Background

In 2018 the United Nations Development Programme (UNDP) launched a joint project with the Institute of State, Law and Democracy entitled “Assistance in implementation of the National Human Rights Action Plan for 2016-2020”.  The project is focused on engaging the Government of Turkmenistan on its duty and capacity to comply with its international human rights obligations and implementing recommendations of human rights treaty bodies, including the recommendations of the Universal Periodic Review (UPR). Institute of Law, State and Democracy is the main implementing partner of the project and coordinating agency for the implementation of the National Human Rights Action Plan (NHRAP).

The Institute chairs the work of the Interdepartmental Commission for Treaty Bodies and International Humanitarian Law (IC) that was established on the basis of a Presidential Decree in 2007. The mandate of the Interdepartmental Commission (IC), that includes the representatives of 20 national ministries and agencies, is to coordinate the Government’s efforts aimed at implementing international legal obligations of Turkmenistan in the area of human rights, including implementation, monitoring and reporting under any international human rights instrument signed by Turkmenistan.

The country is a State Party to thirteen core human rights treaties and their optional protocols and is yet to ratify several other important UN treaties and optional protocols.

In May 2018, Turkmenistan participated in the third cycle of the Universal Periodic Report; as a result of the interactive dialogue that included statements from 72 delegations, Turkmenistan received 191 recommendations. The Government of Turkmenistan takes serious initiatives on effective implementation of received UPR recommendations. In 2016 a National Action Plan on Human Rights of Turkmenistan for the period of 2016-2020 on UPR recommendations of the second cycle was adopted. The National Plan of Action is the result of collaboration between the Government of Turkmenistan and UNDP. In early 2019, with UNDP technical support, the Government developed a Road Map for implementation of the UPR recommendations of the third cycle, which will serve as a basis for development of the new National Action Plan on the Protection of Human Rights in Turkmenistan for 2020-2024.

Turkmenistan ratified the International Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (UNCAT) in April 1999. The Government presented its second report to the Committee against Torture in 2015 and undergone the Interactive Dialogue in Geneva in November 2016. The third periodic report is due in December 2020.

UNDP within the framework of the joint project is planning to provide methodological support to the Working Group in preparation of the third periodic report on UNCAT. Therefore, UNDP is looking for a consultant with the hands-on experience on UNCAT reporting and monitoring processes. An international expert will be hired to carry out one three-day mission to Turkmenistan to facilitate a two-day workshop: on preparation of the national report on UNCAT and to provide methodological support and guidance to the Working Group to produce quality national report on UNCAT.

Duties and Responsibilities

In accordance with the above-mentioned objective of the assignment and under the supervision of the Project Manager, the International Consultant (IC) will have the following objectives to provide technical consultancy to the Institute of State, Law and Democracy on reporting to the UNCAT Committee. In order to achieve this, UNDP is looking for a consultant to provide technical advice to the national partners in preparation of the third periodic report on UNCAT.  To achieve the objective, he or she will work to produce the following:

  1. Conduct an in-depth review of the concluding observations on UNCAT (2017) and previous national report;
  2. Review the Roadmap on UPR (2017), National Human Rights Action Plan for 2016-2020, National Action Plan on Gender (2015-2019), the National Action Plan on the Rights of the Child for 2018-2020 and National Action Plan to counter trafficking in persons for 2019-2022 and take stock of the recommendations that relate to activities in the Action Plans;
  3. Develop a draft matrix of the recommendations and follow up actions The matrix will be further discussed and filled out during the technical workshop for the members of the Working Group;
  4. Conduct two-day workshop for the members of the Working Group of the Inter-ministerial Commission on the Treaty Bodies covering the methodology and the process of preparing the third periodic reports based on the guidelines for the UNCAT. Hold consultation meetings with the Institute of State, Law and Democracy, Ministry of Justice, Ombudsperson’s Office, Ministry of Interior;
  5. Facilitate a debriefing session with the UNCT Human Rights Thematic Team during in-country mission;
  6. Provide UNDP with consultancy report that will cover the results of the mission;
  7. Having received the first draft of the report on UNCAT from the WG, review it, and provide critical comments and recommendations for improvement of the draft;
  8. Provide UNDP with consultancy report that will cover the results of the recommendations/suggestions provided on the third national UNCAT report.

