National Consultancy on Justice for children system reform: National Legislation comparative analyses to international standards
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ToR for consultant on Legislation analysis_10152020_RUS_LAST.docx
UNICEF works in some of the world's toughest places, to reach the world's most disadvantaged children. To save their lives. To defend their rights. To help them fulfill their potential.
Across 190 countries and territories, we work for every child, everywhere, every day, to build a better world for everyone.
And we never give up.
For every child,
Background and rationale
The National Program on Justice for children system reform for 2017-2021 underscores the importance of revising justice system making it child friendly, it also highlights the role played by justice systems in addressing child rights violations including addressing violence and exploitation of girls and boys and preventing its re-occurrence. To contribute to the realization of the rights of all children and to ensure that children participating in justice processes are treated in accordance with international standards, the program elaborates some key measures. These includes revision of the national legislation and bringing them in compliance with international standards.
Moreover, children who are victims and witnesses are particularly vulnerable and need special protection, assistance and support appropriate to their age, level of maturity and unique needs in order to prevent further hardship and trauma that may result from their participation in the criminal justice process that is either abstractedly mentioned by the national legislation or not regulated at all. Child victims and witnesses of crime are often re-victimized by justice systems that are not adapted to their rights and needs. Professionals—including the police, prosecutors and judges— often lack specialized training in dealing with child victims and witnesses. Related procedures are rarely child-sensitive.
Establishment of a child friendly justice system, among other things, requires a sound legal and regulatory ground and institutional/human capacity development. UNICEF has been supporting the Government of Tajikistan to bring the system in line with international standards and build this capacity. With support from the international community, Tajikistan started to introduce institutional reforms in the justice sector. However, a UNICEF-commissioned assessment of the Juvenile Justice System in Tajikistan that took place in 2011 shows that progress has been slow. Since 2011, there were no comparative analyses conducted as no firm steps forward were taken to introduce amendments to National Legislation. In 2019 Government of Tajikistan introduces new amendments to Criminal procedure Code and Code on executions of court decisions that fell into the process of humanization of the criminal legislation.
Further assistance is needed for the Government of Tajikistan to bring the national legislation and practice in line with international standards and strengthen coordination and monitoring mechanisms for the juvenile justice system reform. Therefore, UNICEF in coordination and cooperation with Ministry of Justice decided to conduct a fresh comparative analysis of the National legislation in order to proceed with further justice for children system reform.
Objectives
Practical recommendations are provided to the Government of Tajikistan (through an Inter- Agency Working Group) to align national legislation with internationally accepted standards on Justice for Children
Tasks
Providing overall guidance to Ministry of Justice (MoJ) and UNICEF Tajikistan in strategizing to reform the justice system
- Advise MoJ in guiding other involved stakeholders (who support capacity building of police officers, defense lawyers and prosecutors, implementation of national delinquency prevention plan for 2020-2024) and provide overall guidance to MoJ and UNICEF in strategizing for tangible results in reforming the justice system in 2021 and beyond while moving forward the justice for children concept;
- Develop a comprehensive analytical report on amendments proposed to the national legislation that cover children offenders, victims and witnesses of crime and are in line with international standards;
- Provide guidance and recommendations to MoJ on additional regulations and Special Operational Procedures (SOPs) related to children offenders, victims and witnesses of crime including special and separate approaches to boys and girls who faced formal justice processes.
Support for institutional development
- Provide technical support to the Inter-agency working group on justice for children (under the MoJ) in strengthening its capacity through meetings and orientation discussions and to expand its coverage from Juvenile Justice to justice for children in the criminal justice system;
- Provide technical assistance to the Supreme Court in developing commentaries to the national legislation on the usage of diversion and alternative mechanisms by the judges, prosecutors and police.
