UNDP Jobs - 63490- International Consultant on Legislation and Rules

International Consultant on Legislation and Rules Regarding Whistleblowing and Protection of Whistleblowers

Location :

Chisinau

Type of Contract :

Individual Contract

Starting Date :

Application Deadline :

15-Feb-16 (Midnight New York, USA)

Post Level :

International Consultant

Duration of Initial Contract :

March-April 2016

Languages Required :

English

Expected Duration of Assignment :

March-April 2016

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence. UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

Background

Although corruption is a major challenge for a sustainable development in Moldova and fighting corruption is declared one of the main government priorities, Moldova lacks a comprehensive law on protection of whistleblowers, after an unsuccessful attempt to pass such a law in 2008.

The National Anti-corruption Strategy 2011-2015, currently in force, provides for the encouragement of the corruption disclosure, including strengthening the efficiency of hotlines by setting clear responsibilities of the employees regarding the hotline activity; creating mechanisms for not disclosing the identity and protecting the persons who report to the competent authorities regarding the potential acts of corruption; regulating the obligation of examining anonymous petitions which contain information about the alleged corruption acts, etc. One of the indicators for this measure included adopting of law regarding the protection of the informers.

In 2013, the ”Framework Regulation on Whistleblowers” was passed by the government. It envisages creating a system to provide civil servants with opportunities to report malpractice within public authorities and protect them from retaliation. Public servants may report acts of corruption and violation of conflict of interest and asset declaration procedures. Results of reporting are to be sent to the whistleblower within 30 days. The framework does not provide for legal protection for employees of private companies.

The framework requires all public authorities to set up internal regulation on whistleblowing. According to the Report of the Regional Anti-Corruption Initiative, 92 percent, corresponding to about 29 authorities, have adopted internal regulations. However, thus far, there is no system to track whistleblower reports. According to the same report, based on the communication with NAC, there is no mechanism to collect statistics of reports made to public institutions. The government does not track whistleblower cases reported according to the law on civil servants. [1]

According to the existing legislation, Law enforcement authorities have internal security departments to which people can report corruption. By 2009, nearly all central and many local public institutions had set up hotlines for reporting misconduct. In October 2013 a law passed, providing for the establishment of anti-corruption hotlines by public authorities at three levels: a free, 24-hour hotline managed by NAC; anti-corruption hotlines by public authorities and institutional information lines by public authorities. However, NGOs active in the field of anticorruption report certain drawbacks in functioning of anti-corruption hot lines.

According to the The Acton plan for the implementaton of the Justice Sector Reform Strategy for the years 2011 -2016, adopted as a precondition for signing the EU-Moldova Association Agreement, a national whistleblower system is envisaged to be set by 2016. It provides for strengthening the system of whistleblowing (inside and outside the system) by 2016 as a measure for the Strategic Direction of "Developing a culture of intolerance towards the phenomenon of corruption through selfgovernance bodies from the justice sector”. The measure includes developing a study on whistleblowing; developing and adopting a law on amending regulatory framework; creating and implementing the mechanism of functioning of wgistleblowing system.

Based on the aforementioned strategic documents and also priorities of the government program, NAC initiated drafting a comprehensive law on whistleblowing and protection of whistleblowers.

Strengthening the corruption prevention and analysis functions of the National Anticorruption Center (NAC) project implemented by UNDP in partnership with the NAC and funded by the Government of Norway, intends to engage an international consultant to provide analytical support and expertise to NAC in drafting a comprehensive law on whistleblowing and protection of whistleblowers and provide a two-days training on international standards and best practices in the field for the staff of the NAC Prevention Division.

http://rai-see.org/wp-content/uploads/2015/07/Whistleblower_Protection_in_SEE.pdf

Duties and Responsibilities

The main objective of the assignment is to offer consultancy to the National Anticorruption Center in drafting a comprehensive law on whistleblowing and protection of whistleblowers and provide a two-days training on international standards and best practices in the field for the staff of the NAC Prevention Division.

