Background

Project Title/Department: Rule of Law Partnership in Uzbekistan (ROL) Project

The United Nations Development Programme (UNDP) in cooperation with USAID CAR Mission in Uzbekistan implementing Rule of Law Partnership in Uzbekistan (ROL) project which has been launched in October 2014. The overarching goal of the Project is to strengthen public access to and trust in Uzbekistan’s civil court system.

The major objectives of the Project are:

  • (i) Increasing Court Responsiveness to Citizen Feedback on Civil Justice Administration through development of Institutional Mechanisms for Public Awareness Raising;
  • (ii) Enhancing the Knowledge and Technical Skills of Judges, Lawyers and Court Personnel; and
  • (iii) Improving Court Administration Systems and Performance. The Project works primarily with the Supreme Court of Uzbekistan, building on that institution’s political will and organizational capacity to build public trust and achieve greater alignment with internationally recognized standards of civil court’s accountability, rule of law and judicial performance. Project also builds partnerships with other important players in the area of promotion of rule of law in Uzbekistan, such as Higher Economic Court of the Republic of Uzbekistan, Ministry of Justice, Lawyers Training Center, Tashkent State Law University, Institute for Monitoring of acting legislation, etc.

The project’s first objective is in line with the constitutional right of each citizen for judicial protection of his rights and legal interests. It means that citizens are main users/customs of court system, especially civil courts services. An effectiveness, availability, affordability and convenience of due process should be in balance vis-à-vis citizens’ needs. That is why it requires a creation of mechanism, which allows increasing transparency and accessibility of information on judicial system activity, court responsiveness to citizens, accessibility of justice for all layers of population, execution of court decisions, etc. Taking into consideration citizens’ interests such a mechanism is to be developed not only by judicial system, but also by involvement into this process of representatives of scientific community, civil society, academic institutions, mass media and others. This will cause increasing of citizens’ trust to judicial system, its accessibility and transparency. However, such a mechanism must include complete cycle of preparation, data collection, including direct cooperation between judicial system and citizens (conduction of direct surveys on satisfaction), their handling and further usage for enhancement of judicial system and administration of courts.

As an initial step of the mechanism development the Project intends to study international best experiences of courts’ assessment with focuses on the existing methodologies (Project Annual Work Plan  for 2015, activity 1.1.4): (i) of measurement of rule of law; (ii) and of civil court user satisfaction surveys.

There are numerous indexes of measurement of rule of law focus on justice related concepts. The project’s purpose is to review the existing approaches. The value of the WJP’s Rule of Law Index also should be acknowledged. The review of international best practices, placed against national standards, will provide concrete recommendations for the Government of Uzbekistan in increasing court responsiveness to citizens, accessibility of justice and strengthening rule of law. Following evaluation questions should be addressed in the first part of the study: (i) which are the weaknesses and strengths of the different sources and methodologies of measuring rule of law? (ii) how existing methodologies of measuring of rule of law could be applied to the monitoring of the rule of law in Uzbekistan? (iii) are there additional/available methodologies which should be used? (iv) how could the Project assist Supreme Court of Uzbekistan to create its assessment approach on the subject of civil court performance measurement? (v) how can these tools be better integrated into the Supreme court activities?

Regarding the civil court user satisfaction surveys the TORs request to assess the comprehensiveness, availability and reliability of the identified and studied methodologies and tools and make recommendations as to whether the Uzbekistan’s civil judiciary system should use additional tools, how these tools should be combined and how they could be better integrated into Supreme Court’s activities. Following important aspects of the civil court user satisfaction surveys should be reflected in the study results: perception of the courts’ performance in terms of reception of the public; length of proceedings; cost; perception of the input of all those involved - first and foremost judges, lawyers and court staff. Also must be considered as the surveyed individuals might have won or lost their civil cases. Current TORs identify four evaluation questions: (i) which are the weaknesses and strengths of the different sources and methodologies? (ii) are there additional/available methodologies which should be used? (iii) how reliable and relevant are the available methodologies? (iv) how can these tools be better integrated into the Supreme Court activities?

For the purpose of studying international best experiences of courts’ assessment with focuses on the existing methodologies of measurement of rule of law and of civil court user satisfaction surveys the ROL Project is hiring an International Consultant on Foreign Experience Study of Courts’ Assessment. The International Consultant will be supported by national researcher under UNDP contract. Under the direct supervision of the Project Manager, International Consultant will be responsible for performing following tasks and provide following outputs.

