International Consultant to deliver 2-day workshop on the study of region. experience of cooper. of NHRIs with law enforcement agencies, assoc. of lawyers, internat. and region. HR instituti

Contract

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Background

The new edition of the Constitution of Turkmenistan (September 4, 2016) introduced creation of an independent national human rights institution with the post of the Commissioner for Human Rights in Turkmenistan and established the procedure for his/her election in accordance with the Paris Principles. In November of the same year, Turkmenistan adopted the Law "On the Ombudsman", which defines the rights, duties, main directions and guarantees of the Ombudsperson's activities and his/her mandate. In March 2017, the Parliament of Turkmenistan elected the Ombudsperson. According to the Law, the Ombudsperson considers complaints about decisions or actions (inactions) of state authorities, local authorities and their officials that relate to the rights, freedoms, and legitimate interests of citizens of Turkmenistan and foreign citizens and stateless persons in the territory of Turkmenistan.

The Law provides a legal basis for the immunity and independence of the Ombudsperson. The main directions of the Ombudsperson’s Office activities are to promote the development of international cooperation in the field of human rights, study, and implementation of international standards, as well as the implementation of Turkmenistan's international obligations to protect human rights and freedoms and raise awareness of the population in the field of human rights.

The Ombudsperson annually submits to the Government of Turkmenistan for consideration a report on his/her activities and the situation in the field of human rights in the country and delivers this report to the Parliament of Turkmenistan. The Ombudsperson has already presented three annual reports, which were published online.

In 2021 the United Nations Development Programme (UNDP) launched a joint two-year project with the Ombudsperson’s Office “Strengthening the institutional capacity of the Ombudsperson’s Office of Turkmenistan”. The project is focused on strengthening the capacity of the Ombudsperson’s Office to improve the system of protection, promotion, and implementation of human rights in Turkmenistan by bringing national legislation in line with the UN human rights conventions, as well as developing the institutional capacity of the Ombudsperson’s Office in accordance with the Paris Principles to provide support to the Office in obtaining accreditation by the Global Alliance of National Human Rights Institutions (GANHRI). The project includes the following components:

• Component 1: Strengthening the institutional capacity of the Ombudsperson’s Office in accordance with the Paris Principles.
• Component 2: Strengthening cooperation between the Ombudsperson’s Office and law enforcement agencies by raising the awareness of law enforcement officials, especially authorities and judges carrying out investigative and enforcement functions, lawyers, about international human rights law.
• Component 3: Raising the level of knowledge and awareness of the general population about human rights, functions, and activities of the Ombudsperson’s Office.

Following Component 2 of the project, UNDP seeks international expertise to provide advisory support for capacity building of the Ombudsperson’s Office in the GAHNRI accreditation process for the below two activities:

Activity 1: A two-day workshop on the study of a regional experience of cooperation of NHRIs with law enforcement agencies, associations of lawyers, international and regional human rights institutions. The activity is aimed to strengthen the cooperation between the Ombudsperson’s Office and law enforcement agencies for better implementation of Article 18 (1) of the Law On the Ombudsman.

The activity is aimed at raising the awareness of law enforcement officials, associations of lawyers, international and regional human rights institutions on raising awareness of international norms and standards in the field of human rights including the UN Standard Minimum Rules (SMR) for Treatment of Prisoners, access to legal aid in the criminal justice system, preparing relevant personnel in the use of SMR, investigation of inhuman or degrading treatment cases, etc.

Activity 2: A two-day workshop on international norms and practices of engagement of judiciary and associations of lawyers with NHRIs. Institutional protection of human rights is realized by courts in Turkmenistan. This activity is aimed to strengthen the cooperation between the Ombudsperson’s Office and judiciary in Turkmenistan for better implementation of Article 19 (2) of the Law On the Ombudsman on consideration of the Ombudsman complaints of citizens of Turkmenistan and foreign citizens and stateless persons in the territory of Turkmenistan against decisions or actions (inaction) of state authorities, local self-government, officials, civil servants, if earlier the applicant appealed these decisions or actions (inaction) in court or administratively, but disagree with the decisions taken on applicant`s complaint. The goal is to promote the cooperative relationship between Ombudsperson and judiciary on not only reacting to human rights violations but also preventing such violations.

