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 Afghanistan is supporting the Government to find innovative solutions to its development challenges based on the Country Programme Document approved by the Executive Board for the period 2015 – 2019. Key priority areas for UNDP assistance are strengthening accountable governance, justice and rule of law, equitable and inclusive development, and social equity, with special attention to women. UNDP Afghanistan seeks to achieve transformational change in an environment of high complexity and insecurity. Conflict sensitivity is applied throughout the programme, and is mainstreamed in all projects. Political, economic, and conflict analysis of the provinces where UNDP works will be undertaken through UNDP’s regional hubs at the sub-national level. This will have to be accompanied by greater use of national systems, focus on capacity development instead of capacity substitution and helping to phase out parallel structures, and strengthen approaches to regionalization.
Organizational Context
The UNDP Afghan Country Office Rule of Law and Human Security (ROLHS) unit manages a number of projects within its portfolio including the Afghanistan Access to Justice (AA2J) project. AA2J was launched in April 2016 as successor project to the Justice and Human Rights in Afghanistan (JHRA) project. AA2J is a project with a three-year duration, from 1 April 2016 to 31 March 2019. Its main objective is to increase and make access to justice more sustainable for the Afghan people, in particular for vulnerable and marginalized groups. After the Mid-term Review conducted in Q1 of 2018, it’s recommended that the ROLHS unit should improve the AA2J project by revising its substantive focus and changing project’s structure. To achieve this, AA2J now targets these needs and institutions that are vital for the continuation and strengthening of basic access to justice, through the following two project outputs namely:
Output 1: Afghans, in particular women, children, prisoners and pre-trial detainees, are increasingly aware of their rights and receive legal aid;
Output 2: National Justice Institutions’ capacities are strengthened through a specific focus on regulatory and policy frameworks to ensure an accountable, transparent, inclusive and gender responsive service delivery.
Gender-related activities are now imbedded into the above 2 outputs and no longer has its stand-alone output. The Project Board agreed to establish an international Technical Specialist for the project to provide technical advice and inputs and to ensure that the project substantively and efficiently delivers its results within its remaining 9 months period as well as support the design of its 2nd phase.
Objective of the assignment:
The Consultant will be responsible to assist the AA2J programme Development Expert through advisory support for designing the new project interventions for the second phase of the AA2J project. The consultant valuable expertise in traditional justice will allow him / her to with a focus on developing linkages between formal and informal / traditional justice in Afghanistan and strengthen access to justice for the women and children i.e. gender lens; throughout the new phase of the AA2J project.
Duties and Responsibilities
Scope of Work and Deliverables:
The international consultant – Traditional Justice Adviser will:
Provide technical inputs in the development of the 2nd phase of Afghanistan Access to Justice project with both the narrative and logical framework. In particular, assist in conducting the baseline and impact assessments on the justice sector with a specific focus on the linkages between the formal and traditional justice sector with a focused cross cutting issue on strengthening gender justice;
Work closely with the M&E advisor in seeing through the baseline assessment through a “justice sector survey” with a specific focus on strengthening formal justice and traditional justice mechanisms with a cross cutting gender dimensions to strengthening gender justice in Afghanistan. This study will form the basis for identifying the recommended entry points for the UNDP to advance new initiatives on working closely with the traditional justice sector, with a specific focus on gender justice. This is in addition to advancing the support to the Government of Afghanistan in relation to Access to Justice and Rule of Law & Human Security perspectives. The possibility of identifying possible work on the EVAW law 2009 would also be considered;
Recommend strategic partnerships with different stakeholders for the 2nd phase of AA2J and the potential work areas on Access to Justice with a specific focus on “Traditional Justice” and “Gender Justice.” Identify scope of collaboration between each of the areas and UNDP;
Consult with all key stakeholders to identify their priorities, demand and capacity in order to provide technical inputs to the project development;
Develop a roadmap and implementation plan for AA2J, with a focus on traditional justice sector and strengthening its linkage with the formal justice sector and the cross cutting issues of gender justice throughout all project documents for AA2J;
Develop a complete draft Project Document for AA2J’s 2nd phase with all UNDP’s corporate requirement with a focus on Traditional Justice, Formal Justice and Gender Justice in Afghanistan for increasing Access to Justice for all;
Develop comprehensive interventions for Traditional Justice i.e. bringing gaps and linking formal and informal justice with a cross cutting focus on Gender Justice related interventions jointly with UN Women.
