Overview : The Gambia's legal system is based on a tripartite system: (1) English law, including the common law and principles of equity and statute law; (2) customary law, which is administered by district tribunals; and (3) Islamic/Sharia law on matters relating to marriage, divorce and inheritance, which is administered by a Cadi Court system. The latter two systems apply only to Gambians and/or Muslims. The customary justice system is reportedly used by most Gambians at the initial stages of handling disputes at community level. The primary method of mediating disputes is conciliation exercised first through the extended family, then through the Kabilo[1], and then refer to the primary village mediator, the Alkalo. Once a dispute is declared as one to be formally litigated, the complaining party may choose an originating entry point into the justice system among the District Tribunal of the customary justice system, Cadi Court of the sharia’ justice system, or the Magistrates or High Court of the conventional justice system. [2] The Tripartite System offers all disputants in The Gambia the opportunity to draw from the advantages of the indigenous customary system of Alternative Dispute Resolution (ADR) by conciliation, and then to choose among several jurisdictions to formalize the dispute in the District Tribunal, Cadi Court or the Magistrates/High Court.[3] The result is a strong need for comprehensive interventions to improve the rule of law by extending support to enhance the institutional capacities and capabilities of justice institutions while also strengthening the demand side by increasing legal awareness and empowering weak and marginalized communities. Scope of Work The International ICT Specialist Consultant, (hereinafter, “the Consultant”) will work closely with the Judiciary and the Prisons Service to develop: A. ICT Strategies and Implementation Plans The Consultant, in cooperation with the Judiciary and the Prisons Service, will develop an ICT strategy for each institution tailored for their professional needs. The strategies should be phased and take into consideration building capacity over a period of time rather than all at once. Not only the capacity of the personnel in terms of ICT skills but also the capacity of the institution, operations and power challenges should be incorporated into the long-term strategy. The Judiciary requires an ICT strategy that will support the efficient administration of its work and connect the courts through a centralized system. The consultant will work closely with the Judiciary to define its short, medium and long-term strategies and subsequent implementation plans. The Prisons Service includes a Headquarters and 3 prisons located in Banjul, Jeswang and Janjanbureh. While Mile 2 and Jeswang are not far in distance, Janjanbureh prison is located approximately 300 kilometers from Banjul. The distance and current capacity of the Prisons Service is substantially different from the Judiciary. It is important for the consultant to understand the different needs of both institutions, including capacity of the personnel, existing ICT equipment, power and what the work requires. B. Establishment of professional email addresses and websites Further to professionalizing both institutions, the Consultant will work with the Ministry of information to facilitate the assignment and functioning of .gov or other institutional/government email addresses. It may be the case that the Ministry of Information has already designated emails for the Judiciary and the Prisons Service but as of now, they are not functional. The consultant will ensure that the challenges are overcome and the emails are functional. Both institutions also require websites with updated information including any links, uploads, documents they would like to make publicly accessible. The design and function of the websites are the responsibility of the consultant and to be done in cooperation with the Judiciary and the Prisons Service. [1] The Mandinka (tribe in The Gambia) word Kabilo refers to the traditional, highly organized social structure. Each community is home to several Kabilos, with the leaders making up a council of elders and each Kabilo providing support and guidance to its members. [2] EU Technical Assistance to the Access to Justice and Legal Education Component of the Governance Programme in The Gambia, Draft Final Report, 2012 [3] EU Technical Assistance to the Access to Justice and Legal Education Component of the Governance Programme in The Gambia, Draft Final Report, 2012 |