UNDP Jobs - 50466- National Consultant - Identifying and Analyzing G

National Consultant - Identifying and Analyzing Gaps in Application of International Obligations into Domestic Context

Location :

Vientiane, LAO PDR

Type of Contract :

Individual Contract

Starting Date :

Application Deadline :

31-Oct-14 (Midnight New York, USA)

Post Level :

National Consultant

Duration of Initial Contract :

45 working days

Languages Required :

English

Expected Duration of Assignment :

45 working days

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence. UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

Background

In September 2009, the Legal Sector Master Plan was officially adopted by the Government of Lao PDR. The Master Plan lays out a framework for the country’s first broad-ranging legal reform in order to achieve its ultimate goal of establishing a rule of law state by 2020. It is a comprehensive and candid statement of the current needs of the legal system as well as a series of guiding principles for developing a rule of law state and action plan to achieve this goal. The Plan represents an effort at coordinated legal system development consistent with the guidance of the political report of the 9th Party Congress.

In order to support the implementation of the Master Plan, UNDP, together with other donors, launched a new project (“Support Project for Implementation of the Legal Sector Master Plan”) in January 2014. As the first attempt towards a programme-based approach in the legal sector of Lao PDR, the SPLSMP is expected to deliver the following 6 key outputs:

Enhanced capacity, procedures, and standards for legislative development and implementation in Lao PDR;
Improved capacity, structure, and arrangements further improved at legal and judicial institutions for more effective and responsive judicial process;
More systematic development of legal and judicial professionals enabled through the establishment of a unified judicial training institute;
Increased public understanding of legal rights and information, and increased participation in the legal system towards full realisation of their rights;
Lao PDR’s further integration into regional and international communities enabled through adoption, implementation, enforcement, monitoring, and reporting of international legal instruments;
Enhanced capacity of the Secretariat for more effective coordination in the legal sector and implementation of the LSMP.

Introduction to the sector

Lao PDR was established in 1975. Although all pre-1975 written laws were abolished, the operation of multi-lateral treaties already entered into were not terminated or suspended. On August 14, 1991, sixteen years after the establishment of the Lao PDR, the country's highest legislative organ, the Supreme People's Assembly adopted the Lao Constitution which was later amended on the 6 May 2003.

From 1991 to date the government had enacted approximately 103 laws covering a diverse and wide sectors, with the objective of catering to aspects relevant to social, economic growth and protection of human rights.

In accordance with Article 12 of its Constitution, Lao PDR pursues a foreign policy based on peace, independence, friendship and mutual cooperation, the expansion of relations and cooperation with all countries based on the principles of peaceful co-existence, respect for independence, sovereignty, territorial integrity, non-interference in domestic affairs, equality and mutual benefit. Based upon this policy, the Government of Lao PDR attaches importance to international efforts to strengthen the international rule of law and to facilitate the establishment of the rule of law in the country while improving its human rights environment. Point 13 of sub-Article 67 of the Constitution of Lao PDR states the President of the State has the rights and duties to issue the ratification of or (secession from) treaties and agreement signed with foreign country. However, the Constitution is silent on the mechanisms relevant to the implementation of international obligations. Hence, Lao PDR is a dualist jurisdiction. Further Article 4 and Article 9 of the law on law making stipulates that “international treaties are legislation that shall be implemented in accordance with the provisions of specific legislation and confirms prevalence of international treaties over domestic legislation inconsistent with international legal obligations respectively.

To date, Lao PDR has ratified over one hundred treaties seven of the nine core human rights conventions. In addition, Lao PDR has ratified many ASEAN and other regional and bilateral instruments. Implementing and monitoring the application of the relevant obligations under these treaties in domestic law however remains a challenge for Lao PDR. There are significant gaps between national legislation and international legal obligations of Lao PDR. To address these gaps and lacks, the Government of Lao PDR intends to roll out a harmonized approach to the application of international obligations in the domestic context. It intends to streamline the process and mechanism of the implementation and the application of international obligations. The deliverables of this consultancy, will serve as the foundation to devise and develop the future course of action in this regard.

