Background

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NB: Please note that online/application system does not recognise Russian/Ukrainian language, information you provide in on-line application questionnaire must be presented in English. All requested documents should be combined/merged (compressed if necessary) and uploaded into the application system by 1 document/attachment only.

I. Context

The United Nations Development Programme (UNDP) has been active and present in eastern Ukraine for the past decade, prior to the conflict, with a focus on community development, civil society development, and environmental protection. Work on addressing the specific conflict-related development challenges, built on this earlier engagement and established partnerships, started in 2015 through the United Nations Recovery and Peacebuilding Programme (UN RPP). UN RPP is a multi-donor funded framework programme formulated and led by UNDP in collaboration with the Government of Ukraine and in cooperation with several partnering UN agencies (UN Women, FAO, UNFPA). UN RPP was designed to respond to and mitigate the causes and effects of the conflict in the east of Ukraine. It is an integral component of the UNDP Country Programme and is therefore fully aligned with the United Nations Partnership Framework (UNPF).

In October 2018, four UN agencies (UNDP, UN Women, FAO and the UNFPA) have countersigned a new joint project document. The overall objective of the project is to restore effective governance, support economic recovery and promote reconciliation in the crisis-affected communities of Donetsk, Luhansk and Zaporizhzhia oblasts in Ukraine, thereby enhancing the credibility and legitimacy of local governments in the government-controlled areas of the regions. It will contribute to peacebuilding and prevent further escalation of the conflict in Ukraine through effective and accountable decentralization, gender-responsive recovery planning and equal access to services, as well as enhanced economic recovery and development.

The UN RPP’s Component ??? “Community Security and Social Cohesion” aims to reach some of its goals through implementation support to the projects in strengthening community security and social cohesion by testing innovative legal aid, access to justice, conflict resolution and peacebuilding mechanisms at the local level.

One of the objectives of the Project is to improve the efficiency of judiciary in the context of the ongoing armed conflict in the east of Ukraine. As was identified during the field work and according to the information from judiciary, the number of this kind of crimes rises during the conflict. In respect, judiciary requires sufficient capacity to be able to solve them justly. Thus, the process of SGBV-related cases resolution in the context of the armed conflict requires additional capacity building. For this purpose, the Project seeks to hire a qualified National Consultant (Consultant) to conduct an Assessment of the best practices of judicial resolution of SGBV-related cases in the context of armed conflict. Beside this, the Consultant will develop methodological recommendations on the SGBV-related cases resolution in the context of armed conflict. These recommendations will be based on the international and national legislation and will include the best practices from other countries with similar context.

The Consultant will promote UNDP’s mandate as a gender-responsive organization with zero tolerance to any kind of discriminatory and abusive behaviour, including sexual harassment, sexual exploitation and abuse.

II. Scope and Objective of the Assignment

The main objective of the assignment is to increase the capacity of the judiciary (mainly local courts of general jurisdiction in Donetsk and Luhansk oblasts) on SGBV-related cases resolution in the context of armed conflict.

This will be achieved by conducting an Assessment of the best practices of judicial resolution of SGBV-related cases in the context of armed conflict and development of methodological recommendations for the National School of Judges of Ukraine (NSJU) on capacity development of judges in resolution of SGBV-related cases in the context of armed conflict.

The assessment will cover at least the following topics (all in the context of armed conflict):

1. SGBV-related cases where suspects are military/law enforcement personnel.
2. SGBV survivors’ legal rights during the trial.
3. SGBV-related cases where survivors/victims are children.
4. Implementation of the international legislation and judicial practice during the trial.
5. Cases on restriction prescriptions submission in the conflict zone.

The Consultant will ensure the mainstreaming of gender equality and women’s empowerment considerations in all aspects of the assignment, promote a safe and enabling environment free of any kind of discrimination and abusive behaviour, and use the principles of gender-responsive communications in line with the UNDP corporate standards.

Duties and Responsibilities

III. Duties and Responsibilities

Under the supervision and day-to-day coordination with UNDP, the Consultant is expected to conduct the Assessment of the best practices of judicial resolution of SGBV-related cases in the context of armed conflict. This will be done to identify, analyse, and summarize the main trends, good practices, and gaps during the resolution of this kind of cases by the national judiciary. Besides, the Consultant will study and analyse the best practices of other countries, which are/were similar to the Ukrainian context. This stage will also include the interviews with the national judges to clarify some particular issues of the subject of the assignment. Finally, the Consultant will develop the methodological recommendations with tips and recommendations for judges of judicial resolution of SGBV-related cases in the context of armed conflict.