Advocacy
a) Give a presentation on developing a specialized juvenile justice system and importance of integration of Social Work in the justice system in line with international standards in a round table dedicated to the justice for children;
Expected deliverables and tentative timeframe
The national consultant is expected to deliver the following outputs by the set indicative dates:
Deliverables
Duration
Date
Payment
schedule
1. National Legislation Comparative Analysis report with sections that defines group of children – child offender, victim or witness of crime and steps towards legal reform
15 days
9 November
2020
60%
Deliverables
Duration
Date
Payment
schedule
2. List of recommended amendments to the particular piece of legislation in form of old text = new text with exact wording in legislation based on international standards
5 days
14 November
2020
3. Submit the draft of the Special operational procedures (SOPs) related to children offenders, victims and witnesses of crime during every step of criminal litigation
10 days
24 November
2020
20%
4. Design and facilitate a roundtable to present the comparative analysis with list of recommendations
3 days
30 November
2020
20%
Performance indicators for evaluation of results az
The evaluation of the results will be based on:
- Technical and professional competence (quality of the product delivered to the Ministry of Justice / UNICEF);
- Scope of work (complexity and number of tasks carried out);
- Quality of work (quality of methodology, draft and final reports);
- Quantity of work (incl. number of documents reviewed, interviews held, meetings facilitated, etc.)
In addition, such indicators as work relations, responsibility, initiative, and communication will be taken into account during the evaluation of the national consultant’s work.
The evaluation will be conducted by the Ministry of Justice in conjunction with UNICEF staff, i.e. the Child Protection Officers.
Required qualifications and skills
- Higher university degree in Law, Human Rights or other child rights related matters
- At least 8 years of work experience in the area of Human Rights, Rule of Law, Access to Justice or Child Protection
- Good knowledge of Child Rights programming and / or international legal instruments related to child rights
- Proven experience of developing strategic plans and other policy documents
- Excellent analytical thinking and strategic planning skills
- Ability to plan, organise, coordinate
- Excellent writing skills, oral communication skills and facilitation skills
- Ability to work under pressure and commitment to work to tight timeframe
- Fluency in Russian and Tajik
- Fluency in English would be an asset
- Availability for the whole duration of the assignment
Working conditions
The national consultant will work under the direction of the Ministry of Justice and under the technical guidance of UNICEF Child Protection Officer.
The national consultant is expected to be based in Dushanbe and will be responsible for his/her own working arrangements (e.g. office space).
EVALUATION PROCESS:
Qualified candidates are requested to submit:
- Cover letter/application/CV.
- Financial quote for the consultancy in TJS per deliverable, stating also the timeframe for completion of deliverable and/or daily rate in TJS.
- Examples of previous, relevant work related to the deliverables.
- At least 2 References
Queries can be sent to: tad-procurement@unicef.org with subject line “National Consultancy on Justice for children system reform: National Legislation comparative analyses to international standards” Applications must be received in the system by the 22 October 2020 at our website: http://www.unicef.org/about/employ/index.php
Please indicate your availability and rate per deliverable in TJS to undertake the terms of reference above.
Travel costs and DSA will be covered in accordance with UN rules and regulations. No other remunerations apply. UNICEF considers best value for money as criteria for evaluating potential candidates. As a general principle, the fees payable to a consultant or individual contractor follow the “best value for money” principle, i.e., achieving the desired outcome at the lowest possible fee. Please note that consultants and individual contractors are responsible for assuming costs for obtaining visas and travel insurance.
Individual consultants will be evaluated based on a cumulative analysis methodology. The award of the Contract shall be made to the individual consultant whose offer has been evaluated and determined as:
- responsive/compliant/acceptable, and
- Having received the highest score out of a weighted set of technical and financial criteria.
- Technical Criteria weight – 70%;
- Financial Criteria weight – 30%;
Criteria
Weight
Max. Point
TECHNICAL QUALIFICATION (max. 70 points)
70%
70
Technical Capacity (25 points)
Higher university degree in Law, Human Rights or other child rights related matters
15
At least 8 years of work experience in the area of Human Rights, Rule of Law, Access to Justice or Child Protection
20
Good knowledge of Child Rights programming and / or
international legal instruments related to child rights
15
Proven experience of developing strategic plans and other policy documents
10
Fluency in Russian and Tajik. Fluency in English would be
an asset
10
FINANCIAL PROPOSAL (max. 30 points) (daily rate,
lump sum, per deliverable, Economy Air Ticket)
30%
30
TOTAL SCORE (max. 100 points)
Only candidates obtaining a minimum of 49 points in Technical Criteria evaluation will be considered for the Financial Evaluation.
Financial Proposal
Please provide a rate all-inclusive price (in Somoni) for delivery of professional services in accordance with the assignments described under this TOR.
The formula for the rating of the Financial Proposals will be as follows:
FP Rating = (Lowest Priced Offer / Price of the Offer Being Reviewed) x 100
Added 3 years ago
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Updated 3 years ago
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Source:
unicef.org
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