Background

The rule of law, as a principle of governance involving a system of rules and regulations that are fairly and equally applied to everyone (people, institutions, the State), is increasingly recognized as a crucial element of sustainable development. At the same time, there is an increased demand for additional data to better illustrate the linkages between the rule of law and the role it plays in addressing inequality, reducing poverty and promoting sustainable development.
 
The provision of legal aid and assistance is a concrete way in which the rule of law can contribute to more equitable development and improve access to justice, by enabling the poor and marginalized groups to better access their rights and entitlements, resolve their disputes peacefully and seek remedies for grievances. Effective legal aid service schemes can improve the performance of the justice system and public administration, lead to more rational and effective decision-making, foster greater social cohesion and increase accountability and respect for the rule of law, all of which are essential for sustainable development. Access to legal information and assistance with legal matters are also key components of legal empowerment approaches and the provision of legal aid services free of charge to those who cannot afford them is significant to enabling access to justice and fostering human development.
 
A functioning legal aid system, as part of a functioning criminal justice system, has an impact on reducing the length of time suspects are held in police stations and detention centres, in addition to reducing the prison population, prison overcrowding and congestion in the courts, and reducing reoffending and revictimization. It also protects and safeguards the rights of victims and witnesses in the criminal justice process, and reduces costs to the state and to communities.
 
In addition, access to legal aid for the poor and marginalized groups in civil matters, for example, to resolve disputes over land and property or in commercial or family cases, can be significant means of empowering the poor by providing them the information and support they need to claim their rights and entitlements, utilize their assets and access services and benefits.
 
Within this broader context, this Global Study on Legal Aid, lead by UNDP and UNODC in collaboration with other partners, aims to respond to the call for a ‘data revolution’ on the quality of development data available to inform development interventions and monitor progress in achieving sustainable development. It aims to provide an overview of the current situation of legal aid globally, in order to strengthen the knowledge and evidence base on legal aid. It will cover legal aid services for civil, criminal as well as administrative and review both government and non-governmental legal aid services, including legal and paralegal schemes.

Duties and Responsibilities

The consultant will be the researcher and coordinator for the assignment and will be guided by the Steering Committee of the Global Study on Legal Aid and will report directly to the Policy Advisor/Team Leader, Rule of Law: Access to Justice and Security, Legal Empowerment of the Poor, Democratic Governance Group, BDP/UNDP and to the Chief of the Justice Section in the Division of Operations at UNODC. Specific scope of the work includes:
Reviewing and Finalizing the Research Approach and Methodology
Deliverables:

Methodological Note/Research Framework for the Study - Based on a background documents developed by UNDP and UNODC and the feedback from the Steering Committee, the consultant will finalize the research approach and methodology for the study, including identifying indicators to measure access to and availability of legal aid. The study will likely include: a) desk research; b) state surveys; c) expert surveys; and c) case studies
Drafting Survey instrument
Deliverables:
  • Draft Survey Instrument - The consultant will develop draft survey instrument(s) (for Member States and Experts) with feedback from the Steering Committee. The survey  instrument(s) will include separate components to assess quality and accessibility of legal aid for civil, criminal and administrative matters.
Piloting the Survey Instrument
 Deliverables:

Report from the pilots and updated and research methodology - The consultant  will coordinate the testing and piloting of the survey instrument, including in 2-3 countries (number to be determined by the Steering Committee). A report on lessons from the pilots will  be submitted to the Steering Committee and the research methodology will be updated based on the findings.
Finalize the Survey Instrument
Deliverables:

Final survey instrument - The consultant will updated and finalize the survey instrument based on the findings and lessons from the pilots.
Implementation of the Survey
 Deliverables:

Monthly updates to the S.C. on the progress of the study -      
Supporting the members of the Steering Committee to implement the survey, the consultant  will coordinate the identification of the contact list for the Members States and the Expert  Survey. S/he will oversee sending out the survey (paper survey) as well as supervise the  development of an online platform for the survey. S/he will also regularly follow up with the Steering Committee and respondents to ensure that the surveys are completed and returned.
Implementation of the Desk Review of Research on Legal Aid
Deliverables:

Literature review of the research available on legal aid - The consultant will conduct the literature review of the available research on legal aid to contribute to the analysis for the framework and report of the findings of the Global Study on Legal Aid. S/he will also supervise the development of the knowledge platform on legal aid which will be populated with the desk research (e.g. relevant research, policy documents, and legislation on legal aid.)
Development of the Case Studies
Deliverables:

