National expert in Law


Location : BISSAU, GUINEA-BISSAU
Application Deadline :24-Feb-21 (Midnight New York, USA)
Additional Category :Democratic Governance and Peacebuilding
Type of Contract :Individual Contract
Post Level :National Consultant
Languages Required :
Portuguese
Starting Date :
(date when the selected candidate is expected to start)
01-Mar-2021
Duration of Initial Contract :35 working days
Expected Duration of Assignment :1.5 months

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

According to the 2018 Transparency International Index on Corruption, Guinea-Bissau ranks 172nd out of 180 countries. In other words, it is named the 8th most corrupt country in the world. Indeed, corruption reaches very significant levels in all public institutions, including within the judicial institutions responsible for preventing and combating crime. Cases of appropriation and use of public goods and financial resources for private ends by politicians, public administration officials and responsible officials are frequent. Thus, during a meeting with the press in January 2019, the Public Prosecutor of the Republic announced that several corruption cases, some of which involving national authorities are being investigated while reporting on the difficulties encountered in this case.

The negative impact of transnational organized crime, specially drug and human trafficking and related cross-cutting crimes, corruption and money laundering, has been recognized at the highest level by the Guinea-Bissau authorities, and the fight against it has become a national priority.

Since early 2000s, Guinea-Bissau has become associated with high levels of illicit activity particularly drug trafficking. Following two major hauls of cocaine of 674 kg and 625 kg respectively in 2006 and 2007, the country gained a reputation as a center for the transshipment of drugs and has been labelled since then as West Africa’s premier “narco-state.”

Corruption is often seen by users of the administration as an effective way to obtain service within a reasonable time. In addition, because of the low salaries, corruption is often a way for civil servants to receive undue patrimonial or financial advantages in order to "make ends meet".

Although there is legislation that makes the publication of a declaration of income and assets compulsory, on the part of public officials, officials of the Public Administration and other political officials, the law contains loopholes and no is not applied systematically. Thus in the judicial field, it only applies to the President of the Supreme Court of Justice, to the President of the Court of Accounts (TC) and to the Prosecutors General of the Republic (PGR) and not to other magistrates, to high-ranking officers. armed forces and police.

 

• Failed public services.

Like all public services, anti-corruption and public account control bodies, namely the Court of Accounts; the Higher Inspectorate for Combating Corruption; the Office for Combating Corruption and Economic Crimes with the Public Prosecutor of the Republic, lack an efficient legal framework and human and material resources; so many factors that promote impunity and hence the amplification of the phenomenon of corruption in the country.

The weak contribution of civil society in the fight against corruption.

Apart from this ineffective formal institutional framework, it is also necessary to underline the weak, if not non-existent, role of civil society in the fight against corruption. Most of the time, CSOs do not have the human and material capacities required to contribute effectively in the fight against corruption through advocacy, monitoring and denunciation of corruption cases. At this stage, it is necessary to underline the lack of willingness of state partners to involve CSOs, which is characterized by the absence of a framework for consultation between the different actors who can take part in the fight against corruption and the strengthening of transparency.

This situation seriously compromises the provision of goods and services to the population, such as education and health, and hinders the pursuit of reforms in sectors crucial for peace and stability such as justice, security, public administration. In fact, the State is not in a position to effectively fulfill its mission of guaranteeing security, providing quality services and combating poverty.

Of course, Guinea Bissau ratified the United Nations Convention against Corruption on September 10, 2007, nevertheless it is slow to take the appropriate measures for its application and transposition into domestic law.

Thus, in July 2017, as part of the mechanism for reviewing the application of the Convention, specific recommendations were formulated for Guinea-Bissau to move forward with the full application and transposition at the national level of chapters III and IV of said Convention. These recommendations were formulated by government experts from Guinea and Palau and approved by Guinea-Bissau (http://www.unodc.org/documents/treaties/UNCAC/WorkingGroups/ImplementationReviewGroup/ExecutiveSummaries/V1705460f.pdf ).

It is in this context that UNDP intends to recruit a national consultant specialized in the fight against corruption and strategic planning to elaborate, in collaboration with international consultant, an general and national strategy to combat corruption and improve transparence, providing technical assistance and expertise, in close collaboration with different implicated actors, such as justice, legislative, security institutions and civil society organizations, also supporting in the mobilization and engagement of those actors.


