National Consultant: Justice Sector Specialist-Court Management and Case Management


Location : Cox's Bazar, BANGLADESH
Application Deadline :17-Oct-20 (Midnight New York, USA)
Additional Category :Climate & Disaster Resilience
Type of Contract :Individual Contract
Post Level :National Consultant
Languages Required :
English  
Starting Date :
(date when the selected candidate is expected to start)
25-Oct-2020
Duration of Initial Contract :45 Working Days
Expected Duration of Assignment :45 working days over a period Oct-Dec, 2020

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.


Background

The influx of around 745,000 Rohingya people into Bangladesh since August 2017 has placed enormous pressure on host communities in Cox’s Bazar and the Government of Bangladesh (GoB). Impacts of the influx have been severe and far-reaching. Given the conflict risks in the district, the project aims to focus on reducing social tensions and tackling the underlying causes of those tensions - both immediate and longer-term drivers. Peaceful District project is designed on the work and lessons of UNDP C2RP project and uses an Area Based Approach that integrates strongly cross-linked interventions between community security, access to justice and participatory local governance, to implement the following interventions.

The Peaceful District of CXB project will relevant Government agencies to increase the capacity of police to prevent and respond to crime; enhance community security and people-oriented policing for both the Rohingya and host communities through strengthening Community Policing Forums (CPFs) and police services, with priority for survivors of gender-based violence. Support small-scale infrastructure development at the Union level and provide furniture and IT equipment for selected police stations to improve services for survivors of gender-based violence (GBV), including a feasibility study for victim support center or facilities.

The project will also increase the voice and accountability of local decision-making; increase involvement of citizens, particularly women and other marginalized groups, in local planning and decision-making. Organize inclusive dialogues on local planning of the COVID 19 recovery in the 6 unions that were earlier covered by the Union planning initiative under UNDP C2RP, including revision of union plans and community projects identified in the planning cycle last year. Decide on priority projects for peaceful district funding and implementation.

Amongst its objectives, the project-specific aims to provide district and sub-district governance support, facilitate participatory and inclusive local governance processes, support improved service delivery in host community areas, ensure access to justice for the vulnerable justice seekers, and inclusive development of community infrastructure. As the project is working to strengthen the capacity of the host community and government intuitions as well as justice institutions to ensure quality justice services to the host community and also to establish social peace so, need to expedite the trial of cases in the Courts of Sessions/Tribunals and Judicial Magistracy of Cox’s Bazar through mitigating the gaps especially improving the capacity of the judges, lawyers and court staffs, routine organization of Police -Magistracy Conference and Judicial Conference as well as conducting an assessment of the capacity gaps and need for improved case and court management which will contribute to reduce case backlog and ensure speedy justice delivery. Against this backdrop, the peaceful district of the CXB Project intends to hire one consultant to support the justice delivery process through the concerned criminal courts and enhancing the scope of development through the criminal justice sector actors.


Duties and Responsibilities

The consultant for the proposed assignment would be engaged to further review and update capacity building need for the CXB District Judiciary, Court Staffs, Lawyers, Prosecutors and Police on the investigation  as well as the logistical gaps to expedite the case management for quick disposal of cases and to reduce the current case backlogs in the CXB Judiciary. The consultant will promote dialogue among the Justice Sectors stakeholders for effective and prompt resolution of the GBV cases. Review the research findings on the causes of case backlog creating an impact for the delayed justice delivery for women and children in the respective Court of Sessions/Tribunals/Judicial Magistracy. The consultant will review the mobile justice system mechanism and advocacy at the local and national level for implementation. Support in routine organization of Police-Magistracy Conference and Judicial Conference by the Courts/Tribunals according to the Criminal Rules and Orders.  

  • Scope of works:

Under the 2nd pillar of the peaceful district of the CXB project, the consultant will work through Output – 2.2 of the Project: Enhanced capacity of the District Judiciary to tackle the case backlogs and opportunities for communities to access justice through the mobile justice system promoted in Cox’s Bazar.

  • Specific objectives:
  • Support to the district judiciary of CXB for smooth case management and court administration through building the capacity of the Judges, Court Staffs, Lawyers, Prosecutors and Police;  
  • Develop strategy and an action plan to implement the recommendations for smooth case management and court management in the Courts of Sessions/Tribunals and Judicial Magistracy of Cox’s Bazar;
  • Advocacy to the local and national level on the recommendation made to address the problem of case backlogs in CXB;
  • Develop an action plan and advocacy for promoting the dialogue with the Justice Sectors key stakeholders for quick disposal of GBV related cases;
  • Advocacy to review and update the mobile justice mechanism to ensure the justice for the vulnerable communities of the remote areas; and
  • Support to the routine holding of Police-Magistracy Conference and Judicial Conference by Court of Sessions and Judicial Magistracy of CXB.

