Decision Writing Consultant for Judges

The American Bar Association Rule of Law Initiative (ABA ROLI) is a non-profit organization that implements legal reform programs. ABA ROLI has worked for more than 30 years in more than 100 countries to promote the rule of law, human rights, strengthening judicial institutions, supporting legal professionals, and promoting civic awareness for a better understanding of laws and rights for citizens. To this end, ABA ROLI establishes partnerships with different actors, including institutions in the justice sector (judges, prosecutors, public defense offices, mediation offices and national human rights institutions, investigators, and police), civil society organizations, bar associations, organizations that provide legal assistance, lawyers and others.

ABA ROLI’s work in Africa encompasses various programs on the rule of law, access to justice, atrocity prevention, as well as the protection and promotion of human rights. ABA ROLI’s Africa Division has offices across the continent, including in Angola, Burkina Faso, Central African Republic, Democratic Republic of Congo, Gambia, Liberia, Sudan, and Uganda.

PROJECT SUMMARY

The American Bar Association Rule of Law Initiative (ABA ROLI), in partnership with several partners in Angola, is implementing a three-year Promoting the Rule of Law project. The objective of the project is to support the strengthening and promotion of the independence and effective functioning of the Angolan judicial system.

The project has three main objectives:

Angola’s legal framework for judicial independence is strengthened;

Citizens demonstrate improved awareness of their legal rights and responsibilities; and

Judges and the courts have increased ability to manage and adjudicate cases fairly and effectively.

Judicial decisions are an indicator of how justice is carried out in any jurisdiction. In many cases, these decisions serve as the basis for evaluating the work of judges and their adherence to legal and constitutional principles. In the case of Angola, some of these decisions, when made public, face criticism, particularly regarding their substance. Common areas of criticism include a) disregard for fundamental principles and legal rules; b) inconsistency, where decisions on the same subject vary significantly and contradict each other; or c) insufficient knowledge in areas not commonly or adequately studied in law schools, such crimes impacting equality and non-discrimination, leading to decisions that fail to apply constitutional principles or human rights laws essential for protecting underlying rights.

As per Objective 3 above, ABA ROLI will collaborate with the Conselho Superior da Magistratura (Superior Council of Magistrates) and Instituto Nacional de Estudos Judiciarios (National Institute of Judicial Studies) to develop two manuals on decision writing for magistrates and judges of the lower courts. The manuals will be used to develop training curricula and conduct decision-writing courses for magistrates and lower court judges. The manuals and training will provide guidance and contribute towards improving the ability of judges to produce consistent and coherent judgments with a focus on criminal law and matters implicating individuals’ constitutional rights.

OBJECTIVES OF THE DECISION-WRITING MANUALS AND THE DECISION-WRITING TRAINING

The decision-writing manuals and the attendant training courses will achieve the following:

Provide resources that magistrates and lower court judges can use in the long term as reference tools when writing decisions.

Increase the capacity of magistrates and lower court judges to write decisions that are clear, concise, coherent, rational, and supported by relevant facts and the law.

Increase rapport between magistrates and judges of the lower courts with the justices of the Supreme Court and other higher/appellate courts.

Contribute towards improving public trust in the judiciary and the justice delivery system by promoting access to justice for citizens.

SCOPE OF WORK

In accordance with the objectives outlined above, ABA ROLI is seeking the services of 1-2 expert(s) with in-depth knowledge of judicial processes, especially decision-writing in criminal and/or human rights cases to develop the manuals and provide training to the magistrates and lower court judges in Angola. The expert will work closely with the Conselho Superior da Magistratura (Superior Council of Magistrates) and Instituto Nacional de Estudos Judiciarios (National Institute of Judicial Studies) as well as individual judges identified to provide support as co-facilitators. The expert(s) will be expected to undertake the following specific activities as part of the assignment:

Develop manuals on decision writing for magistrates and judges of the lower courts; one focusing on cases of domestic and sexual violence against women and children and another on human rights protection with a focus on freedom of expression, assembly, association, as well as gender equality and non-discrimination. Both manuals will be grounded in constitutional principles and interpretation of the constitution, with a focus on citizen rights and international human rights laws and standards.

In reference to the manual and in consultation with ABA ROLI and relevant co-facilitators, develop training curricula and evaluation tools, including a pre- and post-test for participants to test their level of understanding.

Deliver training courses (one on each manual) of three days each on decision-writing to 25 judges.

Draft and submit a workshop report (minimum 5 pages) plus annexes. The annexes may include recommendations from the training, model forms, how-to guides or other documents to facilitate and improve participants’ interventions.

QUALIFICATIONS AND EXPERIENCE

Bachelor’s degree and/or master’s degree in social sciences, Law, International Human Rights Law, Gender, Political Sciences, or other relevant area.

More than 7 years of experience as a judge of a superior court, a practicing lawyer, a law lecturer, or similar experience.

Previous experience in facilitating workshops and similar activities; experience training judicial officers will be considered an advantage.

Extensive knowledge of the functioning of judiciaries and justice delivery systems, including decision writing.

Excellent communication and writing skills in Portuguese, knowledge of English will be considered an advantage.