Background

Purpose
The purpose of this consultancy is to help enhance criminal accountability for war crimes and search for persons that went missing in the nineties as a consequence of the armed conflicts in the region, as two crucial and interconnected transitional justice processes in the Western Balkans region (Croatia, Bosnia and Herzegovina (BiH), Serbia, and Montenegro) are taking place. This will be achieved by further strengthening of the capacity of the national institutions responsible for these processes, especially their cross-border and cross-sectoral co-operation, as well as by strengthening the activism capacity of victims’ community(ies) and civil society organizations (CSO) in the region, in particular those concerned with search for missing persons.
 
Objective
The main objective of the consultancy is to inform UNDP Istanbul Regional Hub (IRH) and its Regional War Crimes (RWC) project staff about possible areas of development interventions, as well as the most suitable directions for such interventions, through a needs assessment of the national institutions for the search missing persons (IMPs) and national prosecution offices (POs), as well as the CSO and victims’ communities, especially those concerned with the search for missing persons. After conducting the needs assessment, the consultant will produce a report which will outline recommendations for interventions and support in these fields, especially those that could increase and enhance synergies between war crimes accountability and search for missing persons in the Western Balkans.

Background Information
The consultancy is planned within the Regional War Crimes (RWC) Project– (BiH, Croatia, Montenegro and Serbia), implemented by UNDP.
The RWC Project aims to strengthen the rule of law in the Western Balkans by contributing to effective fight against impunity for war crimes through support to regional cooperation in war crimes processing and other efforts to address the legacy of the conflict from the nineties in region. The project builds on the Platform for Regional Cooperation on processing war crimes and the search for missing persons, established among the POs and IMPs of BiH, Croatia, Montenegro and Serbia, which has been facilitated by UNDP since 2015, under the initiation phase of the project. The platform has supported trust-building among the key actors, re-activation of cross-border communication, exchange of information and evidence, as well as commitment to joint investigations.

The overall aim of the RWC Project will be realized through the achievement of the following project outputs:

  • Strengthened regional cooperation among prosecution services through improvement of the legal framework for cross-border cooperation aimed at increased efficiency of the war crimes processing in BiH, Croatia, Montenegro, Serbia;
  • Establishment of cross-border victim and witness support system and framework of regional consultations between the victims’ associations and Prosecutors Offices, including enhanced communication with victims and the public.

Overall, the project will contribute to maximizing societal impact of criminal proceedings and other transitional justice processes, including the search for missing persons, contributing to a conducive environment for reconciliation and sustaining peace in the region. It will do so through expediting the prosecution of war crimes, enhancing cross-border support to victims and witnesses, facilitating regional dialogue among POs and other relevant institutions, including IMPs, and victims’ associations, while also promoting transparent and data-based communication and public outreach on processing of war crimes cases, search for missing persons and other transitional justice processes.

The study will assess possible needs for collaboration, mutual information sharing and co-ordination between POs and IMPs, and how improvements in search for missing persons can help reduce the backlog of war crimes cases, but also vice versa. The consultancy will also encompass identification of needs of victims’ associations and recommendations for supporting their capacity development and work.

Duties and Responsibilities

The consultancy is planned within the Regional War Crimes (RWC) Project– (BiH, Croatia, Montenegro and Serbia), implemented by UNDP.
The RWC Project aims to strengthen the rule of law in the Western Balkans by contributing to effective fight against impunity for war crimes through support to regional cooperation in war crimes processing and other efforts to address the legacy of the conflict from the nineties in region. The project builds on the Platform for Regional Cooperation on processing war crimes and the search for missing persons, established among the POs and IMPs of BiH, Croatia, Montenegro and Serbia, which has been facilitated by UNDP since 2015, under the initiation phase of the project. The platform has supported trust-building among the key actors, re-activation of cross-border communication, exchange of information and evidence, as well as commitment to joint investigations.

The overall aim of the RWC Project will be realized through the achievement of the following project outputs:

  • Strengthened regional cooperation among prosecution services through improvement of the legal framework for cross-border cooperation aimed at increased efficiency of the war crimes processing in BiH, Croatia, Montenegro, Serbia;
  • Establishment of cross-border victim and witness support system and framework of regional consultations between the victims’ associations and Prosecutors Offices, including enhanced communication with victims and the public.

Overall, the project will contribute to maximizing societal impact of criminal proceedings and other transitional justice processes, including the search for missing persons, contributing to a conducive environment for reconciliation and sustaining peace in the region. It will do so through expediting the prosecution of war crimes, enhancing cross-border support to victims and witnesses, facilitating regional dialogue among POs and other relevant institutions, including IMPs, and victims’ associations, while also promoting transparent and data-based communication and public outreach on processing of war crimes cases, search for missing persons and other transitional justice processes.

The study will assess possible needs for collaboration, mutual information sharing and co-ordination between POs and IMPs, and how improvements in search for missing persons can help reduce the backlog of war crimes cases, but also vice versa. The consultancy will also encompass identification of needs of victims’ associations and recommendations for supporting their capacity development and work.
 

Duties and Responsibilities

Scope of Work

The assessment that the consultant is going to conduct in the region will determine specific needs of the IMPs and POs with regard to their professional skills and knowledge, legal framework for their successful operation, their co-operation with the peer institutions from the region and other relevant national and international institutions (including with victims’ community and CSOs), technical equipment, and other areas where they may need further assistance and improvement. The same study will also establish needs of the CSO and victims’ communities, especially those concerned with the search for missing persons.

The needs assessment will be conducted through direct communication with the representatives of the competent national institutions, CSOs, victims’ community, international stakeholders and other relevant collocutors as well as by examining available reports and literature on the matter. It will take into account activities and plans of other stakeholders engaged in supporting search for the missing persons and war crimes case processing in the region.

