Background
UNDP Global Mission Statement:
UNDP is the UN’s global development network, an organization advocating for change and connecting countries to knowledge, experience and resources to help people build a better life. We are on the ground in 166 countries, working with national counterparts on their own solutions to global and national development challenges.
UNDP Afghanistan Mission Statement:
UNDP supports stabilization, state-building, governance and development priorities in Afghanistan. UNDP support, in partnership with the Government, the United Nations system, the donor community and other development stakeholders, has contributed to institutional development efforts leading to positive impact on the lives of Afghan citizens. Over the years UNDP support has spanned such milestone efforts as the adoption of the Constitution; Presidential, Parliamentary and Provincial Council elections; institutional development through capacity-building to the legislative, the judicial and executive arms of the state, and key ministries, Government agencies and commissions at the national and subnational levels. UNDP has played a key role in the management of the Law and Order Trust Fund, which supports the Government in developing and maintaining the national police force and in efforts to stabilize the internal security environment. Major demobilization, disarmament and rehabilitation and area-based livelihoods and reconstruction programs have taken place nationwide. UNDP Programs in Afghanistan have benefited from the very active support of donors. UNDP Afghanistan is committed to the highest standards of transparency and accountability and works in close coordination with the United Nations Assistance Mission in Afghanistan and the UN system to maximize the impact of its development efforts on the ground.
Organizational context:
UNDP Afghanistan’s long term support to the justice sector has entered a new phase with the start of the Afghanistan Access to Justice (AA2J) project. AA2J draws on the lessons learned through previous UNDP justice projects– Strengthening the Justice System of Afghanistan (SJSA), Access to Justice at District Level (AJDL) and Justice and Human Rights in Afghanistan Phase I and phase II.
AA2J Project was initiated in April 2016. The Project will leverage on the work undertaken in phase I and phase II of JHRA and deepen the interventions at the national level and provincial levels and attempt to work across the justice sector, involving the rule of law service providers. The project should also establish links between UNDP’s work on justice and human rights and other relevant projects in the broader Rule of Law portfolio. This process of identifying strategic areas for future engagement and consultation with key stakeholders is supported by the AA2J project.
The project has 3 outcome areas:
- Legal aid and awareness;
- Justice sector coordination with a focus on the Elimination of Violence Against Women (EVAW);
- Capacity development for the Ministry of Justice, particularly about human rights and legislative drafting.
The third component, on capacity development for the Ministry of Justice (MOJ), includes support to the Human Rights Support Unit (HRSU), concretely to improve HRSU’s capacity to scrutinize human rights compliance of the Afghan legal framework, provide training on human rights to staff of relevant Government institutions, and track recommendations from the UN Human Rights Treaty Bodies and Universal Periodic Review (UPR) process. Furthermore, UNDP supports the MOJ to advocate for the promotion of the HRSU into a Directorate funded through the Taskheel, in order to increase the sustainability of the HRSU.
Background on the Human Rights Support Unit
The HRSU was established within the MOJ in 2010. The HRSU is responsible for strengthening the Government’s capacity to fulfil its international human rights obligations in conformity with the Constitution of Islamic Republic of Afghanistan and ratified human rights treaties. It acts as an inter-ministerial mechanism coordinated by the MOJ. It has three main functions: scrutinize human rights compliance of the Afghan legal framework, provide training on human rights to staff of relevant Government institutions, and track recommendations from the UN Human Rights Treaty Bodies and Universal Periodic Review (UPR) process.
Afghanistan is party to major international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR), International Covenant of Economic, Social and Culture Rights (ICESCR), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention on the Rights of the Child (CRC) and its two Optional Protocols, the International Convention on the Elimination of Racial Discrimination (ICERD), the Convention against Torture and Other Inhuman or Degrading Treatment or Punishment (CAT), Convention on Rights of people with Disability (CRPD), which create legal obligations to respect, protect and fulfill human rights for the entire population under its jurisdiction.
The tracking of implementation of these treaties is an appropriate process for the state to strategically align its polices in such a way that communities, including vulnerable and marginalized groups can be brought together to actively participate in the nation-building process. The present tracking process aims at supporting the Government, for meeting its obligations under the ratified treaties. The process will utilize a participatory framework that ensures the process is broad and inclusive, ensuring the participation of civil society and duty bearers in different levels. It is envisaged that at the end of the process, the state reports on the ratified treaties will be produced.
UNDP has been providing technical and financial support to HRSU since its establishment. In 2016, a Capacity Assessment was undertaken following UNDP’s standard methodology, to identify areas for which further capacity development is required. Based on the findings of this capacity assessment, UNDP decided to focus on developing the capacity of the HRSU for tracking human rights obligations, and the implementation of human rights recommendations of UPR and Treaty Bodies.
