Background

UNDP Turkey will support the Ministry of Interior of Turkey for "Improvement of Civilian Oversight of Internal Security" through an EU funded technical assistance project. The overall objective of the project is to structurally embed expanded enjoyment of civil rights by Turkish citizens and democratic control of internal security in the regulatory system and public administration practice of Turkey.

The specific objective of the Project is to contribute to the progress towards the overall objective spelled out above, the project aims at establishment of institutional and regulatory framework conditions for an effective oversight by the MoI of Internal Security Forces at the central and local level. The Project aims at making transition from narrowly conceived, bureaucratically and legalistically managed oversight of policing to a system of security sector governance based on human centered understanding of security and public safety and transparency in partnership with the civil society.

The project is composed of 3 components:

Component A - Legislative Framework: This component aims at enabling the Ministry of Interior and the public administrators (governors and sub governors) to exercise civilian oversight over law enforcement bodies.

Component B - Capacity Building: This component aims at increasing the capacity at the MoI to realize its mission as regards the administrative management of security forces at the central and local level and establishment of institutional structures needed in order to meet the EU standards for HR protection and for a strengthened civilian oversight.

Component C - Civil Society and Media: This component aims at contributing to strengthen independent oversight on law enforcement bodies and increase citizens participation in oversight.

Duties and Responsibilities

The overall objective of this assignment is to support the realization of Activity A.1 Benchmarking and review of the existing legislative framework and obstacles to exercise effective oversight functions over the law enforcement bodies and internal security bodies. International Short term expert will be responsible for making a Legal review in the field of internal security oversight in Portugal. Portugal police system will be a part of the book titles as The Governance and Oversight of Internal Security Forces which examines, evaluates and compares civilian oversight mechanisms in selected EU countries- namely France, UK, Spain and Turkey. The first chapter of this book titled as “Comparative Legal Appraisal” provides a cross-country study of regulations and a set of recommendations, which aimed at drafting secondary legislation.

Throughout this part, constitutional, parliamentary, judicial, hierarchical, different internal or external and oversight mechanisms of the three selected EU member states are compared to the situation in Turkey. Additionally, citizen and local authorities’ involvement in security policies and issues is the subject of discussion. The second chapter titled as “Guidelines and Recommendations” puts forward recommendations and guidelines derived from comparative studies as necessary steps to be taken by Turkey in the field of the civilian oversight.

The International Short Term Expert will support the realization of the Activity A.1 Benchmarking and review of the existing legislative framework and obstacles to exercise effective oversight functions over the law enforcement bodies and internal security bodies.

International Short Term Expert will be mainly responsible for filling all the proposed tables containing comparable criteria, considering legal framework but also practice which includes the following;

• Core constitutional oversight principles over ISFs in Portugal in terms of Constitution, supremacy of law asserted, restriction on supremacy of law, protection of free exercise of liberties, subordination to civilian authority, internal/external security definition and accountability of all administrations and forces;
• Oversight powers of Parliament in Portugal with regards to discussion and approval of state budget, national yearly plan submitted to Parliament, Parliamentary request of Information from government, Parliamentary inquiries /questions & interpellations, Parliamentary investigation committees, publicity of parliamentary investigation reports, Court of Accounts, remit of Court of Accounts, exception on control of security policy formulation bodies;
• Judicial Oversight Mechanisms in in Portugal including Courts functions and independence guaranteed in constitution, investigation procedures, Nature of restrictions to courts’ investigation powers, existence of Strong oversight powers over police investigators, Special accreditation for investigation officers, Assessment of investigating officers by public prosecutor, Restriction because of “national interests” and Administrative courts oversight;
• Structure, remits and oversight functions of Ministries of Interior in Portugal in terms of Territorial organization, Budgetary control of all ISF’s by MoI, Gendarmerie, Coast Guards, Head(s) of ISFs, Appointment of national police head and gendarmerie head, the profile of gendarmerie and police national head, Appointment/ dismissal of provincial heads, Policy formulation/ daily work orientation, Inspection / Sanctions, Specific gendarmerie academies / civilian professors, Representative of gov. at local level;
• Internal Oversight Mechanisms in Portugal Audit services / status vis-à-vis ISFs, Appointment of heads of inspections, Guidelines or standards for conducting inspections / publicity;
• Oversight of Governors in Portugal such as governors role and mission, Assessing provincial heads of ISFs performance & quality of work, Inspection and Discipline;
• Independent External Oversight Mechanisms in in Portugal;
• The mechanisms for citizen and local authorities engagement into security policies in Germany in terms of existence of municipal police, national councils, partnerships, local councils, legal status of consultation with population, integration of consultation into policing plans, national tools for examining citizen’s expectations and NGOs involved as think tanks in local security;
• Other relevant Legal Arrangements and Considerations in Relation to Civilian Oversight in Portugal.