Duties and Responsibilities

The present Terms of Reference sets out the objectives and tasks assigned to the international consultant, who in close consultation with the Ombudsperson’s Office and under the direct supervision of the Project Manager and Programme Analyst will:

Activity 1:

1. Develop an agenda of a two-day workshop with the related materials, presentations, and handouts on the study of a regional experience of cooperation of NHRIs with law enforcement agencies, associations of lawyers, and regional and international human rights institutions;
2. Conduct a two-day workshop on the study of a regional experience of cooperation of NHRIs with law enforcement agencies, associations of lawyers, international and regional human rights institutions;
3. Facilitate a debriefing session with the UNCT Team on the results of the workshop;
4. Provide UNDP with a report that will cover the results of the assignments with recommendations/suggestions for UNDP on further assistance to the Ombudsperson’s Office in the process of developing cooperation of Ombudsperson`s Office with law enforcement agencies, associations of lawyers, regional and international human rights institutions;

Activity 2:

1. Develop an agenda of a two-day workshop on international norms and practices of engagement of judiciary and associations of lawyers with NHRIs;
2. Conduct a two-day workshop on international norms and practices of engagement of judiciary and association of lawyers with NHRIs;
3. Facilitate a debriefing session with the UNCT Team on the results of the workshop;
4. Provide UNDP with a report that will cover the results of the assignments with recommendations/suggestions for UNDP on further assistance to the Ombudsperson’s Office in the process of developing cooperation of Ombudsperson`s Office with judiciary.

Results and Timing:

Activity 1:

• An agenda of a two-day workshop with the related materials, presentations, and handouts on the study of the regional experience of cooperation of NHRIs with law enforcement agencies, associations of lawyers, and regional and international human rights institutions developed (4 days);
• A two-day workshop on the study of the regional experience of cooperation of NHRIs with law enforcement agencies, associations of lawyers;
• A debriefing session with the UNCT Team on the results of the workshop facilitated (0,5 day);
• Reports that will cover the results of the assignments with recommendations/suggestions for UNDP on further assistance to the Ombudsperson’s Office in the process of developing cooperation of Ombudsperson`s Office with law enforcement agencies, associations of lawyers, regional and international human rights institutions provided UNDP (1 day);

Activity 2:

• An agenda of a two-day workshop on international norms and practices of engagement of judiciary and associations of lawyers with NHRIs developed (4 days);
• A two-day workshop on international norms and practices of engagement of judiciary and association of lawyers with NHRIs conducted (2 days);
• A debriefing session for the UNCT in Turkmenistan on results of the workshops organized and conducted (0,5 day);
• Reports that will cover the results of the assignments with recommendations/suggestions for UNDP on further assistance to the Ombudsperson’s Office in the process of developing cooperation of Ombudsperson`s Office with judiciary provided UNDP (1 day).

Location: Home-based. Number of days: 15 days, October 2021.

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 deliverable mentioned above.

Competencies

Corporate Competencies:

• Demonstrates integrity by modeling 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 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, or an equivalent in international law, human rights, or political science and other related field;

Experience:

• At least 10 years of working experience with or in National Human Rights Institutions, global or regional networks such as Global Alliance of NHRIs, Asian Pacific Forum of NHRIs (APF), European Network of NHRIs (ENNHRI), law enforcements agencies, judiciary, associations of lawyers;
• Experience in capacity and institution building in functions of NHRIs in promotion and protection of human rights, promoting cooperation of NHRIs with law enforcement agencies, judiciary, association of lawyers in line with Paris Principles and Belgrade Principles;

Language requirements:

• Fluency in English and Russian.

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 capacity building of law enforcement agencies, associations of lawyers, judges for cooperation with the Ombudsperson’s Office in 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 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 or human rights – 20 pts;
• At least 10 years of working experience with or in National Human Rights Institutions, global or regional networks such as Global Alliance of NHRIs, Asian Pacific Forum of NHRIs (APF), European Network of NHRIs (ENNHRI)– 20 pts;
• Experience in capacity and institution building in functions of NHRIs in promotion and protection of human rights, monitoring and reporting standards in line with Paris Principles and Belgrade Principles – 10 pts;
• Methodology – 20 pts;
• Knowledge of the UN human rights system and its method of operations – 10 pts;
• Fluency in English – 10 pts;
• Fluency in Russian – 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.