Background

UNDP Global Mission Statement:

UNDP is the UN’s global development network, an organization advocating for change and connecting countries to knowledge, experience and resources to help people build a better life. We are on the ground in 166 countries, working with national counterparts on their own solutions to global and national development challenges.

UNDP Afghanistan Mission Statement:

UNDP Afghanistan is supporting the Government to find innovative solutions to its development challenges based on the Country Programme Document approved by the Executive Board for the period 2015 – 2019.  Key priority areas for UNDP assistance are strengthening accountable governance, justice and rule of law, equitable and inclusive development, and social equity, with special attention to women. UNDP Afghanistan seeks to achieve transformational change in an environment of high complexity and insecurity. Conflict sensitivity is applied throughout the programme, and is mainstreamed in all projects. Political, economic, and conflict analysis of the provinces where UNDP works will be undertaken through UNDP’s regional hubs at the sub-national level. This will have to be accompanied by greater use of national systems, focus on capacity development instead of capacity substitution and helping to phase out parallel structures, and strengthen approaches to regionalization.

Organizational Context

The Afghanistan Access to Justice (AA2J) has been designed as a successor project to the Justice and Human Rights in Afghanistan (JHRA) project, which had operated since 2009. AA2J builds on the achievements and lessons learned from JHRA, and was designed in close consultation with all relevant stakeholders from the Afghan Justice and Rule of Law sector. The project has 3 outcome areas:

• Legal aid and awareness;

• Justice sector coordination with a particular focus on the Elimination of Violence Against Women (EVAW);

• Capacity development for the Ministry of Justice, particularly as regards human rights and legislative drafting.

By strengthening the institutional capacity of the Ministry of Justice; supporting enhanced coordination and cooperation between rule of law institutions, particularly focusing on the elimination of violence against women and through the provision of legal aid by the Legal Aid Grant Facility, the project will contribute to increased access to justice for target groups, including women, children and detainees in selected provinces and at district level in Afghanistan.

The project contributes directly to the targets of the broader Rule of Law and Human Security (ROLHS) portfolio. However, there is scope for further alignment of the AA2J project with the Law and Order Trust Fund for Afghanistan (LOTFA), which should reinforce the overall impact of the ROLHS programme. Increased synergies between AA2J and LOTFA could result in more stable resource mobilization for UNDP’s engagement in access to justice and a better integration of the police into the broader rule of law sector in Afghanistan. To this end, this consultancy intends to coordinate a reprogramming effort for UNDP’s access to justice and rule of law portfolio in Afghanistan.

Under the direct supervision of the Chief of the Rule of Law and Human Security (ROLHS) Unit and in close coordination with the AA2J Project Manager, the Senior Consultant for Access to Justice and Rule of Law Programming acts as the main substantive advisor of the AA2J project and ROLHS Unit on access to justice and rule of law. S/he is responsible for provision and coordination of all policy support activities in AA2J and provides technical advice on quality interventions, programmatic priorities and alignment with Government initiatives and priorities. S/he provides strategic advice to UNDP in the access to justice and rule of law programme area and links AA2J and UNDP to knowledge networks.

The Senior Consultant for Access to Justice and Rule of Law Programming works closely with AA2J and ROLHS project and programme teams, UNDP Country Office (CO) and a wide range of actors, such as Government institutions, Non-Governmental Organizations (NGOs), the international community and experts networks. S/he leads, as applicable, a team of technical international and national staff and consultants.

Duties and Responsibilities

Scope of Work and Deliverables:

The overall objective of this assignment is to provide strategic guidance to UNDP on access to justice and rule of law programming. The key objective of this assignment is to position UNDP more strongly amongst the international community on access to justice and rule of law issues. While UNDP through its MOIA and Police Development (MPD) and Support to Payroll Management (SPM) projects under the framework of LOTFA is well positioned in supporting the police, there is potential for UNDP to expand its support to other justice and rule of law institutions, making UNDP a lead actor to comprehensively support Afghanistan in developing the capacity of the justice and rule of law institutions, increasing access to justice for vulnerable groups and women, as well as expanding work to community level. One of the tools for identification of potential areas for support is the conducting of a Rule of Law and Access to Justice Baseline Perception Survey that would enable UNDP to develop new programme interventions on rule of law and access to justice.

