Background

On September 12, 2018, the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) was signed with a view to bringing conflict in South Sudan to an end. While their appears to be positive commitment from the parties to ensure that the R-ARCSS succeeds, successful implementation is not contingent only on the aspirational nature of the content but rather the creation of an enabling environment and management of risks associated with implementation of issues such as trust building, transparency around the implementation process, consensus building on the nature of the state (federal versus central), rule of law and security sector reform, demilitarization, demobilization and integration, allocation of oil revenue, governance architecture and public service reform, constitution-making, and elections.

Emerging from an era of armed conflict, South Sudan lacks the institutional and professional capacity to immediately resume or establish a functional, effective and accountable justice and security system, or the means for rights bearers to access justice. Weak legal, regulatory, policy and institutional framework further hinders capacity of rule of law institutions to provide service in accordance with national and international standards of rights, justice and equality. Lawyers, judges, prosecutors, police personnel, prison personnel, legislators and civil servants operate in a dysfunctional system, where salaries, equipment and positive incentives are irregular, and where perceptions and commitment to legal imperatives have been battered.

The high prevalence in SGBV in South Sudan will leave a legacy not only on individual survivors, but also on entire communities. Often, women are disempowered and deprived of their rights, voice and agency, which consequently increases their vulnerability.36 Moreover, women are often unaware of their rights, and often lack legal protection and access to mechanisms by which their grievances can be remedied. Where women are not able to claim their rights and obtain recourse for violations of their rights, establishing effective, efficient and fair justice systems is needed, for example, to ensure that women are able to seek justice when denied inheritance.
Having gone through decades of violence, South Sudan requires a holistic response to the recent widespread violence that fosters national healing and puts an end to the cycle of violence. The Access to Justice and Rule of Law Project seeks to address the above challenges by focusing on: 

Institutional capacity building through ongoing and entrenched technical assistance and training;

Enhancing citizens’ accessibility to justice through awareness raising initiatives to improve the understanding, attitudes and trust of the public in the ability of the State to provide quality justice services;

Improving State accountability through monitoring of justice services and greater adherence to human rights standards;

Enhancing coordination and dialogue between State and non-State entities to improve the responsiveness of State policies to the needs of the people;

Enhancing the capacity of civil society actors to provide monitoring oversight of justice institutions, increasing their accountability and ensuring a human scope to government policy; and

 Advocacy on transitional justice priorities, and improved public legal awareness; all of which are critical to long-term peace and stability.
Aiming to strengthen the rule of law sector to increase and expand the availability, affordability, adaptability and acceptability of justice services in South Sudan, the project focusses on three outputs:
Functions and capacity of rule of law institutions enabled to deliver accountable, effective and equitable justice services.
Measures in place and implemented in the rule of law sector to prevent and respond to sexual and gender-based violence.
Human rights and transitional justice mechanisms strengthened to monitor and respond to the promotion and protection of citizen's rights.
To achieve these outputs, the project works closely with government, other UN agencies, and civil society organizations to implement project activities, deploys UN staff into the field to work closely with actors on the ground, and works with government at the highest levels to build legislative and regulatory capacity.
The project aligns with the following development frameworks: South Sudan 2040 Vision: promoting supremacy of the rule of law and separation of powers, recognition of human rights and fundamental freedoms, justice and equality for all, and promoting accountability and transparency in governance; Sustainable Development Goals (SDGs); mainly SDG 16 that aims to strengthening the rule of law, access to justice by vulnerable groups and promoting effective, accountable and inclusive justice institutions; UNDP Strategic Plan (2018-2021) Signature Solution 2: Strengthen effective, inclusive, and accountable governance. 2019-2021 United Nations Cooperation Framework and UNDP Country Programme Document; (CPD) outcome 1: “The South Sudanese population, particularly the most vulnerable groups, benefit from strengthened peace infrastructures and accountable governance at the national, state and local level.”


In order to build on existing support already being provided by UNDP and upscale sustainable and measurable interventions it is intended to reinforce existing best-practice areas into a coherent engagement. Ensuring sustainable peace requires a comprehensive measuring of results and impact of rule of law institutional support as well as the development of an M&E system that would measure impact and results over time in areas of rule of law and connected to SDG Goal 16.