The assignment will consist of two missions. During the first mission the consultant will also provide a two-days training (4 hours per day) on international standards and best practices in the field for the staff of the NAC Prevention Division.

The consultancy will include:

Legal expertise:

Expertise of the draft law on whistleblowing drafted by NAC, against the best international practices in the field;
Assisting NAC in drafting the draft law and argumentation note to the draft law, based on a desk review of the relevant national; legislation and discussions with the main stakeholders;
Assisting NAC in presentation of the draft law to the main stakeholders, including public debates.

The expertise and recommendations will focus on:

Effective legislative framework and mechanism for offering the status of whistleblower and protection of whistleblowers;
Optimal institutional framework to insure protection of whistleblowers at all levels;
Optimal competences of the involved institutions;
Necessary technical assistance in setting up an efficient system.

Two-days training (4 hours each day) for NAC Prevention Division staff (20-25 persons) on international standards and best practices in the field of whistleblowing and protection of whistleblowers.

For detailed information, please refer to Terms of Reference and Procurement Notice at http://www.undp.md/jobs/current_jobs/

Competencies

Effective communication and strong analytical skills;
Initiative, creativity/ resourcefulness;
Proven commitment to the core values of the United Nations; in particular, is respectful of differences of culture, gender, religion, ethnicity, nationality, language, age, HIV status, disability, and sexual orientation, or other status responsibility;
Flexibility;
Punctuality.

Required Skills and Experience

Education:

Master’s Degree or equivalent (5-year university education) in Law, International Public Law or other relevant field.

Experience:

At least 5 years of Professional experience in the field of whistleblowing and protection of whistle-blowers;
Proven extensive knowledge on the subject of whistleblowing and best practices of the protection of whistleblowers;
Experience in working with anticorruption agencies/ judiciary/ prosecution and/or other relevant institutions will be a strong asset;
Extensive demonstrated experience in drafting strategic documents, legislation, other normative acts, related to whistleblowing;
Demonstrated international experience/consultancy in the field of whistleblowing;
Experience in conducting training sessions on international standards and practices in the field of whistleblowing;
Experience in implementing similar assignments in the newer EU Member or Candidate States or CIS region will be a strong asset;
Previous successful experience of working with UN agencies is an advantage.

Languages:

Knowledge of English;
Knowledge of Romanian or Russian languages will be an asset.

Initially, individual consultants will be long-listed based on the following minimum qualification criteria:

Master’s Degree or equivalent (5-year university education) in Law, International Public Law or other relevant field - maximum 25 points;
At least 5 years of Professional experience in the field of whistleblowing and protection of whistle-blowers - maximum 40 points;
Experience in working with anticorruption agencies/ judiciary/ prosecution and/or other relevant institutions will be a strong asset - maximum 25 points;
Demonstrated international experience/consultancy in the field of whistleblowing - maximum 30 points.

The first three candidates who passed short-listing evaluation criteria with the best score shall be invited for interview and pass cumulative analysis.

Cumulative analysis

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

Responsive/compliant/acceptable; and
Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation.
Technical evaluation (max 300 points) – 60%;
Financial evaluation (max 200 points) – 40%.

Only candidates obtaining a minimum of 70% score of the technical evaluation (at least 210 points) would be considered for the Financial Evaluation.

Interview:

Proven extensive knowledge on the subject of whistleblowing and best practices of the protection of whistleblowers - maximum 30 points;
Extensive demonstrated experience in drafting strategic documents, legislation, other normative acts, related to whistleblowing - maximum 40 points;
Experience in conducting training sessions on international standards and practices in the field of whistleblowing - maximum 35 points;
Experience in implementing similar assignments in the newer EU Member or Candidate States or CIS region will be a strong asset - maximum 20 points;
Effective communication and strong analytical skills - maximum 20 points;
Previous successful experience of working with UN agencies is an advantage - maximum 10 points;
Knowledge of English; knowledge of Romanian or Russian languages will be an asset - maximum 15 points;
Responsibility, capacity of collaboration and teamwork, flexibility, punctuality, initiative, creativity/ resourcefulness - maximum 10 points.