Duties and Responsibilities

Under the overall supervision of the UNDP’s Representative Resident, the technical supervision of the PBF CDTOC Project Manager, the consultant will support the international consultant in the elaboration of an general and national strategy to combat corruption and improve transparence, providing technical assistance and national context expertise, in close collaboration with different implicated actors, such as justice, legislative, security institutions and civil society organizations, also supporting in the mobilization and engagement of those actors.

  • Support the elaboration Draft National Anti-Corruption Strategy, providing technical assistance and expertise;
  • Elaborate Draft National Anti-Corruption Strategy;
  • Facilitate meetings with relevant stakeholders/ authorities / CSOs in relation to improve and validate the National Strategy;
  • Present recommendations to the implicated actors;
  • Provide detailed final Anti-Corruption Strategy

 

Deliverables

  • Work plan for development of activities and methodological note
  • Draft of National Anti-Corruption Strategy
  • Organize validation workshop, animate partners and its results report
  • Presentation and discussion of final report containing the final Anti-Corruption Strategy and recommendations for its implementation

 

Duration of the assignment

The assignment must be conducted within 35 working days, from the day the contract is signed.

 


Competencies

Functional

  •  Professional experience;
  • Able to manage conflicting deadlines and priorities;
  •  Able to coordinate activities such as missions, special events, etc.
  •  Able to assume full responsibility for activities, ensuring that mission objectives are met in a transparent and inclusive manner;
  •  Set clear goals and performance standards; perform responsibilities as it should be;
  •  Self-analysis of performance problems; seeking appropriate guidance and support.

Resource management

  • Strong organizational skills;
  •  Ability to work independently, produce high quality outputs;
  • Solid opinion, strategic thinking and ability to manage competing priorities;
  •  Able to find creative solutions to daily problems, working in an ever-changing work environment.

Communication and advocacy

  •  Strong ability to write clearly and convincingly, adapting style and content to different audiences and speaking clearly and convincingly;
  •  Ability to produce high quality professional documents and products under pressure and to defend and negotiate difficult issues and positions for senior and official employees;
  •  Strong ability to present at meetings with the ability to adapt to different audiences;
  •  Strong analytical, research and writing skills with demonstrated ability to think strategically;
  •  Strong clear and fast communication skills;
  •  Strong interpersonal skills in negotiation and liaison.


Required Skills and Experience

Education:

  •  Academic training, Bachelor or Master in Law or related area

Experience:

  •  Professional experience of at least three (3) years in the field of institutional anti-corruption policies, in the fight against corruption and strategic planning  
  •  Experience in designing a compliance and ethics program model/national strategy in order to limit the risks of corrupt practices and its increase
  •  Professional experience with advocacy and/or mobilization and engagement of institutional and civil society actors
  •  Proficiency in Portuguese and Crioulo language, speaking and writing. The mastery of other languages ??(English and French) is an advantage;
  •  Solid knowledge of the Guinean judiciary and security system;
  •  Solid knowledge of drug trafficking and transnational organized crime in the country is desirable;

Language:

  • Fluency in Portuguese and Crioulo is necessary;
  •  Good knowledge of English and / or French is desirable.

GUIDELINES FOR APPLICATION:

Required documents:

  • A cover letter explaining why you are the most suitable candidate for this assignment;
  • A brief methodology on how you will approach and conduct the tasks, describing the tools and workplan proposed for this assignment;
  • A financial proposal;
  • A personal CV including past experiences in similar projects and at least 3 professional references.

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 installments or upon completion of the entire contract). Payments are based upon output, i.e. upon delivery of the services specified in the TOR.  In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount (including travel, per diems, and number of anticipated working days).

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 Individual Consultant wish to travel on a higher class he/she should do so using their own 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, prior to travel and will be reimbursed.

Evaluation: Individual consultants will be evaluated based on the following methodologies:

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:

  • Responsive/compliant/acceptable; and
  • 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 points;
  • Financial Criteria weight – 30 points.

Only candidates obtaining a minimum of 70 points would be considered for the Financial Evaluation.

Evaluation criteria:

  • Education background - 10 points;
  • Experience as defined in the ToR - 15 points;
  • Competences as defined in the ToR - 10 points;
  • Understating of the ToR - 15 points;
  • Methodology and overall approach - 30 points;
  • Overall quality of the proposal (comprehensiveness, structure, language and clarity) - 20 points.



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