UNDP Jobs - 65603- National Consultant to Support a Legal Environment

National Consultant to Support a Legal Environment Assessment for Sierra Leone’s National HIV Response

Location :

Freetown and Nationwide, SIERRA LEONE

Type of Contract :

Individual Contract

Starting Date :

Application Deadline :

30-May-16 (Midnight New York, USA)

Post Level :

National Consultant

Duration of Initial Contract :

40 days over 6 calendar months

Languages Required :

English

Expected Duration of Assignment :

40 days over 6 calendar months

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

In the ‘Political Declaration on HIV/AIDS’ (2011) and ‘Declaration of Commitments on HIV/AIDS’ (2006) governments committed themselves to protecting the human rights of people living with HIV, women and members of vulnerable populations.

In the 2011 ‘Political Declaration on HIV and AIDS: Intensifying our Efforts to Eliminate HIV/AIDS’ governments (including Sierra Leone) committed to review, as appropriate, laws and policies that adversely affect the successful, effective and equitable delivery of HIV prevention, treatment, care and support programmes to people living with and affected by HIV. The Declaration recognizes that a country’s legal environment—its laws and how they are implemented and enforced—plays a critical role in the national response to HIV.

To support governments to meet their commitments and targets relating to eliminating HIV stigma and discrimination and to create enabling legal environments, an independent Commission led by UNDP on behalf of the Joint UN Programme on HIV/AIDS (UNAIDS), developed actionable, evidence-informed and human-rights-based recommendations for effective HIV response. The findings of the Global Commission on HIV and the Law in its 2012 report, ‘HIV and the Law: Risks, Rights & Health’, found evidence of how protective legal environments improve the lives of people living with HIV and reduce vulnerability to infection. Across the globe it also found evidence of how stigma, discrimination, punitive laws, police violence and ineffective access to justice continue to fuel the HIV epidemic. The Global Commission’s report focused on five main areas: laws and practices that discriminate against people living with HIV; laws and practices that criminalize those living with and most vulnerable to HIV; laws and practices that sustain or mitigate violence and discrimination against women; laws and practices that facilitate or impede access to HIV-related treatment; and issues of law relating to children and young people in the context of HIV.

Following the Global Commission’s findings and recommendations, there is commitment to conduct a national Legal Environment Assessment (LEA) of laws, policies and practices that affect people living with HIV, key populations, women, youth and other population groups identified as critical for the national HIV response.

Sierra Leone has a stable HIV prevalence of 1.5 percent among its general population; however based on the 2010 Modes of Transmission (MoT) report, there are certain populations that are at higher risk of contracting and transmitting HIV. These populations are known as “key populations” (KP), and in Sierra Leone, these are Female Sex Workers (FSW), Men who have sex with men (MSM), People who inject drugs (PWID) and prisoners. The criminalization of their activities contributes to the group’s inability to access HIV-related services and to cases of human rights abuses.

A Population Size Estimation study was conducted in 2013 to estimate the number of members within each respective KP. The study estimated that there were roughly 180,000 – 300,000 FSW, 20,000 MSM, and 1,500 PWID and provided evidence that KPs do reside in Sierra Leone and require specific programs to prevent HIV transmission.

As the EVD outbreak continued in 2015 and struggled to get to a “Resilient Zero”, so too did the national AIDS response and its partners to remain resilient in ensuring the provision of treatment and care for its beneficiaries.

Since then, Sierra Leone has contextualized the fast track approach and aligned the?national targets to the global 90—90—90 targets for treatment, combination?prevention and successful suppression of the HIV virus in PLHIV. This means that the national AIDS response will be challenged to scale up its effort in order to provide treatment, care and support to the estimated 55,000 PLHIV nationwide and strengthen its efforts to prevent further transmission of ?HIV among key populations. The newly developed National AIDS?Strategic Plan 2016 – 2020 articulates the strategies for achieving these targets.

Duties and Responsibilities

Objective of the assignment

Sierra Leone is embarking on a national LEA to review laws, regulations and policies to establish if the present legal framework is complaint with international human rights law and ensures key protections for those affected by HIV. Furthermore, the LEA will identify access to justice and law enforcement in the context of HIV, possible stigma, discrimination, gender inequality, gender-based violence and possible human rights abuses affecting people living with HIV and key populations. ?The objective of this consultancy is to provide research, analytical, coordination, implementation and writing support throughout the process of the national LEA. ?