Objective:
The objective of the consultancy is to; support UNDP in partnership with UNMISS ROL and UN Police in conducting a comprehensive measuring of results and impact analysis of rule of law institutional support as well as the development of an M&E system that would measure impact and results over time in areas of rule of law and connected to SDG Goal 16.
Scope of work:
Under the overall supervision of the Access to Justice Chief Technical Advisor and in coordination with the Access to Justice Project Manager, the consultancy team composed of the International consultant (team Leader) assisted by the National Consultant will perform the following substantive duties and responsibilities:

  • Prepare an inception report, covering the background, objectives, methodological approach, work plan and deliverables for presentation at inception meeting;
  • Develop tools to conduct impact analysis and measure results in rule of law programming;
  • Carry out a gap analysis of the structures, mandate, personnel and funding of rule of law institutions and mechanisms with the view to develop their capacity;
  • Carry out an analysis on the capacity of the rule of law institutions including gender mainstreaming;
  • Develop an M&E system that would measure impact and results over time in areas of rule of law and connected to SDG Goal 16.

Methodology:
The consultant must describe how they will address/deliver the demands of the ToR; providing a detailed description of the essential performance characteristics, reporting conditions and quality assurance mechanisms that will be put in place, while demonstrating that the proposed methodology will be appropriate to the local conditions and context of the work;

  • Facilitate the active engagement of all participating institutions in the functional assessment and response strategy development process;
  • Adopt a combination of participatory tools and methodologies (e.g. desk research, self-assessment, SWOT, stakeholder analysis, interview with key holders) and group facilitation techniques to promote participation and buy-in;
  • Coordinate the work closely with UNDP throughout the entire assessment process.

Duties and Responsibilities

The deliverables of the assessment are:

Inception report:

The consultant will prepare an inception report which details the consultants’ understanding of the consultancy and how the assessment will be conducted. The report will be presented to the reference group at an inception meeting. This is to ensure that the consultants and the key stakeholders (participant institutions and UNDP) have a shared understanding of the consultancy. The inception report will include the impact analysis design, methodology, sample questions, data sources and collection analysis tool for each data source and the measure by which each question will be evaluated. The report will include the scope of work, plan of action, and time frame. The methodology must include clear instruments and procedures for institutional capacity development based on identified needs and gaps.
Consultations:

The results of the analysis will be evidence based and derived mainly from interviews with project beneficiaries, CSOs ad other partners to assess project impact.

Drafting of reports: The consultant will prepare a draft impact analysis report which will be presented at a validation workshop to be attended by UNDP and participating institutions.
The consultant will further develop an M&E system that would measure impact and results over time in areas of rule of law and connected to SDG Goal 16 which will be presented at the workshop.
Validation workshop to present findings/draft report and draft M&E system: The consultant will prepare a draft report which will be presented at a validation workshop to be attended by UNDP and relevant partners. The findings will be subjected to review and comments.
Finalization of impact analysis and design of M&E system: A Final report containing the results of the impact assess study and designed M&E system will be submitted to UNDP in publishable quality.

Below provides summary of the deliverable with corresponding days:
Activity  Deliverable Duty station  Days  allocated

  • Draft inception report that includes literature review design, methodology and detailed work plan 
  • Inception Report In-country 4 days
  • Inception meeting initial briefing with reference group   
  • Stakeholder consultations with targeted beneficiaries will be conducted Consultations In-country 15 days
  • Preparation of draft impact analysis report and design of M&E system to measure rule of law impact Drafting of reports  15 days
  • Validation meeting with reference group and stake holders Validation workshop  1 day
  •  Final report containing impact analysis and M&E system to measure rule of law impact incorporating additions and comments provided by all stakeholders and submitted to UNDP in publishable quality Finalization of  report  Home-based 10 days

Total number of working days   45 days

Responsibilities (in addition to other generic responsibilities and expected deliverables outlined in this ToR)

  • Document review;
  • Developing and pre-testing the necessary data collection tools (to be presented in the Inception Report);
  • Ensuring the use of best practice monitoring and evaluation and capacity assessment methodologies; 
  • Leading the presentation of the draft impact analysis and M&E framework;
  • Leading the drafting and finalization of the impact analysis and M&E framework, integrating comments received from stakeholders and partners;
  • Drafting, finalizing and submitting the final impact analysis and M&E framework report;
  • Quality control of the impact analysis and M&E framework report.

