Background

UNDP is the UN's global development network advocating for change and connecting countries to knowledge, experience and resources to help people build a better life. UNDP is a founding co-sponsor of the Joint UN Programme on HIV/AIDS (UNAIDS), a partner of the Global Fund to Fight AIDS, TB and Malaria, and a co-sponsor of several other international health partnerships. UNDP’s work on HIV, health and development leverages the organization’s core strengths and mandates in human development, governance and capacity development to complement the efforts of specialist health-focused UN agencies.

While globally the number of new HIV infections is decreasing, the region of Eastern Europe and the Central Asia (EECA) is one of three regions in the world where the HIV epidemic continues to grow. The annual number of new HIV infections was 29% higher than in 2010, reaching 150,000 [140,000–160,000] in 2018. Of the estimated 1.7 million [1.5 million–1.9 million] people living with HIV in eastern Europe and central Asia, only about 1.2 million knew their serostatus in 2018, and only 650,000 [571,000–674,000] or 38% [30–44%] were receiving HIV treatment

UNDP has been acting as interim Principal Recipient (PR) of Global Fund HIV and TB grants in a number of countries of the region, which is an interim arrangement till one or more national entities (government and/or CSO) are ready and able to take over grant implementation. While supporting countries in implementing grants and ensuring timely delivery of services, UNDP also helps develop the capacity of national entities to take over this PR role.

Among the key drivers of the Global Fund’s Funding Model is a transition to more sustainable domestic financing of disease responses. This has immediate implications for many middle-income countries with concentrated HIV epidemics, including an end of their eligibility for Global Fund support, or significantly reduced support. UNDP has embarked on direct support to countries in sustainable HIV response financing, chiefly through modelling options under different budget scenarios and supporting establishment of social contracting mechanisms.

While there has been a significant improvement in the legal environment relevant to HIV in the region, certain gaps still persist and they are closely related to the rights situation of people living with HIV, key populations most at risk of HIV and co-infections and the legal and policy regulatory frameworks that govern national efforts in prevention, treatment, care and support. In cooperation with governments, other UN agencies, international organizations, and CSOs, UNDP works to develop the capacity of national legislators, government offices and CSOs on matters of HIV and the law. Through previous work as follow-up to the Report of the Global Commission on HIV and the Law, UNDP has sought to support and develop the capacity of non-state actors to address the nexus between human rights, laws, and HIV, as well as to foster effective and efficient dialogues and cooperation between governments and non-state actors in this area. UNDP also works on capacitating and sensitizing judges and law enforcement to the specific needs of PLHIV and KP and to better protect their rights.

Discriminatory laws and practices continue to render key populations at higher risk more vulnerable to HIV infections and compromise their access to prevention, treatment and care services. With criminalization of HIV transmission, drug use, sex work and homosexuality across the region, people living with HIV, people who inject drugs, men who have sex with men for fear of prosecution or violence often do not seek HIV and health-related services.

Through the regional project on “Sustainable Financing of National HIV Reponses in Select Countries in EECA”, UNDP analysed the legal regulatory framework that governs the access to HIV medicines in the context of intellectual property, registration and licensing and provided opportunities for optimization of these regimes both on national and regional levels, in the context of the Customs Union and the emerging Eurasian Economic Union. This issue was also re-enforced as important at the High-Level Ministerial Conferences on Expanding Access to Affordable Quality ART and TB Treatment, Diagnostic and Care in EECA, Minsk, Belarus, in 2016 and 2018. Other elements of the work on sustainable financing of national HIV responses included modelling work and analysis of and report on transition lessons learnt. Given the important role NGOs have been playing in prevention, treatment, care and support, together with European Centre for Not-For-Profit Law, UNDP carried out an analysis of legal frameworks related to social contracting of NGOs in selected countries of Europe and Central Asia. Based on this work, UNDP also developed Guidance on how to conduct legal, regulatory and policy reviews of NGO social contracting mechanism with an emphasis on identifying specific actions to improve utilization as a key option for sustainability of the HIV and health responses in the region.

UNDP organized the first ever EECA Judges’ Forum in November 2019 in Chisinau, Moldova. This has triggered the establishment of a regional platform that coordinates communication and sharing of knowledge and best practices between judges who work on cases related to HIV, PLHIV, KP and co-infections. This work will continue with the next Forum planned for mid next year.

In order to further enhance and speed up the implementation of follow up activities related to the conclusions and recommendations of these initiatives in the area of law, rights and sustainable financing of HIV responses, UNDP seeks an international consultant to support the HIV, Health and Development (HHD) Team at the Istanbul Regional Hub (IRH).

Duties and Responsibilities

The Consultant reports to the UNDP Regional HHD Team Leader at the IRH (Supervisor), and work closely with the Regional HHD Programme Specialist, will be responsible to:

1. Substantively review human rights language with international human rights instruments in all 3 Legal Environment Assessments (LEAs) conducted in Armenia, Belarus and Moldova. Provide TA support to 1-2 countries upon demand to conduct HIV and/or TB Legal Environment Assessments;
    
2. Provide technical support to the Steering committee and IRH teams for preparations of the 2nd EECA Judges Forum by drafting Steering Committee TOR and the governance mechanism;
    
3. Develop Compendium of strategic litigation cases in EECA and support dissemination through various platforms;
    
4. Provide TA to GF eligible countries (at least 3) on the integration of the human rights and sustainability aspects in preparation of new GF proposals.
    
