Job Description

TERMS OF REFERENCE FOR COMPARATIVE LEGAL ANALYSIS CONSULTANCY ON LIFESTYLE AUDIT BILLS

Call Title: Consultant for Comparative Legal Analysis of Lifestyle Audit Bills

Theme: Legislative Review

Location: Remote; Lusaka, Zambia

Contract Type: Consultant

Duration of Assignment: 40 working days

Introduction

The American Bar Association Rule of Law Initiative (ABA ROLI), together with the National Democratic Institute (CEPPS/NDI) and the International Foundation for Electoral Systems (CEPPS/IFES), as part of the Consortium for Election and Political Process Strengthening (CEPPS) under a USAID Cooperative Agreement, is implementing a project entitled “Zambia Political Accountability and Leadership”. The project aims to advance broader democratic governance reform through constitutional, legal, regulatory and policy reform and implementation, and institutionalize inclusive, responsive, and effective systems of governance.

One of the activities under Objective 1 of the project involves ABA supporting civil society partners on key issues of policy and legal reform advocacy by providing technical expertise through comparative legal analysis of key bills.

Objective

The main objective of the comparative legal analysis of Lifestyle Audit Bills is to supplement the work already done by CSOs in Zambia who are advocating for the implementation of Lifestyle Audit legislation by providing a thorough analysis of regional and global Life Audit Bills, extracting from them the best practices which will be highlighted in a drafted model law.

Background

Zambia has had legislation since 1994 that regulates the conduct of elected officials and cabinet ministers. This Act of parliament is known as the Ministerial and Parliamentary Code of Conduct Act 1994. This Act, accompanied by the Electoral Commission Act and the Electoral Act provide for the declaration of assets of candidates vying for political positions, pursuant to Articles 261 and 263 of the Constitution of Zambia Amendment Act no. 2 of 2016. Additional support is provided by the Financial Intelligence Crimes Act, the ACC Act, and the DEC Act. The presence of gaps relating to declarations in these statutes and procedures of enforcement has led to calls for the enactment of a different piece of legislation that specifically targets public officers and government officials and their immediate family members. Two routes have been proposed: 1) a Lifestyle Audit law, legislation governing the appraisal of one’s standard of living in relation to their income, and 2) a Beneficial Ownership law, legislation governing a person’s level of interest and ownership in corporate vehicles such as companies and trusts. A combination of both of these laws is seen as the best way to deal with unjust enrichment cases, misappropriation of public funds and corruption. All these cases fall into so-called ‘white collar’ crimes. Such a law will help to strengthen CSO oversight, institutional oversight and enforcement.

Scope of Work

The consultant will review advocacy materials already drafted by Zambia CSOs as a starting point and is expected to:

1. Conduct a thorough study of regional and global laws, regulations, and legal decisions that comprise the national legal frameworks and international and regional legal standards and best practices as it pertains to lifestyle audit legislation;

2. Create a model law that takes into account the gaps, the overlaps and the institutional frameworks for lifestyle audits of public servants; and

3. Propose an action strategy for CSOs to push for these reforms

4. Create a presentation of the finding and draft law to be presented, in-person, to CSOs in Zambia (all travel costs and accommodations will be covered by the ABA)

The analysis will ensure CSOs are equipped with the knowledge of regional and international standards, comparative legislation, and best practices from various jurisdictions to better engage in informed advocacy.

QUALIFICATIONS AND EXPERIENCE

● An advanced degree in Law or International Human Rights Law

● Have a minimum of 10 years of professional work experience in the areas of human rights, democracy, constitutional law, and/or law reform related work.

● Experience in legislative drafting (strongly preferred)

● Good understanding of country context and legal systems in Zambia (preferred)

● English fluency and excellent communication and presentation skills.

Candidates are invited to send their CV and Cover Letter in English to the ABA ROLI hiring manager at the following address: africa-recruitment@americanbar.org. Applications will be reviewed on a rolling basis.

ABOUT THE ABA:

The American Bar Association –Rule of Law Initiative (ABA ROLI) is a public service project of the American Bar Association, with over 25 years of experience delivering international rule-of-law technical assistance, currently implementing programs in nearly 60 countries worldwide and over 10 countries in Africa. In Africa, ABA ROLI has been working for several years in close partnership with governments and civil society partners to increase access to justice and strengthen rule of law institutions to enhance protection for national populations, particularly the most marginalised in society.