All stages described below will be coordinated with the NSJU.

For this, the selected Consultant will undertake the following activities:

a) The Consultant will develop and agree with UNDP detailed work plan with timeline.

At this step, the Consultant will prepare the detailed workplan and survey methodology, which should be coordinated with the NSJU and should be approved by UNDP. The survey methodology should analyse differentiated needs and experiences of men and women from diverse groups with an emphasis and respect to sexual orientation, ethnicity, age, (dis)ability, geographical origin.

b) Desk review of the national and international legislation, national judicial practice, best practices of other countries; preparation of the Inception Report

The Consultant is responsible for the preparation of the Inception Report with a short description of the main trends, good practices, and gaps during the resolution of this kind of cases by the national judiciary. Also, the Inception Report will include the analysis of the respective national and international legislation, best practices of other countries which are/were similar to the Ukrainian context. The Inception Report will be informed by gender analysis, data disaggregated by sex, age, and other markers of identity and designed in line with UNDP’s principles of gender-responsive communications.

c) Interviews

The Consultant will be responsible for conducting individual interviews (not less than 20 interviews in total) with the judges of the national courts. These interviews should cover both Donetsk and Luhansk oblasts (at least half of the interviews) and should include the judges of the Supreme Court. During the interviews, the Consultant will gather the feedback on the Inception Report, as well as will clarify the issues of practice and challenges in this kind of cases. Finally, the Consultant will gather the information on possible activities for capacity improvement of the judiciary in frames of these cases resolution.

It is the Consultant’s obligation to identify the interviewees, however, the NSJU and UNDP may help with this. This stage may be organized in the remote mode (not in person). The Consultant will ensure gender parity targets achieved (at least 40% of respondents should be women). During the interviews the Consultant will promote a safe and enabling environment free of any kind of sexism, discrimination, and abusive behaviour, respect differences and accord equal spaces and dignity regardless of personnel’s sex, ethnicity, sexual preference, gender identity, (dis)ability or other markers of identity, use the principles of gender-responsive communications in line with the UNDP corporate standards. The Consultant will ensure all data gathered is disaggregated by sex (women, men, intersex) and other markers of identity like sexual orientation (LGB), gender identity (transgender), ethnicity (Roma), age, (dis)ability, geographical origin, etc.

d) Analysis of the results and preparation of the Final Report

The Consultant shall prepare the Final Report which will include the Inception Report. This Report will also include the conclusions of recommendations on the capacity improvement of the judiciary. Besides, this stage of the assignment will also include the preparation of the Executive Summary of the Final Report with brief description of the main findings and outcomes of the Assessment, including any identified gender gaps and recommendations on addressing them. The Final Report will be informed by gender analysis, data disaggregated by sex, age, and other markers of identity and designed in line with UNDP’s principles of gender-responsive communications.

The Consultant will take part in presentation of the Final Report’s findings, ensuring it reflects UNDP’s commitment to gender equality, showing gender-responsive language, relevant data and stories, gender-equitable representation in images, etc. The UNDP will provide technical support to the organization of this event. It is the Consultant’s responsibility to provide a list of persons to be invited, ensuring gender parity targets achieved, especially in the discussion panel (at least 40% of attendees should be women). This stage should be organized in person (not in online mode) if the quarantine restrictions would allow to do so.

e) Preparation of the methodological recommendations

The Methodological recommendations will include tips and recommendations for judges of judicial resolution of SGBV-related cases in the context of armed conflict, including the best practices for such cases, with a focus on eliminating survivors’ further traumatization and victimization as well as ensuring their safety and privacy. This document should be discussed with the NSJU and will be an obligatory Annex to the Final Report. The NSJU will provide a sample of similar document in order to follow the required format.

All Reports should be prepared in Ukrainian in line with the corporate gender-responsive and non-discriminatory principles of communications and provided in the following formats:

• Inception report in *.docs format, at least 20 pages, Times New Roman, 12 pt., lines space – 1,15, Annexes are followed as necessary;
• Final Report with graphs in *.doc format, at least 30 pages, Times New Roman, 12 pt., lines space – 1,15, Annexes are followed if necessary.
• Methodological recommendations with graphs in *.doc format at least 20 pages, Times New Roman, 12 pt., lines space – 1,15.
• Executive Summary for all relevant stakeholders in *.doc format, from 10 to 15 pages, Times New Roman, 12 pt., lines space – 1,15.