The Consultant will present the study to UNDP in the form of a report which will also outline specific recommendations for UNDP and possible interventions and support in this area.

More specifically, the consultant will undertake the following main tasks:
Task 1: Design and planning of a needs assessment study
Under this task the Consultant will:

  • Familiarize himself/herself with key documents and have a meeting with the RWC Project team;
  • Based on the inputs from the RWC project team, provide a methodology for conducting an assessment of   support needed for IMPs, POs, CSOs and victims’ associations so that more progress could be achieved in the search for missing persons and accountability for war crimes and in building synergies between the two processes; determine areas, topics, and issues on which information will be sought for the needs assessment; outline a plan of meetings and external contacts for the purpose of the study; submit the methodology and plan to the RWC Project Team for approval. The level of effort for this task will not exceed 2 expert days.

Task 2:  Collecting information for the needs assessment
Under this task the Consultant will:

  • Based on the approved needs assessment methodology and plan, collect information for the needs assessment study on the issues described above, in particular through:
    • liaising with and interviewing representatives of IMPs, POs and other competent national institutions in the region, CSOs and victims’ associations, including, in particular, associations of missing persons’ families, and relevant international organisations;
    • reviewing their reports, other materials and written inputs when available;
    • reviewing reports from other available sources and literature on the matter;
    • collecting relevant information through other sources as appropriate.

The level of effort for this task will not exceed 20 expert days.


Task 3: Producing a needs assessment report
Under this task the Consultant will:

  • Analyse the collected information and prepare a needs assessment report, including detailed findings on identified needs with regard to each potential beneficiary of capacity development activities, observations on key challenges, and recommendations for follow-up tailor made capacity development activities.The level of effort for this task will not exceed 8 expert days.

Deliverables and Timeline
Consultant is responsible for the following deliverables:
Deliverables/outputs

# Deliverables / outputs # of days per task Due date Percentage

1 Task 1: Design and planning of the needs assessment study

  • A needs assessment methodology and plan developed and approved by the RWC Project Team. 2 expert days 20 January 2019 5%

2 Task 2: Collecting information for the needs assessment

  • Relevant information for the needs assessment collected (by interviews, review of relevant reports and other available materials, etc.)   20 expert days 12 February 2019 60%

3 Task 3: Producing a needs assessment report

  • Collected information analysed and a needs assessment report produced, with detailed findings, observation and recommendation for tailor made follow up capacity building activities. 8 expert days 25 February 2019 35%

Competencies

Corporate competencies:

  • Demonstrates integrity by modelling the UN’s values and ethical standards;
  • Promotes the vision, mission, and strategic goals of UNDP;
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
  • Treats all people fairly without favouritism;
  • Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment.

Functional competencies:

  • Strong interpersonal skills, communication and diplomatic skills, ability to work in a team;
  • Openness to change and ability to receive/integrate feedback;
  • Ability to work under pressure and stressful situations;
  • Strong analytical, reporting and writing abilities;
  • Excellent public speaking and presentation skills.

 

Required Skills and Experience

Academic Qualifications/Education

  • Master`s degree in humanities, law, human rights, development and other relevant social sciences. BA degree with additional two years of working experience may be accepted in lieu of the master’s degree.

Experience

  • At least 8 years of professional experience in the areas of human rights, rule of law and transitional justice in public institutions, civil society organisation or development organizations.
  • Professional experience with capacity development of national institutions in the Western Balkans; experience in developing and implementing capacity building projects and reporting.
  • Previous professional experience with victims of armed conflict, or search for missing persons, or investigation/factfinding of war time related events, or a combination thereof will be considered a strong asset.
  • Excellent knowledge of transitional justice processes in the Western Balkans, its key stakeholders and main challenges, including familiarity with the institutional landscape in the areas of search for missing persons and war crimes case processing and with CSOs active in the areas.
  • Proven analytical skills and ability to synthetize information, conceptualise and write concisely and clearly.

Languages Requirements

  • Fluency in BCMS and English.

Other Requirements

  • Excellent computer skills (MS Office applications) and ability to use information technologies as a tool and resource.

 

Documents to Be Included When Submitting the Proposals

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

                 -Explaining why they are the most suitable for the work;

  • Financial proposal in USD which will separately specify professional fee, indicating number of anticipated working days, travel costs (air-ticket or use of private vehicle), living allowance, and all other applicable costs.

 

Financial Proposal

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 diem, 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 does not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so using their own resources.

Evaluation
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%


Qualification Criteria
Criteria Weight  Max. Point

  • Relevant Education 20% 20;
  • Relevant professional experience 70% 70;
  • Knowledge of English and the languages of the Western Balkans region 10% 10.

Only candidates obtaining a minimum of 50% would be considered for the technical evaluation 

Evaluation criteria

  • Qualification Score (weighted) 15% 15;
  • Professional experience in the areas of human rights, rule of law and transitional justice in public institutions, civil society organisation or development organizations 30% 30;
  • Professional experience with capacity development of national institutions in the Western Balkans, with developing and implementing capacity building projects, and with reporting  30% 30;
  • Professional experience with victims of armed conflict, or search for missing persons, or investigation/factfinding of war time related events 25% 25.

Only candidates obtaining a minimum of 60% of the technical evaluation score would be considered for the financial evaluation


Please scan all above mentioned documents and upload as one attachment only online through this website.

Note:

  • For an assignment requiring travel, consultants of 65 years or more require full medical examination and statement of fitness to work to engage in the consultancy.
  • Due to large number of potential applicants, only competitively selected candidates will be contacted for remaining steps of the service procurement process.

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