Background

The rule of law is the manifestation of security, justice and human rights. The breakdown of the rule of law is the most significant indicator of an escalating armed conflict, increasing impunity and corruption. Strong national rule of law and human rights protection systems are also critical to conflict prevention. Particularly, in the post conflict situation like in Nepal, the protection and promotion of human rights, addressing the issues of impunity of past abuses and ensuring the national capacities of the rule of law institutions has been essential to counter the “rule by law” with the rule of law.

Rule of law is also a fundamental backbone of good governance and democracy. Likewise the human rights are the integral part of rule of law. Without strengthening rule of law and human rights situation in the country, the vision of achieving sustainable peace and social justice would not come true. Therefore, strengthening of the rule of law entails a complex set of interrelated problems: from addressing concrete manifestations of violence and injustice to broader institutional gaps and socio-economic needs (A Global UNDP Programme for Justice and Security, 2008-2011).

In the aftermath of a conflict in Nepal, realization of the rule of law and human rights by the people is paramount in creating a safe and secure environment in which recovery can take place. And, in the final analysis, the rule of law provides the very foundation for the achievement of the Millennium Development Goals. UNDP Global Strategy 2008 – 2011 establishes close linkages between protection of human rights and the rule of law and humanitarian to development. UNDP basically focuses on:

  • Strengthening the Rule of Law within an Early Recovery Framework;
  • Addressing Women’s Security and Access to Justice based on Security Council Transitional period; Resolution 1325 and UNDP’s Eight-Point Agenda for Women’s Empowerment and Gender Equality; 
  • Supporting Capacity Development of Rule of Law Institutions and actors;  
  • Facilitating Transitional Justice promoting Confidence Building and Reconciliation.

Likewise, UNDP strategically focuses on the following areas of interventions to establish and strengthen the human rights into development:

  • Supporting the strengthening of national human rights systems;
  • Promoting the application of a human rights-based approach to development programming; and,
  • Greater engagement with the international human rights machinery.

To strengthen the rule of law and human rights protection system, UNDP has developed an upstream ROLHR programme. The Local Project Appraisal Committee (LPAC) has already endorsed the programme and it is going to be launched very soon. 

Duties and Responsibilities

The general objective of this assignment is to assist the country office to draft the terms of reference of the staffs requiring for the programme and assisting country office in the hiring process.


In addition, the specific objectives of the consultancy are given as follows:

  • Assist country office in drafting the terms of reference of the staffs requiring as per the  programme
  • Finalize terms of reference for the perception survey on confidence of citizens towards the court system, and
  • Assist the country office in long and shortlisting candidates and assist in the hiring process etc.

Interested candidates can download the Procurement Notice & detailed Terms of Reference (Annex I) and General Condition of Contract for the services of Individual Contractors (Annex II) from the UNDP website:

 

 http://www.undp.org.np/uploads/announcement/PISU%20PN%20003%202013%20RLHRPSN_20130206031852.pdf

 

Note: Please submit your application at the following eamil address if you face problem applying online:


Procurement.np@undp.org

Competencies

Functional Competencies:

  • Understanding of customary law harmonization into common law system.
  • UN experience is an asset.
  • Excellent interpersonal skills;
  • Promotes a knowledge sharing and learning culture in the office;
  • Ability to advocate and provide policy advice at the highest levels of government;
  • Understanding and experience Rule of Law and Human Rights issues
  • Demonstrates strong oral and written communication skills;
  • Demonstrates openness to change and ability to manage complexities;

Corporate Competencies:

  • Demonstrates integrity by modeling 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;
  • Consistently approaches work with energy and a positive, constructive attitude;

Required Skills and Experience

Academic Qualifications:

  • Advanced University Degree in law and human rights.

Experience:

  • Minimum of 3 years of experience in the area of rule of law and access to justice capacity building and systems development;
  • Working experience in Nepali context and with national organizations;
  • Strong professional background and experience in institutional capacity development, and programme /project formulation.

Language Requirement:

  • Proficiency in spoken and written English is a must.

Application & required documentation:

Proposal:

To be included as part of the proposal:

  • A cover letter explaining your suitability for the work (300 words or under); 
  • A biref methodology on how you will approach and conduct the work (1000 words or under)

Financial Proposal:

Financial proposal indicating a lumpsum fee. Please see guidance below:

Lumpsum contracts:

The financial proposal shall specify a total lumpsum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in installments or upon completion of the entire contract). Payments are based upon output, i.e. upon delivery of the services specified in the TOR. In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount (including travel, per diems, and number of anticipated working days).

Travel:

All envisaged travel costs must be included in the financial proposal. This includes all travel to join duty station.  In general, UNDP does not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so using their own resources.

In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultant, prior to travel and will be reimbursed.

Evaluation:

Individual consultants will be evaluated based on the following methodologies:

Lowest price and technically compliant offer:

When using this method, the award of a contract should be made to the individual consultant whose offer has been evaluated and determined as both:

  • a) Responsive/compliant/acceptable, and
  • b) Offering the lowest price/cost

“Responsive/compliant/acceptable” can be defined as fully meeting the TOR provided.

Only candidates obtaining a minimum of 49/70 points in the technical evaluation would be considered for the Financial Evaluation.

Criteria Weight Technical:

  • Criterion A: Relevant Educational Qualification (20%)
  • Criterion B: Legal research and knowledge of political context (15%)
  • Criterion C: Working experience with national institutions in Nepal  (15%)
  • Criterion D: Relevant working experience (20%)

Contract will be awarded to the technically qualified who offer the lowest bid.
“Lowest Bid Offered” refers to the lowest price offered by Offerors scoring at least 70% in technical evaluation.

UN Personal History - P11 Form (attached as Annex 3; downloadable from http//www.undp.org.np/vacancy including past experience in similar projects and at least 3 references: please upload P11 Form instead of CV.

  Note:

  • Applicants of 62 years or more require full medical examination and statement of fitness to work to engage in the consultancy;
  • The candidate has to be an independent consultant (If the candidate is engaged with any organization, the organization employing the candidate will be issued with a Reimbursable Loan Agreement (RLA) to release the employee for the consultancy with UNDP);
  • Due to sheer number of applicants, the procurement unit will contact only competitively selected consultant by 22 February 2013.
  • This application system allows uploading only one file per application; we therefore, recommend to upload the completed P11 Form. If the applicant wishes to include additional information, they may be attached to the P11 form