The senior consultant for access to justice and rule of law is expected to take a leading role in the following four dimensions:

• Strategic advice on A2J and ROL programming;

• Partnerships and resource mobilization;

• Coordinate the conducting of a Baseline Perception Survey for A2J-RoL;

• Technical assistance to AA2J implementation in line with expansion of programmatic priorities.

The specific tasks shall include the following:

Strategic advice on A2J and ROL programming

• In coordination with CO Senior Management, ROLHS unit and AA2J team, identify new project opportunities, as well as non-project modalities for delivering policy advisory services as well as development support services to national counterparts;

• Lead UNDP’s policy-driven advice and technical assistance in strategic areas on access to justice and rule of law; and deliver technical advice to national counterparts, on demand;
• Monitor the national policy-agenda, specifically the justice and judicial reform processes within the scope of the AA2J project, ensuring that project´s policy support remains relevant and timely;
• Conceptualize and formulate policy-related discussion and position papers, policy proposals and concepts for internal and external discussions within UNDP and with partners and other Project stakeholders;
• Plan and coordinate provision of project advisory services;
• Define scope of work and develop ToRs, identify and select technical experts to support implementation of key activities in line with the project Annual Work Plan;
• Lead implementation of advisory activities ensuring the highest technical standards, including the team of experts as applicable, in close collaboration with Project Manager, UNDP CO and national and international counterparts;
• Actively analyze developments in the area of work and establish links between country priorities, positions of the international community and Project (and UNDP) strategies in the area of work.

Coordinate the conducting of a Baseline Perception Survey for A2J-RoL

• Develop TOR and strategy for the survey, defining conditions that guarantee access to communities (including conflict-affected communities);

• Ensure the survey methodology meets corporate requirements such as a human rights based approach, targeting of vulnerable groups, and gender mainstreaming;

• Prepare RFP and contracting documents;

• Coordinate the Survey implementation with the contracted vendor;

• Design access to justice and ROL programme entry points based on the findings.

Partnerships and resource mobilization

• Identify opportunities for collaboration within the UN system within the area of work in coordination with UNDP CO;
• Analysis, research, and preparation of substantive briefs on possible areas of development cooperation, identification of opportunities for initiation of new projects;
• Contribute to development and drafting of substantive and thematic papers, reports and publications for the Project.
• Identify and develop proposals for new strategic initiatives in the Project´s scope of work, develop inputs to proposals for resource mobilization as requested;
• Actively communicate Project´s results and impact to partners, donors and stakeholders;
• Contribute to project level technical working groups and coordination meetings;
• Consolidation of inputs for reporting and formulation of coherent narratives, including donor reporting.
• Active contribution to the overall office effort in resource mobilization.

Technical assistance to AA2J implementation in line with expansion of programmatic priorities

• Ensure that activities in support of policy support such workshops; training events; study tours or reports and assessments are delivered timely and up to the required technical standards;
• Contribute to enhancing Project´s performance by proposing alternative and/or new approaches towards achievement of Project´s results;
• Participate in, and provide conceptual and written inputs, to project planning processes such as AWP, implementation, HR, procurement and communications planning.

Expected Outputs and Deliverables; estimated duration to complete and payment percentage (all deliverables are subject to approval by the Chief Rule of Law and Human Security):

First deliverable: 22 working days, 16%

• Develop inception report, outlining the methodology for this assignment, working arrangements and action plan;
  Interim arrangements for project management to ensure continuity in project management and implementation;
  Develop and agree on a monthly progress reporting template with Chief ROLHS, which should cover all four dimensions defined in the scope of work;
  Develop TOR for Baseline Perception Survey;
  Develop outline for Access to Justice reprogramming road map.

