Job: INTERNATIONAL CONSULTANT: EXPERT ON RULE OF LAW BASELINE STUDY

Location :
Kabul, AFGHANISTAN
Application Deadline :
11-Dec-13
Additional Category
Crisis Prevention and Recovery
Type of Contract :
Individual Contract
Post Level :
International Consultant
Languages Required :
English
Starting Date : (date when the selected candidate is expected to start)
23-Dec-2013
Duration of Initial Contract :
7 months of work at the duty station (over a period of 9 months)
Expected Duration of Assignment :
7 months of work at the duty station (over a period of 9 months)
Background
The Rule of Law Indicators Study (RoLIS) is relevant to conflict/post conflict countries and was developed by the Department of Peace Keeping Operations (DPKO-UN) and OHCHR between 2008-2011 in collaboration with UNDP and other UN agencies. It was subsequently endorsed by the United Nations Secretary-General, the World Bank, and member States as a UN system-wide tool to be initiated by national governments and meant to enhance their capacities. The RoLIS is an important tool that provides justice institutions (JIs) with substantive information and data to make informed policy decisions. At present, a significant challenge is the effective coordination of the multiple donors and partners working in the justice sector. To date the JIs lack the capacity and comprehensive data to monitor progress and identify areas for which to request more support. The RoLIS is expected to provide the JIs with tools to monitor performance and change, and will provide a powerful instrument to inform policies and direct donor support. The RoLIS has been implemented in South Sudan, Liberia and Haiti, and unlike other baseline/M&E tools it is designed specifically to be implemented by national actors with the aim to develop their M&E capacities. This tool will be contextualized for Afghanistan based on a Mission that facilitated discussions between national justice sector stakeholders and international agencies in 2012. Further discussions between the United Nations Assistance Mission in Afghanistan (UNAMA) and UNDP in 2013 have identified the implementation modalities of this project.
At present the Government of Afghanistan lacks an M&E framework to monitor the progress of national level activities and other activities that are jointly being implemented by international agencies with their national counterparts in the justice sector. This will affect the ability to measure the progress of the National Priority Programme and its progress. It is therefore important to establish a national baseline in Afghanistan in select provinces where work is expected to be undertaken by UNDP and other agencies with the national JIs.
Duties and Responsibilities
The International Consultant will be working with a working group representing Ministry of Justice (MoJ), Attorney General's Office (AGO), Supreme Court, Central Prison Department-Ministry of Interior (CPD) and Afghanistan Independent Bar Association (AIBA) to develop a set of indicators for all five justice institutions so that they can measure performance and gauge improvement. Overall the rule of law indicators study (RoLIS) includes:
  • Identification of basket of indicators;
  • Design of FGDs for public and experts and observation framework;
  • Technical support for the preparation of legal document review and administrative data analysis;
  • Final report.
The indicators that will be developed will be key to the RoLIS. Only with the development of these indicators can the second part of the work be initiated which includes:
  • Design of FGDs for public and experts and observation framework. Based on the indicators a set of questions will be developed to be implemented through focussed group discussions with the public and experts working for justice sector institutions (this includes judges, lawyers, prosecutors, police and prison officials).
  • Technical support for the preparation of legal document review and administrative data analysis. Based on the indicators, legal policy documents, presidential decrees and legislation will be reviewed to identify gaps and contradictions in the documents.
  • A final report will be developed based upon all of the information that will be collected, including administrative data, information collected through the focus group discussions and desk review.
The International Consultant will be working on a daily basis with the Director of Policy and Planning Department of the Ministry of Justice and will report directly to the Component 1 Policy, Legislation and Human Rights Specialist, and coordinate closely with the Chief Technical Advisor and National Project Manager where necessary. The Consultant will be expected to work at the JHRA office based at the Annex building of the Ministry of Justice and at the Ministry of Justice in Kabul.
Identification of basket of indicators:
Design indicators for rule of law baseline study covering the civil and criminal justice systems of Afghanistan. The institutions that will be covered are: Afghanistan National Police, Attorney General's Office, Supreme Court, Ministry of Justice Legal Aid Department and Huqoq Department, Afghanistan Independent Bar Association, and the Central Prisons Department. The indicators will be designed to measure four major dimensions of civil and criminal justice institutions: performance; integrity, transparency and accountability; treatment of members of vulnerable groups; and capacity. The work will be through discussions with the working group for the Rule of Law Indicators Study and through desk review of presidential decrees, National Priority Plans 5 & 6, studies undertaken on the justice sector institutions and public perception surveys. Capacity development of the members of the working group will be undertaken while developing the indicators. The Consultant will be expected to provide training to the working group and those involved in the RoLIS on how to develop indicators, how to collect administrative data, how to monitor the progress of the study, how to develop the final report, etc.
Designing FGD discussions for public & expert groups and design observation schedule:
The International Consultant will be expected to design and supervise a series of FGDs that will be implemented at the provincial or district levels with a set of indicators based on each institution with the following target audiences: (1) provincial councils; 2) Shuras/maliks/ulemas; (3) students and academics in law faculties; (4) women's groups; (5) IDPs or Afghan returnees. Judges, lawyers, Huqoq officials of the Department of Justice, prison officials, police and NGOs, etc., will be engaged in separate FGDs.
It is expected that these FGDs will be undertaken by a contracting company with the technical support of JHRA-UNDP and UNAMA Rule of Law Unit. The training of the FGD implementation teams will be undertaken by the International Consultant. Further, the Consultant will be expected to design the FGDs and develop the questionnaires for these sessions. The design of the FGDs will be based on the rule of law indicators and National Priority Plan 5 Law and Justice for All. The results from these discussions will be documented by the respective implementation teams.