Deliverables and timeframe:

Deliverable 1:

  • Draft of the matrix and agenda of the workshop the national report on UNCAT;
  • Three-day mission to Turkmenistan;
  • Conducted workshop and technical consultations with the Institute of Law, State and Democracy on the preparation of the national UNCAT report;
  • Mission report.

Location: Home based, 3-day mission to Turkmenistan. Number of days: 9 days, June 2020 (dates are tentative)

Deliverable 2:

  • Critical comments and recommendations for improvement provided to the draft of the national report on UNCAT.

Location: homebased. Number of days: 6 days, July 2020.

Payment Conditions:

This is an installment-based contract that should cover the costs of consultancy and other costs required to produce the above deliverables. The final schedule of payments will be agreed upon in the beginning of consultancy.

Payment will be released in two installments: 1st installment: 50% (for deliverable 1), 2nd installment 50% (for Deliverable 2), upon timely submission of respective deliverables and their acceptance by UNDP Turkmenistan.

Competencies

Corporate Competencies:

  • Demonstrates integrity by modeling 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 favoritism;
  • Fulfills all obligations to gender sensitivity and zero tolerance for sexual harassment.

Functional Competencies:

  • Knowledge of and extensive experience working with UN human rights mechanisms;
  • Excellent presentation, facilitation and communication skills;
  • Excellent writing skills, including the ability to convey complex concepts and recommendations, in a clear style tailored to match the audience.
  • Proven interpersonal skills and ability to work in a multi-cultural environment with sensitivity and respect for diversity;
  • Diplomatic skills.

Required Skills and Experience

Education:

  • Master’s degree in international law, human rights, political science, international relations.

Experience:

  • At least 7 years of working experience in capacity and institution building in the area of human rights and UN treaty body reporting mechanisms;
  • Excellent knowledge of UNCAT and experience in its monitoring of implementation;
  • Knowledge of the UN human rights system and its method of operations;

Language requirements:

  • Fluency in English and Russian.

Submission of applications:

Interested individual consultants must submit the following documents/information to demonstrate their qualifications:

All experts applying for this position are required to provide:

  • A proposed methodology for the assignment with description of approaches for technical support on UNCAT reporting;
  • Cover Letter which contains a brief description of approach to work/technical proposal of why the individual considers him/herself as the most suitable for the assignment;
  • Financial Proposal with the references to (1) the daily rate for the assignment and within the timing scale indicated in the present TOR, and (2) any other expenses (including transportation costs, accommodation costs, the possibility of vaccination and etc.). Template of the form named "Offeror's Letter to UNDP Confirming Interest and Availability" can be found at http://www.tm.undp.org/content/turkmenistan/en/home/procurement.html. The UNDP will enter into an Individual Contract based on a lump sum amount. The financial proposal shall represent a detailed, justified and “all inclusive” amount.  In order to assist UNDP in the comparison of financial proposals, the financial proposal shall include a breakdown of this lump sum amount, including: a daily fee for the tasks and an estimated duration as specified in this announcement, travel (to and from the missions), per diems, any other possible costs (including vaccinations, dwelling, communication etc.);
  • Personal CV form including past experience in similar projects and contact details of referees.

Evaluation of proposals:

Individual Consultants will be evaluated based on the combined scoring methodology. When using this method, the award of the contract should be made to the individual consultant whose offer has been evaluated and determined as:

Responsive/compliant and having received the highest score – out of 100 points

Out of the maximum score, the score for technical criteria equals 70% - maximum 70 points, and for financial criteria 30%.

The technical evaluation will take into account the following as per the scoring provided:

  • Master’s degree in international law, human rights, political science – 15 pts;
  • At least 7 years of working experience in capacity and institution building in the area of human rights, UN treaty body reporting mechanisms – 15 pts;
  • Excellent knowledge of UNCAT and experience in their implementation/monitoring and reporting – 10 pts;
  • Methodology – 15 pt;
  • Interview – 15 pt;
  • Knowledge of the UN human rights system and its method of operations – 10 pts;
  • Fluency in English – 10 pts;
  • Fluency in Russian – 10 pts;

Financial proposal – 30% of total evaluation.

Additional requirements for recommended contractor:

Recommended contractors aged 65 and older, and if the travel is required, shall undergo a full medical examination including x-ray, and obtain medical clearance from the UN-approved doctor prior to taking up their assignment. The medical examination is to be cleared by the UN physicians, and shall be paid by the consultant.