Background

Pursuant to Article 1 of the Law of Ukraine "On the Ukrainian Parliament Commissioner for Human Rights" (hereinafter also referred to as the “Law”) parliamentary control over the observance of constitutional human and citizens' rights and freedoms and the protection of every individual's rights on the territory of Ukraine and within its jurisdiction is permanently exercised by the Ukrainian Parliament Commissioner for Human Rights (hereinafter also referred to as the “Ombudsperson”). According to Article 11 of the Law the Ombudsperson has the right to appoint his or her Representatives within the allocated funds approved by the Parliament of Ukraine and to determine the organization of activity and scope of authority of above Representatives. Article 19-1 of the Law provides that the Ombudsperson is entrusted with functions of national preventive mechanism pursuant to the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

Currently the Ombudsperson’s Office includes two Regional Representatives (Dnipropetrovsk and Lviv regions). In order to enhance human rights monitoring capacity of the Office of the Ombudsperson (OO) 7 civic Regional Coordinators of OO for Public Relations were introduced (Cherkassy, Zaporizhzhya, Rivne, Chernihiv, Luhansk, Kirovohrad and Ternopil regions) in August 2013. The program was launched by the Association of Ukrainian Monitors on Human Rights Observance in Law Enforcement (Association UMDPL) with UNDP support. Above Regional Coordinators of OO for Public Relations were selected from civil society activists and human rights defenders in the respective regions, which are not civil servants but serve the field monitoring needs of the OO.

During the time of their service the Regional Coordinators have significantly enhanced communication of the Ombudsperson’s Office with the citizenry at the local level. The UMDPL Association project is nearing its pilot phase completion at the end of 2014; however, it has become already evident that the Ombudsperson’s Regional Coordinators for Public Relations have greatly consolidated local efforts at human rights protection and observance contributing to overall monitoring capacity of the OO.

Before the completion of the project in question, it is essential to facilitate the continuation of comprehensive regional representation of the Ombudsperson’s Office. Despite the project benefits, such form of Ombudsperson’s regional representation is not fully sustainable and subject to the civil society organizations and international donors’ initiatives and support. Therefore, at this stage there is a need to analyze  available international good practices of regional representation of the institution of an Ombudsperson and subsequent development of national program of extension of Ombudsperson’s regional outreach. The prospective study is essential to tap in international good practices and models of regional representation, which could be, for instance, in the form of regional representatives integrated into the framework of the regional governments or state authorities or within the state budget funded OO, or other forms. It should review pertinent experience in states which are Unitarian and non-Unitarian and, consequently, employing different modalities of institute of regional ombudsperson representatives.

Duties and Responsibilities

Main objectives of the assignment

The main objectives of the assignment are:

To conduct a study analyzing existing international effective practices of Ombudsperson’s regional representation in the sphere of human rights protection, including:

• Form and procedure of appointment or elections of regional Ombudspersons (Ombudsperson’s representatives) or other identical or equal human rights institutions;
• Scope of authority (mandate) and responsibilities of regional Ombudspersons (Ombudsperson’s representatives), with a particular focus on (1) division of above authority and responsibilities between national and regional level and (2) cooperation between the national and regional levels;
• Funding sources and modalities for regional Ombudspersons (Ombudsperson’s representatives) or other identical or equal human rights institutions or agents; and

Based on the results of the study to develop recommendations for designing an effective organizational framework of Ombudsperson’s regional representation in Ukraine.

Description of responsibilities / scope of work

In order to draw a comprehensive picture of the diversity of types, mandates, roles, scope of responsibilities and functions of Ombudsperson’s regional representation and to develop recommendations for Ukraine, the Consultant should perform the following steps:

Finalize the approach to research, time frame, and report structure with UNDP;
Propose a selection of countries, where an institution of an Ombudsperson or an identical or equal human rights institution (branch offices or sub-offices or individual designated officials) effectively functions on the local level, whose practice can be taken stock of, proved relevant to Ukraine with potential for successful replication due to similar territorial size, human rights situation, etc.
Conduct the research of the available materials and practices concerning Ombudsperson’s  regional representation (civic or other types) in at least 5 countries (demonstrating different forms of successful and effective regional network with comprehensive and efficient mechanisms of institution’s functioning). The research should look into different forms of the institute of regional ombudsperson’s representatives available in Unitarian and non-Unitarian states The number of countries studied may be expanded, if additional relevant experiences are identified there.

