Background

The Constitution of Ukraine was adopted in 1996. Since then, there have been a series of discussions and debates about reviewing and amending the text, and several attempts have been made to do so. In March 2015, a Constitutional Review Commission was established by a Presidential Decree, with the aim to develop proposals for amendments to be adopted by the Verkhovna Rada in the course of the year.

The review process of the current Constitution of Ukraine aims at amending certain parts of the existing Constitution of 1996, rather than writing an entirely new Constitution. The Constitutional Commission was established as a mixed advisory body, comprising MPs but also other representatives of society and legal experts, and will provide recommendations that will be reviewed and agreed by the Verkhovna Rada, after their submission by the President. The work of the Constitutional Commission is divided into thematic areas, each assigned to a Working Group. The three themes are (1) Decentralization and division of powers, (2) Judiciary and (3) Fundamental Rights and Freedoms. The three WGs are chaired by Rada Chairman Groysman (decentralization), Deputy Head of the Presidential Administration Filatov (judiciary) and former ECtHR judge Butkevych (HR). Although no formal decision has been made, there is a preference for separating the various amendments and discuss and adopt them consecutively, rather than as a single package. In terms of sequencing, the Commission will deal with decentralization first, followed by judicial reform. For the latter, a package of constitutional amendments is expected to be ready by early 2016.

In the view of the Government of Ukraine, a new legal framework for decentralization and local governance, including constitutional provisions, are needed as soon as possible to prepare for the regularly scheduled local elections to be held in October 2015. Relevant constitutional amendments have been discussed already in 2014 by the governing coalition, and a package of draft amendments prepared by the Government is already at a well-advanced stage. For the adoption of a constitutional amendment, the Verkhovna Rada must adopt three resolutions. First, a draft must be adopted by simple majority to be submitted to the Constitutional Court for review. Second, the final draft must be adopted in a regular session, followed by the adoption in a subsequent session by a two thirds majority of the total number of seats (300/450). (see Articles 154-159 of the Constitution of Ukraine). Judicial reform is similarly well-advanced in terms of concept and consultations. In the past a number of legislative changes have already taken place, but further, more systemic changes require a constitutional amendment. Advice and recommendations have been received from the Venice Commission on these issues. Drafting and consultative work on amendments or generally on the vision of reform (“Justice Sector Reform Strategy”) has already been undertaken by the Judicial Reform Council.

With regard to the implementation of any yet-to-be agreed constitutional amendments, it is essential to develop a ‘vision’ of change in Ukraine governance that resonates with the general public. For the time being, not much attention has been paid to planning for the transition from prior arrangements and implementation of constitutional amendments, in particular in the complex area of decentralization. At the same time, it is recognized that a smooth transition and an effective implementation is essential for the constitutional reform process as a ‘political project’, and will require significant efforts in terms of participation of relevant stakeholders and communication to the public and various stakeholders, especially with regard to decentralization. Many amendments will also require implementing legislation and a transition plan for administrative arrangements. Overall, and linked to this, a National Reform Council coordinates the reform agenda, which needs to be factored into the efforts aimed at supporting the Constitutional Commission.

In the framework of UNDP assistance to the Government of Ukraine it was agreed to provide targeted and flexible support to the constitutional reform process through expert assistance to secretariat functions, as well as assistance to the work of the Constitutional Commission of Ukraine. As a result of an official request a joint UN/UNDP constitutional support expert team was fielded in Ukraine between April 20 and April 26, which recommended a differentiated approach to providing targeted assistance in this regard. Accordingly, the focus of UNDP’s assistance in this regard will be on enabling the Constitutional Commission and its secretariat to design and implement an accessible, transparent inclusive process of public input, consultation and engagement.

It was recommended that UNDP work towards creation of a delivery unit (precise designation to be determined) that can help the Commission deliver on the President’s promise to ensure “broad public and professional discussion”. Such support would need to be negotiated with the Commission secretariat and leadership and coordinated by UNDP Ukraine’s democratic governance advisor. Support will need to be ramped up as needs are clarified and resources mobilised.