Scope of work and Deliverables and Expected outputs/ deliverables:

Deliverables

Duration and Tentative Completion Date

  1. Conduct a need assessment of the capacity and gaps of the CXB District Judiciary especially to identify the causes of case backlog, and training need for the Judges, Lawyers, Court Staffs, Prosecutors and police.
  2. Develop the training content and collect the teaching materials to conduct the training.
  3. Develop an action plan and support to conduct police magistrate conference to ensure effective dispensation of the criminal cases.
  4. Explore the possible introduction of the District Justice Coordination Committee and the effective functions of the DLAC to ensure free legal supports to the vulnerable communities in CXB.

 

 

15 days

 

  1. Develop concept note and action plan to promote dialogue with the key actors of the Justice Sectors on quick dispensation of the GBV cases.
  2. Develop a strategy and an action plan to implement the recommendations for smooth case management and court management for the reduction of case backlogs.
  3. Advocacy at the local and national levels on the findings of the research conducted on the case backlogs in women and children tribunal courts in CXB.
  4. Facilitate for the routine organization of Police-Magistracy Conference and Judicial Conference by the Courts of Sessions and Judicial Magistracy of CXB.

 

 

 

15 days

  1. Develop the proposal for a mobile justice mechanism for the remote area’s vulnerable communities for the protection of their legal rights and to ensure access to justice.
  2. Support the Women and Children Tribunals and Judicial Magistrate Courts to follow the Criminal Rules and Orders and Guidelines given by the Supreme Court (both Divisions) for increased disposal of cases and the reduction of case backlogs.
  3. Develop an action for advocacy to implement the mobile justice mechanism to make sure that justice for the communities of the remote areas especially women and other vulnerable groups.
  4. Prepare and submit the final report.

 

 

15 days

The consultant should produce all deliverables by the dates. The peaceful district project of UNDP will take 2-3 working days to review the draft document and share feedback with the consultant.

  • Supervision and Performance Evaluation:

 The National Consultant – Justice Sector Specialist-Court Management and Case Management will       work for the Peaceful District Project. Cox’s Bazar Crisis Response Office will provide all necessary logistic support if required. The Consultant will work in collaboration with the operation team and other UNDP projects in Cox’s Bazar. He/she will work under the direct supervision of the Project Manager.

  1. Duration of the Work and Duty Station

The duration for the assignment for 45 days over the period of 3 months starting from October to December 2020 and 25% work shall be done from home and the rest of the work from CXB.

  1. Travel and DSA:

No DSA will be paid at the duty station. If unforeseen travel outside the duty station not required by the Terms of Reference is requested by UNDP, and upon prior agreement/approval, such travel shall be UNDP’s expenses and the individual contractor shall receive a per-diem not to exceed the United Nations daily subsistence allowance rate in such other location(s).

Travel

All envisaged travel costs must be included in the financial proposal. This includes all travel to join duty station/repatriation travel. In general, UNDP should not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel to a higher class, he/she should do so using their resources. In the case of unforeseeable travel, payment of travel costs, including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultant, before travel and will be reimbursed.

The consultant will use his/her own personal equipment/laptop. UNDP will provide a UNDP -email address, UN ID card and office space.

Payment Milestone linked with deliverables: 

Deliverables

 

Percentage of Total Contract Amount

  1. Conduct a need assessment of the capacity and logistical gaps of the CXB District Judiciary especially to identify the training need for the Judges, Lawyers, Court Staffs, Prosecutors and police.
  2. Develop the training content and collect the teaching materials to conduct the training;
  3. Develop an action plan and support to conduct police magistrate conference to ensure effective dispensation of the criminal cases;
  4. Explore the possible introduction of the District Justice Coordination Committee and the effective functions of the DLAC to ensure free legal supports to the vulnerable communities in CXB.

30 % of the total contract amount shall be paid upon completion of Deliverables-01, 02, 03 & 04 within 10th Nov 2020

  1. Develop concept note and action plan to promote dialogue with the key actors of the Justice Sectors on quick dispensation of the GBV cases;
  2. Develop a strategy and an action plan to implement the recommendations for smooth case management and court management for the reduction of case backlogs.
  3. Advocacy at the local and national level on the findings of the research conducted on the case backlogs in women and children tribunal courts in CXB;
  4. Facilitate for the routine organization of Police-Magistracy Conference and Judicial Conference by the Courts of Sessions and Judicial Magistracy of CXB

30 % of the total contract amount shall be paid upon completion of Deliverables-05, 06, 07 & 08 (Complete the deliverables within the 30th of Nov 2020)

  1. Develop and proposal for a mobile justice mechanism for the remote area’s vulnerable communities for the protection of their legal rights and to ensure access to justice;
  2. Support the Women and Children Tribunals and Judicial Magistrate Courts to follow the guidelines given by the Supreme Court (both Divisions) for increased disposal of cases and the reduction of case backlogs.
  3. Develop an action for advocacy to implement the mobile justice mechanism to make sure the justice for the communities of the remote areas especially women and other vulnerable groups;
  4. Prepare and submit the final report.

