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National Consultancy for Policy and Legal Reform under the Peace Building Project in Darfur, Rule of Law and Justice Reform Portfolio
|Location :||El Deain, SUDAN|
|Application Deadline :||24-Oct-21 (Midnight New York, USA)|
|Additional Category :||Democratic Governance and Peacebuilding|
|Type of Contract :||Individual Contract|
|Post Level :||National Consultant|
|Languages Required :||Arabic English|
|Starting Date :|
(date when the selected candidate is expected to start)
|Duration of Initial Contract :||65 working days|
|Expected Duration of Assignment :||65 working days|
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.
Much of Darfur today remains a post-conflict setting, characterized by fragile and under resourced public institutions, challenged by criminality as well as sexual and gender-based violence/conflict-related sexual violence (SGBV-CRSV), a protracted humanitarian crisis and lack of development. Armed conflict still prevails in some parts of the Jebel Marra area of Central and South Darfur, with intermittent clashes between the Sudanese Armed Forces (SAF) and the increasingly radicalized Sudan Liberation Army- Abdul Wahid (SLA-AW), including the fall out of other SLA-factions (Alfouka, Hassabo and Aldouk factions). In addition, inter-communal conflict is still rife throughout most parts of Darfur. These conflicts are inextricably linked with tensions between host communities, IDPs, including women, and sedentary-farming and nomadic-pastoral communities over access to, use and management of resources, especially land and water. These tensions occasionally lead to localized armed violence, including violent attacks on women and girls being exposed to SGBV.
In addition, the government has been unable to provide the required security and services expected by the people. This has resulted in decreased level of trust in government among the people, especially IDPs and returnees. The absence or weak institutions are not only limited to rule of law, such as police and courts, but also include other public institutions that are responsible for provision of basic services such as education, health, water and sanitation. Because of this, the crucial grievances at the origin of the conflict, including access to land and resources, remain largely unaddressed and are root causes of inter-communal violence and conflict in Darfur. While modest improvements have been made in the rule of law area, the presence of legitimate and accountable rule of law institutions is limited in conflict-affected or prone areas, and the justice system struggles to assert its independence, particularly in the investigation and prosecution of conflict-related crimes, with prisons both insecure and overcrowded. The security vacuum coupled with the low numbers of police and other rule of law institutions and rampant impunity has created an environment for armed groups, tribal militias and other groups to consolidate influence through criminal activity. The overall erosion of the rule of law in Darfur during the Bashir regime had already decreased overtime eroding public confidence and trust in the justice system as a critical tool for stabilization and protection. It was in this context, that the Peacebuilding Fund was identified a crucial enabler for transition and to promote stabilization and peace consolidation in Darfur with proposed interventions aiming to tackle the causes of violence by addressing conflict drivers. The 5 PBF projects in Darfur, will continue to further strengthen Sudanese rule of law institutions and create the conditions necessary for a functioning administration capable of ensuring public safety services, access to and delivery of justice, access to land and other natural resources and respect for and protection of fundamental rights.
Outcome 2: Good governance is instituted at locality level and confidence of people built: freedom of movement and physical security is taken for granted by men and women and the rule of law is perceived to be applied without fear or favour; quality basic services are accessible to all, and all feel a stakeholder to their provision
Output 2.1: Governance system reinforced at the local level
Objectives of the assignment:
This outcome encompasses interventions at the institutional level. Working with different duty bearers including, local governance forums, the police, prosecution, courts, corrections, and native administration; the programme will provide targeted support to key governance and justice institutions, enhancing their capacity to provide security and justice while at the same time protecting human rights and accountability.
As a way of upfronting strategic initiatives, UNDP has prioritized provision of technical assistance to promote institutional reforms (legal / regulatory) to support Ministry of Justice (MoJ), Ministry of Local Government to develop / review policy guidelines and any other relevant regulations / laws for effective engagement of traditional authorities in the formal local governance structures in the five states of Darfur where the PBF project is being implemented (Tawilla locality in North Darfur; Assalaya-Sheiria-Yassin localities in East Darfur; Jebel moon locality in West Darfur; Greida locality in South Darfur and Umm Dhukun, Nertiti localities in Central Darfur); and their relationship with MoJ and review of the legal framework for the local governance forums. In addition, the lack of appreciation of the critical role of traditional authorities like rural court judges, native administration, etc. in preserving the rule of law, human rights, peace and stability; and inadequate capacity of local governance forums for policy advocacy and formulation of capacity development plans including monitoring mechanisms remain critical but weak at the locality level.
Duties and Responsibilities
With support of UNDP, the Consultant will undertake the following:
Desk review and operational framework
The consultant will in close co-ordination with UNDP, MoJ and MoLG undertake a review: a) to deliver an initial report detailing a plan to operationalise support to legal administration, local governance forums and other traditional authorities in respect of surveys on public / citizen expectations for voice, rule of law and accountability systems assessment of capacities and gaps for institutional capacity building and existing M&E systems; and b) institutional mandates and regulatory systems for reforms to review or develop policy guidelines on linkages / engagement between government institutions and traditional authorities in formal local governance structures.
Engagement of counterparts and communities and participation in assessments
The consultant will, in close co-ordination with UNDP, consult with, amongst stakeholders, Government of Sudan justice sector institutions, non-state actors (to the extent they are relevant/ applicable/ feasible) at both state and locality level authorities for their input into the draft policy guidelines; perception and mapping / institutional capacity assessment tools and the selection of samples for implementation.
The consultant will then participate in the UNDP – led mission (s) to engage the authorities and communities of the selected target areas at state, locality and village level, to conduct a survey on public satisfaction of security / justice services and assess capacities of institutions, governance forums and traditional authorities in formal local governance structures with the purpose of a) assessing public perceptions, b) input / validation and adoption of policy guidelines; c) identifying capacity gaps successfully evaluated through validation exercises and d) conducting capacity building programme for skills training and knowledge development among different cadres to build core capacities at local government.
Based on the survey, mapping / capacity assessments and capacity building programme, the consultant will deliver policy guidelines, reports for each of the activities. This includes results of public expectations surveys, institutional capacity assessments / gaps, validation exercises, training reports and appropriate recommendations proposed.
Support to monitoring systems / implementation and final reporting
The consultant will provide technical support and expertise to MoJ and MoLG in preparing a tracking system for monitoring performance (and lessons) of the local governance forums, and effectiveness of the policy guidelines for engaging traditional authorities in the local governance structures.
She or he will prepare an end of Assignment Report, noting overall achievements of the assignment since inception, constraints beyond the immediate control of the project and sustainability measures adopted by the government and other partners to continue with project outputs.
Duration of Work
It is anticipated that this consultancy will take a total of 3 months (1 November 2021 to 31st January 2022). The consultant is expected to start immediately after signing of the contract.
This assignment will be based in El Daein with frequent travels as required to Nyala, El Geneina, Zalingei and El Fasher.
Selection criteria and basis of evaluation
Submissions will be evaluated based on the cumulative analysis of the technical evaluation (weight: 70%) and financial criteria (weight: 30%). Only candidates obtaining a minimum of 70 points from the technical evaluation would be considered for the financial evaluation.
Scope of price proposal and schedule of payments
Deliverable 1: 30%
Deliverable 2. 40%
Deliverable 3: 30%
To Review the TOR and Offerors Letter please go through the below link:
Language and other skills:
Required Skills and Experience
Prior experience with UNDP, and knowledge of its procedures and processes will be a distinct advantage;
Results driven, ability to work under pressure and to meet strict deadlines;
The following should be included in the offer:
Financial Proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs, as per template provided