UNDP Jobs - 64225- International Consultant to Draft Law on Treaty of

International Consultant to Draft Law on Treaty of the Lao PDR

Location :

Vientiane Capital, LAO PDR

Type of Contract :

Individual Contract

Starting Date :

15-Mar-2016

Application Deadline :

05-Mar-16 (Midnight New York, USA)

Post Level :

International Consultant

Duration of Initial Contract :

Period of assignment/Duration: 19 working days (8 days home based and 11 days in Laos)

Languages Required :

English

Expected Duration of Assignment :

Period of assignment/Duration: 19 working days (8 days home based and 11 days in Laos)

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.

Background

In September 2009, the Legal Sector Master Plan was officially adopted by the Government of Lao PDR. The Master Plan lays out a framework for the country’s first broad-ranging legal reform in order to achieve its ultimate goal of establishing a rule of law state by 2020. It is a comprehensive and candid statement of the current needs of the legal system as well as a series of guiding principles for developing a rule of law state and action plan to achieve this goal. The Plan represents an effort at coordinated legal system development consistent with the guidance of the political report of the 9th Party Congress.

In order to support the implementation of the Master Plan, UNDP, together with other donors, launched the Support Project for Implementation of the Legal Sector Master Plan in January 2014. As the first attempt towards a programme-based approach in the legal sector of Lao PDR, the SPLSMP is expected to deliver the following 6 key outputs:

Enhanced capacity, procedures, and standards for legislative development and implementation in Lao PDR;
Improved capacity, structure, and arrangements further improved at legal and judicial institutions for more effective and responsive judicial process;
More systematic development of legal and judicial professionals enabled through the establishment of a unified judicial training institute;
Increased public understanding of legal rights and information, and increased participation in the legal system towards full realisation of their rights;
Lao PDR’s further integration into regional and international communities enabled through adoption, implementation, enforcement, monitoring, and reporting of international legal instruments;
Enhanced capacity of the Secretariat for more effective coordination in the legal sector and implementation of the LSMP.

Lao PDR was established in 1975. On August 14, 1991, sixteen years after the establishment of the Lao PDR, the country's highest legislative organ, the Supreme People's Assembly adopted the Lao Constitution which was later amended on the 6 May 2003. From 1991 to date the government had enacted approximately 103 laws covering a diverse and wide sectors, with the objective of catering to aspects relevant to social, economic growth and protection of human rights.

In accordance with Article 12 of its Constitution, Lao PDR pursues a foreign policy based on peace, independence, friendship and mutual cooperation, the expansion of relations and cooperation with all countries based on the principles of peaceful co-existence, respect for independence, sovereignty, territorial integrity, non-interference in domestic affairs, equality and mutual benefit. Based upon this policy, the Government of Lao PDR attaches importance to international efforts to strengthen the international rule of law and to facilitate the establishment of the rule of law in the country while improving its human rights environment.

To date, Lao PDR has ratified over one hundred treaties seven of the nine core human rights conventions. In addition, Lao PDR has ratified many ASEAN and other regional and bilateral instruments. Implementing and monitoring the application of the relevant obligations under these treaties in domestic law however remains a challenge for Lao PDR. There are significant gaps between national legislation and international legal obligations of Lao PDR. To address these gaps and lacks, the Government of Lao PDR intends to roll out a harmonized approach to the application of international obligations in its domestic context. To this end, Lao PDR intends to streamline the processes and mechanisms applicable to its international obligations and among other steps wishes to amend its law on the ‘Conclusion, Accession and Implementation of Treaties’.

Duties and Responsibilities

The consultant is expected to work close in collaboration with the stakeholders including the representative of the government of Lao PDR, UNDP and other development partners and ensure the reports produced are based on a consultative process.

The consultant will be expected to take a holistic approach in the sector and will fully take into account the local context. The analysis in the reports must where ever possible be based on empirical data and evidence.

The consultant will be based at the LSMP Secretariat and will work in close coordination with the project team for a period up to 19 working days (8 days home based and 11 days in Laos). As this consultancy is specifically relevant to output 5 (stated above) of the project, the consultant will be expected to closely collaborate with Department of Treaties and Law, MOFA.

A detail scope of work and deliverable with relevant time lines are outlined below.

Desk Review (1 Days) – In country.

The consultant will be expected to familiarize himself/herself with relevant literature for this work, including but not limited to:

Legal Sector Master Plan;
SPLSMP project document;
Terminal Reports of International Law project;
Constitution of Lao PDR and Relevant laws;
The Five-Year National Socio-Economic Development Plan (2011-2015);
Prepare a mission plan/ schedule including meetings, discussion and key informant interviews (in consultations with the project).

Preliminary meetings with stake holder and review the existing and the draft law ( 2 days - in country).

Discussions with government stake holders, UNDP and donor community.

Deliverables No.1:

Debriefing session with SPLSMP secretariat on all discussions held with the government and other stake holders;
Meeting schedule with stake holders for detailed consultations;
Draft report identifying gaps in the existing law and draft law with proposed recommendations to the draft law.

Desk review - best practices from the ASEAN region and beyond (8 days – home based )

During this period the consultant is expected to research best practices found in national laws from the selected four ASEAN countries and 3 other countries beyond the ASEAN region. The countries will be identifies by the Department of Treaties and Law, MOFA in consultation with SPLSMP.

