The goal of the USAID Rule of Law Program is to strengthen the rule of law in Georgia by building the independence and effectiveness of justice sector institutions, enhancing access to justice for all segments of society, and increasing citizen and institutional oversight of justice sector institutions.

Background

The Public Defender’s Office of Georgia (PDO) is responsible for overseeing the elimination of discrimination and ensuring equality. Together with the court, it serves as the primary institution investigating alleged discrimination cases in the country. To ensure the alignment of national equality standards established by these institutions, the PDO suspends its proceedings if the court is reviewing a dispute related to the same alleged discrimination. Additionally, the PDO terminates proceedings if there is a court decision on the case. Furthermore, the PDO is entitled to submit amicus curiae briefs to the court and, as an interested party, to appeal to the court if an administrative body/or private entities fail to respond to or accept its recommendations. Notably, cases studied by the PDO can be reviewed by the court if the complainant uses both legal mechanisms for the protection of their rights within one year. Thus, there is frequent intersection between these bodies in the investigation of alleged discrimination cases.

Detailed statistical information and relevant analysis on the practice of common courts regarding discrimination cases are not publicly available, which makes it difficult to assess the full picture of the state of equality in the country. Furthermore, the lack of up-to-date information on common court practices poses a risk of developing inconsistent national standards. Additionally, this lack of information may significantly reduce the quality of the PDO’s amicus curiae briefs and appeals as an interested party.

Proposed approach

The USAID Rule of Law Program seeks to hire a local expert to assist the PDO and its Equality Department in developing a special report on discrimination-related cases reviewed by the common courts between 2020 and 2023. Based on the findings, the expert will assist the PDO in developing a special report.

The expert will carry out the following tasks: 1. In coordination with the PDO representatives, develop the research methodology; 2. Analyze the cases and practices of general courts from 2021 to 2023 concerning discrimination issues and the processing of relevant statistics. Additionally, special attention will be given to the general courts' practices regarding the interpretation of the concept of discrimination and the distribution of the burden of proof; 3. Analyze the extent to which general courts apply local (particularly recommendations and general proposals established by the Public Defender and amicus curiae briefs) and international equality standards in the examination of discrimination cases and the timeframes within which alleged discrimination cases are considered; 4. Draft the report and together with the PDO representatives finalize it.

The expert will work closely with the PDO’s Equality Department representatives.

Reporting

The expert will work closely with Ekaterine Bokuchava, Access to Justice Advisor, Keti Kiknadze, Access to Justice Specialist, and will report to Giorgi Chkheidze, Chief of Party.

Timeline and Estimated Level of Effort

The estimated period: September, 2024 -January, 2025

Level of effort: 18 days, including two days for preparing the research methodology, five days for analyzing cases, seven days for preparing the draft of the report, and four days for finalizing the report.

Deliverables

The expert will provide the following deliverables:

1. Develop the research methodology together with the PDO representatives;
2. Analyze court cases and prepare the draft of a special report;
3. Finalize a special report together with PDO.

Requirement and Eligibility

Education: university degree in law.

Experience:

1. Professional experience in developing similar assessments and reports;
2. Extensive research and analysis skills;
3. Experience in working on discrimination issues (would be an advantage);
4. Familiarity with the work and mandate of the PDO and common courts.

To apply, potential candidates need to present:

1. Cover letter addressing the criteria above;
2. CV with a detailed list of qualifications and experience;
3. Outline of the work to be performed;
4. Cost proposal, including the proposed gross daily rate in USD (expert honorarium only).

The application may be submitted in English or in Georgian. The application should be e-mailed to Keti Kiknadze at kkiknadze@ewmi.org. Please include the following text in the subject line: “Local expert to assist the PDO in developing a special report on discrimination-related cases”

* Application will be reviewed based on the above-provided requirement and eligibility criteria.

The deadline for application submissions is August 12, 2024.

“EWMI is an equal opportunity employer, and does not discriminate on the basis of race, gender, religion or sexual preferences.”