Recruitment of legal services : Terms of Reference 

PILS, together with other partners fighting in the field of HIV and related issues, are seeking the support of a legal practitioner, law firm or Chambers of legal practitioners. The mission of PILS is to represent, mobilise and strengthen civil society organisations and key affected communities in Mauritius. PILS advocates for political commitment and effective HIV and AIDS response in a supportive environment at the national, regional and global levels.

Objective

The aim of the legal support is to assist PILS regarding human rights abuse faced by people living with HIV and key populations1. It is undeniable that criminalisation of key populations and discriminations against people living with HIV increase stigma and puts people more at risk of being infected with HIV and Hepatitis C. It is only by tackling the social, political and economic worlds that change will occur to ensure a stronger response.

Legal support can strengthen our civil society and bring social change in our country in a favourable legal environment. Collaboration and support of legal representatives and grassroot social advocates can provide our citizens with better understanding of their rights and support on how to use and shape the law.

Background

PILS is currently hosting programs under which our partners have highlighted the need to have support from a legal practitioner, law firm or Chambers of legal practitioners to better assist our people living with HIV and key populations. It is important that we have legal expertise which supports advocacy that has been led by PILS and its partners. The two main challenges faced by our people living with HIV and key populations are the lack of knowledge of their rights as well as the lack of access to their rights, especially when in custody.

Scope of work

The selected legal practitioner, law firm or Chambers of legal practitioner will be required to assist and advise PILS on HIV and human rights related issues pertaining to the following fields of law (Act & Regulations):

– Criminal Code

– Certificate of Character Act

– HIV/AIDS Act – Data Protection Act

– Dangerous Drug Act

– The Constitution of Mauritius

– Immigration Act

– Human Rights Treaties

– Equal Opportunity Act

– Occupational Safety & Health Act

Qualification and competency requirements:

· The legal practitioner, law firm or Chambers of legal practitioner should be able to delegate a representative (qualified, experienced barrister) who is able to assist PILS and partner NGOs in legal cases. Lawyers should be qualified and can work alternately in French, English and must speak Kreol.

· In addition to experience in the above-mentioned laws above, experience with working with civil society will be an advantage

Conditions of retention

Confidentiality

PILS require the utmost level of confidentiality in dealing with cases of HIV or other related issues. The legal practitioner, law firm or Chambers of legal practitioner selected are expected to demonstrate the highest level of confidentiality regarding the cases of our clients.

Any public statement regarding cases referred by PILS and its partners will need to be done in consultation to avoid any negative impact on our clients.

Scope of programme

Appointment of services of the legal support is in line with the overall programme hosted by PILS. The goal of the programme is that the legal, policy and social environment in Mauritius is conducive for key populations, people living with HIV and Hepatitis C to access acceptable, affordable and quality HIV and HCV prevention, treatment and care services.

Operational requirements

· Interest in human rights issues generally, and experience in sexual & reproductive health rights is highly desirable

· Excellent knowledge of international human rights laws and instruments

· Ability to work with different groups of people who are most at risks of HIV infection and other vulnerable groups

· Provide direct legal support to clients which have been referred by PILS and its partners.

· Provide on call legal services to NGOs and their clients of NGOs regarding to issues related to scope of the programme.

· Mandatory attendance to at least one full-day monthly meeting.

· Ensure reporting of cases which have been referred.

Duration of contract and Timeline

9 May 2022: Application deadline

12 May to 13 May 2022: Interview and selection.

18 May 2022: Signature of contract

23 May 2022: Appointment

The contract with the legal practitioner, law firm or Chambers of legal practitioner and PILS will be of a duration of 12 months

Payment schedule

PILS is a non-governmental organisation, striving for more social justice in Mauritius. Payment will be negotiated directly with the legal practitioner, law firm or Chambers of legal practitioner selected.

Application procedures

For any clarification or queries, please contact Mr Patrice MONVOISIN (p.monvoisin@pils.mu).

Interested applicants should submit their profiles to: info@pils.mu.

1 Key populations are defined groups who, due to specific higher-risk behaviours, are at increased risk of HIV. They include men who have sex with men, people who inject drugs, people in prisons, sex workers and transgender people