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International Consultant (Transitional Justice and Human Rights Institutional Support / Strengthening Advisor) UNDP-Governance for Peace Unit
|Location :||Kabul, AFGHANISTAN|
|Application Deadline :||04-Feb-20 (Midnight New York, USA)|
|Type of Contract :||Individual Contract|
|Post Level :||International Consultant|
|Languages Required :||English|
|Starting Date :|
(date when the selected candidate is expected to start)
|Expected Duration of Assignment :||6 months (with maximum 100 Working Days)|
UNDP Global Mission Statement:
The United Nations Development Programme (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. UNDP is on the ground in 166 countries, working with national counterparts on their own solutions to global and national development challenges.
UNDP in Afghanistan:
UNDP supports stabilization, State-building, governance and development priorities in Afghanistan. UNDP support, in partnership with the Government of the Islamic Republic of Afghanistan (GIROA), 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, Ministries, Government agencies and commissions at the national and sub-national levels. UNDP has played a role in the management of the Law and Order Trust Fund for Afghanistan (LOTFA), which supports the Government in developing and maintaining the national police force and strengthen human rights compliance through comprehensive justice and anti-corruption efforts across the country. UNDP Programmes 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 (UNAMA) and the UN system to maximize the impact of its development efforts on the ground.
UNDP in collaboration with OHCHR in UNAMA are jointly committed to augmenting the capacity of the GIROA to administer Rule of Law and improve human rights compliance and monitoring across the country. UNDP has globally supported National Human Rights Institutions in over 90 countries with capacity strengthening and technical advisory services. In continuing with this global effort, UNDP Afghanistan seeks to support the Afghanistan Independent Human Rights Commission (AIHRC). OHCHR supports the establishment and strengthening of NHRIs and works closely with NHRIs including at the country level to support them in the implementation of their broad mandates to promote and protect human rights. The OHCHR in Afghanistan under the UNAMA’s Human Rights Service continues to cooperate with and support the AIHRC in its current composition. The AIHRC is accessible, eager and proactive in seeking advice and recommendations, from UNAMA and UNDP as well as donors and other entities including the Asia Pacific Forum of National Human Rights Institutions (APF).
Background and Organizational context of the position:
The Afghanistan Independent Human Rights Commission (AIHRC) is a constitutionally established, Paris Principles compliant “A” status national human rights institution, considered by government, civil society and the international community as Afghanistan’s leading institution on human rights and transitional justice. The AIHRC is going through a very delicate transition (new leadership, financial shortfall, low staff morale) whose resolution is key to its future, and to its role on peace and human rights, including transitional justice. UNAMA, with support from UNDP, is closely mentoring and assisting AIHRC in this transition including support to its functional review; advocacy with donors; and support on an approach to transitional justice meaningful to Afghanistan. Accordingly, this consultancy focuses on supporting the AIHRC in better understanding its strengths and weaknesses, and supporting its direction and strategic engagement for the next five-year term through identifying the best possible approaches to change management through a portfolio review for the organisation.
The AIHRC has separate units covering human rights education, monitoring and investigation of human rights violations, women’s rights, children’s rights, persons with disabilities, transitional justice, monitoring, evaluation and reporting, research and investigation, monitoring of international humanitarian law, a police ombudsman, and publications. The AIHRC’s main office is in Kabul, supported by eight regional offices and six provincial offices across the country. The AIHRC develops every five years a Strategic Plan and an Action Plan, in consultations with state institutions, civil society, media, judges, prosecutors, police, human rights defenders. The AIHRC plays a key role in monitoring, reporting and advocating for human rights country wide.
Examples of success stories are numerous. The AIHRC advocated for the adoption of anti-torture legislation in 2018 (the AIHRC chairs the Anti-Torture Commission set up under the new law), a new criminal code and other key human rights laws (e.g. the law of “bacha bazi”, the law on freedom of peaceful assemblies), as well as undertaking reviews of relevant laws, policies, procedures as a follow up to UN recommendations, in coordination with the human rights units at the Ministries of Justice and Interior. The AIHRC actively participates in the UPR process and regularly submits reports to Treaty Bodies. It also successfully advocated for Afghanistan’s ratification of CRPD in 2012 and of OPCAT in 2018.
It should be underlined that the AIHRC has the very difficult task to implement its mandate in a country absorbed in a prolonged conflict. In addition to issues related to access to victims, territorial as well as security and budget-related constraints, this translated over the years in AIHRC staff being at the frontline in the protection and promotion of human rights in Kabul and in the regions. Some of the AIHRC staff have paid with their lives for their engagement in this important work: most recently, on 3 September 2019 the Taliban abducted and two days later executed the AIHRC acting director of the Ghor provincial office, Abdul Samad Amiri.
AIHRC’s financial long-term sustainability remains at the time of writing unresolved. The AIHRC’s budget has since 2006 been funded through a Joint Financial Agreement by several interested donors. The Government has later increased its funding for AIHRC to about USD 1 million per financial year, used for development and operational expenses (not for salaries or programmes). The pool of donors seems interested (at least in the short term) in continuing funding under the current arrangement, although intervals in between grants has the potential to put AIHRC’s financial stability at jeopardy.
Based on its mandate, UNAMA’s Human Rights Service continues to cooperate with and support the AIHRC in its new composition. The AIHRC is accessible, eager and proactive in seeking advice and recommendations, from UNAMA and UNDP as well as donors and other entities including the Asia Pacific Forum of National Human Rights Institutions (APF). Aware of the challenges ahead, a strategic approach looking at reforming key areas has been undertaken (e.g. on communications; human resources; financial management – areas where pro bono evaluations have been commissioned, as well as a capacity assessment looking at change management and structural needs) while delegating thematic areas to the eight commissioners. AIHRC is also focusing on the protection of human rights defenders (an updated action plan was presented to the President for endorsement), peace discussions and the monitoring civilian casualties. An audit is expected to be finalized by the end of November.