Subject areas for the research on each country at the minimum should include (but not be limited to):

• Form and procedure of appointment or elections of the Ombudsperson’s regional representations / independent and separate regional Ombudspersons / other identical human rights institutions or actors;
• Mandate (scope of authority) of the Ombudsperson’s regional representations / independent and separate regional Ombudspersons / other identical human rights institutions (representation models);
• Source of funding of Ombudsperson’s regional representatives / independent and separate regional Ombudspersons / other identical human rights institutions;
• Relationship matrix of Ombudsperson’s regional representatives /independent and individual regional Ombudspersons /other identical human rights institutions within the framework of the Ombudsperson’s Secretariat /Office;
• Applicable provisions of law stipulating the operation of the Ombudsperson’s regional representatives or of independent and separate regional Ombudspersons / other identical human rights institutions;
• Institutional and actual strengths and weaknesses of the setup of institution of Ombudsperson’s regional representations / independent and individual regional Ombudspersons or of other identical human rights institutions;
• Instruments, criteria and methods used by the Ombudsperson’s regional representatives or of independent and individual regional Ombudspersons / other identical human rights institutions in their work;
• Model of relationship between the Ombudsperson’s regional representatives / independent and individual regional Ombudspersons or of other identical human rights institutions and governmental and non-governmental actors in the sphere of human rights protection.

Produce an Analytical Report, including, at the minimum:

• Summary of findings;
• Brief analysis on each researched country (a minimum of 5) , covering the above-mentioned topics (up to 4 pages per country);
• Section on significant and successful practices, providing an extended description of such experiences and achievements, and indicating countries and recommended stakeholders that can be contacted for further information (including, list of contacts of key organizations and persons who can provide substantial information and share experiences with the Office of the Ukrainian Parliament Commissioner on Human Rights;
• Section with recommendations to the Office of the Parliament Commissioner on Human Rights in Ukraine on facilitating the work of the Ombudsperson’s Regional Coordinators of Public Relations, based on the various experiences studied, which can be applicable in Ukraine, including experience featured in Unitarian and non-Unitarian states with official and quasi-official forms of regional representation;
• List of resources on researched topics;
• Attachments – electronic documents in English (reports, excerpts from legislative acts, analytical reviews, policy documents, procedures, etc), that can’t be accessed through Internet, providing significant additional information on researched topics.

Submit a draft Report in English to UNDP for review and comments;
Submit the final Report in English with UNDP comments addressed and enclosed attachments;
Present the Analytical Report at the one-day expert group meeting in Kyiv – to be determined by UNDP and the Office of the Ukrainian Parliament Commissioner on Human Rights.

The consultant shall use to following research methods but will not be limited to:

• Literature review;
• Internet research;
• Contacts with relevant stakeholders in researched countries.

Deliverables

• Finalized detailed outline of the Report and approach to the research approved by UNDP and the Office of the Ukrainian Parliament Commissioner on Human Rights – within 5 working days after signing a contract;
• Draft Report submitted for UNDP comments – within 4 weeks after the approval of the report outline;
• Final document submitted for UNDP approval – within a week after receiving comments from UNDP and the Office of the Parliament Commissioner on Human Rights;
• Presentation of the report delivered to the expert group meeting in Kyiv – the date to be determined by the UNDP, Office of the Ukrainian Parliament Commissioner on Human Rights – not later than 1 November.

Monitoring/reporting requirements

The Individual Consultant will report to the DHRP Project Manager. Payments shall be made in two installments. The 1st payment (60%) will be made subject to completion of 1-2 deliverables, and 2nd payment (40%) payable upon completing and acceptance of all the deliverables.

Competencies

Functional Competencies:

• Sound knowledge of human rights issues and different NHRI models;
• Excellent analytical and consolidation skills;
• Proven track record of analytical products development;
• Excellent verbal and written communications skills in English as well as report writing skills’
• Ability to adhere to timelines and deadlines

Corporate Competencies

• Demonstrates integrity by modelling the UN’s values and ethical standards;
• Promotes the vision, mission, and strategic goals of UNDP;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Treats all people fairly without favouritism;
• Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment.

