Background

The National Institute of Democracy and Human Rights under the President of Turkmenistan and the United Nations Development Programme (UNDP) are implementing a project entitled “Assistance in implementation of the National Human Rights Action Plan 2016-2020”. The project is focused on engaging the Government of Turkmenistan on its duty and capacity to comply with its international human rights obligations and implementing recommendations of human rights treaty bodies, including the recommendations of the Universal Periodic Review (UPR). Turkmen National Institute for Democracy and Human Rights under the President of Turkmenistan (TNIDHR) is the main implementing partner of the project and coordinating agency for the implementation of the National Human Rights Action Plan (NHRAP).

TNIDHR is chairing the work of the Interdepartmental Commission for monitoring the implementation of international human rights instruments (IC), which was established on the basis of a Presidential Decree in 2007. The mandate of the Interdepartmental Commission (IC), that includes the representatives of around 20 national ministries and agencies, is to coordinate the Government’s efforts aimed at implementing international legal obligations of Turkmenistan in the area of human rights, including implementation, monitoring and reporting under any international human rights instrument signed by Turkmenistan.

In January 2016, the National Action Plan on the Protection of Human Rights in Turkmenistan for the period of 2016-2020 was approved by a Decree of the President of Turkmenistan. The National Plan of Action is a result of collaboration between the Government of Turkmenistan and the United Nations Development Programme (UNDP) and is largely based on the recommendations that Turkmenistan received as the result of the Universal Periodic Review in 2012, as well as recommendations of the other UN human rights Treaty Bodies.

The main objective of the National Action Plan is to protect, promote and enforce human rights and freedoms of people of Turkmenistan. The key idea of this Plan is to move human rights activities from the theory into the scope of practice and routine The National Action Plan covers economic, social and cultural rights, civil, and political rights, the legal system, including the judiciary, law enforcement, and legal profession.

One of the activities of the NRHAP is conducting training sessions for lawyers and attorneys on human rights protection mechanisms with development of the training module for lawyers and attorneys on human rights protection mechanisms. There are six Bar Associations of Turkmenistan across the country. Bar Association of Turkmenistan is a public organization registered in the Ministry of justice of Turkmenistan. However, all six Associations work separately not as a united entity.

Duties and Responsibilities

In accordance with the overall objective of the project and under the supervision of the Project Manager, International Consultant will develop a training manual in Russian language with a detailed methodology and carry out one mission to Turkmenistan to conduct a three-day training of trainers (ToT) on human rights mechanisms and provide additional specialist advice and expertise in the area of human rights and law enforcement as needed. Training will be conducted in Russian language. Therefore, UNDP is looking for a consultant to provide high level technical expertise for this assignment.

In line with the above-mentioned objective of the assignment and under the supervision of the Project Manager and Portfolio Manager, the International Consultant (IC) will have the objective of development of a training manual and conduct a ToT training. To achieve the objective, he or she will work together with to produce the following:

  1. Conduct an in depth review of the “Constitution of Turkmenistan“ (2016), Law on Bar of Turkmenistan” (2015), “Law on Ombudsman” (2016);
  2. Conduct an in depth review of Turkmenistan’s ratified UN human rights declarations; including concluding observations received by Turkmenistan;
  3. Conduct an in depth review of the NHRAP;
  4. Develop a training manual in Russian language on human rights mechanisms for lawyers and attorneys; the manual should have a detailed methodology for conducting trainings: objectives of the manual, facilitators guide, sessions plans, case studies, training materials, list of resources, and suggested literature;
  5. The manual should include the following topics but not limited to:
  • The United Nations Human Rights Mechanisms;
  • Turkmenistan's UN human rights obligations;
  • Concept of Rule of Law and respect for human rights;
  • Human rights context and legal advocacy;
  • The Right to Fair Trail;
  • Role of lawyers in the promotion and protection human rights; Independence and impartiality of lawyers and attorneys;

6. Prepare a detailed training plan, including training programme for the three-day ToT training in Ashgabat;

7. Conduct a four-day mission to Turkmenistan to facilitate a three-day ToT for 20 lawyers and attorneys in Ashgabat;

8. Prepare and submit to UNDP the Final report that will cover the results of the missions and the recommendations/suggestions provided for strengthening capacity of lawyers and attorneys in the area of protection of human rights.

Deliverables and timeframe:

Deliverable 1 prepared through actions 4 and 5 above:

  • Training manual on human rights mechanisms with detailed proposed methodology;

Location: Home based.