Expected Outputs and Deliverables:
Expected Deliverables under this assignment shall include:
Deliverable 1; 22 working days; 25%
Assist the AA2J Programme Dev elopement Expert in producing the first draft of the AA2J Pro Doc for the second phase of the project, for implementation from April 2019 onward – with a specific focus on traditional justice and linkages between formal and traditional in Afghanistan;
Assist the team of consultants conducting impact evaluations and functional reviews of the AIBA and LAD of MoJ to design a new procedure for LAGF implementation in second phase of AA2J;
Assist the M&E team set up Rule of Law Survey and specifically include sections for the survey on improving AA2J and Traditional Justice in Afghanistan;
Finalise the First draft of the Pro Doc on Gender Justice in collaboration with UN Women and submit it for review to the Italian Development Corporation – with a specific focus on mobilizing Access to formal and traditional justice for women in Afghanistan.
Deliverable 2: 22 working days; 25%
Present the first draft of the AA2J pro doc for the second phase of the project to be implemented from April 2019, along with the AA2J programme development expert, before the Technical Working Group for Justice under the new LOTFA – MPTF for comments and review;
Similarly present the first draft of the AA2J pro doc for the second phase of the project to be implemented from April 2019 before SDC for comments and review;
Assist the M&E team set up Rule of Law Survey and specifically include sections for the survey on improving AA2J and Traditional Justice in Afghanistan;
Present the first draft of the Pro Doc on Gender Justice project to be before the Technical Working Group for Justice under the new MPTF for comments and review;
Assist the team of consultants conducting impact evaluations and functional reviews of the AIBA and LAD of MoJ to finalise their report and incorporate their recommendations to the Second Draft of the AA2J pro doc for the second phase of the project to be implemented from April 2019 onward.
Deliverable 3: 22 working days; 25%
Assist the AA2J programme Development Ex[pert in producing the final draft of the AA2J Pro Doc for the second phase of the project and receive confirmation from the Technical Working Group and Steering Committee of the new MPTF on LOTFA as well as SDC for implementation starting April 2019;
Finalise the Pro Doc on Gender Justice in collaboration with UN Women and receive confirmation from the Technical Working Group and Steering Committee of the new MPTF on LOTFA as well as the Italian Development Corporation for implementation starting April 2019.
Deliverable 4: 22 working days; 25%
Assist the Programme Management Specialist in the closure of the first phase of the AA2J project that ends on March 2019;
Assist the country office and project staff of AA2J in setting up the implementation of the new project i.e. the second phase of the AA2J project – for implementation that begin in April 2019;
- Submision and acceptance of a Final Report by ROLHS/AA2J management on all the work undertaken by the consultant.
Payment Modality:
Payments under the contract shall be delivery based and be made on receipt of the specific milestone reports indicated above. These shall be made upon approval by ROLHS/AA2J Programme Management Specialist. The draft report of the evaluation and recommendations will be reviewed by AA2J and ROLH Unit. Upon receipt of final comments, the consultant shall finalize the evaluation for formal acceptance by UNDP at which point the final payment shall be released.
Competencies
Corporate Competencies:
- Demonstrates integrity by modeling the UN’s values and ethical standards;
- Promotes the vision, mission, and strategic goals of UNDP;
- Maturity combined with tact and diplomacy;
- Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
- Treats all people fairly without favoritism.
Functional Competencies: Knowledge Management and Learning
- Promotes a knowledge sharing and learning culture in the office;
- Ability to conduct required research, analyze and produce proposals and reports;
- Excellent analytical aptitude, communication, writing and presentation skill;
- Commitment and enthusiasm for development work;
- In-depth knowledge on development issues;
- Ability to advocate and provide policy advice;
- Actively works towards continuing personal learning and development in one or more Practice areas, acts on learning plan and applies newly acquired skills.