Duties and Responsibilities

Prepare a work plan for the implementation of the assigned tasks – 2 days (home-based).

Design specific instruments to assess:

Existing international methodologies of (i) measurement of rule of law; (ii) civil court performance measurement; (iii) conduction of civil court user satisfaction surveys in terms of the indicated evaluation questions;

Existing legal and policy frameworks in Uzbekistan, and national practices regarding monitoring of the rule of law, civil court performance measurement, and civil court user satisfaction survey conduction – 5 days (home-based):

  • Conduct an assessment to analyze existing international methodologies of measurement of rule of law; civil court performance measurement; and conduction of civil court user satisfaction surveys in terms of the indicated evaluation questions – 7 days (home-based);
  • Conduct an assessment of national legal and policy frameworks, and existing practices regarding monitoring of the rule of law in Uzbekistan, civil court performance measurement, and civil court user satisfaction survey conduction - 6 days (home based/with travel to Tashkent, Uzbekistan);
  • Prepare an Assessment Report with clear and concrete suggestions and recommendations for the improvement of relevant laws, policies, procedures and practices regarding monitoring of the rule of law in Uzbekistan, civil court performance measurement, and civil court user satisfaction survey conduction – 5 days (home-based).

Competencies

Functional Competencies:

  • Strong communication skills, client-orientation, ability to work in a team;
  • Initiative, analytical judgment, ability to work under pressure, ethics and honesty;
  • Ability to use ICT as a tool and resources are required.

Required Skills and Experience

Education:

  • Advanced University Degree in Law/Public administration/Legal Studies.

Experience:

  • At least 7 years of progressively responsible management of judicial institutions, including experience as a court administrator;
  • Proven experience in quantitative and qualitative research in the areas of the assignment;
  • Proven up-to-date knowledge of international standards and practices in measurement of rule of law, civil court performance measurement and conduction civil court user satisfaction surveys (United Nations and European standards);
  • Demonstrated experience in the CAR region a strong asset;
  • Demonstrated capacity to analyze legal and policy documents and formulate legal and policy recommendations;
  • Capacity in Human Rights Based Approach, including gender-sensitive approaches

Language:

  • Excellent command of English, both oral and written;
  • Working command of Russian will be a strong asset

Documents to be included when submitting the proposals

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

Proposal:

  • Explaining why you are the most suitable for the work and providing proposal with samples of previous  work results;
  • P-11 form and Offeror’s Letter to UNDP Confirming Interest and Availability.

Applicants are required to fill and sign a P11 Form and Letter to UNDP Confirming Interest and Availability and submit it to the online application

Abovementioned documents can be obtained at  http://www.uz.undp.org/content/dam/uzbekistan/docs/Operations/Jobs/PH_form.doc

Application process:

To submit your application online, please follow the steps below:

  • Download and complete the UN Personal History Form (P11);
  • Merge your P11 and Proposal into a single file;
  • Click on the Job Title;
  • Click “Apply Now” button, fill in necessary information on the first page, and click “Submit Application”;
  • Upload your P11 form instead of CV.

You will receive an automatic response to your email confirming receipt of your application by the system.

Note:

  • Only shortlisted candidates will be asked to provide a financial proposal.

Financial Proposal

Lump sum contracts

This is a lump sum contract. The financial proposal shall specify a total lump sum amount. ). 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).

The payment will be made in two installments to be issued upon completion and submission of Performance Evaluation Form (PEF) on the works performed as indicated in the terms of reference:

  • First instalment of 50% will be paid after the successful submission and successful evaluation of the Outputs No.1, 2 and 3: May 13, 2015;
  • The second instalment 50% will be paid after the successful submission and successful evaluation of the Outputs No.4 and 5: June 23, 2015.

Travel:

All envisaged travel costs must be included in the financial proposal. This includes all travel to join duty station/repatriation travel. In general, UNDP does not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so using their own resources.

In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultant, prior to travel and will be reimbursed.

Evaluation

The individual consultants will be evaluated based on the Cumulative analysis methodology.

The award of the contract will be made to the individual consultant whose offer has been evaluated and determined as:

  • Responsive/compliant/acceptable;
  • Having received the highest score out of the set of weighted technical and financial criteria specific to the solicitation;
  • Technical Criteria weight – 70%;
  • Financial Criteria weight – 30%.

Only candidates obtaining a minimum of 49 points for the Technical Criteria will be considered for the Financial Evaluation.