Background

Background Information

“Development of legal capacity and institutional mechanisms” is developed as the second Phase of EU/UNDP/OHCHR Project, which strengthened the national capacity of Turkmenistan to promote and protect human rights. In this second Phase the focus will be on the application of the human rights knowledge acquired by officials in Phase I and the implementation of recommendations accepted by the Government of Turkmenistan during its 2013 UPR as well as other human rights treaty bodies. These cover many human rights spheres, with relevance for many government ministries and agencies.

The principal outcome of Phase II will be the GoT’s ability to credibly demonstrate, at its next UPR, the effective implementation of a broad range of accepted recommendations under the UPR and other human rights treaty bodies.

Four result areas contribute to the achievement of this overall objective in the Phase II:

  • 1) Revisiting and completing the NHRAP, which will include a specific focus on UPR implementation and be results-oriented, with clear reporting and implementation targets;
  • 2) Advocating for human rights through the NIDHR, awareness raising on human rights among officials and general public, and monitors implementation of human rights standards;
  • 3) Awareness raising of Turkmen institutions, relevant stakeholders and public of newly ratified international instruments, as well as selected thematic human rights issues;
  • 4) Providing assistance to the NIDHR in constitutional reform and learning about the best practices in the area of ombudsman.

One of the major achievements of the 1st and bridging phases of the Project was the development of the draft NHRAP on the basis of recommendations of UPR and UN Treaty Bodies as well as national plans, strategies and priorities. The main objectives of this Plan are to move human rights activities from the theory into the scope of practice and routine. Taking into account that significant amount of time has passed since the draft NHRAP was developed, the NIDHR has requested UNDPs assistance in reviewing and revising the draft before submitting it for the approval to the Government. NIDHR in particular requested the assistance of 2 international consultants who can work together with NIDHR, and complement each other to provide assistance in reviewing, revising, and completing the NHRAP.

Initially the Government planned to have a unified Human Rights Action Plan that would include the recommendations of the Convection on the Rights of the Child (CRC), Convention on Elimination of all Forms of Discrimination against Women (CEDAW), Convention on the Rights of People with Disabilities (CRPD), Convention on Elimination of all Forms of Racial Discrimination (CERD), Covenant on Civil and Political Rights (ICCPR), Covenant on Economic, Social and Cultural Rights (ICESCR), Convention against Torture (UNCT), recommendations made as the result of the Universal Periodic Review, and concluding observations of other treaty bodies. However, recently the Government decided to adopt a separate National Action Plan on Gender Equality that covers Turkmenistan’s obligations under the CEDAW, and plans to approve a separate action plan for implementation of the recommendations under CRC. In this context, the assignment under the current TOR will focus on the finalization of the National Human Rights Action Plan covering the obligations of Turkmenistan under all of the above-listed international instruments in the area of human rights except CRC and CEDAW. The assignment will also cover the development of the monitoring system for the NHRAP that will cover the obligations of Turkmenistan under the above-mentioned international instruments, with clear linkages to the monitoring of Turkmenistan’s obligations under CRC and CEDAW.

The monitoring mechanism under the NHRAP should contain clear indicators, targets, timeline for implementation, and identify parties responsible for implementation of its parts. The NHRAP should also clearly define the coordinating and leading role of the Institute of Democracy and Human Rights under the President of Turkmenistan, its mandate, authority, and responsibilities relating to the implementation of the NHRAP.

Considering the complexity and the large scope of the assignment, in consultation with the NIDHR it was decided to engage 2 international experts for the finalization of the NHRAP and development of its monitoring system.

Duties and Responsibilities

Duties and Responsibilities

Functions / Key Outputs Expected

In accordance with the above mentioned objective of the project and under the supervision of the Deputy Resident Representative, the International Consultant will work together with NIDHR and another consultant to produce the following Outputs:

Outputs:
In accordance with the duties listed above, the International Consultant is expected to deliver the following major products

  • In close consultations with the NIDHR and working together with another international expert, review concluding observations to Turkmenistan under Convention on the Rights of People with Disabilities (CRPD), Convention on Elimination of all Forms of Racial Discrimination (CERD), Covenant on Civil and Political Rights (ICCPR), Covenant on Economic, Social and Cultural Rights (ICESCR), Convention against Torture (UNCT), recommendations made as the result of the Universal Periodic Review, and concluding observations of other human rights treaty bodies;
  • In close consultations with the NIDHR and working together with another international expert, review and revise the existing draft NHRAPtaking into consideration the recent adoption by Turkmenistan of the separate National Action Plan on Gender Equality covering obligations of Turkmenistan under CEDAW and plans to adopt a separate action plan covering obligations of Turkmenistan under CRC. The revised NHRAP should not duplicate the obligations of Turkmenistan accepted under CRC and CEDAW;
  • Prepare the draft revised NHRAP that will include concrete actions, responsible parties, targets, and indicators. The NHRAP should specifically define the coordinating and leading role of the National Institute of Democracy and Human Rights regarding the implentation of the NHRAP and in relation to the other actors responsible for the implementation of the NHRAP and its components
  • After receiving comments from the national side, prepare the final draft NHRAP, and submit to NIDHR;
  • Together with NIDHR, design the monitoring system for the NHRAP that will define indicators, targets, timeline for implementation, and responsible parties. The monitoring system should cover the obligations of Turkmenistan under Convention on the Rights of People with Disabilities (CRPD), Convention on Elimination of all Forms of Racial Discrimination (CERD), Covenant on Civil and Political Rights (ICCPR), Covenant on Economic, Social and Cultural Rights (ICESCR), Convention against Torture (UNCT), recommendations made as the result of the Universal Periodic Review, as well as Convention on the Elimination of all Forms of Discrimination agaist Women (CEDAW), Convention on the Rights of the Child, and concluding observations of other treaty bodies;
  • Present the final draft NHRAP to the NIDHR, and finalize it in case there are further comments;
  • Prepare a Final report for the both assignments, including comprehensive description of the established Monitoring system.

