CONSULTANT (ICPN/2013/93): Expert on strategic litigation and communications for the “Support to Strategic Litigation in Ukraine” Project


Location : Kyiv, UKRAINE
Application Deadline :06-Oct-13 (Midnight New York, USA)
Type of Contract :Individual Contract
Post Level :National Consultant
Languages Required :
Russian  
Starting Date :
(date when the selected candidate is expected to start)
11-Oct-2013
Expected Duration of Assignment :till 30 August 2014

Background

Background
The new Democratization and Human Rights Programme in Ukraine (2013 - 2016) funded by the Danish Ministry of Foreign Affairs and implemented by UNDP Ukraine builds upon the achievements of the previous Civil Society Development Programme (2009-2012). It is a nation-scale 4-year initiative which runs from 1st January 2013 until 31st December 2016. The overall aim for DHRP is a strengthened civil society with actors able to promote human rights, advance democracy and ensure legal aid.

DHRP is to be implemented through three main components:
  1. Strengthening CSOs as guardians of democracy and good governance;
  2. Supporting human rights actors to promote and defend human rights in Ukraine;
  3. Fostering participatory implementation of the new Law on Public Associations and advocacy for wider and results-driven Government-CSO dialogue
In the framework of this initiative the “Support to Strategic Litigation in Ukraine” Project, implemented by UHHRU was launched to concentrate on:
  • Building an inclusive nation-wide Strategic Litigation Platform (SLIP) which will foster knowledge exchange between organizations, foundations and civic activists, who are working on strategic litigation (SL), and will allow them to use resources for economies of scale;
  • Increasing awareness of the concept of SL in Ukraine and of the proposed social and legal transformations to enhance rule of law;
  • Supporting SL in the human rights realm alongside priority areas.
The aim of the project is to increase SL impact on change in the legal frameworks of Ukraine, which, in turn, can be accomplished through a number of concrete tasks:
  • Development of co-ordination between SL centers to develop common approaches, effective use of resources, discuss strategies, synthesis and coordination of practices and criteria for evaluation and selection of strategic cases;
  • Improve cooperation with NGOs, legal assistance offices, lawyers and attorneys and increase inflow of potential cases;
  • Improvement of legal representation in strategic affairs, strategy development and generalization of approaches to SL;
  • Increasing the visibility of SL and its transformation into an effective advocacy tool for activities of civil society monitoring and informing the public about the impact of SL to change the legal system and praxis;
  • Use communication strategies to enhance expert and public awareness about the SL mechanism;
  • Development and testing of ways to fundraise to support sustainable development of SL in the future.
Inter alia, the target audience will include: lawyers who will work with SLIP for a fee or pro bono; journalists who will cover SL work, human rights organizations interested in using strategic litigation protection for their advocacy campaigns and assistance to victims of human rights violations, as well as courts and public authorities, which are naturally targeted by SL efforts.


Duties and Responsibilities

Duties, responsibilities and results
TASKS AND DELIVERABLES
DEADLINE
Task 1:

1.1 Overall strategic vision (up to 2 pages) of approaches to the formation and development of SLIP over the next 12 months developed and agreed with the Helsinki Human Rights Union and UNDP;

1.2 Draft work plan for operation and related activities of SLIP finalized and agreed with the Helsinki Human Rights Union and UNDP;

1.3 Kick-off meeting (20 members of SL foundations and stakeholders) to discuss the concept of the formation and development of SLIP organized and conducted;

 
By 30 September 2013
 
Task 2:

2.1 At least 15 consultations (phone, online, personal) provided for potential SLIP participants about the level of engagement, expected roles and potential benefits;

2.2  Negotiations regarding inclusion of at least 4 SL foundations conducted;

2.3 The organizational form of cooperation (memorandum of understanding / agreement / letter of intent) is defined and agreed with UHHRU, SLIP future members, and UNDP;

 
By 31 October 2013
 
Task 3:

3.1 The first SLIP working meeting (up to 20 members) prepared, organized and conducted, the results of the first meeting gathered and recorded, sent to all stakeholders after consultation with UHHRU;

3.2 At least 5 consultations between the SLIP participants and other interested parties (phone, online, personal, focus groups) regarding (a) the agreed selection criteria for strategic cases and (b) the use of standardized procedures for handling cases held;

3.3   Criteria for strategic cases (following consultation - up to 2 pages) and general guidance on the use of standardized procedures for handling cases by the foundations (up to 2 pages) developed and generally agreed with the Helsinki Human Rights Union and SLIP members;

3.4   Plans for SLIP outreach activities for International Human Rights Day (10 December 2013) developed, agreed with the Helsinki Human Rights Union and SLIP members, preparations begun;

 
By 30 November 2013
 
Task 4:

4.1 At least 3 SLIP consultations with stakeholders in the field of human rights journalism (including the Human Rights Information Center) conducted, the results of the negotiations set out a common vision of communication interaction between SLIP and its partners in journalism and advocacy fields (2 pages);