UNAMA Rule of Law Teams will assist in observing the JIs at the provincial and district levels, where possible. The International Consultant will be expected to provide the design, orientation and coordination to the teams for this purpose.
Technical support for desk review and administrative data collection:
An International UNV is expected to coordinate the administrative data collection with the staff of the Policy and Planning Department at the Ministry of Justice. Further, the UNV will provide assistance and direction on the procedures that will be adopted to enter this data into the system that can be easily used and analyzed. The UNV will receive the necessary support in this regard from data entry operator/s. The UNV will be expected to lead in coordination and organize regular meetings to undertake a consistent flow of information between the organisations and the national justice institutions and report on the progress, identify challenges, and coordinate to ensure progress.
The International Consultant will be expected to provide assistance in the coordination meetings where necessary and help find solutions for challenges and bottlenecks. Overall supervision of the desk review and analysis of administrative data will be the responsibility of the International Consultant. During this period the Consultant will also be expected to provide mentoring to the PPD staff.
Final report:
The resulting analyses, such as the public FGD reports, experts analysis and observations of justice sector institutions, desk review, and administrative data will be collated. The Consultant will prepare the final report with the assistance of the International UNV. The final report will be translated and presented by the PPD and the Consultant at a national workshop. The final report of 40-50 pages will document the findings of the analysis of the justice sector using appropriate measures and indicators for assessment of the implications for future interventions.
Deliverables:
  • Preparation of work plan within one week of joining;
  • Finalised terms of reference for Focus Group Discussions with Community groups/public across eight provinces within two weeks of joining of assignment;
  • Identification of draft indicators within four - weeks of starting the assignment;
  • Further, 3-4, half-day or one-day capacity-building workshops/meetings to be undertaken to finalise the indicators with UNDP-UNAMA experts, national and international stakeholders. These workshops will be arranged by JHRA, while the Consultant will be expected to provide the training;
  • Design of FGDs for public and experts and observation sheets will be a part of the implementation package. These must be completed within eight weeks of initiation of the work;
  • Training of core team of experts for implementation of FGD's and expert survey within eight weeks of initiation of work;
  • Supervision and coordination to be provided for administrative data collection, preparation of observation reports and meetings to be undertaken at various coordination meetings to engage with national and international stakeholders at the provincial and national levels;
  • One report will be finalized, translated and presented at a national workshop with the Policy and Planning Department within nine months of commencement of the assignment.
Competencies
Functional Competences:
Knowledge Management and Learning
  • Promotes knowledge management in UNDP and a learning environment in the office through leadership and personal example;
  • In-depth practical knowledge of inter-disciplinary development issues;
  • Actively works towards continuing personal learning and development in one or more Practice Areas, acts on learning plan and applies newly acquired skills;
  • Seeks and applies knowledge, information, and best practices from within and outside of UNDP.
Development and Operational Effectiveness:
  • Ability to lead strategic planning, change processes, results-based management and reporting;
  • Ability to lead formulation, oversight of implementation, monitoring and evaluation of development projects;
  • Ability to apply development theory to the specific country context to identify creative, practical approaches to overcome challenging situations.
Management and Leadership:
  • Builds strong relationships with clients, focuses on impact and result for the client and responds positively to feedback;
  • Consistently approaches work with energy and a positive, constructive attitude;
  • Demonstrates openness to change and ability to manage complexities;
  • Ability to lead effectively, mentoring as well as conflict resolution skills;
  • Demonstrates strong oral and written communication skills;
  • Remains calm, in control and good humored even under pressure;
  • Proven networking, team-building, organizational and communication skills;
  • Focuses on result for the client and responds positively to feedback;
  • Ability to meet tight deadlines;
  • Good analytical and strategic thinking ability.
Corporate Competences:
  • Demonstrates commitment to UNDP's mission, vision and values;
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
  • Highest standards of integrity, discretion and loyalty.
Required Skills and Experience
Education:
  • Master`s degree or equivalent in Law, Gender Studies, International Development Studies or other relevant field that would have substantive background in working on legal aid and justice issues.
Experience:
  • At least 5 years of relevant international experience in working on qualitative and quantitative legal research;
  • Previous experience undertaking baseline studies of justice sector institutions and mapping of justice sector agencies;
  • Knowledge and experience in mentoring senior national justice sector actors;
  • Experience in working with diverse teams from governmental and international agencies;
  • A range of experience in the United Nations, governmental, other multilateral and/or civil society organization in a developed or developing country is highly desirable;
  • Previous work experience in conflict/post conflict countries is an asset.
Language Requirements:
  • Excellent knowledge of English and ability to communicate clearly in written and spoken English;
  • Working knowledge of Dari is a strong asset.
Evaluation Method:
The offer will be evaluated by using the Best Value for money approach (combined scoring method). The Technical Proposal will be evaluated on 70%. Whereas the Financial Proposal will be evaluated on 30%.
Criteria:
  • Technical – proposed activities for achieving the deliverables (technical proposal);
  • Advanced university degree in relevant disciplines – law, human rights, gender development, international development, etc.
  • At least 5 years of relevant international experience in working on qualitative and quantitative legal research;
  • Knowledge and experience in mentoring senior national justice sector actors.
  • Excellent written and spoken English and presentational skills.
UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.

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