Background

1. Background & Context

The Human Rights Programme (HRP) is an initiative undertaken by UNDP, Bangladesh supported by a consortium of donors. UNDP has developed the Human Rights Programme inter alia to build the capacity of the human rights architecture particularly the National Human Rights Commission, Bangladesh (NHRC), Police, CSOs, youths, and others.

The NHRC was constituted by the enactment of the National Human Rights Commission Act (NHRC Act) 2009 in light of the ‘Paris Principles’ with the aim of promotion and protection of human rights in Bangladesh. As per the NHRC Act 2009, the key functions and mandates of the NHRC is to raise awareness, human rights education, and training, research on human rights, monitoring and investigation of a violation of human rights, to seek to resolve complaints of violations and advising and recommendations on human rights issues. The NHRC has been performing the given functions for the promotion and protection of human rights. In line with its mandate and under its authority, the NHRC has planned to pursue its core function and mandate more efficiently and smoothly and effectively use of all apparatus in the law by formulating/updating rules for carrying out the purposes of the Act as stipulated in Section 30 National Human Rights Commission Act 2009. 

Duties and Responsibilities

2. Scope of Work

The consultancy seeks to engage a National Consultant to draft Rules under the National Human Rights Commission Act, 2009.

Key deliverables include, but are not limited to:

- A comparative analysis of the current Rules of at least 5 (five) National Human Rights Institutions (NHRIs) in countries, preferably in South and South-East Asia.

- Review the existing Rules, SOPs, and other relevant regulatory orders formulated/drafted/promulgated under the National Human Rights Commission Act, 2009.

- Consult relevant stakeholders, including NHRC staff and officers, CSOs, academia, youths, human rights defenders in Bangladesh, and Eminent lawyers with relevant experience in the areas of work to be covered by the Rules.  Consultations will include a formal invitation to submit recommendations.

- Draft Rules (in Bangla) for carrying out the purposes as stipulated in Section 30 of the National Human Rights Commission Act, 2009 with focus on Sections: 15(2), 23(3), 24(2), inquiries into human rights violations that will enable the NHRC to pursue its core function and mandate more efficiently, consistently and systematically and to make effective use of all apparatus in the law which should be prepared after.

3. Details of deliverables linked to payment

Deliverables

Days required

Payment Schedule

Tentative Payment Date

  • Submission of a comparative analysis of Rules of the NHRIs

10 working days

20% of payment

27 May 2021

  • Submission of draft Rules (in Bangla) framed under NHRC Act, 2009

10 working days

30% of payment

20 June 2021

  • Incorporate feedback, review draft and submission of final draft Rules (in Bangla)

10 working days

50% of payment

05 July 2021

4. Supervision and Performance Evaluation

The Consultant will report to and work under the direct supervision of the Chief Technical Advisor of the Human Rights Programme (HRP). S/He will be working with the National Programme Coordinator, HRP, UNDP, Bangladesh who will provide support to consultants with all available materials and necessary information for task achievement and facilitate the meetings, as required.  

5. Timeframe, deadlines and Duty station

The assignment will be for 30 working days over the period of two (02) months, duty station in Dhaka. 

Competencies

6. Professional Competencies

  • Experience in the usage of computers and office software packages, experience in handling of web-based management systems and communication skills.

7. Behavioural Competencies

  • Ability to plan, organize, implement, and report on work.
  • Positive and constructive attitude to work, effective problem solving, self-improvement, analysis, and synthesis.
  • Openness to change and ability to respond positively to feedback and differing points of view and integrates & updates; accordingly, adaptability, creativity.
  • Demonstrates integrity and ethical standards & maintains confidentiality.
  • Displays culture, gender, religion, race, nationality, age sensitivity and adaptability. 

8. Language

Fluency in written and spoken English and Bangla language and ability to write reports as required

Required Skills and Experience

9. EXPERIENCE AND QUALIFICATIONS

I. Academic Qualification

  • Minimum Master’s Degree in law/human rights/international relations/development studies or any other related field.

II. Experience

  • 15 years of experience in conducting research, policy-level analysis, report writing, and legal drafting.
  • Experience in working with CSOs/NGOs/INGOs/Governmental organizations,/research institutions or any UN agencies/donor agencies and legal practitioners. 

10. FINANCIAL PROPOSAL

Lump-sum contracts

The financial proposal shall specify the 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.

11. TRAVEL & DSA

No DSA will be paid at the duty station. All envisaged (local-district level) 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 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 of HRJP and Individual Consultant prior to travel which shall be UNDP’s expenses, and the individual contractor shall receive a per-diem not to exceed United Nations daily subsistence allowance (DSA) rate in such other location(s) and will be reimbursed.

12. 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]

  Candidates obtaining a minimum of 49 points out of 70 points allocated for the technical criteria would only be considered for the financial evaluation.

Technical criteria are given below: 

Criteria

Max. Point

Maximum weightage

Technical

 

70

70%

Academic qualification in-law/human rights/international relations/development studies or any other related field.

 

20

20%

Experience in conducting research, policy-level analysis, report writing, and legal drafting.

 

25

25%

Experience in working with CSOs/NGOs/INGOs/Governmental organizations/research institutions or any UN agencies/donor agencies or legal practitioners

 

25

25%

Financial

 

30

30%

Total

 

100

100%

13. Financial Evaluation: (Total obtainable score – 30)

All technically qualified proposals will be scored out by 30 based on the formula provided below. The maximum points (30) will be assigned to the lowest financial proposal. All other proposals receive points according to the following formula:

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

14. DOCUMENTS TO BE INCLUDED WHEN SUBMITTING PROPOSALS:

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