Second deliverable: 22 working days, 16%

• Interim arrangements for project management to ensure continuity in project management and implementation;

• Submit monthly progress report.

Third deliverable: 22 working days, 16%

• Submit monthly progress report;

• Any other documents as required by Chief Rule of Law and Human Security.

Fourth deliverable: 22 working days, 16%

• Submit monthly progress report;

• Any other documents as required by Chief Rule of Law and Human Security.

Fifth deliverable: 22 working days, 16%

• Submit monthly progress report;

• Any other documents as required by Chief Rule of Law and Human Security.

Sixth deliverable: 22 working days, 20%

• Submission and acceptance of final progress report including recommendations for further work as deemed necessary;

  Any other documents as required by Chief of Rule of Law and Human Security.

Payment modality

Payments under the contract shall be delivery based and be made on receipt of the specific milestone reports indicated above, including a timesheet according to UNDP procurement formats for individual contractors. These shall be as indicated above, and shall be deemed delivered upon the approval of the Chief Rule of Law and Human Security Unit. The final payment shall be released upon satisfactorily completion of all deliverables and acceptance of the final report by the Chief Rule of Law and Human Security Unit.

Competencies

Corporate Competencies:

• Demonstrates integrity by modeling the UN’s values and ethical standards;
• Promotes the vision, mission, and strategic goals of UNDP;
• Maturity combined with tact and diplomacy;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Treats all people fairly without favoritism;
• Shares knowledge across the organisation and builds a culture of knowledge sharing and learning.

Functional Competencies:

Expert knowledge of access to justice and rule of law

• Possesses expert knowledge of advance concepts in primary discipline, a broad knowledge of related disciplines and in-depth knowledge of relevant organizational policies and procedures;

• Applies knowledge to support the Project´s objectives and to further the mandate of UNDP;

• Keeps abreast of new developments in the area of professional discipline and job knowledge and seeks to develop him/herself;

• Demonstrates comprehensive knowledge of information technology and applies it in work assignments;

• Demonstrates expert knowledge of the current programme guidelines and project management tools and manages the use of these regularly in work assignments.

Conceptual innovation in the provision of technical expertise

• Conducts programme assessment to improve development of models and methodologies;

• Designs policy models to support comprehensive interventions linking UNDP´s policy objectives to programme delivery and capacity development objectives;

• Ensures that the design of policies are appropriate to country social and development context;

• Demonstrates the ability to engage development partners at all levels in conceptual and methodological innovation that is pertinent to the context.

Advancing a policy-oriented agenda

• Advocates for inclusion of UNDP´s focus areas in the public policy agenda;

• Brings visibility and sensitizes decision makers to relevant emerging issues;

• Builds consensus concerning UNDP´s strategic agenda with partners on joint initiatives;

• Leverage UNDP´s multidisciplinary expertise to influence policies and programmes;

• Demonstrates political/cultural acumen in proposing technical sound, fact-based solutions/approaches;

• Dialogues with national counterparts and other stakeholders to strengthen advocacy efforts, incorporating country, regional and global perspectives;

• Demonstrates cultural sensitivity, political savvy and intellectual capacity in handling disagreements in order to promote and position UNDP in complex environments.

Special skills requirements:

• Focuses on impact and result and responds positively to feedback;
• Demonstrates openness to change and ability to manage complexities;
• Consistently approaches work with energy and a positive, constructive attitude;
• Ability to work collaboratively with colleagues in a multi-cultural and multiethnic environment;
• Builds strong relationships with national and international counterparts;
• Remains calm, in control and good humored even under pressure;
• Demonstrates openness to change and ability to manage complexities;
• Excellent writing skills;
• Ability to work independently with strong sense of initiative, discipline and self-motivation.

Required Skills and Experience

Academic Qualifications:

• Master´s degree in law, political science, international relations, human rights, transitional justice, or other relevant discipline.