Expected Results

The consultant is expected to in discussion and in concurrence with government stake holders and UNDP:

Develop a comprehensive report identifying and analyzing exiting gaps in the domestic application of international obligations.

The analysis shall include but not limited to a comparative analysis implementation of ICCPR and CAT:

Based on the analysis identify concrete and practical recommendations to be implemented bythe Treaties and Law Department and the government ofLao PDRwith well-defined time lines;
Develop a comprehensive guide manualfor government department and agencies on thepractice and procedures for the application of international obligations of Lao PDR in the local context.

Duties and Responsibilities

The consultant is expected to work close collaboration with the stake holders including the representative of the government of Lao PDR, UNDP and other development partners and ensure the reports produced are based on a consultative process.

The consultant will be expected to take a holistic approach in the sector and will fully take into account the local context. The analysis in the reports must where ever possible be based on empirical data and evidence.

The consultant will be based at the LSMP Secretariat and will work in close coordination with the project team for a period up to 45 working days. As this consultancy is specifically relevant to Output 5 (stated above) of the project, the consultant will be expected to closely collaborate with Treaties and the law department.

Expected Deliverables:

A detail scope of work and deliverable with relevant time lines are outlined below:

Desk Review (3 Days)

The consultant will be expected to familiarize himself/herself with relevant literature for this work, including but not limited to:

Legal Sector Master Plan;
SPLSMP project document;
Terminal Reports of International Law project;
Constitution of Lao PDR and Relevant laws;
The Seventy Five-Year National Socio-Economic Development Plan (2011-2015).

Mission plan(1 Day)

Prepare a mission plan/ schedule including meetings, discussion and key informant interviews (in consultations with the project.

Preliminary meetings with stake holder (3 days)

Discussions with government stake holders, UNDP and donor community.

Deliverables

Debriefing session with SPLSMP secretariat on all discussions held with the government and otherstake holders;
Meeting schedule with stake holders for detailedconsultations;
Draft outline of the report.

Detailed Consultations and joint workshops on gap analysis (10 days)

During this period, it is expected that the consultant will conduct detailed diagnostic discussions and research on all core treaties ratified by Lao PDR and the relevant domestic laws. He or she is expected to acquire all related details on the procedures, mechanisms and the application of international obligations in the domestic context. Further it is expected that the consultant will pay detail attention to but not limited to; Identify how the obligations in the treaties are met by existing legislation, provide a summary of the range of options available for implementing the treaty action, identify which obligations require legislative implementation etc.

Detailed discussion with key stakeholders;
Conduct a joint consultative workshop with relevant government departments to identify gaps;
Conduct key informant interviews;
Desk research on which treaty obligations are best implemented and how;
Analysis of domestic application of treaty obligation under ICCPR and CAT.

Deliverables

Finalize outline of the main report;
Draft comparativeanalysison the domestic application of treaty obligation under ICCPR and CAT;
Draft outline of the guide manual.

Presentation of preliminary findings to the government stake holders and develop (short, medium and long term) recommendations (7 days)

During this period the consultant will devote more time to identify measures which the Government could or should adopt to implement the treaty action, including specific reference to implementing legislation.

Conduct a joint workshop with the relevant government stake holder to share primary finding and come up with viable recommendations with well-defined time lines for implementation.

Deliverables

Draft report on recommendations from the joint workshop;
Final report on comparative analysis of domesticapplication on lessons learned from the pilot testing;
Draft outline of the guide manual.

Note:

UNDP and the Government will reserve the right to comment on the report prior to finalization

Presentation of final findings and consultative sessions aimed at designing the manual (8 days)

Consultative sessions held with relevant government stake holders to design and develop content of theguide manual;
Present final findings of the gap analysis to government stakeholders;
Finalize report on recommendations.

Deliverables

Final structure /outline of theguidemanual;
Final report on recommendations;
Final report on gap analysis.

Note:

UNDP and the Government will reserve the right to comment on the report prior to finalization.

