Background

On 17 and 26 August, the leadership of the ruling Sudan People’s Liberation Movement (SPLM) party and Sudan People’s Liberation Movement-in-Opposition (SPLM-IO) signed the Agreement on the Resolution of Conflict in the Republic of South Sudan (ARCISS) after several months of conflict, which resulted in the death of tens of thousands and the displacement of over two million people, including 1.6 million internally displaced persons (IDPs) and 607,608 refugees. This conflict was the latest in South Sudan’s long history of conflict, which culminated in a referendum that ushered in the country’s independence in 2011.

Chapter V of the peace agreement provides for transitional justice, accountability, reconciliation and healing. The agreement also provides for the establishment of a Hybrid Court for South Sudan (HCSS), Commission for Truth Reconciliation and Healing (CTRH) and Compensation and Reparations Authority (CRA). Due consideration is given to the use of traditional mechanisms of conflict resolution.

The UNDP Support to Access to Justice and Rule of Law project provides support for transitional justice initiatives in South Sudan, including the implementation of Chapter V of the ARCISS. The project’s support to transitional justice in South Sudan consists of technical assistance to the rule of law institutions; the gauging of perceptions of South Sudanese on issues related to truth, justice, reconciliation and healing; development of policy and discussion papers; creating space for dialogue and raising awareness through workshops and conferences and support to civil society in promoting transitional justice.

Several civil society organisations have worked together as a loose coalition since 2014 on transitional justice initiatives. An inception meeting conducted by civil society in September 2015 resolved to formalize a civil society Transitional Justice Working Group (TJWG).  A Terms of Reference is in draft and is expected to be adopted by the end of 2015. The importance of a transitional justice strategy was reaffirmed at a transitional justice conference held in Juba, South Sudan on the 11-13 November 2015. Civil society, through the TJWG, requires a robust strategy to ensure that the interests of the people of South Sudan are fully represented as the peace process progresses.

Duties and Responsibilities

Purpose of the Consultancy

The overall purpose of the consultancy is to support the TJWG in the development of a comprehensive strategic plan, which will define its set goals, actions to achieve its goals, execution of actions, communication strategy, and resource mobilization and allocation. The strategy of the TJWG will include its areas of engagement, which include but are not limited to: human rights documentation, public consultation mechanism, awareness-raising, legislative drafting, lobbying and advocacy, external communication, development of areas of further research, and engagement with the transitional justice mechanisms foreseen in Chapter V of the ARCISS.

Objectives

The main objectives of the strategic plan are:

  • Identify and synthesize strategic opportunities for the TJWG;
  • Establish a framework that is instrumental to coordinate civil society engagement on transitional justice;
  • Provide civil society with practical tools to implement the strategy;
  • Provide support to develop a nationally owned transitional justice;
  • Develop a strategic plan for the period 2016-2021.

Scope of Service

The consultant will provide support to the TJWG to develop a strategic plan. The strategy will be based on a literature review and consultations with key stakeholders at national and state level to ensure its relevance to the South Sudanese context. The outlines of the strategic plan and key decisions will be developed during a two or three-day strategic plan development workshop in Juba. The writing of the strategic plan will thereafter be done in cooperation with members of the TJWG. The strategic plan will then be officially validated by the TJWG.

UNDP will provide all necessary background materials such as the Perception Survey on Truth, Justice, Reconciliation and Healing; the Transitional Justice Conference Report; the Terms of Reference of the TJWG; and previous minutes of the TJWG.

In order to achieve the objectives, the tasks of the consultant will include, but are not necessarily limited to, the following:

  • Provide technical and strategic support to enable the development of the TJWG strategic plan;
  • Develop a work plan to guide the deliverables;
  • Assess the strengths, weaknesses, (external) opportunities and threats of the TJWG, with a view to identifying appropriate strategic options for the 2016-2021 operational period;
  • Assess relevant documents, including the TJWG mission and vision statements and strategic plans of donor institutions;
  • Provide active engagement and participation of TJWG members and the wider civil society community;
  • Produce deliverables in accordance with the requirements and timeframes of the Terms of Reference;
  • Organise a validation workshop to finalise the strategic plan.