Methodology for case studies, training for researchers and reports on the Case Studies - Based on the initial findings from the desk research and the surveys and in discussion   with the Steering Committee, the consultant will develop a framework methodology for  collecting in depth data on 3-5 case studies (to be determined by the Steering Committee) on innovative practices and lessons on the delivery of legal aid, conduct a training on research methodologies for the case studies and supervise the write up of these case studies.
Draft framework for research and outline for the report
Deliverables:

Framework for research and outline for the report - The consultant will develop  the framework and outline for the report to be circulated for feedback from the Steering Committee. This framework and outline will be finalized indicating the structure of the report and outlining the key themes for analysis that will form the basis for the report.
Draft Report and present to the Steering Committee Meeting at a Global Workshop
Deliverables:

Draft report, global workshop to present findings of the report and for a peer review process for the report

The consultant will draft the report drawing on the desk research, surveys and case studies and will present the findings at a global workshop of the Steering Committee members.
Final report
Deliverable:

Final Report for editing and layout - The final report will be finalized by the consultant taking into consideration the comments and feedback from the Steering Committee  as the peer review.

Reporting Lines 

The consultant will report directly to the Policy Advisor/Team Leader, Rule of Law: Access to Justice and Security, Legal Empowerment of the Poor, Democratic Governance Group, BDP/UNDP and the Chief of the Justice Section in the Division of Operations at UNODC under the overall guidance of the Steering Committee comprising of UNDP, UNODC, other co-funding international organizations, NGOs and selected field experts on legal aid.

Competencies

  • Strong understanding and knowledge of the current development and governance agenda;
  • excellent management skills;
  • Proven research, coordination and organizational experience;
  • Ability to write and communicate in a clear and concise manner;
  • ability to multitask and prioritise tasks with minimal supervision;
  • Excellent communication;
  • Strong analytical and communication skills, including distilling complex information to communicate key messages in an engaging and succinct manner.
  • Strong interpersonal skills, including ability to work effectively as a member of a team.

Required Skills and Experience

Education:
  • JD or Masters or equivalent in law.

Experience:

  • Minimum of 7 years of relevant international development and research experience – particular experience and expertise in rule of law and justice systems, with a strong focus on access to justice, legal aid and informal justice mechanisms (traditional/customary justice systems and ADR mechanisms);
  • Experience in research work conducting research and assessment studies, particularly knowledge and experience in developing research methodologies and conducting surveys;
  • Experience in working in a multi-cultural team;
  • Experience with UNDP or UN agencies an asset. Research work, conducting assessment studies with government and non-government institutions and development of corporate products also preferable.

Language:

  • The working language of the SC is English, yet knowledge in French and/or Spanish is desirable;
  • Knowledge of other UN languages is an asset.
Documents to be submitted with application:

Proposal - Please submit the following to demonstrate your interest and qualifications:
  • Explaining why you are the most suitable for the work;
  • Provide a brief methodology on how you will approach and conduct the work (2 pages or less).
Price Proposal - Please submit an all-inclusive consultancy fee which may be made up as follows:
  • Daily fees;
  • All envisaged travel costs must be included in the financial proposal. This includes all travel to field for research;
  • UNDP will not accept travel costs exceeding those of an economy class ticket;
  • Any other financial claims to accomplish this task, e.g living expenses if outside of home country, visa, travel insurance.
Personal CV and/or UNDP Personal History Form
Evaluation Process

Application Evaluation Process - Individual consultants will be evaluated based on the Cumulative Analysis methodology [weighted scoring method], where the award of the contract will be made to the individual consultant whose offer has been evaluated and determined as:
  • Responsive/compliant/acceptable;
  • Having received the highest score out of a pre-determined set of technical and financial criteria specific to the solicitation;
    Technical Criteria weight- [70%];
    Financial Criteria weigh -[30%] .
The following criteria will be used in Technical Evaluation:
  • Demonstrated understanding of legal aid systems including experience in legal aid research, max 30 points;
  • Experience in conducting large scale research studies, max 20 points;
  • Experience working in the field of international development, max 10 points;
  • Methodology and work plan demonstrating a clear understanding of the job to be done, max 30 points;
  • Prior work with UNDP or similar development organization required; max 10 points.
Only Individual Consultants obtaining a minimum of 70% of the obtainable points of 100 points in technical evaluation would be considered for the Financial Evaluation.

UNDP is applies a fair and transparent selection process that takes into account both the technical qualification of Individual Consultants as well as their price proposals. The contract will be awarded to the candidate obtaining the highest combined technical and financial scores. UNDP retains the right to contact references directly.