Scope of work

The LEA should cover:

A review of all international, regional and national human rights obligations and commitments, particularly those relevant in the context of HIV and AIDS;
A review of all relevant current or proposed national laws, including common law, statutory law, case law, customary law; regulations; policies and codes of conduct relevant to HIV and/ or to key populations;
A review of relevant strategies and planning documents relating to HIV, health and other key sectors and populations at higher risk of HIV exposure, including but not limited to national strategic plans on HIV, national gender strategies, national disability frameworks etc.; and
Research, reports and case studies relating to HIV-related legal and human rights issues, such as:
Stigma Index studies detailing the nature and extent of HIV-related stigma and discrimination;
Research, reports, submissions and case studies by civil society organizations—for example, on knowledge, attitudes and practices of communities, service providers, lawmakers and law enforcers; reports on stigma and discrimination, advocacy on HIV-related laws, access to justice and law enforcement issues within the country etc.;
Research and reports by statutory institutions (e.g. Human Rights Commission or Law Commission) on HIV, legal and human rights issues including the implementation and enforcement of laws and policies; and
Research and reports by international organizations (e.g. Human Rights Watch, UN organizations) on HIV, legal and human rights issues.

Duties and Responsibilities:

Under the direct supervision of the UNDP Health Advisor, and in close collaboration with the Access to Justice focal person, the consultant will be expected to perform the following key functions:
Facilitate the implementation of the LEA by liaising with the Technical Working Group; ?
Develop the inception report/concept note and the final report in partnership with the Technical Working Group and in consultation with key stakeholders; ?
Coordinate the implementation of the LEA with the Technical Working Group and involved key stake- holders by ensuring that their feedback is taken into account; ?
Conduct a desk review to examine all HIV-related laws and policies as well as other laws relevant in the context of HIV, human rights and public health; and ?
Conduct focus group discussions and stakeholder consultations.

The responsibilities of the consultant may include:

Implementing the national LEA in accordance with national priorities and recommended guidance, as a multi-disciplinary reference group; ?
Ensuring relevant approval is sought and achieved as required; ?
Overseeing the quality of the research process—for example, by ensuring informed consent and that due confidentiality is protected throughout every stage of the process; ?
Drafting the inception report, final report and other summary policy briefs or specific thematic briefs as required according to the accepted methodology; ?
Thoroughly referencing the sources of information (e.g. literature review materials, interviews etc.); Being responsive to the ongoing technical support from the Technical Working Group and peer review feedback throughout the process; ?
Reviewing and endorsing the LEA recommendations and supporting action planning to strengthen the legal and policy environment for HIV; ?
Reporting back on the outcomes of the process to key stakeholders; and ?
Collaborating in the process or forum for ongoing monitoring of the outcomes of the legal and policy framework, with the involvement of key stakeholders. ?

Deliverables and Timelines:

Based on the scope of work outlined above, the consultant will be expected to deliver the following outputs:

Planning stage :

A consultative planning workshop: A consultative process/dialogue involving a range of key stakeholders to discuss and finalize the purpose and scope of the LEA, key issues for priority focus during the LEA, suggested laws, regulations and policies to be included in the desk review, suggested stakeholders to be consulted during the review and the roles, responsibilities and composition of various partners in the process, including a participatory body to guide, support and oversee the review process.

Deliverable 1: Development of an inception report and detailed work plan

The inception report and work plan should clearly set out:

The process to be followed in the LEA;
Activities to be undertaken;
An inventory of laws, regulations, policies and other documents to be reviewed;
A list of key stakeholders/focus groups to be consulted;
Interview and focus group discussions tools/questionnaires;
Measures to be taken to protect the confidentiality of informants and focus group members, where necessary; and
A report of the consultative planning stage, where relevant.

Review stage:

A desk review of relevant international and regional commitments, national laws, regulations and policies as well as research reports, submissions and case studies relevant to HIV, law and human rights in the country.
Interviews, consultations, surveys, questionnaires and/or focus group discussions with key stakeholders from executive, legislative and judicial branches of government, civil society, religious organizations, traditional, religious and other community leaders, the private sector and international organizations, among others.

Deliverable 2: Desk study of the international and national HIV legal and human rights framework relevant for the LEA.

