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 Denmark. Danish 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 also be 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 Denmark 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 Denmark 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 Denmark 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 Denmark 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 Denmark Audit services / status vis-à-vis ISFs, Appointment of heads of inspections, Guidelines or standards for conducting inspections / publicity;
  • Oversight of Governors in Denmark such as governors role and mission, Assessing provincial heads of ISFs performance & quality of work, Inspection and Discipline;
  • Independent External Oversight Mechanisms in in Denmark;
  • 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 Denmark.

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 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.

Deliverables and Reporting

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

  • Submission of the tables - Tables on all the comparable criteria, considering legal framework but also practice - Home Based - 8 - 15.12.2014 - n/a;
  • Submission of a narrative part - A narrative part with (2-3 pages for each table) describing and explaining the content of each table - Home Based - 8 - 30.12.2014 - n/a;
  • Total Working Days - 16.
 

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 narrative part with (2-3 pages for each table) describing and explaining the content of each table’. The total working days might be lower than 16 days but cannot exceed 16 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

Education:

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

Experience:

  • At least 5 years of work experience;
  • Knowledge on criminal law;
  • Experience in police/ prosecution services will be an asset.

Language:

  • Fluency in English
  • Fluency in Danish

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 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 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.