Required Skills and Experience

Education:

• Master’s degree or equivalent in human rights, international law, international relations, political science, journalism, development studies or related field;

Experience:

• Minimum 5 years of international work experience in the field of human rights, including prior advisory or consultancy activities;
• Country-specific knowledge of the Eurasia region, including experience in or knowledge of human rights situation and National Human Rights Institutions in European and the CIS countries, including an institution of an Ombudsperson is a strong asset;
• Proved capacity to research, design, and produce quality knowledge products, including reports, policy papers, research papers, case studies, etc.;
• Previous experience in conducting research or producing policy papers or analytical materials for NHRIs (including OO) would be an asset.

Languages:

• Fluent English;
• Russian/Ukrainian language capacity would be considered an asset.

Documents to be included when submitting the proposals

Applicants shall submit the following documents:

• A proposal, providing a draft outline, a brief methodology on how the work will be conducted and a proposed plan of work;
• Personal CVs/P11, including information about past experience in similar projects / assignments;
• Financial proposal;
• Reference to or copies of previously developed knowledge materials including analytical reports, research papers, case studies materials, etc.

Financial proposal - Lump sum contract

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in installments or upon completion of the entire contract). Payments are based upon output, i.e. upon delivery of the services specified in the TOR.  In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount (including travel, per diems, and number of anticipated working days).

Travel costs

All envisaged travel costs must be included in the financial proposal. This includes travel to partake in the presentation of the report delivered to the expert group meeting in Kyiv in October 2014. This includes all travel to join duty station/repatriation travel.  In general, UNDP should not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so using their own resources.

Evaluation criteria

• Educational background – 10 points max {10pts – PhD degree; 5 pts – Master’s degree};
• Relevant professional experience – 20 points max {20 pts – 16+; 15 pts –  11-15 years; 10 pts – 6-10 years;  5pts – 5 years);
• Brief methodology on how the work will be conducted - 15 points max {15 pts – high level of both quality and relevance; 10 pts - intermediate level of both quality and relevance; 5 pts – low level of quality an relevance)
• Experience in conducting research and developing quality knowledge products, including reports, policy papers, research papers, case studies, etc.–20 points max (evaluation will be based on substantive analysis, relevance to thematic area, including human rights, etc.)  {20 pts – high level of both quality and relevance; 15 pts – intermediate level of both quality and relevance; 10 pts – either quality or relevance of material is observed; 5pts – only quality or relevance of materials is observed);                                                                                                                                                                                          
• Language proficiency – 5 points max {5 pts – English, Russian, Ukrainian; 4 pts –  English + Russian or Ukrainian; 3pts – only English}; 

Maximum available technical score - 70 points.

Evaluation method - Cumulative analysis

Contract award shall be made to the incumbent whose offer has been evaluated and determined as:

• Responsive/compliant/acceptable, and
• Having received the cumulative highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation.

* Technical Criteria weight: 70%

* Financial Criteria weight: 30%

Only candidates obtaining a minimum 70% from the maximum available technical score (70 points) would be considered for the Financial Evaluation.

The maximum number of points assigned to the financial proposal is allocated to the lowest price proposal and will equal to 30. All other price proposals will be evaluated and assigned points, as per below formula:

• 30 points [max points available for financial part] x [lowest of all evaluated offered prices among responsive offers] / [evaluated price].

The proposal obtaining the overall cumulatively highest score after adding the score of the technical proposal and the financial proposal will be considered as the most compliant offer and will be awarded a contract.

Payments will be made only upon confirmation of UNDP on delivering on the contract obligations in a satisfactory manner.
Individual Consultants are responsible for ensuring they have vaccinations/inoculations when travelling to certain countries, as designated by the UN Medical Director. Consultants are also required to comply with the UN security directives set forth under dss.un.org

General Terms and conditions as well as other related documents can be found under: http://europeandcis.undp.org/home/jobs

Qualified women and members of minorities are encouraged to apply.

Due to a large number of applications we receive, we are able to inform only the successful candidates about the outcome or status of the selection process.

Incomplete applications will not be considered. Please make sure you have provided all requested materials.

Applications should be filled in only in English.