Terms of Reference
Legal Aid Provider
- General Description of AJSDP:
The project captioned “Afghanistan Justice Service Delivery Project (AJSDP)” is designed to assist the Government of the Islamic Republic of Afghanistan in implementing the Government’s National Priority Program (NPP) the objective of which is to restore the faith of the Afghans in the ability of law in protecting and defending the best interests as individuals and as a nation. The project seeks to mitigate the impact of the transition, put the system on a sustainable path for long-term results, and improve service delivery.
- Components of the Project:
The project consists of four inter-related components, namely: (a) Partnership for Justice; (b) Legal Empowerment; (c) Organization and Capacity of Justice Institutions; and (d) Implementation Capacity.
- Partnership for Justice: This component aims at increasing the scope and quality of legal services in SELECT SQL_CACHEed provinces and districts. The ultimate goal of this component is to support business environment and investment climate. The means to achieve the goals and objectives are by: (i) improving the collaboration and strengthening capacity of the local Justice Institutions (JIs); and (ii) engaging local JIs and other legal service providers, including community organizations and leaders into community justice partnership.
- Legal Empowerment: The two sub-components of this component are: (i) Legal Aid, to be achieved through consolidating the existing legal aid sub-systems which are composed of two distinct models based on in-house lawyers and subcontracting an NGO, and building the critical base (policies, procedures, and capacities augmented by TA and automation) for an effective, fiscally sustainable, nationally coordinated state system of legal aid; and (ii) Legal Awareness, to be achieved by strengthening capacities of Ministry of Justice (MoJ), Supreme Court (SC) and Attorney General’s Office (AGO) in planning, financing and managing legal awareness and through implementation of specific legal awareness activities.
- Organization and Capacity of Justice Institutions: The two sub-components of this component are: (i) Effective Organizational Design, to be achieved through policies to adjust courts’ and prosecutorial offices’ functions, jurisdictions, size and territorial organization to the current needs, incorporating the design, operations, and processes of courts and offices of public prosecution and streamlining procedural designs; and (ii) Strengthening Capacity of Justice Institutions, to be achieved through the improvements in human capital, case management and physical infrastructures.
- Implementation Capacity: This component will be achieved through strengthening of implementation capacities of the JIs to enable them to implement reforms and other activities without significant additional assistance.
- Implementation Arrangements:
The project will be implemented by the JIs(the SC, the MoJ, and the AGO) and will follow the Bank policies and guidelines. The Bank will be responsible for the supervision of the project. The project implementation structure builds on and expands the structure established under the Phase 1 AJSRP. A detailed description of the implementation structure and operational procedures will be included in the project operational manual to be issued within four months from the date of project effectiveness. The implementation structure includes: (a) a Project Oversight Committee (POC); (b) Stakeholders Forums (SF); (c) a Project Support Unit (PSU); (d) a Project Unit (PU) in the implementing institutions – the SC, the MoJ and the AGO; (e) the Provincial POCs and their secretariats.
The first World Bank-funded project for the Justice Sector, the Afghanistan Justice Sector Reform Project (AJSRP), financed the Legal Aid Project in MoJ. The Project is aimed to provide legal aid services to the indigent accused individuals in compliance with the constitutional obligation of the Government of Afghanistan by hiring individual consultants (and firms). The project Legal Aid offices, which are managed by the General Department of Legal Aid and the provincial Legal Aid Heads in provincial Justice Departments, have been established in Kabul, Balkh, Nangarhar, Herat, Bamyan, Baghlan, Paktiya and Konduz provinces. A number of Legal Aid Providers (LAPs) have been hired for each of these offices and Admin Assistants are assigned as supportive staff to assist the LAPs as well as to manage the day-to-day operations of office. The AJSDP will finance the operations, extension and improvement of the Legal Aid Project activities as a very significant and crucial sub-component of the project.
The objective of this consultancy is to seek the services of a licensed advocate as a legal aid provider to be hired under the AJSDP Legal Aid Project in order to provide free of charge legal aid services to the indigent people.