 

40 % of the total contract amount shall be paid upon completion of Deliverables-09, 10, 11 & 12 (Complete the deliverables within the 30th of Dec 2020)

Note: The individual consultant who does not meet the above eligibility criteria shall not be considered for further evaluation. Necessary documentation must be submitted to substantiate the above eligibility criteria.

  1. DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE APPLICATION

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

  • Personal P-11 form (including experience in similar projects and at least 3 references)
  1. FINANCIAL PROPOSAL

Lump sum contracts

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in instalments or upon completion of the entire contract). Payments are based upon deliverables i.e. upon delivery of the services specified in the TOR. To assist the requesting unit in the comparison of financial proposals. In case of travel, the consultant will receive Daily Subsistence Allowance as per UNDP’s rules. Payment of the consultant will be processed as per deliverables

Travel

All envisaged travel costs must be included in the financial proposal. This includes all travel to join duty station/repatriation travel. In general, UNDP should not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel to a higher class, he/she should do so using their resources. In the case of unforeseeable travel, payment of travel costs, including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultant, before travel and will be reimbursed.

K. EVALUATION

Cumulative analysis:

When using this weighted scoring method, the award of the contract should be made to the individual consultant whose offer has been evaluated and determined as:

a) responsive/compliant/acceptable, and

b) 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 individuals obtaining a minimum of 70% (i.e. 49 points out of 70 points) in the technical analysis would be considered for financial appraisal.

Criteria

Max. Point

Technical

 

Educational Qualification and academic range minimum Master of Law, LLM and preferably a Ph.D. on Law.

15

Number of years in the area of the criminal justice system in Bangladesh and have solid knowledge on the case management system [Need to be submitted the evidence of assignment]

25

Number of years- working experience in the Subordinate Court and has Criminal Case Practice with practical knowledge of relevant documentations [Need to be submitted the evidence of assignment]

20

Number of years working experiences with UNDP or other international development agencies

10

Financial

30

Total

100

 

 

The consultant will submit all documents (P11, CV, Work proof, academic proof) in softcopy via google drive/SharePoint to Project Manager and with maintaining full confidentiality.

Recommended Presentation of Offer:

Interested individuals must submit the following documents/information to demonstrate their qualifications.

a)Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP;

b) Personal CV or P11: indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Candidate and at least three (3) professional references; P11 can be downloaded from the link below:

http://www.bd.undp.org/content/bangladesh/en/home/operations/jobs/

c) 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.

d) Financial Proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs, as per template provided.

e)If an Offer or is employed by an organization/company/institution and he/she expect his/her employer to charge a management fee in the process of releasing him/her to UNDP under Reimbursable Loan Agreement (RLA), the Offer or must indicate this at this point and ensure that all such costs are duly incorporated in the financial proposal submitted to UNDP. Financial proposal template can be downloaded from the link below:

http://www.bd.undp.org/content/dam/bangladesh/docs/Jobs/Interest%20and%20Submission%20of%20Financial%20Proposal-Template%20for%20Confirmation.docx

Please combine all your documents into one (1) single PDF document as the system only allows to upload maximum one document

 


Competencies

Professional Competencies

  • Strong background in Judicial System, Law and Procedure and promotion of peace and human rights, Demonstrated solid knowledge on those areas.
  • Have proven experience in legal research and analysis for improvement of the judicial system.
  • Excellent writing, IT and communication skills.

Behavioral Competencies

  • Good interpersonal skills;
  • Ability to take initiative and promotes a knowledge sharing and learning culture in the office;
  • Ability to establish and maintain good working relationships to facilitate work goals;
  • Demonstrable capacity to build knowledge through using various sources;
  • Ability to plan, organize, implement and report on work;
  • Positive, constructive attitude to work, effective problem solving, self-improvement, analysis and synthesis;
  • Openness to change and ability to responds positively to feedback and differing points of view and integrates & updates accordingly; adaptability, creativity;
  • Excellent presentation and facilitation skills;
  • Demonstrates integrity and ethical standards;
  • Displays cultural, gender, religion, race, nationality, age sensitivity and adaptability;
  • Exhibit strong teamwork skills in a complex environment.
  • Confident in demonstration of work;
  • Remains calm, in control and good humored even under pressure.

 


Required Skills and Experience

Educational Qualification:

  • Minimum Masters of Law, LLM or any other related subject.

Experiences:

  • Minimum 15 years of relevant working experience in the area criminal justice system in Bangladesh and have solid knowledge on the case management system
  • Minimum 10 years of working experience in the Subordinate and the Supreme Court and has Criminal Case Practice with practical knowledge of relevant documentation.
  • Fluency in written and spoken English and Bangla languages and the ability to writing reports as required.



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