IV. Deliverables

The following deliverables will be provided by the Consultant:

V. Proposed Payment Schedule

The payments will be made out upon the full completion and acceptance of deliverables in accordance with the certificate of payments.

UNDP will pay the negotiated amount in 2 tranches as per delivery of the outputs outlined above.

VI. Monitoring and Reporting Requirements

The Consultant will work under overall guidance and direct supervision of the UN RPP Component III Lead in accordance with terms of deliverable submission through meetings\calls\mails.

Electronic versions of reports and duly completed timesheets should be prepared and submitted for clearance and approval by the Rule of Law and Access to Justice Individual Specialist in accordance with terms of deliverable submission.

The Consultant should clearly and concisely identify the work that has been carried out during this period, list major accomplishments, and difficulties/problems encountered during the process. The report should also indicate whether the result was achieved or whether there is a delay in the implementation of the planned activities. In the case of a delay, the reasons and advised solutions should be clearly stated.

Competencies

VII. Experience and Qualifications Requirements

• At least Bachelors’ degree or equivalent in Law.
• At least 7 years of relevant professional experience in the field of Law
• At least 5 years of experience with the SGBV-related judicial cases.
• At least 2 years of experience of work in the sphere of Law in the context of the armed conflict in eastern Ukraine.
• Experience in research, with skills of gender-responsive data collection, gender analysis, and bias-free interviewing: At least 3 accomplished complex empirical studies, including those on SGBV, where the candidate was the author or co-author (reference to or copies of previously developed knowledge materials including analytical reports, research papers, case studies materials, etc. to be provided).
• Languages proficiency: Fluency in English and Ukrainian. Knowledge of Russian would be an advantage.

Competencies:

• Ability to perform analytical and research work, including gender analysis
• Deliver outputs in a timely manner
• Excellent interpersonal communication skills, including non-discriminatory communications
• Sound judgment and maturity to foster a positive work environment free of any kind of discrimination and abusive behaviour
• Ability to work effectively as part of a team
• Demonstrated strong analytical, coordination and facilitation skills, including bias-free interviewing
• Strong user of office software packages
• Demonstrates commitment to UNDP’s mission, vision and values
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
• Demonstrates corporate knowledge and sound judgment
• Demonstrates/safeguards ethics and integrity

VIII. Documents to Be Included When Submitting the Proposals

Applicants shall submit the following documents:

IX. Financial Proposal

 Lump sum contract

The financial proposal shall specify a total lump sum amount in USD, 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 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 costs

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.

Required Skills and Experience

X. Evaluation Criteria

1. Educational background – 5 points max

[up to 5 pts – PhD degree; 4 pts – Bachelor’s degree]

2. Relevant professional experience – 15 points max

[up to 15 pts – more than 15 years of relevant professional experience in the field of Law; up to 13 pts – 8-14 years; 10 pts –7 years]

3. At least 5 years of experience with the SGBV-related judicial cases - 16 pts max

[up to 16 pts – over 10 years of experience; up to 14 pts – from 7 to 9 years of experience; up to 11 pts – from 5 to 6 years of experience]

4. At least 2 years of experience of work in the sphere of Law in the context of the armed conflict in eastern Ukraine – 15 pts max

[up to 15 pts – over 6 years of experience; up to 13 pts – from 3 to 5 years of experience; 11 pts – 2 years of experience]

5. Experience in conducting research studies/methods and data analysis, with skills of gender-responsive data collection, gender analysis, and bias-free interviewing – 15 points max

[8+ highly relevant studies - up to 15 pts; 4-7 highly relevant studies – up to 13 pts; 3 highly relevant studies - 10 pts]

6. Language proficiency – 4 points max

[4 pts – English, Ukrainian and Russian; 3 pts – English and Ukrainian only].

Maximum available technical score - 70 points.

XI. Evaluation Method

Cumulative analysis

Contract award shall be made to the incumbent whose offer has been evaluated and determined as:

a) responsive/compliant/acceptable, and

b) having received the cumulative 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 candidates obtaining a minimum 70% from the maximum available technical score would be considered for the Financial Evaluation

The maximum number of points assigned to the financial proposal is allocated to the lowest price proposal and will equal to 30. All other price proposals will be evaluated and assigned points, as per below formula:

30 points [max points available for financial part] x [lowest of all evaluated offered prices among responsive offers] / [evaluated price].

The proposal obtaining the overall cumulatively highest score after adding the score of the technical proposal and the financial proposal will be considered as the most compliant offer and will be awarded a contract.