Experience:

• Minimum 10 years of experience in access to justice, rule of law, transitional justice, human rights, peace building and similar programme areas is required;

• At least 5 years of demonstrated successful experience as adviser to senior representatives of Government and international organizations in the mentioned programme areas is required;

• Experience in advisory provision in post-conflict environments;

• Demonstrated experience in capacity building, programme development and implementation of reforms and organisational change;

  Strong political acumen and good verbal and written communication skills;

• Demonstrated experience in working in multi-cultural teams;

• Good computer skills - MS office applications.

Language:

• Fluent verbal and written English is required;

• Knowledge of Dari/Pasto is a strong asset.

Working arrangements:

Institutional Arrangement

The Senior Consultant for Access to Justice and Rule of Law Programming will work under the direct supervision of the Chief Rule of Law and Human Security Unit and in close coordination with the AA2J Project Manager.

 The consultant will be provided with office space in the AA2J office at the UNOCA compound, and will visit relevant stakeholders on a regular basis as applicable. Costs to arrange meetings, workshops, travel costs to and DSA during field visit (if any) and work-related communication costs shall be covered by UNDP.

Duration of the Work

• The whole assignment is foreseen for a period of 6 months with maximum 132 working days (54 working days homebased and 78 working days in Kabul, Afghanistan).

Duty Station

• Home based and Kabul, Afghanistan. Some field visits outside Kabul are envisaged under the contract. The contractor will follow UNDP AA2J working hours. The contractor is at all times required to observe UNDP security rules and regulations.

Price Proposal and Schedule of Payments:

The contractor shall submit a price proposal as below:

• Daily Fee – The contractor shall propose a daily fee which should be inclusive of his/her professional fee, local communication cost and insurance (inclusive of medical health and medical evacuation). The number of working days for which the daily fee shall be payable under the contract is 132 working days.
• Living Allowance (LA) – The contractor shall propose a LA at the Kabul applicable rate of USD 162 per night for his/her stay at the duty station. The number of nights for which the LA shall be payable under the contract is 109 nights. The contractor is NOT allowed to stay in a place of his/her choice other than the UNDSS approved places. UNDP will provide MORSS compliant accommodation in UNOCA Complex to the contractor. The payment of accommodation shall be made directly by the contractor.
• Travel and Visa – The contractor shall propose an estimated lump sum for home-Kabul-home travel and Afghanistan visa expenses.

The total professional fee, shall be converted into a lump sum contract and payments under the contract shall be made on submission and acceptance of deliverables under the contract in accordance with the abovementioned payment schedule.

Evaluation Method and Criteria:

Individual consultants will be evaluated based on the following methodology:
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 Criteria: weight 70%

* Financial Criteria weight 30%

Only candidates obtaining a minimum of 49 points (70% of the total technical points) would be considered for the Financial Evaluation

Technical Criteria – Maximum 70 points; 

Technical Proposal (30 marks)

• Technical Approach & Methodology (20 marks) – This explain the understanding of the objectives of the assignment, approach to the services, methodology for carrying out the activities and obtaining the expected output, and the degree of detail of such output. The Applicant should also explain the methodologies proposed to adopt and highlight the compatibility of those methodologies with the proposed approach;
• Work Plan (10 marks) – The Applicant should propose the main activities of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by the Client), and delivery dates. The proposed work plan should be consistent with the technical approach and methodology, showing understanding of the TOR and ability to translate them into a feasible working plan.

Qualification and Experience (40 marks) [evaluation of CV]

• General Qualification (15 marks);
• Experience relevant to the assignment (20 marks);
• Experience of working for projects funded by UNDP (5 marks).

Documents to be included when submitting the Proposals:

Interested international consultants (Procurement) must submit the following documents/information to demonstrate their qualifications in one single PDF document:

• Duly accomplished Confirmation of Interest and Submission of Financial Proposal Template using the template provided by UNDP (Annex II);

• Personal CV or P11, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Candidate and at least three (3) professional references.

Technical Proposal:

• Brief description of why the individual considers him/herself as the most suitable for the assignment;

• A methodology, on how they will approach and complete the assignment and work plan as indicated above.