As regards data collection instruments to monitor the implementation of human rights recommendations, the capacity assessment noted that there is a technical capacity challenge of insufficient skills to collect and triangulate data. Furthermore, the assessment concluded that technical capacities for the development of knowledge products remain weak and that the training capacity of HRSU could also be further strengthened.
In order to improve the capacity of HRSU in the abovementioned areas, the Project is seeking the services of an International Human Rights Specialist with expertise and experience in treaties tracking and State Obligations under International Human Rights Instruments.
Duties and Responsibilities
Scope of Work and Deliverables:
Objectives of the Assignment:
Working under overall supervision of the Head of Human Rights Support Unit and AA2J Project Manager and direct supervision of the AA2J National Legislative Drafting and Human Rights Coordinator, the International Human Rights Specialist will be responsible for providing a strategic vision and technical guidance to HRSU in line with the HRSU capacity assessment report’s recommendations. She/he will be coaching staff of the HRSU and Focal Points of the line ministries how to track implementation of the mentioned 7 human rights treaties and prepare relevant guidance materials.
The Consultant will be tasked to do the following:
Support the HRSU to standardize the existing tracking system with regards to the implementation of the 7
Coach HRSU and line ministries’ staff how to analyze collected human rights data;
Strengthen reporting capacity of the HRSU and line ministries;
Coach the HRSU’s team how to get appropriate data from the line ministries, by providing facilitation techniques and tools;
Coach staff of the line ministries to identify key issues and data relevant for the fulfillment of the ratified treaties;
Build human rights training capacity of the HRSU team (training for trainers);
Identify best practices on the implementation of the UN human rights treaties;
Submit final report on successful completion of the tasks, with lesson learned and recommendations to HRSU and AA2J.
Payment Modality:
The Payments will be processed upon successful delivery of mentioned services and endorsement of MoJ and AA2J in three (3) instalments as per the following deliverables:
Deliverables/ Outputs; estimated time to complete and payment percentage:
Deliverable 1: 13 working days; 30%
Review the HRSU Capacity Assessment;
Prepare a detailed work plan of the assignment;
Prepare standardize questionnaires for HRSU to get information about the implementation of all 7 international treaties;
Review the existing tracking system for the implementation of human rights treaties and develop a new one;
The payment will be processed after the approval of AA2J Component 3 Manager.
Deliverable 2: 22 working days; 50%
Train and coach HRSU and line ministries’ staff with regards to human rights reporting and analyzing human rights data, focusing on best practices on the implementation of the international treaties;
Organize human rights training for trainers and trainings in facilitation techniques for HRSU;
Finalize tracking system;
The payment will be processed after approval of AA2J Component 3 Manager.
Deliverable 3: 5 working days; 20%
Draft and Submit final report on successful completion of the tasks, with lesson learned and recommendations;
- The payment will be processed after the approval of AA2J Component 3 Manager.
Competencies
Corporate Competencies:
Demonstrates commitment to UNDP’s mission, vision and values;
Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
Project implementation experience with the UN system is a strong asset;
Strong organizational and reporting skills;
Results oriented, strong team player with outstanding interpersonal and coordination skills;
Ability to work independently;
Strong managerial competency with experience in results based management and results oriented approach to project implementation;
Ability to establish substantive professional relationships with all stakeholders;
- Familiarity with post-conflict environments is an asset.
Functional Competencies:
Promotes a knowledge sharing and learning culture in the office;
Actively works towards continuing personal learning and development in one or more Practice areas, acts on learning plan and applies newly acquired skills;
Ability to provide top quality policy advice;
In-depth practical knowledge of inter-disciplinary development issues;
Good interpersonal and diplomacy skills that allow for working productively as part of a larger team;
Ability to use critical thinking, conceptualize ideas, and articulate relevant subject matter concisely;
Excellent oral and written communication skills in English, Dari or Pashto;
- Ability to communicate effectively with and relate to people of different cultures, demonstrating an ability to see issues from other perspectives.
Knowledge Management and Learning
Shares knowledge and experience;
- Actively works towards continuing personal learning, acts on learning plan and applies newly acquired skills.
Development and Operational Effectiveness
Ability to perform a broad range of activities aimed at effective and efficient functioning of human rights support unit of MOJ;
Confidentiality of MOJ;
- Ability to provide input to business processes re-engineering, elaboration and implementation of new data management systems.
Leadership and Self-Management
Focuses on result for the client and responds positively to feedback;
Consistently approaches work with energy and a positive, constructive attitude;
Remains calm, in control and good humoured even under pressure;
- Demonstrates openness to change and ability to manage complexities.
