Background

Somalia Joint Rule of Law Programme

The Somali Compact lays out five Peacebuilding and State-Building Goals (PSGs) which focus on:

• Inclusive political processes;
• Security;
• Justice; and
• Economic foundations and revenue services.

The Somalia Joint Rule of Law Programme is designed to support the Federal Government of Somalia (FGS) in achieving the Somali Compact Peace-building and State-building Goals (PSGs) 2 Security (Policing component) and 3 Justice. Furthermore, the Programme supports the strengthening of the Somaliland Rule of Law system and is also aligned to the Somaliland Peace-building and State-building Goals reflected in the Somaliland Arrangements of the Compact. The Programme is founded on the Somalia Rule of Law Programme Priorities which were developed by the PSG 2 and 3 Working Groups and endorsed by the Somali Development and Reconstruction Facility (SDRF) Steering Committee on 31 August 2014 as a thematic priority for part of the initial funding pipeline for the UN Multi Partner Trust Fund (UN MPTF).

The Programme adopts the thematic approach of rule of law support to police, justice and corrections and builds on previous support provided to rule of law, including the ongoing support to the payment of police stipends.

In accordance with the United Nations Somalia Integrated Strategic Framework 2014 – 2016 signed on 29 October 2014 the programme also represents a joint approach by the United Nations Mission in Somalia (UNSOM) and the UN Country Team to strengthen collaboration, focus and coherence to support the implementation of the Somalia Rule of Law Programme Priorities. The  Programme involves nine UN partners, four participating UN Agencies in the Programme directly receiving funds (UNDP, UNICEF, UNODC, UNOPS); UNSOM involved in joint implementation and management, and joint implementation for specific activities (UNWOMEN, IOM, UNFPA and UNHCR).

In accordance with the Compact’s Special Arrangement for Somaliland separate work-plans for Police and Justice & Corrections and the associated results framework are included. UNDP Somalia works with the Joint Agencies, contributes to Somalia’s national priorities and is engaged at national and sub-national levels across all the priority areas. (For more information, refer to: http://www.so.undp.org/content/somalia/en/home.html)

Duties and Responsibilities

The objectives of the consultancy are to:

• Conduct an institutional capacity assessment of participating rule of law institutions which are supported by joint UN Rule of Law Programme.

The institutions include the following:

Federal level:

• Ministry of Justice;
• Attorney General’s Office;
• Judiciary (Supreme Court);
• Interim Juba Administration;
• Interim South West Administration;
• Custodial Corps;
• Prison Administration;
• Somali Lawyers Association.

Puntland:

• Ministry of Justice, Religious Affairs and Rehabilitation;
• Attorney General’s Office;
• Puntland Supreme Court.

Somaliland:

• Ministry of Justice and Judicial Affairs;
• Attorney’s General Office;
• Somaliland Lawyers’ Association.

Based on the capacity assessment findings and recommendations, to identify and develop realistic, feasible and time-bound capacity strategies that can be implemented over the initial stage (the first 18 months) and life of the Programme.

Scope of work

Under the overall supervision of the Programme Secretariat, the consultant will perform the following substantive duties and responsibilities:

• Prepare an inception report, covering the background, objectives, methodological approach, work plan and deliverables for presentation at inception workshop;
• Develop tools to conduct capacity assessment needs of participating institutions;
• Carry out a gaps analysis on the rule of law institutions’ structures, mandate, personnel and funding, relevant to the effective implementation of the Project with the view to develop their capacity;
• Conduct in-depth assessment of the capacity of the above mentioned participating institutions and their organs and identify capacity gaps; institutional development requirements; assess ability to strengthen relations with external stakeholders; assess inter-institution coordination capacity, assess its ability to foster its independence;
• Undertake broad RoL sector mapping to determine institutional arrangements, key actors and their inclusivity for programme implementation;
• Assess the capacity of the participating institutions to ensure accountability through prevention and enforcement, access to and use of information and work with the international community;
• Carry out an analysis on the capacity of the participating institutions to mainstream gender and human rights, and fully apply result based management principles;
• Assess institutional strategy, business processes, human resource management, information, equipment and communications technology of the participating institutions;
• Assess the relevance of professional and technical qualifications of professional and support staff;
• Provide recommendations on a framework to address the capacity gaps;
• Document the institutional capacity of the participating institutions which will include technical capacity and development strategy for members of staff.

Within the context of this assignment, the thematic area to be considered is the overall Rule of Law: justice, corrections and policing. In the assessment of the abovementioned capacities, the consultant will also take into account the “Micro Assessment exercises” conducted by UNDP between 2014 and 2015 to determine the overall risk rating and assurance activities of the same institutions. These exercises covered the following matter areas: funds flow; organizational structure and staffing, accounting policies and procedures, internal audit, financial audit, reporting and monitoring, information systems, and procurement.