4.2 SLIP plans regarding information events for International Human Rights Day implemented, at least 5 printed and / or video materials on the subject of SL elaborated;

4.3 Overall communications strategy (up to 5 pages) for SLIP (including strategy / approach to internal and external communication) developed and agreed with UHHRU, SLIP members and discussed (in order to garner recommendations) with UNDP;

 
By 31 December 2013
 
Task 5:

5.1 At least one training seminar for SLIP members on effective communication (including but not limited to, topics of writing blogs, the use of new media, information support to campaigns, strategic communications) planned and coordinated with SLIP members, including the selection of trainers and organizing logistics;

5.2 Second SLIP working meeting (up to 20 members) prepared, organized and conducted, the results of the second meeting gathered and recorded, sent to all stakeholders after consultation with UHHRU;

5.3 Based on agreed criteria for selection of cases and in collaboration with the UHHRU analyst: at least 10 potential human rights cases collected and distributed to members of the platform to attract the attention of potential participants and their continued support;

5.4 Preliminary talks with lawyers / attorneys to provide legal assistance and implementation support to 5 strategic cases that will be supported by SLIP members conducted;

 
By 31 January2014
 
Task 6:

6.1 At least 5 consultations (phone, online, personal) held with SLIP members to identify model approaches to human rights cases, based on their SL experience, gathered experience is designed as a working document (memo) - no more than 3 pages.

6.2 Preparation of materials for the book "Litigation that changes the legal system of Ukraine" finished (performance of coordination and oversight function), the search for printing vendor is completed, layout is produced, and materials sent to print;

6.3 Strategy for the dissemination and promotion of the book developed (up to 2 pages), agreed with UHHRU, SLIP participants and discussed (in order to get recommendations) with UNDP;

6.4 Report on the results of SLIP operation during the first 6 months showing lessons learned and aspects to be addressed in the future is formed (up to 5 pages);

 
By 28 February 2014
 
Task 7:

7.1 The third SLIP working meeting (up to 20 members) prepared, organized and conducted, the results of the third meeting gathered and recorded, sent to all stakeholders after consultation with UHHRU;

7.2 At least 5 consultations (phone, online, personal) held with SLIP members to identify the most appropriate and effective system for the collection and dissemination of success stories to the public; recommendations based on advice put into a working document (memo) of up to 3 pages;

7.3 The first out of two planned workshops for SLIP members on the subject of new systems for primary and secondary legal aid and new CPC delivered (including the selection of trainers and organizing logistics);

 
By 31 March 2014
 
Task 8:

8.1 At least 5 success stories among SLIP participants regarding SL cases found (through telephone, online and personal consultation) and formatted for the start of the depositary of success stories and smart practices (each story contains photo / video materials and visualization);

8.2 At least 2 webinars / Skype conferences between lawyers accompanying strategic litigation cases, and SLIP members held for improvement of working methods and finding effective tools of strategic defense (agenda, invitation and logistics);

8.3   At least 5 blog materials on strategic litigation as a tool for advocacy published in specialized thematic and socio-political web resources (list of sources for publications pre-agreed with UHHRU);

 
By 30 April 2014
 
Task 9:

9.1 The fourth SLIP working meeting (up to 20 members) prepared, organized and conducted, the results of the fourth meeting gathered and recorded, sent to all stakeholders after consultation with UHHRU;

9.2 No less than three press clubs on strategic litigation for journalists held; As a result, at least 3 publications / materials appear from each of the events;

 
By 31 May 2014
 
Task 10:

10.1 The second out of two planned workshops for SLIP members on the subject of new systems for primary and secondary legal aid and new CPC delivered (including the selection of trainers and organizing logistics);

10.2 CASEBOX System (electronic control system for court cases and relevant materials) completed with representatives of HURIDOCS;

10.3 Presentation of the CASEBOX System for SLIP members prepared and organized;

 
By 30 June 2014
 
Task 11:

12.1 The fifth SLIP working meeting (up to 20 members) prepared, organized and conducted, the results of the fifth meeting gathered and recorded, sent to all stakeholders after consultation with UHHRU;

12.2 The system of collection and dissemination of success stories in the SL field for the expert community and the public created and implemented (bug fixing and finalization), the system is pre-filled with content;

 
By 31 July 2014
 
Task 12:

12.1 The system of collection and dissemination of success stories in the SL field kicked-off, no less than 10 on-line publications relating to startup and its content produced and distributed (list of sources for publications pre-agreed with UHHRU);

12.2 Training on effective judicial journalism for journalists who work on human rights planned and organized (including recruitment of trainers and logistical issues);

12.3 Report on the results of SLIP operation during the first 12 months showing lessons learned and aspects to be addressed in the future is formed (up to 5 pages);

 
By 30 August 2014
 

Time frames for specific tasks listed above are approximate and may additionally be agreed between the Expert, UHHRU and UNDP through timely negotiations.

