|Overview : |
The United Nations Development Programme (UNDP) and UNICEF, in partnership with the Government of The Gambia are implementing a Joint Strengthening Rule of Law and Enhancing Justice and Security Service Delivery in the Gambia Project. The Joint Project endeavors to implement a holistic and comprehensive program which addresses both the supply and demand sides of justice delivery.
The Joint Project’s implementing partners are the Ministry of Justice, the Judiciary, the Gambia Police Force, the Gambian Prisons Service, the National Agency for Legal Aid (NALA), CSOs, the ADR Secretariat, the Gambia Bar Association. The Project has three outcomes and these are: improved access to justice especially for women and children who are victims of serious human rights violations; establishing community policing initiative for the prevention of serious human rights violations and protection of survivors; strengthened justice service delivery system for citizens, particularly victims of human rights abuses.
The ADR Secretariat is a key implementing partner to the Project. The Secretariat was created under the ADRS Act (2005) whose functions include providing services and facilities for parties and other persons who wish to settle their disputes under the Act; maintain a register of arbitrators, mediators and conciliators; render advice or assistance to parties who may wish to settle disputes under the Act among other functions as stipulated in section 100 of the Act. The ADR Secretariat would like to have a comprehensive review of the Act to consider the lessons learnt in the implementation of its provisions from its enactment in 2005.
The main purpose of the Consultancy is to carry out a comprehensive review of the Alternative Dispute Resolution Act, 2005, (ADR ACT), with a view to ensuring that it provides the necessary legal and institutional framework to facilitate ADR in The Gambia, based on best practices and recent legislative developments regulating ADR.
The specific objectives of the review are:
a) To closely scrutinize the ADR Act and propose necessary amendments considering the achievements, challenges, and lessons learnt in the implementation of the Act by the ADRS.
b) To undertake a desk review and comparative studies of best practices within the sub-region with a view to strengthening the provisions in the Act, taking into consideration the context of The Gambia.
c) Draft an amendment Bill to the ADR Act,2005.
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