Based on the desk review, the lead consultant/researcher(s) should draft a report setting out:

A broad overview of HIV, law and human rights in the country, including the HIV epidemic; in- formation regarding key populations at higher risk of HIV exposure, and HIV, legal and human rights issues of concern such as: discrimination laws; women, HIV and the law; children, young people, HIV and the law; criminal law and HIV; and access to treatment;
The broader framework/standard set by international, regional and national human rights obligations as well as guidance and best practices on legal and policy responses to HIV; and
The current legal, regulatory and policy environment for responding to HIV and AIDS, with particular respect to key populations and key human rights issues and including a review of:
Protective laws, regulations, policies and programmes which support human rights and access to health in the context of HIV and AIDS;
Punitive laws, regulations and policies which pose barriers to human rights and access to health in the context of HIV and AIDS;
Gaps and weaknesses in the current legal, regulatory and policy framework; and
Recommendations for law review and reform, strengthening access to justice as well as ensuring enforcement of rights, to create an effective response to HIV and AIDS.

Deliverable 3: Development of a methodology, based on feedback from the Technical Working Group for data collection, including finalization of the form and process for ensuring informed consent and protecting confidentiality throughout the research process.

Deliverable 4: Short report on the key findings and recommendations from the stakeholder interviews, surveys, questionnaires and focus group discussions.

Deliverable 5: Consolidated LEA report:

The draft consolidated LEA report should include the results from the desk review and results from other methodologies (i.e. interviews, surveys, questionnaires, focus group discussions) that:

Assess the current legal and policy environment to respond to HIV and AIDS with a specific focus on issues and/or populations of priority concern such as: discrimination laws; women, HIV and the law; children, young people, HIV and the law; criminal law and HIV and access to treatment;
Identify strengths, weaknesses and gaps in the current legal and policy environment, including the extent to which the current environment complies with human rights obligations, addresses key issues and promotes universal access to HIV prevention, treatment, care and support; and
Make recommendations for strengthening the legal and policy environment in the country so as to ensure a response which complies with international, regional and national human rights obligations, address key human rights issues in the context of HIV and AIDS, including the rights of key populations, promote universal access, and balance public health and human rights imperatives.

Feedback and finalization stage:

A consultative validation stage to provide feedback and develop consensus on the draft findings and recommendations to all relevant stakeholders who participated in and are affected by the national legal review.
A dissemination process to disseminate the final national legal review report, to prioritize recommendations and to discuss key actions for moving forward.

Deliverable 6: Summary on the key issues/recommendations from the consultative workshop:

A short summary that sets out the outcome of the final consultation and peer review process with the Technical Working Group and key stakeholders on the draft findings and recommendations.

Deliverable 7: A final national legal review report:

Report that includes the finalized LEA results and based on the results of the final consultative process.

Deliverable 8: Communication, dissemination and impact strategy:

A short strategy to guide the communication, dissemination and potential impact of working with the results from the LEA. The final assessment process should also create mechanisms and processes to support further documents to ensure the uptake of recommendations made by the assessment—for example, advocacy and action plans or draft legislation.

Payment to the consultant will be made in 4 instalments upon satisfactory completion of the following deliverables:

1st Instalment: 10% upon review and approval of deliverable 1 by UNDP.
2nd Instalment: 20% upon review and approval of deliverables 2 and 3.
3rd Instalment: 30% upon review and approval of deliverables 4 and 5.
4th Instalment: 40% upon review and approval of deliverables 6, 7 and 8.

Competencies

Corporate Competencies

Demonstrates integrity by modelling the UN’s values and ethical standards.
Promotes the vision, mission, and strategic goals of UNDP.
Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability.
Treats all people fairly.

Functional Competencies

Professionalism:

Demonstrated problem-solving skills and judgment in applying technical expertise to resolve a wide range of complex issues/problems.
Knowledge of region or country of assignment, including the political, economic and social dimensions.
Demonstrated ability to complete in-depth studies and to formulate conclusions/recommendations. Demonstrates professional competence and mastery of subject matter.
Is conscientious and efficient in meeting commitments, observing deadlines and achieving results.

Results Orientation:

Displays initiative, sets challenging outputs for him/herself and willingly accepts new work assignments.
Ability to take responsibility for achieving agreed outputs within set deadlines and strives until successful outputs are achieved.
Identifies opportunities to bring forward and disseminate materials for advocacy work.