Consultations and workshops with drafting committee ( 8 days - in country and ).

During this period, the consultant will be expected to conduct detailed discussion with members of the drafting committee. During the consultations the expert will be expected to discuss the practical application of provisions mentioned in the draft law. S/He will be expected to identify the extent to which the draft law can fill current gaps and address Lao PDR objectives to better comply with international standards.

Deliverables No.2:

Report on best practices from the region and above;
Report giving detailed recommendations to improve the draft law including the necessary wordings , relevant situations and commentaries;
Provide comprehensive technical guidance trough out the drafting process.

Note: UNDP and the Government reserve the right to give comments on the draft report prior to finalization)

Preliminary meetings with stake holder and review the existing and the draft law ( 2 days - in country).

Discussions with government stake holders, UNDP and donor community.

Deliverables No.1:

Debriefing session with SPLSMP secretariat on all discussions held with the government and other stake holders;
Meeting schedule with stake holders for detailed consultations;
Draft report identifying gaps in the existing law and draft law with proposed recommendations to the draft law.

Desk review - best practices from the ASEAN region and beyond (8 days – home based).

Consultations and workshops with drafting committee ( 8 days - in country and ).

Deliverables No.2:

Report on best practices from the region and above;
Report giving detailed recommendations to improve the draft law including the necessary wordings , relevant situations and commentaries;
Provide comprehensive technical guidance trough out the drafting process;

Note: UNDP and the Government reserve the right to give comments on the draft report prior to finalization).

Competencies

Functional Competencies:

Shares knowledge and experience;
Plan and prioritizes work activities to meet organizational goal;.
Builds and sustains relationships with key constituents (international/external/bilateral/ multilateral/public/private/civil society);
Conceptualizes and analyzes problems to identify key issues, underlying problems, and how they relate;
Demonstrates excellent and effective written and oral communication skills;
Demonstrate respect to knowledge and culture and religion in a multidisciplinary working environment;
Applies the required depth and breadth of knowledge and expertise to meet job demands;
Uses information technology effectively as a tools and resource;
Demonstrated flexibility and adaptability in taking on this type of consultancy.

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;
Treats all people fairly without favoritism;
Fulfills all obligations to gender sensitivity and zero tolerance for sexual harassment.

Required Skills and Experience

Education:

Master’s degree on International Law.

Experience:

At least 15 years of extensive experience in conducting similar analysis /research/ developing manuals related to international law or related fields;
Experience in working with governments and institutions;
Demonstrated flexibility and adaptability in taking on consultancy for development projects;
Familiarity with the country or the region strongly preferred;
Understanding of development issues in Lao PDR and its contexts will be an asset.

Languages:

Fluency in spoken and written English including excelling drafting skills, particularly in being able to write documents (such as reports and the questionnaire) concisely and in simple-to-understand English that is easy to translate into another language.

Requirements for submission of proposals:

All interested and qualified candidates should apply on-line using the following links:

UNDP Lao PDR Country Office website at http://www.la.undp.org/content/lao_pdr/en/home/operations/jobs/
Or UNDP Jobs at http://jobs.undp.org/cj_view_jobs.cfm.

In order to make submission please read the attached relevant documents which are also available on our website:

TOR (Annex I);
Individual Contract & General Terms and Conditions (Annex II);
Offeror's letter to UNDP to UNDP confirming interest and availability(Annex III).

Documents to be included when submitting the proposals

Interested individual consultants must submit the following documents/information to demonstrate their qualifications:

Technical and Financial Proposal as per Annex III “Offeror's letter to UNDP confirmin interest and availability”;
Explaining why you are the most suitable for the work;
Providing a brief methodology on how you will approach and conduct the work including the work schedule for the delivery of outputs/deliverables;
Some samples of teaching syllabus that you have used in the past;
CV including past experience in similar projects and contact reference of at least 3 references for whom you have rendered preferably the similar services.

Note:

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 (including travel, per diems, and number of anticipated working days). All envisaged travel costs must be included in the financial proposal. UNDP accept travel costs not exceeding of an economy class air ticket.

Please kindly refer to the Terms of Reference Annex I for detailed information on:

Project’s background;
Scope of work and Responsibilities;
Deliverables;
Requirements for Experience and Qualifications.

Evaluation of Proposals:
Cumulative analysis

The award of the contract will be made to a consultant who offer has been evaluated and determined as Responsive/compliant/acceptable; and
Having received the highest score out of a pre-determined set of weighted technical and financial criteria;
Technical Criteria weight; [0.7];
Financial Criteria weight; [0.3].

Only a consultant obtaining a minimum of 70% (49 points) in the technical rating would be considered for the financial evaluation.

Note: Any request for clarification must be sent in writing to the following e-mail:viengmala.phomsengsavanh@undp.org with CC to phadthakone.sophavilay@undp.org.

UNDP Lao PDR will respond in writing by standard electronic mail and will send written copies of the response, including an explanation of the query without identifying the source of inquiry, to all consultants.

The copies of the response will be also placed on our web-site at: http://www.la.undp.org/content/lao_pdr/en/home/operations/jobs/ and linked to the current Procurement Notice.

All interested candidates are encouraged to visit the above web-site for updates.

Please note that only short-listed candidates will be notified.

Qualified female candidates are strongly encouraged to apply.

For more detailed information about UNDP Lao PDR please visit our website at http://www.la.undp.org/lao_pdr/en/home.html