The first task of the delivery unit would be to develop a detailed and phased communication and engagement strategy to be validated by the Constitutional Reform Commission leadership. It is envisaged this would involve:

(1)           The appointment of three staff members (for communication, legal affairs and administrative officers)

(2)           The creation and management of a website to assure transparency of the process to the public, political actors, media, and civil society by providing –

•-             Information to the public about the Commission, including membership, biographies and contact details, activities, working groups, its regulations etc.

•-             General public access to materials that have informed the development of constitutional proposals over the past decade including expert and government reports; Venice Commission opinions; drafts of constitutional amendment; etc.

•-             An opportunity for experts, civil society organisations and the public to submit comments and ideas about potential drafts and the constitutional review

•-             Access to video recordings of commission and working group sessions and decisions

•-             Link ups to real-time micro-blogging, Facebook and Twitter activities of the commission and secretariat members

-              The mission recognises that any website will need to be underpinned by a robust security system to protect the integrity of the site and the communication and engagement approach from abuse.

(3)           The development of a strategy for public consultation on draft proposals on decentralisation after up to the submission to the President of Ukraine

(4)           The development of more extensive public consultation strategies for the Justice and Rights Working Groups to enable public participation as they develop proposals in accordance with the Commission regulations.

(5)           Presenting good practice seminars for advisors from the President and Speaker’s Offices on: (a) an overall communication strategy for all three stages of the constitutional review process; (b) other inclusive, participatory models from around the world; and (c) other successful justice and human rights reform programmes from relevant jurisdictions.

It is anticipated that the Justice and Human Rights related constitutional reform timelines will permit more public outreach, enabling the delivery unit to organise a more extensive programme including greater use of media and appropriate activities in the regions outside Kyiv with the support of UNDP nationally and internationally and other domestic and international actors.

Duties and Responsibilities

Under the guidance of UNDP Democratic Governance Programme Manager, the Consultant will provide expert support to the Constitutional Commission outreach and communication framework. In particular, the Consultant will provide the following services:

• Expert research on  the statistical, sociological and other data pertinent to the Constitutional Commission framework and Constitutional Reform;
• Preparation of the information and analytical materials when requested;
• Work with media, preparation of the  press-releases, news, information packages;
• Monitoring and analysis of the media messages on Constitutional reform and relevant topics;
• Organization and facilitation of the interviews with representatives of local self-governance bodies, MPs, relevant experts, civic activists and other stakeholders;
• Work with social media.

Deliverables

The deliverables and timeline are as follows:

Competencies

Ethics & Values:

• Demonstrates / Safeguards Ethics and Integrity;
• Demonstrates and promotes the highest standard of integrity, impartiality, fairness and incorruptibility in all matters affecting his/her work and status.

Organizational Awareness:

• Demonstrates corporate knowledge and sound judgment, in particular with regard to the political sensitivity, understands the structure and hierarchy of UN/UNDP, process flows throughout the organization, products and services, their measures of effectiveness, and perceptions of clients;
• Excellent knowledge of constitutional law of Ukraine, including constitutional history, and recent debates about amendments, constitutional court jurisprudence, and international legal dimensions of constitutional law, including the work of the Venice Commission and other relevant bodies;
• Excellent knowledge of the dimensions of gender equality and non-discrimination in legislative practice.
• Ability to provide sound and well-balanced legal advice in a concise form and a manner understandable to laymen and the general public.

Developing & Empowering People/Coaching and Mentoring:

• Self-development, initiative-taking;
• Takes appropriate risk in developing new or adapting existing methods and approaches to more effectively perform tasks or to solve problems in new and unique ways.

Working in Teams:

• Acting as a team player and facilitating team work; 
• Works collaboratively with colleagues inside UN/UNDP as well as its partners and other stakeholders to pursue common goals.

Communicating Information and Ideas:

• Facilitating and encouraging open communication in the team, communicating effectively;
• Delivers verbal/written information in a timely, clear, organized and easily understood manner;
• Excellent oral and written skills to develop knowledge products in these areas.

Self-Management & Emotional Intelligence:

• Creating synergies through self-control tolerates conditions of stress, uncertainty or ambiguity and continues to maintain a positive outlook and to work productively.

Conflict Management/Negotiating & Resolving Disagreements:

• Managing conflict;
• Remains calm, composed and patient, regardless of his/her own state of mind in the face of conflict.