Current (and expected) financial constraints are expected to affect the AIHRC’s operations in the future. The AIHRC needs to plan for such contingencies by identifying its strengths and weakness, as well as the threats and opportunities available to it. The AIHRC is aware that the quantity and skillset of its staff may need to change and its regional footprint may need to be recalibrated in the short term. The AIHRC is aware of the need to review its core vision and its strategy, as the Strategic Plan 2019-2022 (notwithstanding its participatory and bottom-up approach) appears to have been based on an optimal scenario rather than what the forecast income would permit.
Against the background of AIHRC’s mandate and priorities as implemented in the past 17 years, as well as the current precarious financial situation, the AIHRC’s leadership intends to embark in change management and a fully-fledged portfolio review. The review will analyze and evaluate each segment of the AIHRC’s portfolio (and their interaction) with the aim to generate scenarios for strategic engagement by the national human rights institution in the coming years. Based on the OECD/DCA criteria for evaluation (relevance, efficiency, effectiveness, impact and sustainability), the portfolio review will look at past thematic engagement in order to generate options for meaningful future action (why, where and how to engage in which thematic priorities, also looking at resources required, work processes analysis, necessary quality controls, bottlenecks as well as communication dynamics).
Under the direct supervision of the Senior Deputy Resident Representative (Programmes) and the Chief of the Governance for Peace Unit (G4P) and this Individual Consultant will be responsible for supporting an initial scoping study in preparation of the portfolio review for AIHRC and a comprehensive change management process within the AIHRC in the upcoming months. This consultant will work closely with the AIHRC Chairperson and small Change Management Team, drawn from among Commission staff, and in coordination with all AIHRC thematic units, in coordination with the UNAMA’s Chief, Human Rights Service and under the direct supervision of the Senior Deputy Resident Representative (Programmes) and the Chief of the Governance for Peace Unit (G4P) will conduct the scooping study through workshops to be undertaken within AIHRC and deliver a scoping study report as the final deliverable for the duration of this contract.
Duties and Responsibilities
SCOPE OF WORK AND DELIVERABLES
Objective of this assignment:
The Individual Consultant (Transitional Justice and Human Rights Institutional Support / Strengthening Advisor) will undertake the following activities as part of this assignment:
Payments under the contract shall be delivery-based and be made on receipt of the specific milestone report indicated above, including a timesheet per UNDP procurement formats for individual contractors. This shall be as indicated above, and shall be deemed delivered upon the approval of the Senior DRR Programmes and Chief, G4P Unit.
The International Consultant will work under the overall supervision of the Senior DRR Programmes and Chief, G4P Unit at UNDP Afghanistan. The consultant shall work in close collaboration with AIHRC and its staff as well as the UNAMA Human Rights Unit and the Programme Management Specialist (Justice) at UNDP Afghanistan.
The G4P Unit will provide office space and internet facility, logistical and other support service including transport and security applicable to UNDP international personnel. The consultant however is expected to bring his/her own laptop and mobile phone and meet local communications costs (UNDP will provide a local pre-paid SIM card). No costs are expected to incur to arrange meetings for this consultancy. Workshops are expected to be organized by AIHRC on their premises at the organisations own cost and arrangements.
Duration of the Work:
The performance under the contract shall take place over total contract duration of 100 working days, excluding joining and repatriation travel days. The target date for the start of work will be 16 February 2020 depending on the availability of the selected consultant and the completion of the formal IC recruitment process in accordance with the rules, regulations and procedures under UNDP.
The duty station for the contractor is Kabul, Afghanistan for the entire duration of the contract. All field visits outside Kabul will be supported through UNDP and adequate costs will be covered by the organisation to support such travel and stay in compliance with UN MORSS. The Contractor will be required to report regularly and be present at G4P Unit (UNOCA) during the working hours and / or the AIHRC office and / or the UNAMA Human Rights Unit office in Alpha compound, security conditions permitting. The contractor will follow the working hours and weekends as applicable to UNDP CO staff. Contractor’s movement for meetings and consultations shall be coordinated by the G4P Unit and upon the strict advise of the UNDSS and UNDP Security Focal Points. The contractor is at all times be required to observe UNDP security rules and regulations. The contractor is expected to reside only in MORSS compliant accommodations in Kabul and during any travel outside of Kabul.
Job knowledge/technical expertise:
Conceptual innovation in the provision of technical expertise:
Advancing a policy-oriented agenda:
Required Skills and Experience
PRICE PROPOSAL AND SCHEDULE OF PAYMENTS
Shortlisted candidates (ONLY) will be requested to submit a Financial Proposal. The consultant shall then submit a price proposal when requested by UNDP, in accordance with the below:
EVALUATION METHOD AND CRITERIA
Individual consultants will be evaluated based on the following methodology:
The award of the contract shall be made to the individual consultant whose offer has been evaluated and determined as follows:
Only candidates obtaining a minimum of 49 points (70% of the total technical points) would be considered for the Financial Evaluation.
TECHNICAL CRITERIA (70 POINTS)
Technical Approach & Methodology (10 marks) - This explains 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.
Financial Evaluation (30%):
The following formula will be used to evaluate financial proposal:
p = y (µ/z), where
p = points for the financial proposal being evaluated
y = maximum number of points for the financial proposal
µ = price of the lowest priced proposal
z = price of the proposal being evaluated
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
Annexes (click on the hyperlink to access the documents):
Note: Incomplete application will result in automatic disqualification of candidate.
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 does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.