The international short term expert is expected to submit the above criteria in a table format. The criteria stated above can be extended if required or deemed necessary.

The expert is expected to propose a new and improved table for comparing Parliaments for oversight of ISFs;

The expert will also be responsible for the production of a report describing the content of each table.

The short term expert is also assigned to prepare a report (with an executive summary) on legal review in the field of internal security oversight in Portugal including an overview of the Portugal legal and institutional system, administration of internal/public security in Portugal (authorities and agents), oversight mechanisms in the field of internal/public security.

Activity - Deliverable - Duty Station - No. of days to be invested (estimated) - Target Date - Payment*

• Submission of the tables and narratives - Tables and corresponding narrative sections on all the containing comparable criteria, considering legal framework but also practice - Home Based - 15 - 15.12.2014 - n/a
• Submission of a report - A comprehensive report with an executive summary on legal review in the field of internal security oversight in Portugal - Home Based - 15 - 30.12.2014 - %100

Total Working Days - 30

* The payment conditions indicated herein represents estimated working days to be invested for the particular activities. %100 of the payment will be made upon submission of the Deliverable namely ‘A comprehensive report with an executive summary on legal review in the field of internal security oversight in Portugal’. The total working days might be lower than 30 days but cannot exceed 30 days.

Competencies

• Ability to work in multi-disciplinary and multi-cultural teams;
• Ability to work under pressure against strict deadlines;
• Ability to think out-of-the-box;
• Ability to present complex issues persuasively and simply;
• Ability to contextualize global trends in accordance with the dynamics of the operating (working) environment;
• Ability to think strategically;
• Ability to think result oriented;
• Computer literacy and excellent report writing skills.

Required Skills and Experience

The expected qualifications of the expert are as follows; 

Education

• University degree in Law or Social Sciences;
• Higher degrees in Political Science or Law will be an asset

Experience

• At least 10 years of work experience;
• Research experience on oversight of security forces;
• Experience on Portugal Parliamentary system;
• Experience in working with government institutions will be an asset;
• Experience in working for international projects will be an asset;

Language

• Fluency in English;
• Fluency in Portuguese;

Notes  

• Internships (paid/unpaid) are not considered professional experience;
• Obligatory military service is not considered professional experience;
• Professional experience gained in an international setting is considered international experience;
• Experience gained prior to completion of undergraduate studies is not considered professional experience;
• Documents To Be Included When Submitting The Proposals.

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

Proposal

• Explaining why they are the most suitable for the work;
• Provide a brief note about the proposed approach and/or systematic to be followed for the achievement of the outputs of the Project;
• Personal CV including past experience in similar projects and at least 3 references.
• P11.

Financial Proposal

The candidates will be requested to submit ‘Financial Proposals’ upon completion of technical evaluation.

The financial proposals shall be submitted in UNDP’s standard format which will be communicated to successful candidates. The financial proposal shall specify the daily fee, travel expenses and per diems quoted in separate line items, and payments are made to the Individual Consultant based on the number of days worked

Payment

The International short-term experts will be paid in USD on the basis of the number of days invested for each deliverable, as approved by UNDP;

The International Short Term Experts shall be paid upon submission and approval of the above described deliverables. The Experts shall also prepare a timesheet that shows the number of days invested for each deliverable.

The amount paid shall be gross and inclusive of all associated costs such as social security, pension and income tax. Assignment-related travel and accommodation costs outside of home base will be borne by UNDP upon submission of documentation.

Evaluation

Applicants meeting the minimum requirements listed in the Terms of Reference will be short-listed and asked for price proposals. The selection of the Consultants will be made in accordance with the quality- cost based selection method (70 % technical component and 30% price component). Only short-listed candidates will be contacted.

For P11 (Personal History Form) please click http://www.tr.undp.org/content/dam/turkey/docs/operations/Jobs/P11_for_SCs_and_ICs.doc

Proposal should be email to ssa.proposal@undp.org.tr no later than 21 October 2014.

Any request for clarification must be sent in writing, or by standard electronic communication to the address or e-mail indicated above. UNDP will respond in writing or 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. Only short-listed candidates will be contacted.