Deliverables and timeframe:

Deliverable # 1

  • Preparation of the Draft NHRAP, which includes the mission to Turkmenistan to conduct consultations with NIDHR. Submission of the mission report to UNDP.

Location - Turkmenistan and home-based
Timeframe - 22 days total: 7 days mission and 15 days home-based

Deliverable # 2:

  • After receiving the comments from the national side, preparation of the final draft NHRAP and submission to the NIDHR.

Location - Home based

Timeframe - 5 days

Deliverable # 3:

  • Design the monitoring system for the NHRAP. This will include the Mission to Turkmenistan to present the finalized NHRAP and the design of the monitoring system to the NIDHR and other national ministries. Submission of the final report to UNDP.

Location - Home based and Turkmenistan
Timeframe - 13 days total: 6 days home-based and 7 days mission

Payment Conditions 
This is an installment-based contract that should cover the costs of consultancy required to produce the above deliverables. The final schedule of payments will be agreed upon in the beginning of consultancy.
Payment will be released in three installments: 30% (deliverable 1), 20 % (deliverable 2), 50% (for deliverable 3) – upon timely submission of respective deliverables and their acceptance by UNDP Turkmenistan.

Competencies

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.

Functional Competencies:

  • Good knowledge of and experience working with UN human rights mechanisms;
  • Excellent training, facilitation and communication skills;
  • Results driven, ability to work under pressure and to meet required deadlines;
  • Good understanding and practice of capacity development;
  • Diplomatic skills.

Required Skills and Experience

Education:

  • Advanced university degree in a relevant field, such as law, political science, international relations or a related field with a particular focus on human rights

Experience:

  • At least 7 years of working experience in capacity and institution building in the area of human rights, the experience in the development of the NHRAP is desirable;
  • Knowledge and experience of work in the CIS or Central Asia is an advantage;
  • Good knowledge of the UN mandate in the area of democratic governance is an asset.

Language:

  • Excellent written and spoken Russian;
  • Fluent English is highly desirable.

Submission of applications

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

Technical Proposal:

  • Letter to UNDP Confirming Interest and Availability for the Individual Contractor Assignment. Template of the form is given in Annex 2;
  • Cover letter explaining why they are the most suitable candidate for the assignment;
  • Provide a brief methodology on how you will approach and conduct the work;
  • Filled P11 form including past experience in similar projects and contact details of referees (blank form can be downloaded from http://europeandcis.undp.org/files/hrforms/P11_modified_for_SCs_and_ICs.doc; please upload the P11 instead of your CV.

Financial Proposal

The UNDP will enter into an Individual Contract based on a lump sum amounts. The financial proposal shall represent a detailed, justified and “all inclusive” amount.  In order to assist UNDP in the comparison of financial proposals, the financial proposal shall include a breakdown of this lump sum amount, including:

  • A daily fee for the tasks and an estimated duration as specified in this announcement
  • Travel (to and from the missions);
  • Per diems;
  • Any other possible costs (including vaccinations, dwelling, communication etc.).

Evaluation Criteria

Individual Consultants will be evaluated based on the following methodology:

Cumulative Analisys

When using this weighted scoring method, the award of the contract should be made to the individual consultant whose offer has been evaluated and determined as:

  • a) Responsive/ compliant; and
  • b) Having received the highest score - 100.

Out of the maximum score, the score for technical criteria equals 70% - maximum 70 points, and for financial criteria 30% - maximum 30 points.

The technical evaluation (70%, or max 70 points) will take into account the following as per the scoring provided:

  • Education – 5 pts;
  • Relevant working experience – 10 pts;
  • The experience in relation to the establishing and functioning of Monitoring systems of the NHRAPs – 20 pts;
  • Good knowledge of the UN mandate in the area of democratic governance – 5 pts;
  • Knowledge and experience of work in the CIS or Central Asia – 5 pts;
  • Fluency in Russian – 15 pts;
  • Fluency in English – 10 pts.

Financial proposal – 30% of total evaluation - max 30 pts

Only the highest ranked candidates who would be found qualified for the job will be considered for the Financial Evaluation.

Additional requirements for recommended contractor
       
Recommended contractors, if the travel is required, shall undergo a full medical examination including x-ray, and obtain medical clearance from the UN-approved doctor prior to taking up their assignment. The medical examination is to be cleared by the UN physicians, and shall be paid by the consultant.

Annexes:

  1. Annex 1 –General Terms and Conditions for Individual Contract
  2. Annex 2 - Letter to UNDP Confirming Interest and Availability for the Individual Contractor Assignment
  3. Annex 3 – P11 Form
  4. Annex 4 - Terms of Reference in Russian
  5. Annex 5 - Terms of Reference in English
  6. Annex 6 - Template of Individual Contract