UNDP Jobs - 71944- International Consultant to conduct comprehensive

International Consultant to conduct comprehensive review of key national legislation relating to access to justice, rule of law and free legal aid for its compliance with international human rights and rule of law standards

Location :

Home-based with one mission to ASHGABAT, TURKMENISTAN

Type of Contract :

Individual Contract

Starting Date :

15-Jun-2017

Application Deadline :

05-May-17 (Midnight New York, USA)

Post Level :

International Consultant

Duration of Initial Contract :

15.06.2017-01.08.2017

Languages Required :

English Russian

Expected Duration of Assignment :

30 working days (depending on the time and volume of the review process)

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 2017 the United Nations Development Programme (UNDP) is launching a joint project with the Supreme Court of Turkmenistan entitled “Cooperation in implementation of the NHRAP for 2016-2020 in the area of rule of law and the access to justice”. Current project will aid the Supreme Court of Turkmenistan in implementation of its obligations under the Constitution of Turkmenistan, National Human Rights Action plan for 2016-2020, and Sustainable Development Goals that Turkmenistan undertook upon itself in the area of rule of law and access to justice.

In January 2016, the National Action Plan of Turkmenistan on Human Rights for 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 NHRAP includes several actions pertaining to the mandate of the Supreme court, Ministry of Justice, Prosecutor Office and others: conducting training sessions for judicial officers, law enforcement officers and civil servants, in particular on civil and political rights, providing free legal assistance, in particular to vulnerable groups, improvement of national legislation on Bar Association, improvement of work on handling appeals and petitions of citizens, and others. UNDP has committed to providing support to the Government in quality implementation of these actions and through them strengthening the Government’s ability to provide services to the population in the area of rule of law, as well as ensuring better access to justice for the population of the country.

One of the specific activities of the NRHAP is “Comprehensive review of key national legislation relating to access to justice, rule of law and free legal aid for its compliance with international human rights and rule of law standards and development of recommendations on changes, improvements, and additional legislative and institutional measures ensuring protection of human rights, the access to justice of the most vulnerable groups and upholding rule of law”. In view of the above, UNDP Turkmenistan is planning to design and deliver a comprehensive review of the key legislation and develop recommendations based on the review.

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 methodology to review the key laws that relate to the sphere of access to justice and rule of law, e.g. Criminal Codes, Criminal Procedure Codes, etc., with the aim of improving it to meet the best international standards to ensure its compliance with protection of human rights.

The assignment will consist of the development of a detailed methodology of the review of the key national legislation pertaining to the sphere of access to justice as well as development of relevant recommendations for its improvement based on the best international standards of human rights protection of the same legislation. The review and recommendations will serve as basis for further activities within the project.

Therefore, UNDP is looking for a consultant to provide high level technical expertise for this assignment.

Scope of work:

In line with the above-mentioned objective of the assignment and under the supervision of the Project Manager and Project Specialist, the International Consultant (IC) will have the objective of development of a detailed methodology to review the key legislation and the list of recommendations based on the review. To achieve the objective, he or she will work together with the Project Manager and Project Specialist to produce the following:

Action one: Prepare a detailed methodology of the review of key national legislation that relates to the sphere of access to justice, rule of law, and free legal aid;
Action two: Conduct a review of the above-mentioned legislation;
Action three: Conduct interviews with relevant staff of the relevant national authorities (Ministry of Justice, Supreme Court, National Institute of Democracy and Human Rights; Office of the Ombudsperson);
Action four: Review the legislation on its conformity with international human rights and rule of law standards and prepare a report;
Action five: Develop a list of recommendations for necessary legislative and institutional enhancements to ensure protection of human rights, the access to justice of the most vulnerable groups and upholding rule of law.

Deliverables and timeframe:

Deliverable 1 prepared through action 1:

Proposal with a detailed proposed methodology;

Location: Home based. Number of days: 5.

Deliverable 2 prepared through actions 2, 3 and 4:

15-day mission to Turkmenistan; conducted interviews with representatives of relevant national authorities and reviewed key national legislation;
Detailed report on the conclusions of the review;

Location: Ashgabat. Number of days: Depending on the scope, timeframe and the volume of the review process.

Deliverable 3 prepared through action 5:

Detailed list of recommendations on legislative and institutional enhancements;
Final consultancy report on consultancy assignment (mission, training conducted) with recommendations.

Location: Home based. Number of days: 10 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 judicial training centers;
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 institutional capacity in the area of human rights, rule of law and access to justice to judges, attorneys;
Experience in reviewing the national and international legislation, as well as taking part in the drafting of relevant national and international legislation to comply with international standards;
Solid knowledge of human rights protection and access to justice mechanisms;
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:

Fluency in Russian; English - working level.

Submission of applications:

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;
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.).

Evaluation of proposals:

Individual Consultants will be evaluated based on the combined scoring methodology. When using this weighted scoring 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 of at least 7 years – 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.

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.