 

 

Competencies

Core Competencies and values:

  • Demonstrates integrity and fairness by modelling UN values and ethical standards;
  • Demonstrates professional competence and is conscientious and efficient in meeting commitments, observing deadlines and achieving results;
  • Display cultural, gender, nationality, religion and age sensitivity and adaptability;
  • High sense of relational skills, including cultural, gender, religion, race, nationality and age sensitivity and adaptability, with a demonstrated ability to work in a multidisciplinary team.

Functional Competencies:

  • Good knowledge and understanding of the UN system, familiarity with UNDP mandate an asset;
  • Knowledge of issues concerning institutional/capacity assessment, organization development, etc;
  • Thorough knowledge of results-based management and strategic planning processes;
  • Excellent facilitation and communication skills;
  • Wide experience in quantitative and qualitative data collection methods and –analysis including surveys, focus group discussions, key informant interviews etc;
  • Ability to deal with multi-stakeholder groups;
  • Ability to write focused assessment reports;
  • Strong interpersonal and managerial skills, ability to work with people from different backgrounds and evidence of delivering good quality assessment and research products in a timely manner.

 

Required Skills and Experience

Education:

  • Master’s degree in law, public administration or related social science fields combined with capacity building work and institutional needs assessment;

Experience:  

  • Minimum 10 years of experience in the areas of institutional and capacity needs assessment, monitoring and evaluation or capacity assessment in post-conflict context;
  • Demonstrated managerial competence and experience in organizing, leading and coordinating multi-cultural technical assistance teams at the international level;
  • Extensive experience and knowledge in conducting monitoring and evaluation;
  • Knowledge of gender issues in institutional capacity assessment;
  • Good understanding of key elements of result-based management/programming;
  • Demonstrated capacity for strategic thinking and excellent analytical and writing skills;
  • Initiative, ability to work independently, sound judgment and good interpersonal skills;

Language:

  • Fluency in English with excellent oral, written, communication and reporting skills is required.

Technical proposal:

Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP;
Personal CV or P11, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Candidates and at least three (3) professional references indicating the last experience in the domain
Brief description of why the individual considers him/herself as the most suitable for the assignment, and a methodology on how they will approach and complete the assignment;
Qualification documents of the consultant. These include certified degrees and certificates;
A detailed clear methodology will be applied to make the functional assessment more successful and the planning of activities which will be followed during this assessment exercise. The consultants wishing to submit his/her offer must note that this is the crucial part of his/her offer;
At least 3 certificates of good completion of similar tasks. Note: any certificate without the client’s name, address, stamp and signature will not be accepted;
Any other document deemed relevant to this consultancy service.

Financial proposal:

A Financial Proposal must be submitted that indicates the all-inclusive fixed total contract price supported by a breakdown of costs as per template provided.

Criteria for selection of the consultants

The offer will be evaluated by using the Best value for money approach (combined scoring method). Technical proposal will be evaluated on 70%. Whereas budget proposed will be evaluated on 30% based on sufficiency for applying the data gathering techniques and for obtaining reliable data for the Capacity Assessment in the timeframe indicated. Below is the breakdown of technical proposal on 100% which will be brought to 70%:

International Consultant (Team Leader)
 
Evaluation criteria Weight Max. Point
 Description of qualification
Master degree in law, public administration or related social science fields combined with capacity building work and institutional needs assessment 10% 10
Minimum of ten years of accumulated experience in institutional capacity assessment, of which at least five years should be in international settings – preferably in post-conflict or fragile state contexts; 25% 25
Good knowledge of the UNDP Capacity Assessment Framework, experience applying UNDP Results Based Management Policies and Procedures, good knowledge of the UNDP DIM/NIM  Guidelines and Procedures, knowledge of Result-Based Management, Capacity Assessment methodologies, knowledge of participatory monitoring approaches; experience applying SMART indicators and reconstructing or validating baseline scenarios, demonstrable analytical skills 20% 20
Adequate Methodology and work plan (Capacity Assessment techniques for gathering and analyzing gender sensitive qualitative and quantitative data) 35% 35
Excellent English writing and communication skills 10% 10
 TOTAL 100% 100