Background

UNDP Turkey will support the Ministry of Interior of Turkey for "Improvement of Civilian Oversight of Internal Security" through a 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 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

Scope & Required Field of Specialization :

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 Germany. German 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.

Duties and Responsibilities of the Individual Consultant :

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 creation of a table containing information on the following:

  • Judicial oversight mechanisms in Germany in terms of courts functions and independence guaranteed in constitution, judicial court oversight, ISFs in investigation, nature of restrictions to courts’ investigation powers, strong oversight powers over police investigators, special accreditation for investigation officers, assessment of investigating officers by public prosecutor, restriction because of “national interests”, administrative courts oversight and good practices;
  • Independent external oversight mechanisms in Germany with regards to independent oversight bodies, defense of rights, focus on internal security forces independent mechanisms’ powers, personal data protection, prisons/ detention centers managed by ISFs, torture and human rights /minorities;
  • Other legal arrangements and considerations in relation to civilian oversight in Germany in terms of video surveillance laws/ mechanisms, right to collective interest representation, adopted code of ethics / date and European code of police ethics;
  • The international short term expert is expected to submit the above assignment in a table format;
  • The expert will also be responsible for the production of a set of narrative paragraphs (2-3 pages for each table) describing and explaining the content of each table;

The short term expert is expected to contribute to the joint report on legal review in the field of internal security oversight in Germany about:

  • Overview of the German legal and institutional system;
  • The administration of internal/public security in Germany (authorities and agents);
  • Oversight mechanisms in the field of internal/public security.

Deliverables and Reporting:

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

  • Submission of the tables and the report - Tables and corresponding narrative sections on Judicial oversight mechanisms, independent external oversight mechanisms and other legal arrangements and considerations in relation to civilian oversight in Germany - Ankara - 6 - 30.11.2014 - n/a;
  • Submission of a report - Input to joint report on Legal review in the field of internal security oversight in Germany - Ankara - 6 - 15.12.2014 - n/a;
  • Total Working Days - 12.

* 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 ‘Input to joint report on Legal review in the field of internal security oversight in Germany’. The total working days might be lower than 12 days but cannot exceed 12 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 good report writing skills.

Required Skills and Experience

Education:

  • University degree in Legal Sciences or Law.

Experience:

  • At least 10 years of work experience;
  • Knowledge of constitutional law;
  • Knowledge on police law will be an asset;
  • Experience in security related projects will be an asset.

 Language:

  • Fluency in English;
  • Fluency in German.

Reporting Line:

The consultant will be responsible to Inclusive Democratic Governance Programme Manager, under the direct supervision of the Chief Technical Advisor and Project Administrator of the Improvement of Civilian Oversight of Internal Security Sector Project Phase II for the completion of the tasks and duties.

Reporting Language:

The reporting language is English.

Title Rights:

The title rights, copyrights and all other rights whatsoever nature in any material produced under the provisions of this TORs will be vested exclusively in UNDP.

Timing Duration:

  • Contract Start Date: 10 November 2014;
  • Contract Completion Date: 24 January 2015;
  • Total expected w/d to be invested: 12 days.

Duty Station:

Duty station of the expert will be home-based.

Terms and Payment:

  • The international short-term expert will be hired under an Individual Contract (IC) or a Reimbursable Loan Agreement and be paid in USD upon submission and approval of the all deliverables listed above. The international short-term expert shall provide IC timesheet together with the deliverables in order to proceed with the payment;
  • The amount paid shall be gross and inclusive of all associated costs such as social security, pension and income tax. Duty station of the expert will be home based.

 Contracting Authority:

Contracting Authority for this Assignment is UNDP, and the contract amount will be provided through UNDP.

Contracting Modality:

IC – Individual Contract of UNDP;

Or

RLA- Reimbursable Loan Agreement.

Tax obligation:

The subscriber is solely responsible for all taxation or other assessments on any income derived from UNDP. UNDP will not make any withholding from payments for the purposes of income tax. UNDP is exempt from any liabilities regarding taxation and will not reimburse any such taxation to the subscriber.

Services and Facilities Provided by UNDP: n/a

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.

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 expert 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 Expert shall be paid upon submission and approval of the above described deliverables. The Expert 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. Duty station of the expert will be home based.

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 Consultant 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 26 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.