Background

The Project “Assistance in the realization of the National Action Plan of Turkmenistan in the field of human rights for 2021-2025” consolidates the established constructive relationship between UNDP and the Government of Turkmenistan in the implementation of the global Agenda for Sustainable Development 2030 (Agenda 2030) and the relevant SDGs adopted by Turkmenistan in September 2016.

The long-term goal of the Project is to assist the Government of Turkmenistan in the development of a system for the protection, promotion, and implementation of human rights in Turkmenistan by further improving the legislative framework in this area and its proper implementation in accordance with the country's obligations under international treaties in the field of human rights and the implementation of the National Human Rights Action Plan (NHRAP) for 2021-2025.

The Project “Assistance in the realization of the National Action Plan of Turkmenistan in the field of human rights for 2021-2025” aimed at strengthening the national system of protection, promotion, and realization of human rights in Turkmenistan by harmonizing laws and practices in accordance with the country's international human rights obligations has three main components:

  • Component 1: Assistance in the implementation and monitoring of the implementation of the activities of NHRAP for 2021-2025;
  • Component 2: Studying international experience and building the capacity of members of the Interagency Commission for the preparation of national periodic reports to the UN human rights treaty bodies to fulfil Turkmenistan's international obligations in the field of human rights;
  • Component 3: Promotion of human rights education at various levels of educational institutions and professional training courses;

Turkmenistan ratified ICESCR on May 1, 1997. In 2023 it is expected that Turkmenistan will submit the third periodic report of the country to the Committee on Economic, Social and Cultural Rights. The goal of this assignment is to assist the Working group of the Interdepartmental Commission on Ensuring Compliance with Turkmenistan's International Commitments in the Field of Human Rights and International Humanitarian Law (IAC) to prepare for the third periodic report to the Committee on Economic, Social and Cultural Rights by providing Analysis on Compliance of National Legislation with the Provisions of ICESCR.

Duties and Responsibilities

Following Component 1 of the project, this Terms of Reference lays out the goals and objectives set for an international consultant who in close cooperation with the Institute of State, Law, and Democracy of Turkmenistan, and under the direct supervision of the Programme Analyst and the Project Manager, will:

  1. Desk review of the national legislation of Turkmenistan on its compliance with the provisions of the International Covenant on Economic Social and Cultural Rights (ICESCR);
  2. Desk review of the NHRAP for 2021-2025, National Action Plan on Gender Equality in Turkmenistan for 2021-2025, National Action Plan for the Implementation of Children's Rights in Turkmenistan for 2018-2022, Mid-term Review of the fulfilment of human rights obligations in Turkmenistan in compliance with the UPR Recommendations received in 2018 and related legislation of Turkmenistan;
  3. Develop Preliminary Draft of the Analysis on Compliance of National Legislation with the Provisions of the ICESCR, and Recommendations on improving legislation of Turkmenistan to the Working Group of the IAC;
  4.  Develop an Agenda of a two-day workshop with the related materials, presentations, and handouts based on the developed Preliminary Draft of the Analysis on Compliance of National Legislation with the Provisions of the ICESCR, and Recommendations to be presented to workshop participants (members of the Working Group of IAC);
  5. Conduct a two-day workshop on discussion of the Preliminary Draft of the Analysis on Compliance of National Legislation with the Provisions of the ICESCR, and Recommendations on improving legislation of Turkmenistan;
  6. Organize and conduct a debriefing session for the UN Country Team in Turkmenistan;
  7. Provide UNDP with the Final Draft of the Analysis on Compliance of National Legislation with the Provisions of the ICESCR, and Recommendations on improving legislation of Turkmenistan, as well as a report to reflect the results of the assignment for UNDP to further assist in the compliance of national legislation with the provisions of the ICESCR in Turkmenistan.

Results and Timing:

  • Desk review of national legislation and respective development programmes and plans conducted, and Preliminary Draft of the Analysis on Compliance of National Legislation with the Provisions of the ICESCR, and Recommendations on improving legislation of Turkmenistan to comply with ICCPR to the Working Group of IAC developed (6 days);
  • An Agenda, related materials, handouts, and presentations for a two-day online workshop developed (2,5 days);
  • A two-day workshop on discussion of the Preliminary Draft of the Analysis on Compliance of National Legislation with the Provisions of the ICESCR, and Recommendations on improving legislation of Turkmenistan conducted (2 days);
  • A debriefing session for the UN Country Team in Turkmenistan organized and conducted (0,5 day);
  • A Final Draft of Analysis on Compliance of National Legislation with the Provisions of the ICESCR, and Recommendations on improving legislation of Turkmenistan and a report to reflect the results of the assignment for UNDP to further assist in the compliance of national legislation with the provisions of the ICESCR in Turkmenistan prepared (1 days);

Location: home-based (online). Number of days: 12 days, June – July 2022.

Payment Conditions:

This is a lump sum contract that should include all costs required to produce the above deliverables. The payment shall be released via a bank transfer in one installment. 100% upon submission and UNDP formal acceptance of the deliverables mentioned above.

Competencies

Corporate Competencies:

  • Demonstrates integrity by modeling the UN’s values and ethical standards;
  • 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 National Human Rights Institutions;
  • 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, or another related field.

Experience:

  • At least 10 years of progressively responsible professional work experience at the national and international levels with National Human Rights Institutions, UN agencies and other international human rights organizations;
  • Experience in working on reviewing implementation of the Recommendations of UN agencies or other international human rights organizations, developing Analysis on compliance of national legislation with the Provisions of the ICESCR or other international conventions;
  • Experience in capacity and institution building in international standards for the measurement and implementation of human rights obligations for reporting standards in line with UN agencies` requirements;

Language requirements:

  • Fluency in English; Russian will be an asset.

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 the development of an Analysis on Compliance of National Legislation with the Provisions of the ICESCR, and Recommendations on improving legislation of Turkmenistan;
  • 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 can be found at   http://www.tm.undp.org/content/turkmenistan/en/home/procurement.html. The UNDP will enter 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 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 consider the following as per the scoring provided:

  • Master’s degree in international law, human rights, political science, or other related field – 20 pts;
  • At least 10 years of working experience progressively responsible professional work experience at the national and international levels with National Human Rights Institutions, UN agencies and other international human rights organizations – 20 pts;
  • Methodology – 15 pts;
  • Interview – 15 pts;
  • Fluency in Russian – 20 pts;
  • Fluency in English – 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.