Background

Introduction:

There is a growing international recognition that insufficient use of alternatives to imprisonment and an excessive use of pre-trial detention and imprisonment are key drivers of the continuing growth of prison populations, prison overcrowding and inadequate prison conditions worldwide. Many countries, including Sri Lanka, rely heavily on imprisonment as the default or only means of criminal sanction. Overcrowded prisons and detention facilities serve as fertile breeding grounds for radicalization to violence, often rendering those sentenced for minor offenses vulnerable to recruitment by violent extremist or terrorist groups.  Despite the existence of detailed international standards and norms, countries around the world are facing challenges in the use of non-custodial measures, including gaps in legal and policy frameworks, a lack of capacity and awareness among criminal justice practitioners or insufficient public awareness on the harmful effects of imprisonment and benefits of alternatives to imprisonment.

 

Background:

One of the most significant challenges of the Sri Lankan prison system is overcrowding. Many prisons operate at nearly 200% of their official capacity as well as under-staffing and under-funding.  Although the Government of Sri Lanka has shown commitment to improving the situation in prisons and to considering the overall reform of the criminal justice system, the underlying problem of prison overcrowding and its challenges remain.

 

As part of its mandate to promote the implementation of the international standards and norms in the field of crime prevention and criminal justice, UNODC assists Member States in using non-custodial measures to pre-trial detention and imprisonment. In line with the initiatives by the Government of Sri Lanka, UNODC Regional Office of South Asia (ROSA) is implementing a project in Sri Lanka with an aim to promote the effective use of non-custodial measures in Sri Lanka. The objective of this project is to promote the effective use of non-custodial measures in appropriate cases to strengthen the Sri Lankan criminal justice system but also contribute significantly to preventing and countering radicalization and violent extremism.

 

The interventions will be based on relevant international standards and norms, namely the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules, 1990) and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules, 2010), of which UNODC is a custodian.

 

Overall Objective of the Consultancy:

The overall objective of this assignment is to support project implementation in Sri Lanka by developing a module for Sri Lanka Judges’ Institute (SLJI) on Sentencing and Granting Bail with a special focus on role of judicial officers.

Duties and Responsibilities

Specific Tasks:

Under direct supervision of the National Programme Officer of the UNODC, ROSA based at Programme Office in Sri Lanka and in consultation with the Criminal Justice Expert of UNODC ROSA based at New Delhi, the consultant will undertake the following activities:

 

  • Development of a module covering the topics on Judges’ Role in Sentencing and Bail for the SLJI;  
  • Carry out a desk review of existing modules and course work and information available with SLJI in relation to Sentencing and Bail;
  • Organize and conduct stakeholder meetings/ focus group discussions with the relevant officials with the guidance of the SLJI;
  • Prepare a draft Module and present it to SLJI and incorporate recommendations;
  • Submit a finalised Module

UNODC programme staff based in Sri Lanka will assist the consultant in identifying relevant participants for the focus group meetings and discussions in Sri Lanka with the guidance of SLJI.

 

Scope of work and expected outputs/ deliverables:

Based on research, analysis and consultations and focus group discussions, the Consultant will provide a draft Module on the Sentencing practices and provisions related to Bail in Sri Lanka by:

  • Developing a questionnaire for focus group discussions;
  • Carrying out detailed secondary/desk research through material available with the    assistance of the SLJI:
  • Development of a draft Module and obtain feedback from the SLJI;
  • Development of a finalised module

 

Specific deliverables and payment terms:  

Deliverable / Date of delivery / Percentage payment

  1. Submission of project implementation timeline, plan of actions for 3 months of the contract, and methodology of the Module / 31 July 2021;
  2. Submission of a draft module / 31 August 2021;
  3. Submission of a final Module / 25 September 2021.

100% of payment once the above deliverables are finalized.

 

Note:

  • Any kind of miscellaneous charges i.e. internet, phone etc. would not be reimbursed;
  • Please note proposals without the financial proposal will not be considered;
  • The Consultant will receive payment upon the satisfactory completion and submission of the relevant deliverables.

 

Time-frame:

The Contract will be for a period of 20 days from 15 July 2021 to 30 September 2021.

