International Consultant to conduct review of selected national legislation for compliance with Convention on the Rights of Persons with Disabilities


Location : Home-based, with two missions to Dushanbe, Tajikistan
Application Deadline :27-Jun-18 (Midnight New York, USA)
Type of Contract :Individual Contract
Post Level :International Consultant
Languages Required :
English  
Duration of Initial Contract :30 working days (two travels, 5 w/d each, excluding days to and from Dushanbe)
Expected Duration of Assignment :July - November 2018

Background

According to the statistical data of the Ministry of Health and Social Protection, there are about 150 thousand of people with disabilities in Tajikistan. Persons with disabilities face multiple deprivations and cannot realize their full potential due to legal, social, structural, and institutional barriers, both in the public and private spheres. Also, there are significant obstacles in providing holistic, timely, decentralized, and efficient care for people with disabilities in need of services and assistance. The system continues to be based on medical and charity models rather than a rights-based social model. Limited awareness in all sectors and at all levels on the rights and needs of adults and children with disabilities; a shortage of adequately trained personnel to provide appropriate services, particularly at the community level; lack of agreed standards for service provision; lack of physical accessibility to services and infrastructure; and, lack of access to opportunities and services to improve the quality of daily life and promote overall wellbeing remain as a main challenges in promoting the rights and inclusion of persons with disabilities in Tajikistan. In addition, persons with disabilities often experience direct and indirect discrimination and have fewer opportunities to participate in all spheres of society including areas of health, education, vocational training, income generation, and development initiatives. Women with disabilities are subject to double discrimination based on their gender and their disability.

Tajikistan has a broad legislative framework to protect and promote the rights of persons with disabilities, however, implementation is reportedly weak and there appears to be an absence of mechanisms to monitor and report on implementation of these norms.

In 2016 Tajikistan adopted the multi-sectoral National Programme on Rehabilitation of People with Disabilities 2017-2020, which is in line with the Convention on the Rights of Persons with Disabilities (CRPD). The National Programme was the first normative document on disability issues since the independence of the country in 1991 and addresses the rights of persons with disabilities in the spheres of health, rehabilitation, education, livelihood, social protection, culture, accessibility, justice, etc. The multi-sectoral National Programme provides a long-term vision and a road map on the rights of persons with disabilities in Tajikistan up to 2020.

With timely financial and technical contribution of UNPRPD, a comprehensive analysis of disability issues was carried in 2015. The outcomes of this work were used to ensure that the National Development Strategy 2016-2030 (NDS) and the Mid-Term Development Strategy for 2016-2020 (MTDS) endorsed by the Government in 2016 take due consideration of the issues and rights of persons with disabilities.

In 2013 the Government of Tajikistan established a Governmental Working Group for CRPD (WG CRPD). UN Agencies have been instrumental in garnering support for this process and contributed to an increased commitment from the Government for development of inclusive policies, systems and services in accordance with the Convention. Building on these achievements, the WG CRPD has drafted a plan of action, which included carrying out a review and revision of legislation and accession to the CRPD, as well as an awareness raising campaign, which addressed the stigma and discrimination against persons with disabilities. A comprehensive analysis of disability issues was carried out providing case scenarios for joining, accessing or ratifying the CRPD. As a result, during the second cycle of the Universal Periodic Review (UPR) in 2016, the Government accepted the recommendations to join the CRPD. In 2017, Tajikistan adopted a UPR Action Plan, which includes measures related to CRPD and its Optional Protocol.

During the last quarter of 2017 the complete package of documents for Tajikistan joining CRPD was sent out to the Executive Office of the President of the Republic of Tajikistan. On March 2018 the CRPD was signed by President at the UN headquarters. Thus, the Republic of Tajikistan joined the United Nations Convention on the Rights of Persons with Disabilities.

In order to facilitate further accession and/or ratification of UN CRPD by Tajikistan, a comprehensive review of legislative framework is required. In view of this, UNDP intends to hire the International Consultant who will conduct a legislative review of selected national laws for their compliance with UN CRPD requirements, including on gender sensitive and gender equality specific aspects and prepare a robust Government Action Plan subsequent to CRPD.


Duties and Responsibilities

DUTIES AND RESPONSIBILITIES        

The International Consultant will be responsible for implementing the following tasks:

  • Review the selected legislative documents in a participatory manner taking into account the diversity of the experiences of disability by persons, including women with different types of disability;
  • Provide recommendations for compliance of selected laws with UN CRPD requirements, including but not limited to human rights based approaches, gender sensitive and gender equality specific aspects, as well as respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons, non-discrimination, full and effective participation and inclusion in society, respect for difference and acceptance of PWD as part of human diversity and humanity, equality of opportunity, accessibility, equality between men and women, respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities and etc; 
  • Elaborate recommendations on the directions of public awareness campaign on promotion of rights of people with disabilities, including gender aspects, based on the preliminary results of the legislative review and in consultation with organizations of people with disabilities;
  • Elaborate amendments to the selected legislative documents in line with Tajikistan legislation and legislative/regulatory requirements/norms;
  • Present the outcomes of the legislative review to the stakeholders, including to representatives of organizations of people with disabilities, women with disabilities and Governmental working group on joining UN CRPD, address comments and finalize a document;
  • Prepare a robust Government Action Plan subsequent to CRPD signing with clear and concrete measures including distribution of roles and responsibilities, timeframe and funding sources as well as measurable indicators well aligned with SDG and NDS / Review the Action Plan of Governmental Working on joining UN CRPD and elaborate recommendations to improve on clarity of distribution of roles and responsibilities, timeframe and funding source, measurability of indicators, as well as plan`s alignment with SDGs, National Development Strategy and Mid-Term Development Plan, as well as other sectoral Strategies and Programmes.  

For detailed information, please refer to annex 2- Terms of Reference of the below link.


Competencies

Functional Competencies:

  • Strong interpersonal skills, communication and diplomatic skills, ability to work in a team;
  • Ability to receive/integrate feedback;
  • Ability to work under pressure and stressful situations;
  • Ability to plan and organize his/her work, efficient in meeting commitments, observing deadlines and achieving results;
  • Strong analytical, reporting and writing abilities.

Corporate Competencies:

  • Demonstrates integrity by modelling 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 favouritism;
  • Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment. 


Required Skills and Experience

Education:

  • Post-graduate degree in law, social sciences, human rights, and/or any other related fields .

Experience:

  • Previous experience in supporting legislative and institutional reforms in developing countries focusing on human rights, gender, etc. Experience in promoting the rights of persons with disabilities is a strong advantage;
  • Previous experience in writing high level policy papers, development of legislative documents (laws, by-laws, amendments, etc.);
  • Good understanding of the Convention on the Rights of Persons with Disabilities and it’s key requirements;
  • Proven work experience in legislative analysis, studies, surveys and/or other relevant assignments, especially in areas related to disability;
  • Experience in working with international development partners (donors, UN agencies, etc.) is asset.

Language:

  • Fluency/proficiency in English (both oral and written) is required; Knowledge of Russian would be a strong advantage .

Application Procedure:

Please follow the link to the Individual Consultant Procurement Notice: 

http://www.undp.tj/va/upload/va/ICPN_International%20Consultant%20on%20PWD%20issues.doc

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 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.


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