Re-advertisement: International Consultant to deliver a workshop on improving effective grievance mechanism in accordance with the Paris Principles

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 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 1 of the project, UNDP seeks international expertise to provide advisory support to deliver a workshop on improving effective grievance mechanism in accordance with the Paris Principles:

A two-day workshop on the study of an international experience of effective grievance mechanism in accordance with the Paris Principles.

The Paris Principles interpretation are based on a multiplicity of human rights promotion responsibilities. The activity is aimed to enhance compliance with Paris Principles of Ombudsman`s Office in Turkmenistan on effective grievance mechanism and providing best practices on application of criteria of non-judicial grievance mechanisms, both State-based and non-State-based. The broader application of such criteria will enable Ombudsperson institutions to engage with the government, private actors such as businesses and members of the public in a variety of activities. These include: advocating for reform of laws to bring them into compliance with international human rights obligations and Paris Principles; advising government on improving access to judicial remedies; and others.

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 Ombudsman’s Office and under the direct supervision of the Project Manager and Programme Analyst will:

1. Review the Law of Turkmenistan “On the Ombudsman” (2017) and other related legislation, as well as Annual Reports of the Ombudsman’s Office of Turkmenistan for the period 2019-2020-2021 for the purposed of this assignment;
2. Develop an agenda of a two-day workshop with the related materials, presentations, and handouts on the study of an international experience of effective grievance mechanism in accordance with the Paris Principles;
3. Conduct a two-day workshop on the study of an international experience of effective grievance mechanism in accordance with the Paris Principles;
4. Facilitate a debriefing session with the UNCT Team on the results of the workshop;
5. Develop Recommendations to Ombudsman’s Office of Turkmenistan on best practices of applying criteria of non-judicial grievance mechanisms, both State-based and non-State-based in compliance with Paris Principles by improving legislation and practices;
6. Provide UNDP with a report that will cover the results of the assignments with recommendations/suggestions for UNDP on further assistance to the Ombudsman’s Office in the process of applying criteria of non-judicial grievance mechanisms, both State-based and non-State-based in compliance with Paris Principles;

Results and Timing:

• The Law of Turkmenistan “On the Ombudsman” (2017) and other related legislation, as well as Annual Reports of the Ombudsman’s Office of Turkmenistan for the period 2019-2020-2021 reviewed for the purposed of this assignment (2 day);
• An agenda of a two-day workshop with the related materials, presentations, and handouts on the study of an international experience of effective grievance mechanism in accordance with the Paris Principles developed (3 days);
• A two-day workshop on the study of an international experience of effective grievance mechanism in accordance with the Paris Principles conducted (2 days);
• A debriefing session with the UNCT Team on the results of the workshop conducted (0,5 day);
• Recommendations to Ombudsman`s Office of Turkmenistan on best practices of applying criteria of non-judicial grievance mechanisms, both State-based and non-State-based in compliance with Paris Principles by improving legislation and practices developed (3,5 days);
• Report that will cover the results of the assignments with recommendations/suggestions for UNDP on further assistance to the Ombudsman’s Office in the process of applying criteria of non-judicial grievance mechanisms, both State-based and non-State-based in compliance with Paris Principles developed (1 day);

Location: Ashgabat, Turkmenistan. Number of days: 12 days, April 2022.

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

• Demonstrates integrity by modeling the UN’s values and ethical standards;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Fulfills all obligations to gender sensitivity and zero tolerance for sexual harassment;
• 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;

Required Skills and Experience

Education:

• Master’s degree, or an equivalent in international law, human rights, or political science and other related fields;

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), and 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 effective grievance mechanisms in accordance with the Paris Principles;

Language requirements:

• Fluency in English; Russian will be an asset;

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 applying effective grievance mechanisms in accordance with the Paris Principles by 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 or an equivalent in international law, human rights, or political science and other related fields – 15 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) and law enforcements agencies, judiciary, associations of lawyers – 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 – 15 pts;
• Interview – 15 pts;
• Fluency in English – 15 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.