Background

Strengthening access to justice, rule of law and promoting human rights are cornerstones of UNDP’s work to achieve sustainable human development. The UNDP Pacific Office in Fiji is implementing projects as part of an overall programme in these areas including the Fiji Access to Justice Project. The Fiji Access to Justice Project supports access to justice for impoverished and vulnerable groups through empowering people to access legal rights and services through the relevant key justice institutions, in conjunction with strengthening those key justice institutions to undertake improved service delivery.

This consultancy will contribute to the following outputs and activity results in the Fiji Access to Justice Project:

Output 2: Enhanced institutional capacity of Judicial Department and other institutions to deliver access to justice for impoverished and vulnerable groups.

Activity Result 2.4: Other Constitutional bodies have enhanced capacities to deliver access to justice.

Activity 2.4.1: Support the HRADC for selected activities related to access to justice (to also be further determined following finalization of HRADC Strategic Plan and stakeholder consultations).

Activity 2.4.2: Support other constitutional bodies for selected activities related to access to justice.

Following on the progress Fiji has made in implementing the UNCAT, justice stakeholders are looking to implement aspects of these international commitments as well as considering elements of related optional protocols. Under the EU-funded Fiji Access to Justice Project, support has been provided to HRADC to hold trainings, consultations and workshops with relevant national institutions and organizations for this purpose. For this activity, a consultant is being sought to support HRADC and the Corrections Service in improving their ability to work together to improve the overall standards of corrections facilities in Fiji.

Strengthening access to justice, rule of law and promoting human rights are cornerstones of UNDP’s work to achieve sustainable human development. The UNDP Pacific Office in Fiji is implementing projects as part of an overall programme in these areas including the Fiji Access to Justice Project. The Fiji Access to Justice Project supports access to justice for impoverished and vulnerable groups through empowering people to access legal rights and services through the relevant key justice institutions, in conjunction with strengthening those key justice institutions to undertake improved service delivery.

This consultancy will contribute to the following outputs and activity results in the Fiji Access to Justice Project:

Output 2: Enhanced institutional capacity of Judicial Department and other institutions to deliver access to justice for impoverished and vulnerable groups.

Activity Result 2.4: Other Constitutional bodies have enhanced capacities to deliver access to justice.

Activity 2.4.1: Support the HRADC for selected activities related to access to justice (to also be further determined following finalization of HRADC Strategic Plan and stakeholder consultations).

Activity 2.4.2: Support other constitutional bodies for selected activities related to access to justice.

Following on the progress Fiji has made in implementing the UNCAT, justice stakeholders are looking to implement aspects of these international commitments as well as considering elements of related optional protocols. Under the EU-funded Fiji Access to Justice Project, support has been provided to HRADC to hold trainings, consultations and workshops with relevant national institutions and organizations for this purpose. For this activity, a consultant is being sought to support HRADC and the Corrections Service in improving their ability to work together to improve the overall standards of corrections facilities in Fiji.

Duties and Responsibilities

Scope of work/Expected Output

The Expert will work in consultation with the Fiji justice and law enforcement stakeholders in facilitating the workshops and consultations.

The Expert will undertake the following:

1. Travel to Fiji to meet with the relevant justice stakeholders and discuss the expectations of the workshops and consultations.
2. Facilitate a five-day training of HRADC and Corrections Officials to cover the following subject areas:         

• Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules) and best international practices;
• human rights, the rights of persons in custody, international best practices for treatment in custody and enhancing access to justice;    
• Application of the UNCAT, including aspects of UPR recommendations received by Fiji on prevention of torture, detention standards and treatment of prisoners; 
• Development of protocols between the NPM and authorities responsible for places of detention in relation to undertaking inspections; visitation methodology; the composition of the visiting team; interview methodology; protocol for joint visits; material to be covered in reports; and implementation of recommendations;    
• Strategies for cooperation and communication under the NPM’s cooperative function, including minimum powers of NPM under the legislative mandate; immunities associated with the work of NPMs; protection against reprisals; assessment matrix for self-evaluation of NPMs; and data recording methodology;   
• Inspections of places of detention to include the purpose behind inspections; visiting functions to include access to detention centers, access to persons, access to information, the principle of confidentiality and protection against reprisals; skills training to organizations conducting inspections and organizations receiving inspections in planning inspections, conducting inspections and reporting/making recommendations; skills training to organizations conducting inspections in interviewing persons deprived of their liberty.                                                                                                                      