Knowledge Sharing & Continuous Learning:

• Learning and sharing knowledge and encourage the learning of others;
• Demonstrates commitment to ongoing professional development and keeps abreast of new developments in his/her professional field.

Appropriate and Transparent Decision-making:

• Informed and transparent decision making; 
• Accepts responsibility and accountability for the quality of the outcome of his/her decisions.

Required Skills and Experience

Qualification/Required Skills and Experience

Education:

• Advanced university degree (minimum Master’s/Specialist level) in the field of journalism, social sciences or other relevant field.

Experience:

• At least 5 years of professional experience in mass media market of Ukraine (with good knowledge of  Ukrainian TV, radio and published mass media of Ukraine);
• Proven experience in working with international organizations will be an advantage.

Language:

• Proficiency in Ukrainian with advanced command of speaking and writing; knowledge of English would be an asset.

Location and management of Consultant

1. The consultancy is based in Kyiv, Ukraine;
2. The consultant will provide regular progress updates to the Advisor to the Speaker of the Verkhovna Rada under the overall supervision of the DG Programme Manager.

Payments

The consultant will be paid at a lump sum agreed with UNDP Ukraine. Payment will be released based on the deliverables:

Evaluation of Applicants

Individual consultants will be evaluated based on a cumulative analysis taking into consideration the combination of the applicants’ qualifications and financial proposal.

The application should contain:

• Cover letter explaining why you are the most suitable candidate for the advertised position and a brief methodology on how you will approach and conduct the work (if applicable). Please paste the letter into the "Resume and Motivation" section of the electronic application.
• Filled CV/P11 form including past experience in similar projects and contact details of referees. (P11 template can be downloaded from http://www.ua.undp.org/content/ukraine/en/home/operations/jobs/
• Financial Proposal* - specifying a total lump sum amount for the tasks specified in this announcement. The financial proposal shall include a breakdown of this lump sum amount (number of anticipated working days – in home office, etc.)

Financial proposal - Lump sum contract

The financial proposal shall specify a total lump sum amount, and sums pertinent to specific and measurable (qualitative and quantitative) deliverables. 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. 

Selection method: Desk review followed by a validation interview (if deems necessary).

Evaluation Criteria:

• Advanced university degree (minimum Master’s/Specialist level) in of journalism, social sciences or other relevant field - 30 max. points (PhD – 30 points, Master’s/Specialist  – 25 points);
• At least 5 years of professional experience in mass media market of Ukraine - 30 max. points (6 years and more – 30 points, 5 years – 25 points);
• Knowledge of Ukrainian, knowledge of English is an asset - 10 max. points (5 points -  Excellent Ukrainian; 10 points -  Excellent Ukrainian and English).

Evaluation method: - Cumulative analysis

Contract award shall be made to the incumbent whose offer has been evaluated and determined as:

• Responsive/compliant/acceptable; and
• Having received the cumulative highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation.

Technical Criteria weight: 70% / Financial Criteria weight: 30%

Only candidates obtaining a minimum 70% from the maximum available technical score (49 points) would be considered for the Financial Evaluation.

The maximum number of points assigned to the financial proposal is allocated to the lowest price proposal and will equal to 30. All other price proposals will be evaluated and assigned points, as per below formula:

30 points [max points available for financial part] x [lowest of all evaluated offered prices among responsive offers] / [evaluated price].

The proposal obtaining the overall cumulatively highest score after adding the score of the technical proposal and the financial proposal will be considered as the most compliant offer. After successful completion of the validation interview the offeror will be awarded a contract. 

Individual Consultants are responsible for ensuring they have vaccinations/inoculations when travelling to certain countries, as designated by the UN Medical Director. Consultants are also required to comply with the UN security directives set forth under dss.un.org

General Terms and conditions as well as other related documents can be found under: http://jobs.undp.org.

Please group all your documents into one (1) single PDF document as the system only allows to upload maximum one document.

Qualified women and members of minorities are encouraged to apply.

Due to a large number of applications we receive, we are able to inform only the successful candidates about the outcome or status of the selection process.

Incomplete applications will not be considered. Please make sure you have provided all requested materials.