UNDP Jobs - 51882- International Consultant On Supporting the Draft P

International Consultant On Supporting the Draft Process of the Penal Code in Lao PDR

Location :

Vientiane Capital, LAO PDR

Type of Contract :

Individual Contract

Starting Date :

23-Dec-2014

Application Deadline :

10-Dec-14 (Midnight New York, USA)

Post Level :

International Consultant

Duration of Initial Contract :

55 working days

Languages Required :

English

Expected Duration of Assignment :

55 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.

This consultancy will be specifically related to supporting the process of drafting the penal code under output 1 and may require to work with other aspects of legal drafting which fall within the work related to output 1.

Duties and Responsibilities

The expert is expected to explore similar global practices and identify the most suited model/ structure for Lao PDR.

The consultant will be expected to work closely with all the three working groups on the penal code constituted by the government. The three groups have been allocated specific sectors of the penal code as indicated below:

Group 1 – Part 1 of the penal code covering general provisions
Group 2 – Part 2 of the penal code covering special provisions chapters 1- 6
Group 3 – Part 2 of the penal code covering special provisions chapters 7- 12.

More specifically the expert is expected to:

Provide an outline for the overall structure and style of the penal code;
Provide technical guidance in the complete drafting process related to the penal code;
Support government officials to examine the practical aspects of all sections/ articles in the penal code based on a baseline assessment conducted on the existing penal law;
Identify any inconsistency/ies and or gap/s of the draft penal code vis-a-vis the international human rights and criminal law normative frameworks and provide feedback to the government officials;
Prepare draft briefing notes and summary reports on all consultations held with different stakeholders and promptly submit same to the relevant government officials, secretariat and UNDP;
Advise on priority actions to facilitate the roll-out of the penal code.

The expert may propose associates to fulfil their duties as a team but shall ensure at all times supervision, coordination and coherence of the deliverables.

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:

Master’s degree in Law with a specialization on criminal law.

Experience:

At least 10 years of specialization in criminal law with extensive experience in legal drafting;
Experience in working with governments and institutions;
Experience in developing and/or revising penal and/or civil codes in civil law countries;
Strong research experience in the applications of criminal laws;
Excellent knowledge of civil law systems, including in-depth knowledge of the French Penal Code, the legal framework of France having had historic influence on the Lao legal system;
Demonstrated flexibility, adaptability and understanding in taking on consultancy for development projects;
Familiarity with the country or the region an asset.

Languages:

Excellent command of written and spoken English;
Knowledge of Lao language (spoken and/or written) an advantage.

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 50 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 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:

TOR (Annex I)
Individual Contract & General Terms and Conditions (Annex II);
Offeror's Letter to UNDP Confirming Interrest 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 Confirming Interrest and Availability";
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/deliverable;
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.