Team Work and Communication skills:

Excellent time management, monitoring and evaluation skills.
Openness to change and ability to receive/integrate feedback.
Creating and promoting enabling environment for open communication.
Demonstrates initiative and self-motivation to work independently, as well as, cooperative and collaborative spirit to work in a team.
Excellent interpersonal and communication skills.
Listens to others, correctly interprets messages from others and responds appropriately.

Planning and Organizing:

Develops clear goals that are consistent with agreed strategies.
Identifies priority activities and assignments.
Allocates appropriate amount of time and resources for completing work.
Foresees risks and allows for contingencies when planning.
Monitors and adjusts plans and actions as necessary.

Innovation and Marketing New Approaches

Consistently looks at experience critically, drawing lessons, and building them into the design of new approaches.
Identifies new approaches and promotes their use in other situations.
Documents successes and uses them to project a positive image.
Creates an environment that fosters innovation and innovative thinking.
Capacity to make fair and transparent decisions, and take calculated risks.

Organizational Learning and Knowledge Sharing

Advocates for innovative ideas documenting successes and building them into the design of new approaches.
Identifies new approaches and strategies that promote the use of tools and mechanisms.
Shares knowledge across the organization and building a culture of knowledge sharing and learning.
Knowledge of inter-disciplinary development issues.

Required Skills and Experience

t is essential that the successful candidate be considered free of any conflict of interest and neutral towards the issues being screened by the LEA process. S/he should also be acknowledged across government entities and civil society organizations.

Education:

The qualifications require a strong educational background (A Master’s degree) in law such as international law and/or human rights law, public health and HIV law.

Experience:

Advanced knowledge and work experience of assessing and developing legal, regulatory and policy frameworks to respond to health, in particular HIV and AIDS, is required; as is experience in conducting research, including developing interview and focus group discussion tools and conducting interviews, as well as desk research;
Minimum of 7 years professional experience in HIV, public health and/or law; and
Familiarity with the UN system and UNDP;
Knowledge of the Agenda for Prosperity and the governments priorities in terms of Health and HIV as well as key institutions involved;
In-depth knowledge of Sierra Leonean law and practice, including customary law;
Knowledge of public health policies and regulations pertaining to HIV;
Demonstrated experience from law research and drafting comprehensive analysis of legal framework and practice. Prior experience with the Sierra Leonean health legal framework specifically related to HIV and health will be considered an advantage; and
Prior experience with qualitative and quantitative data collection and analysis as well as good interview skills.

Language Requirements:

Fluency in oral and written English required.

How to Apply:

Qualified candidates are hereby requested to apply. The application must contain the following:

Brief letter of application;
Personal CV or P11, indicating relevant professional experience, as well as the contact details (email address and phone number) of at least three professional references;
Brief description of the proposed methodology for completing this assignment;
Financial proposal that indicates the all-inclusive fixed total contract price supported by a breakdown of costs;
Separate technical and financial proposals detailing understanding of the TOR, methodology and work plan.

Note:

The information in the breakdown of the offered lump sum amount provided by the offeror will be used as the basis for determining best value for money, and as reference for any amendments of the contract.
The agreed contract amount will remain fixed regardless of any factors causing an increase in the cost of any of the components in the breakdown that are not directly attributable to UNDP.
Approved local travel related to this assignment will be arranged and paid by UNDP Sierra Leone.
Applications will only be considered if they include ALL of the items listed above. Also note that this website only allows for one document to be uploaded, so please combine all of the abovementioned items into one single Word or PDF document before uploading.

Evaluation Criteria:

Offers received will be evaluated using a Combined Scoring method, where the qualifications and proposed methodology will be weighted 70%, and combined with the price offer, which will be weighted 30%. Only consultants obtaining a minimum of 49 points in the Technical Evaluation will be considered for the Financial Evaluation. Criteria to be used for rating the qualifications and methodology:

Technical evaluation criteria (total 70 points):

Professional qualifications and experience with respect to the TOR: 25 points.
Methodology of approach in accomplishing the consultancy: 45 points.

Financial evaluation (total 30 points):

All technically qualified proposals will be scored out 30 based on the formula provided below. The maximum points (30) will be assigned to the lowest financial proposal. All other proposals receive points according to the following formula: p = y (µ/z) where: p = points for the financial proposal being evaluated; y = maximum number of points for the financial proposal; µ = price of the lowest priced proposal; z = price of the proposal being evaluated.