Background

United Nations Development Programme in Turkmenistan has been partnering with the Mejlis of Turkmenistan since 2007. The main areas of support in the framework of the project were:

• Assisting in the development of the capacity of the Parliament in the legislative process;
• Assisting in the development of local representative bodies and local authorities.

Currently, UNDP and Mejlis of Turkmenistan are implementing a joint project “Support for Parliament to strengthen the capacity of representative bodies in Turkmenistan”. This project was signed in 2014 and designed for a 3-year period (2014-2016).

In 2015, the Parliament of Turkmenistan has started to implement some of the new tasks assigned by the Government and the President of Turkmenistan. UNDP expressed its willingness to provide assistance to the Parliament in the implementation of these tasks. One of these tasks, which currently performs the Parliament - is the revision of the Constitution, another task - development and adoption of the Law of Turkmenistan on the Representative for Human Rights (Ombudsman). It is expected that the provisions on Ombudsman will also be included in the new edition of the Constitution. UNDP has already provided expertise on technical issues for the establishment of the Ombudsman institution in the country in June 2015 within the framework of support the Institute of Democracy and Human Rights under President of Turkmenistan. As part of the mission to Turkmenistan, the expert also held a round table for Turkmen MPs on international practices in the field of the Ombudsman. However, within this short activity it was not possible to present more broadly all details of this experience.

Recently during consultation with the Parliament, it was decided to invite international expert for broader coverage of issues related to the introduction of the law and the institution of the Ombudsman in the country, with particular emphasis on the legal aspects.

This Terms of Reference describes the aims and objectives of the international expert, who will be engaged to provide consultations to Parliament on international best practices of implementation of the ombudsman institution in different countries.

Duties and Responsibilities

In accordance with the abovementioned objectives, International Consultant will work under the supervision of UNDP Programme Specialist to achieve the following results.

Key Outputs and Deliverables Expected:

Conduct the presentation of international best practices in the field of introduction and functioning of the ombudsman institution for Members of Parliament of Turkmenistan. The presentation should be focused on the legal aspects and aspects of the institutional structure of the ombudsman institution, reflected in legislation and cover the following aspects:

• How the structure, functions and functioning of the ombudsman institution are reflected in the legislation of different countries, the Paris Principles of the Ombudsman Institution;
• The structure of the Ombudsman institution in various countries and reporting system of the institution;
• Review of procedures for obtaining the accreditation status of the law on ombudsman.

Provide consultations for Turkmen MPs on following issues:

• Which provisions should be reflected in legislation of the country in order to match the international standards of the Ombudsman Institution;
• How the best practices of the Ombudsman Institution can be reflected in the revised Constitution of Turkmenistan.

Deliverables and Timeframe:

Deliverable 1:

Prepare and submit to the Parliament and UNDP presentation and information materials describing at least 3 different examples of good practices in the field of Ombudsman Institution and the structure that reflected in the legislation.

Location:

Home based. Timeframe: 3 days.

Deliverable 2:

1-day round table with a presentation of best practices of establishing and functioning of the Ombudsman Institution. This presentation will be part of a 5-day mission to Turkmenistan.

Location:

Turkmenistan. Timeframe: 1 day.

Deliverable 3:

This result consists of two parts:

• Two-day consultations to the MPs who are directly working on the law on the Ombudsman. These consultations will be part of a 5-day mission to Turkmenistan;
• Prepare and submit to the UNDP report describing the mission, its results, and detailed description;
• Questions posed by the MPs during the round table and consultations; and
• Recommendations that expert presented to MPs during the round table and consultations.

Location:

Turkmenistan. Timeframe: 4 days.

Payment conditions

This is a lump-sum contract that should cover costs of consultancy required to produce the above deliverables. Payments under this contract will be linked to implementation of indicated results. The final schedule of payments will be agreed upon contract signing. Payments will be made in two installments: 50% - for results 1 and 2, 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 ?IS;
• Preference will be given to candidates who are familiar with the UN mandate in the area of democratic governance.

Language:

• Excellent written and spoken Russian;
• English is an asset.

Submission of applications

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

Technical Proposal:

• Cover letter, in which the applicant must justify why he / she is the best candidate for the assignment;
• Brief (1-2 pages) description of the methodology 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.).Template of the form can be found at: http://www.tm.undp.org/content/turkmenistan/en/home/operations/jobs .

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

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 - 10 points;
• Relevant working experience related to the preparation of the Core Documents - 20 points;
• Methodology - 10 points;
• Knowledge and experience of work in the countries of CIS – 15 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 consultant:

Recommended contractors aged 62 and older, and 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.