5. Based on demand update (at least 3 countries) national NGO social contracting fact sheets/snap shots and provide TA to countries to ensure sustainable financing of HIV, TB and Hep C responses;
    
6. Translate at least 3 relevant materials (from English to Russian and back).

Institutional Arrangements

• The consultant will report directly to the HIV, Health and Development Team Leader and will work closely with Regional HHD Programmes Specialist;

• Progress on the various deliverables will be conducted on a bi-weekly basis with the supervisor and final deliverables will be presented to the Programmes Specialist for confirmation, validation and to recommend to the team leader for approval of payment;

• The consultant is expected to liaise with relevant external partners including other UN partners such as UNAIDS, the Global Fund to Fight AIDS, Tuberculosis and Malaria and others. Coordination and communication with UNDP COs and national partners such as Judges, National Institutes of Justice, MoH, local governments, civil society are envisaged;

• The Programmes Specialist will contribute to the evaluation of performance and approving authority for payment and acceptance of deliverables is the HHD Team Leader;
• No support in the form of facilities is envisaged for implementation of the consultancy. Travel logistics for potential missions will be provided in-line with UNDP rules and regulations.

Expected outputs an ddeliverables

TRAVEL PLAN

• No travel is envisaged to deliver this work. If the need arises, travel will be arranged according to the UNDP travel policy for consultants

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 without favouritism;
• Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment.

Functional competencies:

• Commitment to the principles set forth in the UN High Level Declarations on HIV and AIDS;
• Very good understanding of the legal and practical aspects of HIV and co-infections in the region;
• Familiarity with national healthcare systems and legal and practical issues surrounding non-communicable diseases;
• Familiarity with the social determinants of health and health inequities;
• Excellent organizational skills, ability to work independently, strict adherence to completing assigned tasks in a timely manner;
• Quality-oriented professional, constructive approach to obstacles and delays in planned performance;
• Excellent research and drafting skills;
• Excellent communication and presentation skills, oral and written;
• Advanced user of virtual communication tools.

Required Skills and Experience

Academic Qualification:

• An advanced degree (masters or higher) in law, international law or human rights, public health, international relations, or other relevant field.

Years of Experience/Technical Experience:

• Eight or more years of relevant regional experience in the field of human rights, law and health; Of which at least three years of experience in working with legal aspects of HIV and TB issues in the EECA region;
• Publications: At least three recent relevant publications (as author or co-author) in the field of human rights, law, and public health, or HIV, concerning the EECA region, in English;

Language Requirements

• Fluency and ability to communicate and write complex research in English and Russian;

SCOPE OF PRICE PROPOSAL AND SCHEDULE OF PAYMENTS

All proposals must be expressed in a lump sum amount. This amount must be “all-inclusive”. Please note that the terms “all-inclusive” implies that all costs (professional fees, travel costs, living allowances, communications, consumables, etc.) that could possibly be incurred are already factored into the final amounts submitted in the proposal.

The contractor will be paid an all-inclusive Deliverables/Outputs based lump sum amounts over the assignment period, subject to the submission of Certification of Payment (CoP) duly certified and confirmation of satisfactory performance of achieved work (deliverables/outputs) in line with the schedule of payments table hereunder:

RECOMMENDED PRESENTATION OF OFFER

Interested individual consultants must submit the following documents/information to demonstrate their qualifications. Candidates that fail to submit the required information will not be considered.

1. Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP; .https://procurement-notices.undp.org/ Reference 62399
2. 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;
3. Brief description of why the individual considers him/herself as the most suitable for the assignment, including references to how she/he will approach and complete the assignment.
4. Financial Proposal that indicates the all-inclusive total contract price, supported by a breakdown of costs, as per template provided.  The terms “all-inclusive” implies that all costs (professional fees, living allowances, communications, consumables, etc.) that could possibly be incurred are already factored into the final amounts submitted in the proposal.https://procurement-notices.undp.org/ Reference 62399

CRITERIA FOR SELECTION OF THE BEST OFFERS

Combined Scoring method – where the qualifications and methodology will be weighted a max. of 70%, and combined with the price offer which will be weighted a max of 30%; using the following evaluation criteria:

Step I: Screening and desk review:

Individual consultants will be evaluated based on the following methodology.

Applications will be first screened and only candidates meeting the following minimum requirements will progress to the pool for shortlisting:

• Master or equivalent in law, international law or human rights, public health, international relations, or other relevant field;
• Fluency and ability to communicate and write complex research in English and Russian.

Step II: Final evaluation

The final evaluation will combine the scores of the desk review and the financial proposal .

Individual consultants will be evaluated based on the cumulative analysis methodology (weighted scoring method), where the award of the contract will 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 technical and financial criteria specific to the solicitation.

Only Individual Consultants obtaining a minimum of 49 points (70%) on the Technical evaluation would be considered for the Financial Evaluation.

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