Background

The project "Strengthening legal capacity and institutional mechanisms" is the second phase of the project aimed at assisting Turkmenistan in the field of human rights. The implementation of the first phase was supported by the EU, UNDP, and the Office of the UN High Commissioner for Human Rights. The first phase of the project was aimed at strengthening and promoting human rights in Turkmenistan. The second phase of the project is focused on applying knowledge of human rights, obtained in the first phase, and implement recommendations of human rights treaty bodies, committed to by Turkmenistan, including the recommendations of the Universal Periodic Review (UPR) and other treaty bodies. These recommendations cover various fields of human rights.

The final outcome of the second phase of the project is to enable the Government of Turkmenistan to demonstrate at the next UPR reporting the effective national implementation of a wide range of recommendations made by UPR and other human rights treaty bodies.

The project will focus on 4 areas, all of which will be directed towards a common goal of the second phase:

  • 1) Review and completion of the National Action Plan for Human Rights (NAPHR), which will focus on the implementation of UPR recommendations, and design a clear plan with goals, objectives and indicators;
  • 2) promotion of human rights through NIDHR, raising awareness of human rights among officials and the general public, and monitoring the implementation of standards in the field of human rights;
  • 3) Raising awareness of Turkmen institutions, stakeholders and general public regarding international treaties ratified by the country, as well as on specific thematic issues in the area of human rights;
  • 4) Provide assistance to the National Institute of Democracy and Human Rights (NIDHR) to undertake constitutional reforms and improve knowledge on best practices in the field of the Ombudsmanship.

One of the main achievements of the first phase of the project was draft of a project on NAPHR based on the recommendations of the UPR and other UN treaty bodies, as well as on the basis of national plans, strategies and priorities. The main purpose of NAPHR is to set a mechanism for transition from theoretical scope in the field of human rights to its practical implementation. NAPHR is expected to be completed by September 2015.

The main partner of the project in Turkmenistan is the National Institute for Democracy and Human Rights under the President of Turkmenistan (NIDHR). The Institute was founded in 1996.

It has the following structure:

  • Department on democracy and human rights,
  • Department on statehood and international relations,
  • Information-Analytical Center for Humanitarian Law;
  • Information and Consulting Centre for Human Rights,
  • The editorial board of "Democracy and Law" journal;
  • Administration and management;
  • Library.

Within the Department on democracy and protection of human rights there are three sections:

  • Section on democratization of the state and society,
  • Section on ensuring protection of human rights,
  • Section on analysis of applications and appeals of citizens.

In the Department on statehood and international relations there are three sections:

  • Section on improvement of activities of state bodies and public associations;
  • Section on analysis of existing legislation and comparative law;
  • Section of international relations.

As part of its mandate, the Institute undertakes research and provides human rights consultations to citizens. NIDHR also coordinates the work of the Interdepartmental Commission of Turkmenistan to ensure the compliance of international commitments of Turkmenistan in the field of human rights and international humanitarian laws, and is comprised of more than 20 ministries and state departments at the level of deputy ministers or heads of government agencies.

Given the extensive experience of UNDP in rendering assistance to national governments in the implementation of the national Offices of Ombudsman, NIDHR has approached UNDP with a request for obtaining information regarding existing best practices in the functioning of the ombudsman offices on human rights in various countries. This request by NIDHR was followed after Turkmen President Gurbandurdy Berdymuhamedov has made a call during the Cabinet of Ministers meeting at the beginning of this year. In this speech, President Berdymuhamedov, among other tasks, has set the task for ministries and state departments to consider the possibility of introducing in the country best-practices in the field of ombudsman for human rights. The President emphasized that this was particularly a relevant call in light of constitutional reform processes, which is currently taking place in Turkmenistan.

The present Terms of Reference set out the objectives and tasks assigned to the international consultant, who will be involved in counseling NIDHR on international best practices for introduction and implementation of the ombudsmanship, which exist in other countries.

Duties and Responsibilities

Functions and expected key results

In accordance with the aforementioned objectives of the project, under the direct supervision of the Deputy Resident Representative of UNDP in Turkmenistan, an international consultant will work with NIDHR aimed at achieving the following results:

The Results

Make presentation for NIDHR on international best practices in the field of introduction and functioning of the Ombudsman. The presentation should cover the following aspects:

  • How legal provisions on the structure, functions and operation of the ombudsman office are reflected in the legislations of other countries;
  • How does the structure of the Office Ombudsman look like in other countries;
  • What are the powers of the Ombudsman in other countries and what is the reporting system of the ombudsman.

Provide consultations to the National Institute of Democracy and Human Rights under the President of Turkmenistan in the following areas in respect to the Office of Ombudsman:

  • What legal provisions should definitely be established in the national legislation on the ombudsman, in order to comply with recognized international standards;
  • How do best practices of Offices of the Ombudsman may be best reflected in the revised Constitution of Turkmenistan?

