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 as a whole 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 (JHRA) 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 particular focus on the Elimination of Violence Against Women (EVAW);
- Capacity development for the Ministry of Justice, particularly as regards human rights and legislative drafting.
The third component, on capacity development for the Ministry of Justice, includes support to the Taqnin (legislative drafting department) and line ministries to draft laws and other legal documents in line with the international standards. This includes a stage programme for Taqnin that aims to develop the capacity of the Taqnin staff.
Duties and Responsibilities
Scope of Work and Deliverables:
Objectives of the Assignment:
Working under overall supervision of the Director of Taqnin and AA2J Project Manager and direct supervision of the AA2J National Legislative Drafting and Human Rights Coordinator, the international Consultant will develop a Legislative drafting manual (or review existing manuals) and build capacity of the Taqnin and line ministries’ legal drafters how to use the manual and consequently draft laws and other legal documents in compliance with the international standards.
Expected Outputs and Deliverables
The Consultant will be responsible for the following tasks:
Undertake a needs assessment in order to identify the gaps and deficiencies of the current legal drafting procedures in Taqnin and line ministries through the following specific activities:
Interview the professional members of Taqnin and line ministries, those who are involved in drafting of the specific laws and regulations, then legal advisors etc.;
Review relevant documents in Taqnin and line ministries eg. drafted Regulations, procedures, Reports, assessment etc.
Provide technical and strategic advice to the head of Taqnin on developing strategic visions and legal documents;
Provide technical support to the Taqnin to scrutinize legal documents as per new research methodologies;
Provide technical assistance to Taqnin how to implement and monitor the implementation of the legislative calendar;
Standardize law drafting process through reviewing existing law drafting manuals, to be in line with the highest international standards;
Complete the comprehensive new legislative drafting manual for Taqnin and line miniseries to ensure compliance with the international standards and research methodologies;
Assist in the development of legislative process checklist to standardize the legislative process system based on the MOJ strategic plan;
Facilitate and lead training sessions on how to use legislative drafting manual;
Familiarize law drafters with modern methods and techniques of legislative research and legislative drafting;
Submit final report on successful completion of tasks, with lessons learnt and recommendations, to MOJ 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: 15 working days; 30%
Prepare a detailed work plan of the assignment;
Undertake a needs assessment.
The payment will be processed after the approval of the delivery by component manager.
Deliverable 2: 30 working days; 50%
Review all relevant documents and existing legal drafting manuals;
- Develop legislative manual;
The payment will be processed after the approval of the delivery by component manager.
Deliverable 3: 15 working days; 20%
Finalize legislative manual;
Organize trainings sessions for Taqnin and line ministries;
Submit final report with lessons learnt and recommendations.
The payment will be processed after the approval of the final report by component 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 in a clear and concise way;
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 stage program 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 or 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 legal drafting and legislative reform;
Previous experience of working with legislative bodies, government officials, academics, CSOs etc.;
Extensive experience in provision of legal capacity building interventions to various stakeholders;
Extensive experience in legal drafting and building capacity of legal drafters how to draft laws;
Ability to interact and engage with high level Government officials and policy-makers;
Previous experience of working with similar legislative reform processes will be an asset;
Knowledge and experience of legislative and judicial processes in Afghanistan;
Familiarity with legal experts from Afghanistan;
Demonstrated ability in using diverse training methods and strategies.
Language Requirements:
Fluency in English (written and spoken) is must. Fluency in Pashto/Dari (written and spoken) desirable.
Working Arrangements
Institutional Arrangements:
The consultant will be working under overall supervision of the Director of the Taqnin 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 follow UNDP working hours, ie Sunday-Thursday 07:30-16:00.
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.
Work related communication costs will be covered directly by the project.
Duration of work
The total duration of this assignment will be 5 months with maximum 60 working days (two trips of 20 working days and home based 20 working days).
Duty station
The duty station of the consultant is Kabul, Afghanistan for 40 working days and home based 20 working days in 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 60 working days (two trips of 20 working days and home based 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 past 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.