Competencies

UNODC Core Competencies and the prospective consultant should, as a minimum, have the following competencies

  • Results focus and good team player;
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
  • Excellent written communication skills, with analytic capacity and ability to synthesize relevant collected findings for the preparation of module
  • Maturity and confidence in dealing with members of the judiciary and Sri Lanka Judges Institute

Required Skills and Experience

  • An advanced university degree (Master’s degree or equivalent) in law, criminal justice is required.  A first-level degree in similar fields in combination with two additional years of working experience may be accepted in lieu of the advanced degree;
  • A minimum of 10 years of experience in the field of capacity building in judicial officers, academia and module development, alternatives to imprisonment, non-custodial measures and some experience in South Asian context is required;
  • Excellent understanding/experience of the emerging issues related to non-custodial measures in the penal reform sector is required;
  • Experience of having worked within the criminal justice sector is required;
  • Knowledge of and practical experience in development of modules for training institutions is desirable.
  • Experience in the usage of computers and office software packages (MS Word, PowerPoint,  Teams, etc.) is an advantage

 

Award of the contract:

The contract shall be awarded to the individual whose offer has been evaluated and determined as:

  • Responsive to the criterion outlined in the TOR.
  • Having received the highest score of a predetermined set of technical and financial criterion specific to the solicitation and based on cumulative criterion.

 

Technical Criteria weight - 70 marks

  • Educational Qualification - 20 points
  • Experience in project implementation in rule of law, academia and criminal justice field - 40 points
  • Experience in module development in the areas of legal education, justice delivery and rule of law
  • Experience of South Asian development context and working with the government and development partners in the region (in particular within Sri Lanka) - 20 points.

 

Financial Criteria weight - 30 marks

Technical and Financial Proposals to be submitted separately.

 

Only candidates obtaining a minimum of 49 points (70% of the total technical points) would be considered for the Financial Evaluation.

 

HOW TO APPLY

 

The application should contain:

  • Cover letter explaining why you are the most suitable candidate for the advertised position and a brief methodology on how you will approach and conduct the work.
  • Updated CV to include qualifications/competencies and relevant past experience in similar projects and contact details of 3 professional referees who can certify your competencies, professionalism, quality of writing, presentation and overall suitability to this TOR
  • Individual consultants will be evaluated based on a combination of factors including cover letter, the credentials on offer and brief interview (optional) and the offer which gives the best value for money for the UNDP.
  • Please send the Financial Proposal separately to the following e-mail address: consultants.lk@undp.org  stating the vacancy number/position  in the subject line.  Failing to provide correct vacancy number & Position would be a disqualification.

 

FINANCIAL PROPOSAL   

All Inclusive Lump Sum Fee: LKR (_______________________________________)

Amount in words: (Rs.______________________________________________________)


Please refer the below link for Financial Proposal Template

Letter of Confirmation of Interest template 

 

Note: Payments will be based on invoices on achievement of agreed milestones i.e. upon delivery of the services specified in the TOR and certification of acceptance by the UNDP. The applicant must factor in all possible costs in his/her “All Inclusive Lump Sum Fee” including his/her consultancy and professional fee, travel (economy class flights is required to and from the Duty Station) honorarium, board and lodging, and any other foreseeable costs in this exercise. No costs other than what has been indicated in the financial proposal will be paid or reimbursed to the consultant. UNDP will only pay for any unplanned travel outside of this TOR and Duty Station on actual basis and on submission of original bills/invoices and on prior agreement with UNDP officials. Daily perdiums and costs for accommodation/meals/incidental expenses for such travel shall not exceed established local UNDP DSA rates.

 

For an Individual Contractor who is 65 years of age or older, and on an assignment requiring travel, be it for the purpose of arriving at the duty station or as an integral duty required travel under the TOR, a full medical examination and statement of fitness to work must be provided.  Such medical examination costs must be factored in to the financial proposal above. Medical examination is not a requirement for individuals on RLA contracts. 

 

Contact information for queries related to the Request for Proposals:

For any clarification please contact:       anusha.munasinghe@un.org / seema.arya@un.org