Methodology:

• The consultant must describe how they will address/deliver the demands of the ToR; providing a detailed description of the essential performance characteristics, reporting conditions and quality assurance mechanisms that will be put in place, while demonstrating that the proposed methodology will be appropriate to the local conditions and context of the work;
• Facilitate the active engagement of all participating institutions in the capacity assessment and development process;
• Adopt a combination of participatory tools and methodologies (e.g desk research, self-assessment, stakeholder analysis, interview with key holders, comprehensive workshops with each ministry and review of functions, TORs, roles and responsibilities) and group facilitation techniques to promote participation and buy-in, understand current status and strategies (or lack thereof) for achieving future goals;
• Coordinate the work closely with UNDP and other Joint Programme agencies throughout the entire capacity assessment process.

Expected Outputs

The deliverables with corresponding days are as follows:

Deliverables & Activities                                                                                                                                              

• Desk review Conducted.Document review, Assessment design, methodology and detailed work plan.Home based - 5 days;
• Inception report finalized and submitted - The consultant will prepare an inception report which details the consultant’s understanding of the consultancy and how the assessment will be conducted. The report will be presented to the reference group at an inception meeting. This is to ensure that the consultant and the key stakeholders (participant institutions and Programme Secretariat of the Joint Rule of Law Programme) have a shared understanding of the Capacity Assessment. The inception report will include the assessment design, methodology, sample questions, data sources and collection analysis tool for each data source and the measure by which each question will be evaluated. The report will include the scope of work, plan of action, and time frame. The methodology must include clear instruments and procedures for rule of law sector mapping, institutional capacity development based on identified needs and gaps. Inception meeting will include initial briefing with relevant. In country - 7 days;
• Draft Report completed and submitted - The consultant will hold consultations and conduct capacity assessments with relevant institutions. Hold workshop to present findings and draft capacity assessment report: The consultant will prepare a draft capacity assessment report which will be presented at a validation workshop to be attended by the Programme Secretariat, representation from their agencies and participating institutions. The findings and a draft assessment report and capacity development strategy will be subjected to review and comments. (15 days);
• Preliminary data analysis, debriefing and presentation of draft Institutional Capacity Assessment Report. Validation workshop with reference group. In-country - 38 days;
• Final assessment report completed and submitted- Final data analysis, finalization of Institutional Capacity Assessment Report (analysis, strategy and action plan) incorporating additions and comments provided by all stakeholders and submission to UNDP. (Capacity Assessment Report Home-based);
• The final report which includes the capacity gaps analysis and capacity development strategy and action plan for prioritizing areas of collaboration will be submitted to UNDP in publishable quality.In Country/home based - 10 days;
• Total number of working days -  60 days.

Additional responsibilities:

• Document review;
• Developing and pre-testing the necessary data collection tools (to be presented in the Inception Report);
• Leading/managing the Capacity Assessment team through the Capacity Assessment phases;
• Deciding the division of labor, role and responsibilities within the consulting team;
• Ensuring the use of best practice Capacity Assessment methodologies;
• Leading the presentation of the draft Capacity Assessment findings and recommendations;
• Leading the drafting and finalization of the Capacity Assessment report, integrating comments received from stakeholders and partners;
• Drafting, finalizing and submitting the final Capacity Assessment report; and
• Quality control of the Capacity Assessment report.

Institutional Arrangement

The consultant will report directly to Programme Secretariat of the Joint Role of Law Programme.  Following initial discussions an inception report will be provided in the first week of the contract to establish agreements on any issues requiring clarification and the agreed-upon implementation strategy.Weekly updates will be provided to the Programme Secretariat detailing progress to date, challenges affecting implementation and suggested mitigation strategies or needs. A final report, including analysis of data indicating implications for assessing capacity of institutions broken down by location will be submitted in the last week of the contract.

Competencies

Core Competencies:

• Demonstrates integrity and fairness by modelling UN values and ethical standards;
• Demonstrates professional competence and is conscientious and efficient in meeting commitments, observing deadlines and achieving results;
• Display cultural, gender, nationality, religion and age sensitivity and adaptability;
• High sense of relational skills, including cultural, gender, religion, race, nationality and age sensitivity and adaptability, with a demonstrated ability to work in a multidisciplinary team.

Functional Competencies:

• Good knowledge and understanding of the UN system, familiarity with Joint Rule of Law Programme mandate an asset;
• Knowledge of issues concerning democratic governance, rule of law, access to justice, GBV and gender equality;
• Thorough knowledge of results-based management and strategic planning processes;
• Excellent facilitation and communication skills;
• Wide experience in quantitative and qualitative data collection methods and –analysis including surveys, focus group discussions, key informant interviews etc.;
• Ability to deal with multi-stakeholder groups;
• Ability to write focused Capacity Assessment reports;
• Willingness and ability to travel to the different project's sites in the country;
• Strong interpersonal and managerial skills;
• Ability to work with people from different backgrounds and evidence of delivering good quality Capacity Assessment and research products in a timely manner;
• Thorough understanding of key elements of result-based management/programming;
• Demonstrated capacity for strategic thinking and excellent analytical and writing skills;
• Initiative, ability to work independently, sound judgment and good interpersonal skills.