The Results and timetable

Result 1:

2-day round table with a presentation of best practices in relation to the introduction and function of the Offices of Ombudsman in various countries around the world. This presentation will be a part of a 5-day mission of the international consultant to Turkmenistan.

Place of work: Turkmenistan. Number of days: 2 days.

Result 2:

1-day consultations with the National Institute for Democracy and Human Rights under the President of Turkmenistan on best practices with regard to the Office of Ombudsman. These consultations will be part of a 5-day mission of the international consultant to Turkmenistan.

Place of work: Turkmenistan. Number of days: 1 day.

Result 3:

Desk work to continue providing advice and making recommendations to the National Institute for Democracy and Human Rights under the President of Turkmenistan on the introduction of the Office of Ombudsman.

Place of work: Desk work. Number of days: 7 days.

Payment terms

Payments under the contract will be made by way of several payments / trenches which will cover the cost of consulting services upon reaching the above indicated results. Transportation, per diem, and the terminal expenses will be covered separately based on UNDP scales. The final schedule of payments will be agreed upon contract signing.

Payments will be made in two installments: 50% - for results 1 and 2, and 50% - for result 3, conditioned on the timely submission of the results to UNDP in Turkmenistan.

Competencies

Corporate Competencies:

  • Demonstrate commitment to the values and ethical standards of the United Nations;
  • Has a clear understanding of the mission and goals of UNDP;
  • Demonstrates the sensitivity and tolerance for cultural, gender, religious, racial and national peculiarities;
  • Demonstrates a high sense in the field of gender standards and is intolerant of sexual harassment.

Functional Competencies:

  • Knowledge and experience in working with UN agencies in the field of human rights mechanisms;
  • Excellent facilitation and debate skills with the audience;
  • Result-oriented, ability to work under high requirements;
  • Good understanding and experience in the field of capacity building;
  • Diplomacy skills.

Required Skills and Experience

Education:

  • Master's Degree in the relevant field of study, including: law, political science, international relations, or any other related fields, with a special focus on human rights.

Experience:

  • At least 5 years of experience in the development of institutional capacity in the field of human rights;
  • Unquestionable preference will be given to candidates with experience in the field of the Office of Ombudsman;
  • Preference will be given to candidates who are familiar with the national / regional context and with experience in the countries of Central Asia;
  • Preference will be given to candidates who are familiar with the UN mandate in the area of democratic governance;

Languages:

  • Excellent command of written and spoken Russian;
  • Preference will be given to candidates possessing, in addition to Russian, of English language.

Submission of applications

Interested candidates should submit the following documents to prove their qualifications:

  • Cover letter, in which the applicant must justify why he / she is the best candidate for the assignment;
  • Completed P11 form, which would include a description of previous experience of the candidate in similar projects, and contact information of individuals who are ready to make appropriate recommendations (form P11 can be downloaded from the website at http://europeandcis.undp.org/files/hrforms/P11_modified_for_SCs_and_ICs.doc). Please use the P11 form, and not a self-designed resume;
  • Financial Proposal: All applicants must submit a detailed and justified financial proposal with the references to (1) the daily rate for the assignment and within the timing scale indicated in the present TOR, and (2) any other expenses (including transportation costs, accommodation costs, the possibility of vaccination and etc.);
  • Letter to UNDP Confirming Interest and Availability for the Individual Contractor Assignment. Template of the form can be found at: http://www.tm.undp.org/content/turkmenistan/en/home/operations/jobs

Criteria for evaluation

Potential candidates will be evaluated on the basis of their technical competence and financial proposals. Maximum score is 100 points: technical criteria amounts to 70% of the final score of the candidate – with a maximum score of 70 points; financial proposal accounts to 30% of the final score – with a maximum score of 30 points.

Technical assessment (70%, or a maximum of 70 points) will be measured according to the following criteria:

  • Education - 5 points;
  • Relevant previous work experience - 10 points;
  • Experience in the area of Office of the Ombudsman - 15 points;
  • Good knowledge of the UN mandate in the area of ??democratic governance - 10 points;
  • The results of the interview - 10 points;
  • Knowledge of national / regional context and experience in the Central Asia countries - 5 points;
  • Russian language skills - 10 points;
  • English proficiency - 5 points.

The financial proposal will be assessed for up to 30% or a maximum of 30 points.

The applicants whose proposals get the highest score will be considered for this assignment.

Additional requirements to the selected consultants

Recommended candidates will be required to undergo a medical examination, including x-rays, and to submit a medical report from the UN recognized medical professional before commencing consultancy assignment. Medical certificate will have to be approved by the UN medical staff and should be covered by the consultant himself.

Terms of Reference in Russian language can be found at: http://procurement-notices.undp.org/view_notice.cfm?notice_id=21602.