3.     A three-day multi-agency custody training in relation to human rights, the rights of persons in custody, international best practices for treatment in custody and enhancing access to justice.

Consultancy Schedule

Deliverables

1. Inception report with detailed methodology based on consultation with relevant authorities.
2. One, five-day training on Mandela Rules, NPM, and inspection checklists.
3. One, three-day training on treatment in custody.
4. Development of a draft protocol for NPMs and detention authorities.

Checklist for prison inspections, to be shared between HRADC and the Corrections Service.

Resources Provided

• The Expert will be expected to provide a workplan, indicating home-based and in-country work (Fiji), including the five-day training in country from 21-25 October, and the three-day training on 29-31 October.
• The consultant will be expected to provide their own computer and phone and can be given office space at the UNDP offices as and when required.

Supervision/Reporting

• The Expert will report to the UNDP Access to Justice Programme Manager and Technical Adviser, and work in close coordination with the leadership in the Fiji Human Rights and Anti-Discrimination Commission, the Fiji Corrections Service and the Fiji Police Force.
• All reports and documents relating to the assignment will be submitted to the UNDP Pacific Office in Fiji.

Competencies

Price Proposal and Schedule of Payments

Consultant must send a financial proposal based on Lump Sum Amount. The total amount quoted shall be all-inclusive and include all costs components required to perform the deliverables identified in the TOR, including professional fee, travel costs, living allowance (if any work is to be done outside the IC´s duty station) and any other applicable cost to be incurred by the IC in completing the assignment. The price proposal shall be submitted as follows:

1. Professional Fees for 20 days
2. Living Allowance for 10 days
3. 1 return trip to Fiji

In general, UNDP shall not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so using their own resources

In the event of unforeseeable travel not anticipated in this TOR, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and the Individual Consultant, prior to travel and will be reimbursed.

The contract price will be fixed output-based price regardless of extension of the herein specified duration.

Payment schedule

Required Skills and Experience

Requirement for Qualifications & Experience

• Minimum educational requirement: Masters qualification in law or a related field, with educational background in policing or law.
• A minimum of 15 years’ professional experience in training in the area of torture prevention and human rights, including some experience in the international context, preferably in Fiji.
• Demonstrated experience of being able to prepare technical training materials in the English language related to access to justice, torture prevention, UNCAT/OPCAT implementation and mechanisms, and/or human rights.

Documents to be Included When Submitting the Proposal

Interested individual consultants must submit the following documents/information to demonstrate their qualifications in one single PDF document:

1. Personal CV including names and contact details of at least 3 professional referees
2. Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP (Annex II).
3. Financial Proposal, which includes breakdown of professional fees, travel expenses to and from home and duty station (economy class) plus living expenses at the duty station and any other miscellaneous cost that may be incurred during the duration of the consultancy.

The Template for Confirmation of Interest, and Submission of Financial Proposal is also available under the procurement section of UNDP Pacific Office in Fijis website (www.pacific.undp.org)

Incomplete, joint proposals and proposals sent to the wrong mailing address will not be accepted. Individuals applying for this consultancy should apply and will be reviewed based on their own individual capacity. The successful individual may sign an Individual Contract with UNDP or request his/her employer to sign a Reimbursable Loan Agreement (RLA) on their behalf by indicating this in the Offerors letter to Confirming Interest and Availability using Annex II.

Annexes

• Annex I - Individual IC General Terms and Conditions
• Annex II – Offeror’s Letter to UNDP Confirming Interest and Availability for the Individual IC, including Financial Proposal Templat