Required Skills and Experience

Education:

• At least an advanced university degree (Masters) in the field of law, human rights, political sciences or public administration and social science fields.

Experience:

• Minimum of eight years of accumulated experience in institutional Capacity Assessment, of which at least five years should be in international settings – preferably in post-conflict or fragile state contexts;
• Demonstrated managerial competence and experience in organizing, leading and coordinating multi-cultural technical assistance teams at the international level;
• Extensive experience and knowledge in conducting institutional capacity assessment;
• Strong substantive experience in at least one practice area of governance (governance, human rights, rule of law and justice);
• Extensive working experience in Africa;
• In-depth knowledge of gender issues in access to justice and rule of law and/or criminal justice sector;
• Have extensive experience in assessing national rule of law institutions preferably in the region;
• Possess in-depth understanding and knowledge of the South Sudan context;
• The consultant must have extensive experience in Capacity Assessment of Rule of Law Institutions, in-depth knowledge of access to justice and rule of law sector capacity building (ideally with a focus on the criminal justice chain) at national and sub-national levels, and preferably in “in-conflict” and post -conflict environments.

Language:

• Fluency in English with excellent oral, written, communication and reporting skills is required.

Evaluation criteria:

• Master’s degree in Law, Public Policy and Management, Public Administration, Development studies, International Development, or any other relevant social science degree (10% );
• Minimum of eight years of accumulated experience in institutional Capacity Assessment, of which at least five years should be in international settings – preferably in post-conflict or fragile state contexts; (20%);
• Good knowledge of the UN Capacity Assessment Framework, experience applying  Results Based Management Policies and Procedures, good knowledge of the UNDP DIM/NIM Guidelines and Procedures, knowledge of Result-Based Management, Capacity Assessment methodologies, knowledge of participatory monitoring approaches; experience applying SMART indicators and reconstructing or validating baseline scenarios, demonstrable analytical skills (15%);
• Adequate Methodology and work plan (Capacity Assessment techniques for gathering and analyzing gender sensitive qualitative and quantitative data) (30%);
• Good knowledge of Capacity Assessment of access to justice processes and rule of law institutions (preferably the criminal justice chain) (15%);
• Excellent English writing and communication skills (10%).

Scope of Bid Price and Schedule of Payments:

• Desk review Conducted;            
• Inception report approved (30%);
• Draft Report completed and submitted (40%);
• Final assessment report completed and submitted  and approved (30%).

Presentation of Proposal

Technical proposal:

• Duly accomplished Letter of Confirmation of Interest and Availability;
• Personal CV & P11, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Candidates and at least three (3) professional references indicating the last experience in the domain;
• Brief description of why the individual considers him/herself as the most suitable for the assignment, and a methodology on how they will approach and complete the assignment;
• Qualification documents of the consultant. These include certified degrees and certificates;
• A detailed clear methodology will be applied to make the Capacity Assessment more successful and the planning of activities which will be followed during this Capacity Assessment exercise. The consultant wishing to submit his/her offer must note that this is the crucial part of his/her offer;
• At least 3 certificates of good completion of similar tasks. Note: any certificate without the client’s name, address, stamp and signature will not be accepted; and
• Any other document deemed relevant to this consultancy service.

Financial proposal

A Financial Proposal must be submitted that indicates the all-inclusive fixed total contract price supported by a breakdown of costs as per documents provided in the link below. The Offeror must indicate this at this point, and ensure that all such costs are duly incorporated in the financial proposal submitted to UNDP.

Application Process

Qualified candidates are requested to apply by the 17 August 2015 by sending their application including their Financial proposal.

The application should contain:

• Letter of interest and availability using the standard template;
• 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;
• Filled P11 & CV including past experience in similar projects and contact details of referees;
• 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 and on mission, travel – international and local, per diems and any other possible costs). Please use form attached in the following link; https://www.dropbox.com/sh/k5d0571c5srmhwp/AAB7MVwH0OMBfQ6yMxQ_DUrOa?oref=e&n=303756330

Criteria for selection of the consultant

• The offer will be evaluated by using the Best value for money approach (combined scoring method). Technical proposal will be evaluated on 70%. Whereas budget proposed will be evaluated on 30% based on sufficiency for applying the data gathering techniques and for obtaining reliable data for the Capacity Assessment in the timeframe indicated.