Performance indicators

  • A shared vision of the SLIP strategy and coordinated joint action plan with the participants of the platform;
  • SLIP incorporates at least 5 members that represent SL foundations (national and regional) and involves them into activities;
  • Expert ability of SLIP participants improved through a series of training sessions (based on training needs assessment);
  • The system of regular meetings (including remote) of SLIP members established;
  • Communications strategy (internal and external) developed, agreed and implemented;
  • 20 SL cases analyzed, and 5 successfully completed;
  • A repository of at least 20 SL smart practices from SLIP member established;
  • Increased awareness about SL in the expert community as an effective tool for achieving social change;
  • A robust system of SLIP coordination developed and implemented.


Competencies

Expected skills and competencies:
  • Quality work and initiative;
  • Team relations and ability to build effective connections in the team, unite and motivate;
  • Legal and technical expertise and knowledge;
  • Effective communications skills, persuasion and negotiation;
  • Partnership and networking skills;
  • Ability to work under continuous pressure and meet deadlines;
  • Mature judgment combined with a proactive, energetic approach to problem solving; excellent interpersonal and communication skills;
  • Strong organizational and time management skills;
  • Adherence to the values of human rights, supremacy of law and fairness;
  • Excellent writing skills (creation of documents, strategies and reports) and speaking;
  • Excellent training conduction skills and existence of own trainer networks;
  • 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;
  • Treats all people fairly without favoritism;
  • Fulfills all obligations to gender sensitivity and zero tolerance for sexual harassment;


Required Skills and Experience

  • Higher education in the area of law Specialist / Master’s (including concentration on management of NGOs) or other related social sciences;
  • At least 5 years’ experience with managing / oversight over civil society organizations or projects at the national level, including financial management, organizational architecture and division of roles, reporting to donor organizations (previous experience with UNDP is an asset)
  • Track record of previous work in the area of human rights protection / human rights advocacy and promotion (including practical experience in project start-up and project management;
  • Ukrainian / Russian at native language proficiency.

Documents to be included when submitting the proposals

  • Letter of interest/proposal, explaining why the applicant considers him- or herself the most suitable for the work
  • Personal CV, including information about past experience in similar projects / assignments and contact details for referees
  • Financial proposal

Financial proposal - Lump sum contract
The financial proposal shall specify a total lump sum 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 (number of anticipated working days).

Travel costs

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. In general, UNDP should 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.

Evaluation criteria

  • Educational background – 5 points max (5 – PhD; 3 – Specialist / Master’s);
  • Relevant professional experience – 40 points max (40 – 8-10 years; 35 – 6-8 years; 30 – 5 years);
  • Confirmed expertise in human rights protection / human rights advocacy – 15 points max (15 – over 10 successful advocacy campaigns / won court cases / successful submissions to the ECHR and / or other international human rights institutions / publications themed on human rights; 10 – between 5 and 10 successful advocacy campaigns / won court cases / successful submissions to the ECHR and / or other international human rights institutions / publications themed on human rights; 5 – between 0 and 5 successful advocacy campaigns / won court cases / successful submissions to the ECHR and / or other international human rights institutions / publications themed on human rights);
  • Language– 10 points max (10 – excellent knowledge of Ukrainian and Russian languages; 5 – knowledge of Ukrainian or Russian language only)

Maximum available technical score - 70 points.

Evaluation method: Cumulative analysis
Contract award shall be made to the incumbent whose offer has been evaluated and determined as:
a) responsive/compliant/acceptable, and
b) having received the cumulative 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 70% from the maximum available technical score (49 points) would be considered for the Financial Evaluation

The maximum number of points assigned to the financial proposal is allocated to the lowest price proposal and will equal to 30. All other price proposals will be evaluated and assigned points, as per below formula:

30 points [max points available for financial part] x [lowest of all evaluated offered prices among responsive offers] / [evaluated price].

The proposal obtaining the overall cumulatively highest score after adding the score of the technical proposal and the financial proposal will be considered as the most compliant offer and will be awarded a contract.

Ukrainian version of Terms of Reference is available through: http://undp.org.ua/images/stories/Tenders/ICPN_2013_93_DHRP_ukr.pdf

Please notice that all information should be filled in English language only! (CV can be uploaded in other language)

General Terms and conditions as well as other related documents can be found under: http://europeandcis.undp.org/home/jobs

Qualified women and members of minorities are encouraged to apply.

Due to large number of applications we receive, we are able to inform only the successful candidates about the outcome or status of the selection process.

Please click on the "submit application" button to upload your CV or P-11. Applications without CV/P-11 will not be considered. Please include all information in one (1) file (doc or pdf format).

NB! Incomplete applications will not be considered. Please make sure you have provided all requested materials.


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.


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