Special skills requirements:
- Focuses on impact and result for the client and responds positively to feedback;
- Demonstrates openness to change and ability to manage complexities;
- Leads teams effectively and shows conflict resolution skills;
- Consistently approaches work with energy and a positive, constructive attitude;
- Ability to work collaboratively with colleagues in a multi-cultural and multiethnic environment;
- Builds strong relationships with clients and external actors;
- Remains calm, in control and good humored even under pressure;
- Demonstrates openness to change and ability to manage complexities;
- Demonstrated ability to speak and write professionally in English;
- Excellent writing skills;
- Ability to work independently with strong sense of initiative, discipline and self-motivation.
Required Skills and Experience
Academic Qualifications:
Master’s in laws (LLM) or Juris Doctorate (JD) in Law from a recognised university is required. Education background in International Law, International Human Rights, International Relations, Political Science, Development Studies, or other relevant discipline would be an advantage.
Experience:
- A minimum of 5 years of experience in law, justice sector reform and international development programming is required;
- Extensive international expertise on traditional justice sector reform is required;
- Knowledge of the socio-political context of Afghanistan, in particular the formal and informal justice system is required.
Languages:
- Fluency in written and spoken English is required;
- Knowledge of Dari and/or Pashto would be an asset.
Working Arrangements
Institutional Arrangements:
- The consultant will work under the overall guidance of the Head of the Rule of Law and Human Security Unit and direct supervision of the Programme Management Specialist in close collaboration with the AA2J Project Manager and Project staff;
UNDP will provide office space and internet access, logistical support, transport and security, applicable to UNDP international personnel. The consultant however is expected to bring his/her own laptop and mobile phone (UNDP will provide a local pre-paid SIM card). Costs to arrange meetings, workshops, travel costs to and DSA during field visits (if any) shall be covered by UNDP.
Duration of the Work:
The total duration of this contract is from 1st January till 30 April 2019 with 88 working days.
Duty Station:
The consultant will work from Kabul in the UNDP Office, with missions to other locations in Afghanistan if required.The consultant will follow the working hours and weekends as applicable to UNDP staff. consultant r’s movement for meetings and consultations shall be coordinated by the UNDP office. The consultant is at all times required to observe UNDP security rules and regulations.
Price Proposal and Schedule of Payments
The contractor shall submit a price proposal as below:
Daily Fee – The contractor shall propose a daily fee which should be inclusive of his professional fee, local communication cost and insurance (inclusive of medical evacuation). The number of working days for which the daily fee shall be payable under the contract is 88 Working days;
UNDP will provide accommodation free of charge to the Contractor for the duration of the stay in duty station. The contractor is NOT allowed to stay in a place of their choice other than the UNDSS approved places. UNDP will provide MORSS compliant accommodation in UNOCA Complex to the consultants;
- Travel and Visa – The consultant shall propose an estimated lump sum for home-Kabul-home travel and Afghanistan visa expenses.
The total professional fee, shall be converted into a lumpsum contract and payments under the contract shall be made on submission and acceptance of deliverables under the contract in accordance with the abovementioned schedule of payment.
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 Proposal (10 marks)
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 as well as partnerships and stakeholder engagement criteria. The proposed work plan should be consistent with the work to be undertaken for the AA2J project and in line with the work of the new LOTFA MPTF and donor requirements.
- Interview (40 marks)
- Qualification and Experience (20 marks) [evaluation of CVs for shortlisting]
General Qualification (5 marks);
- Experience relevant to the assignment (15 marks).
Documents to be included when submitting 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) as well as the contact details (email and telephone number) of the Candidate and at least three (3) professional references;
- Personal CV indicating all experience from similar projects.
Technical proposal:
- Brief description of why the individual considers him/herself as the most suitable candidate for the assignment;
- A work plan as indicated above.