Deliverables

The consultant will produce the following deliverables:

Transitional Justice Strategic Plan Outline:

  • The strategy outline will provide a situational analysis of transitional justice in South Sudan and the current context, a stakeholder analysis, an overview of the elements of the strategy and guiding questions that will guide the brainstorming sessions during the strategic plan development workshop.

Programme for Strategic Planning

  • In cooperation with the TJWG, organize a two- or three-day strategic plan development workshop and act as moderator to facilitate the development of the strategy

Transitional Justice Strategic Plan

  • In cooperation with the TJWG, write the strategic plan.

Validation workshop

  • Present the strategic plan to the TJWG for validation.

Contracts will be output-based and payment issued only upon approval of satisfactory deliverables.

Competencies

Corporate Competencies:

  • Displays cultural gender, religion, race, nationality, and age sensitivity and adaptability;
  • Demonstrates diplomacy and tact in dealing with sensitive and complex situations.
  • Strong communication, team building, interpersonal, analysis, and planning skills.

Professionalism:

  • Demonstrates professional competence and mastery of subject matter;
  • Demonstrates experience developing strategic plans, particularly with civil society organisations;
  • Demonstrated ability to negotiate and apply good judgment;
  • Shows pride in work and in achievements;
  • Is conscientious and efficient in meeting commitments, observing deadlines and achieving results.

Planning & Organizing: 

  • Organises and accurately completes multiple tasks by establishing priorities while taking into consideration special assignments, frequent interruptions, deadlines, available resources and multiple reporting relationships;
  • Plans, coordinates and organises workload while remaining aware of changing priorities and competing deadlines;
  • Establishes, builds and maintains effective working relationships with staff and clients to achieve the planned results.

Required Skills and Experience

Education:

  • Master's degree in Law, or relevant Social Science.

Experience:

  • Practical experience of not less than 10 years working/consulting in transitional justice;
  • In-depth knowledge of drafting legislation, truth-telling processes and commissions, accountability, reparations and memorialization;
  • Demonstrated practical experiences in strategy development; 
  • Demonstrated experience in working with a variety of stakeholders from all key stakeholders;
  • Basic gender understanding, skills, experience and commitment;
  • Strong writing and oral communications skills;
  • Strong analytical skills, including in the identification of key issues and how they relate;
  • Experience working in a hardship and conflict/post-conflict environment an asset.

Language:

  • Fluency in spoken and writing English;
  • Knowledge of Arabic language is an advantage.

Institutional arrangements:

The consultant can make use of the UNDP office and is expected to use their own computer/laptop and cell phone. 

The consultant will be contracted for 35 full-time working days.

The consultant will report to the Chief Technical Advisor to the Ministry of Justice and the Judiciary of South Sudan (or his designate), who will review and approve delivery of outputs.

How to apply:

Interested applicants are required to submit the following:

Technical proposal comprising of the following:

  • Letter of Confirmation of Interest and Availability using the template provided by UNDP;
  • 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 three (3) professional references;
  • Brief description (max. ½ page) of why you consider yourself as the most suitable for the assignment, and a methodology (max. 1 page) for how you will approach and complete the assignment;
  • Proposal containing a summary of the content of the strategy as described in section 4 and 5 of this ToR: how the strategy will ensure the achievement of the objectives, description of the proposed course content, development methodology, and the proposed venue for the workshops, total all-inclusive cost (max 2-3 pages).

Financial Proposal: that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs.

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%.

Criteria to be used for rating the qualifications and methodology:

Technical evaluation criteria (total 70 points):

  • Experience with transitional justice work, in particular with civil society and prior experience with the development of strategies [20 marks].
  • Experience in conducting situation, analysis, development of strategic plan for transitional justice work. [30 marks].
  • Proposed methodology [20 marks].

Only candidates obtaining a minimum of 49 points in the Technical Evaluation will be considered for the Financial Evaluation.

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.