Number of days: 17 days.

Deliverable 2 prepared through actions 6 and 7 above:

  • Detailed training plan, including training programmefor the three-day ToT training in Ashgabat;
  • Four-day mission to Turkmenistan; conducted three-day ToT for 20 lawyers and attorneys in Ashgabat.

Location: Four-day mission to Turkmenistan.

Number of days: 4 days.

Deliverable 3 prepared through action 8:

  • Final consultancy report on consultancy assignment (mission, training conducted) with recommendations.

Location: Home based.

Number of days: 4 days.

Payment conditions:

This is an installment-based contract that should cover the costs of consultancy required to produce the above deliverables. The final schedule of payments will be agreed upon in the beginning of consultancy.

Payment will be released in two installments: 1st installment: 50% (for deliverables 1 and 2) and 2nd installment 50% (for deliverables 3) – upon timely submission of respective deliverables and their acceptance by UNDP Turkmenistan.

Competencies

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.

Functional Competencies:

  • Knowledge of and extensive experience working with UN human rights mechanisms;
  • Excellent training, facilitation and communication skills;
  • Results driven, ability to work under pressure and to meet required deadlines;
  • Good understanding and practice of capacity development;
  • Cultural sensitivity;
  • Diplomatic skills.

Required Skills and Experience

Education:

  • Advanced university degree in a relevant field, such as international law and human rights.

Experience:

  • At least 7 years of working experience in capacity and institution building in the area of human rights, rule of law and access to justice;
  • Experience in development of training manuals, guidebooks in the area of  human rights for lawyers, attorneys and justice administration;
  • Knowledge and experience of work in the CIS or Central Asia is an advantage;
  • Good knowledge of the UN mandate in the area of democratic governance is an asset.

Language requirements:

  • Excellent written and spoken Russian; fluency in English.

Submission of applcations:

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

Technical Proposal:

All experts applying for this position are required to provide:

  • Brief (1-2 pages) description of the methodology for the assignment, in particular the methodogy for development of the manual;
  • Financial Proposal with the references to (1) the daily rate for the assignment and within the timing scale indicated in the present TOR, and (2) any other expenses (including transportation costs, accommodation costs, the possibility of vaccination and etc.). Template of the form can be found at: http://www.tm.undp.org/content/turkmenistan/en/home/operations/jobs;
  • Cover letter explaining why they are the most suitable candidate for the assignment;
  • Filled P11 form including past experience in similar projects and contact details of referees (blank form can be downloaded from http://europeandcis.undp.org/files/hrforms/P11_modified_for_SCs_and_ICs.doc; please upload the P11 instead of your CV.

Financial Proposal:

The UNDP will enter into an Individual Contract based on a lump sum amounts. The financial proposal shall represent a detailed, justified and “all inclusive” amount.  In order to assist UNDP in the comparison of financial proposals, the financial proposal shall include a breakdown of this lump sum amount, including:

  • a daily fee for the tasks and an estimated duration as specified in this announcement;
  • travel (to and from the missions);
  • per diems;
  • any other possible costs (including vaccinations, dwelling, communication etc.).

Individual Consultants will be evaluated based on the combined scoring methodology. When using this method, the award of the contract should be made to the individual consultant whose offer has been evaluated and determined as:

  • Responsive/ compliant, and
  • Having received the highest score – out of 100 points.

Out of the maximum score, the score for technical criteria equals 70% - maximum 70 points, and for financial criteria 30% - maximum 30 points.

Technical evaluation (70%, or max 70 points) will take into account the following as per the scoring provided:

  • Education in the area of international law and  human rights – 20 pts;
  • Relevant working experience – 20 pts;
  • Methodology – 20 pt;
  • Good knowledge of the UN mandate in the area of democratic governance – 5 pts;
  • Knowledge and experience of work in the CIS or Central Asia – 10 pts;
  • Fluency in Russian – 15 pts;
  • Fluency in English – 10 pts.

Financial proposal – 30% of total evaluation - max 30 pts.

Only the highest ranked candidates who would be found qualified for the job will be considered for the Financial Evaluation.

Additional requirements for recommended contractor:

Recommended contractors aged 62 and older, and if the travel is required, shall undergo a full medical examination including x-ray, and obtain medical clearance from the UN-approved doctor prior to taking up their assignment. The medical examination is to be cleared by the UN physicians, and shall be paid by the consultant.