Final Reports(14 Days)

Deliverables

Final gap analysisReport (printableversion);
Final Report on Recommendations (printable version);
Final report pertaining to the comparativeanalysison the domestic application of treaty obligation under ICCPR and CAT (printableversion);
Final guide manual (printable version).

Note:

UNDP and the Government reserve the right to give comments on the draft report prior to finalization.

Competencies

Functional competencies:

Shares knowledge and experience;
Plan and prioritizes work activities to meet organizational goals;
Builds and sustains relationships with key constituents (international/external/bilateral/ multilateral/public/private/civil society);
Conceptualizes and analyzes problems to identify key issues, underlying problems, and how they relate;
Demonstrates excellent and effective written and oral communication skills;
Demonstrate respect to knowledge and culture and religion in a multidisciplinary working environment;
Applies the required depth and breadth of knowledge and expertise to meet job demands;
Uses information technology effectively as a tools and resource;
Demonstrated flexibility and adaptability in taking on this type of consultancy;

Corporate Competencies:

Demonstrates integrity by modeling 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 favoritism;
Fulfills all obligations to gender sensitivity and zero tolerance for sexual harassment.

Required Skills and Experience

Academic Qualifications:

Advanced university degree in International Law or related relevant fields.

Years of experience:

At least 10 years of extensive experience in conducting similar analysis /research/ developing manuals related to international law or related fields;
Extensive experience in working with governments and institutions.

Languages:

Fluency in spoken and written Lao and English including excelling drafting skills, particularly in being able to write documents.

Requirements for submission of proposals:

All interested and qualified candidates should apply on-line using the following links:

UNDP Lao PDR Country Office website at http://www.la.undp.org/content/lao_pdr/en/home/operations/jobs/

Or UNDP Jobs at http://jobs.undp.org/cj_view_jobs.cfm

In order to make submission please read the attached relevant documents which are also available on our web-site

In order to make submission please read the attached relevant documents:

TOR (Annex I);
Individual Contract&General Terms and Conditions (Annex II);
Offeror's letter to UNDP comfirming interest and Availability(Annex III).

Documents to be included when submitting the proposals:

Interested individual consultants must submit the following documents/information to demonstrate their qualifications:

Technical and Financial Proposal as per Annex III “Offeror's letter to UNDP comfirming interest and Availability(Annex III)”

Explaining why you are the most suitable for the work;
Providing a brief methodology on how you will approach and conduct the work including the work schedule for the delivery of outputs/deliverables;
CV including past experience in similar project and contact reference of at least 3 references for whom you have rendered preferably the similar services.

Note:

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). All envisaged travel costs must be included in the financial proposal. UNDP accept travel costs not exceeding of an economy class air ticket.

Please kindly refer to the Terms of Reference Annex I for detailed information on:

Project’s background;
Scope of work and Responsibilities;
Deliverables;
Requirements for Experience and Qualifications;

Evaluation of Proposals:

Individual consultants will be evaluated based on cumulative analysis and in line with the following evaluation criteria

Cumulative analysis: The award of the contract will be made to a consultant who offer has been evaluated and determined as:

Responsive/compliant/acceptable, and
Having received the highest score out of a pre-determined set of weighted technical and financial criteria:

Technical Criteria weight; [0.7].

Financial Criteria weight; [0.3].

Only a consultant obtaining a minimum of 70 points in the technical rating would be considered for the financial evaluation.

Note:

Any request for clarification must be sent in writing to the following e-mail: kazuo.fukuda@undp.org.

UNDP Lao PDR will respond in writing by standard electronic mail and will send written copies of the response, including an explanation of the query without identifying the source of inquiry, to all consultants.

The copies of the response will be also placed on our web-site at: http://www.la.undp.org/content/lao_pdr/en/home/operations/jobs/ and linked to the current Procurement Notice.

All interested candidates are encouraged to visit the above web-site for updates.

Please note that only short-listed candidates will be notified.

Qualified female candidates are strongly encouraged to apply.

For more detailed information about UNDP Lao PDR please visit our website at http://www.la.undp.org/lao_pdr/en/home.html.