Required Skills and Experience
Academic Qualifications:
- Master Degree in Law, human rights and similar related fields.
Experience:
Minimum 7 years of practical experience in research, teaching and learning methodologies, as well as, coordination and facilitation of events/policy dialogue related to Human rights and tracking of UN human rights treaties;
Previous experience in working with Human Rights bodies, government officials, academics, CSOs etc.;
Previous experience in working with UN agencies, particularly OHCHR, UNDP etc., Amnesty International, Human Rights Watch, National Human Rights Institutions, Ombudsman offices and similar on tracking the implementation of the Human Rights treaties is a significant asset.
Extensive experience in provision of human rights capacity building interventions to various stakeholders
Extensive experience in reporting and tracking the implementation of human rights treaties, drafting UPR etc.
Ability to interact and engage with high level Government officials and policy-makers;
Knowledge and experience of legislative, judicial and Human rights processes in Afghanistan;
Demonstrated ability in using diverse training methods and strategies.
Language Requirements:
Fluency in English (written and spoken) is required.
Fluency in Pashto/Dari (written and spoken) is desirable.
Working Arrangements
Institutional Arrangements:
The consultant will be working under overall supervision of the Head of Human Rights Support Unit and the AA2J Project Manager and direct supervision of Legislative Drafting and Human Rights Coordinator of AA2J project, in close collaboration with MOJ.
The Consultant will be provided with office space in the AA2J office and work at the MOJ as required for the duration of his/her contract with UNDP.
Duration of work
The total duration of this assignment will be three months with maximum 40 working days (two trips of 20 working days).
Duty station
The duty station is Kabul, Afghanistan for the entire duration of the contract. At all times the consultant is required to observe and strictly follow UNDP security and other rules and regulations.
Price Proposal and Schedule of Payment
The contractor shall submit a price proposal as below:
Daily Fee – The contractor shall propose a daily fee, which should be inclusive of his/her professional fee, local communication cost and insurance (inclusive of medical health insurance and evacuation). The number of working days for which the daily fee shall be payable under the contract is 40 working days (two trips of 20 working days);
The contractor shall propose a Living allowance at the Kabul applicable rate of USD 162 per night for his/her stay at the duty station. The number of nights for which the Living allowance shall be payable under the contract is 54 nights. The contractor is NOT allowed to stay in a place of his choice other than the UNDSS approved places. UNDP will provide MORSS compliant accommodation in UNOCA to the contractor. The payment of accommodation shall be made directly by the contractor.
Travel & Visa – The contractor shall propose an estimated lump-sum for home-Kabul-home travel (economy most direct route) and Afghanistan visa expenses.
The total Professional fee, shall be converted into a lump-sum contract and payments under the contract shall be made on submission and acceptance of deliverables under the contract in accordance with the schedule of payment linked with deliverables.
Evaluation Method and Criteria
Individual consultants will be evaluated based on the following methodology:
Cumulative analysis
The award of the contract shall be made to the individual consultant whose 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 specific to the solicitation.
* Technical Criteria: weight 70%
* Financial Criteria weight 30%
Only candidates obtaining a minimum of 49 points (70% of the total technical points) would be considered for the Financial Evaluation.
Technical Criteria – Maximum 70 points
Criteria A: Technical Approach & Work Plan (30 points)
Technical Approach & Methodology (20 marks) – This explain the understanding of the objectives of the assignment, approach to the services, methodology for carrying out the activities and obtaining the expected output, and the degree of detail of such output. The Applicant should also explain the methodologies proposed to adopt and highlight the compatibility of those methodologies with the proposed approach.
Work Plan (10 marks) – The Applicant should propose the main activities of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by the Client), and delivery dates. The proposed work plan should be consistent with the technical approach and methodology, showing understanding of the TOR and ability to translate them into a feasible working plan.
Criteria B: Qualification and Experience (40 marks) [evaluation of CV]:
Education – 5 points;
Technical experience – Three (3) years of experience in training/workshop development, design and implementation – 20 points;
- Experience in supporting capacity building and training programs with government or public sector institutions – 15 points.
Documents to be included when submitting the proposals:
Interested individual consultants must submit the following documents/information to demonstrate their qualifications in one single PDF document:
- Duly accomplished Confirmation of Interest and Submission of Financial Proposal Template using the template provided by UNDP (Annex II);
- Personal CV or P11, indicating all experience from similar projects, as well as the contact details (email and telephone number) of the Candidate and at least three (3) professional references.
Technical proposal:
Brief description of why the individual considers him/herself as the most suitable for the assignment;
- A methodology, on how they will approach and complete the assignment and work plan as indicated above.