TERMS OF REFERENCE for Legal expert. Enhancing democratic rule of law to promote peace and stability in Kyrgyz Republic Short title of Assignment:

Similar documents
INDIVIDUAL CONSULTANT PROCUREMENT NOTICE

TOR. Developing Database System for the NGOs Directorate. National Consultant. 180 days (over a period of 6 months)

INDIVIDUAL CONSULTANT PROCUREMENT NOTICE

Terms of Reference. Junior Data Engineer

Terms of Reference. Title of Consultancy: UN Information Technology and Web Support Services and Training

INDIVIDUAL CONSULTANT PROCUREMENT NOTICE. Reference No.: UNDP/PN/43/2015

INDIVIDUAL CONSULTANT PROCUREMENT NOTICE

Job Profile. Component Manager, Deepening Democracy Democratic Governance Facility (Senior Adviser (N1)) Uganda

Terms of Reference for LEAP II Final Evaluation Consultant

INDIVIDUAL CONSULTANT PROCUREMENT NOTICE. Description of the assignment: National Expert on Public Finance (Open to Thai National only)

INDIVIDUAL CONSULTANT PROCUREMENT NOTICE

Tatiana Tretiyakova, Coordinator December 3-6, 2012

INDIVIDUAL CONSULTANT PROCUREMENT NOTICE


TERMS OF REFERENCE. Consultant - Dematerialisation and setting up of securities settlement infrastructure in Government securities

Terms of reference - INDIVIDUAL CONSULTANT PROCUREMENT NOTICE

[Prepared by Dr Khurshid Iqbal]

Job Profile. Component Manager, Voice and Accountability Democratic Governance Facility (DGF) (Senior Adviser (N1)) Uganda

Republic of Albania Ministry of Finance CITIZEN-CENTRIC SERVICE DELIVERY PROJECT

Contract for Individual Consultant (other Specialists) Request for written proposal. Net-Med youth Project in Jordan

BUDGET HEADING INFORMATION, CONSULTATION AND PARTICIPATION OF REPRESENTATIVES OF UNDERTAKINGS CALL FOR PROPOSALS

Guidelines for the UN.GIFT Call for Proposals from Civil Society Organizations

ADVERTISEMENT. Markets for Change / M4C Communications and Monitoring & Evaluation Officer (SC SB-4)

b) Annex II: Proposal Submission Form, to be completed and returned with your proposal; and

TERMS OF REFERENCE. Assessing and Strengthening Legal Awareness Raising Initiatives with Youth Bhutan National Legal Institute (BNLI)

Communication - Terms of Reference Service contract

Terms of Reference for Consultant to Support Development of Country Level Land Policy Issues Papers

PROJECT FICHE

Support to the State Chancellery in decentralization/local public policy formulation and implementation

UNITED NATIONS CHILDREN S FUND. Office in Serbia is seeking qualified

Annex II - Change Management Consultancy

Contract for Individual Consultant (other Specialists) Request for written proposal. Public Advertisement

Pro-GOLE (Right to do Business) ToRs Commercial Contract Translation

Job Profile. Head of Programme (N1) Governance Facility. Nepal

DEADLINE: 01 April 2015, 4:30PM (AST) CARIBBEAN EXPORT DEVELOPMENT AGENCY REQUEST FOR PROPOSALS NOTICE

Letter of Invitation to Tender for Consultancy Services for the Development of Project Proposals

Twinning Work Plan October 2010 Gintaras Makštutis Twinning Expert


TERMS OF REFERENCE. Development of an action plan for policy & processes reform and reintegration in migration in the IGAD region I.

Annex 2: Rules and Procedures for the Swiss-Polish Cooperation Programme

NCBS DATA ANALYST EXPERT COACH TERMS OF REFERENCE. National Capacity Building Secretariat

Terms of Reference. Database and Website on Political Parties

Current Employment Opportunities Full Time Staff

TEMPORARY JOB OPENING ANNOUNCEMENT

EUROPEAN EXTERNAL ACTION SERVICE. European Union Integrated Rule of Law Mission for Iraq EUJUST LEX Iraq

INDIVIDUAL CONSULTANT PROCUREMENT NOTICE

Terms of Reference (TOR): Film production One day in the life of a UN Volunteer. First part: UNRWA refugee camp

CALL FOR LSP EXPERTS. Hungary-Slovakia-Romania-Ukraine ENPI CBC Programme

Timor- Leste. United Nations Development Programme. Vacancy Announcement

Draft Plan of Action on Anti-Corruption

TERMINAL EVALUATION TERMS OF REFERENCE

Empowerment and Leadership Skills Development Programme for Girls

PORTFOLIO ASSOCIATE. Background. Duties and Responsibilities. Location : Bonn, GERMANY Application Deadline : 27-Apr-15 Type of Contract :

HEAD OF POLICY AND ADVOCACY

JOB DESCRIPTION AND PERSON SPECIFICATION

UNITED NATIONS DEVELOPMENT PROGRAMME GENERIC JOB DESCRIPTION. Pre-Classified Grade: Deputy Country Director Operations and direct supervisor

REQUEST FOR EXPRESSIONS OF INTEREST

General Dental Council Website Review: Dental Professionals Survey Invitation to Tender

United Nations Children s Fund (UNICEF) Supply Division, Copenhagen, Denmark

Attachment A. Terms of Reference. 1. Background and Justification

Government of Antigua and Barbuda Public and Social Sector Transformation Project Project Preparation Advance (P )

Islamic Republic of Afghanistan, Post Disaster Need Assessment (PDNA) Training Manual

Options for creating working groups, task forces and editorial boards to facilitate the implementation of the work plan. Note by the secretariat

ALBANIAN ROAD AUTHORITY TERMS OF REFERENCE FOR CONSULTANT PROCUREMENT SPECIALIST RESULTS BASED ROAD MAINTENANCE AND SAFETY PROJECT

REQUIRED DOCUMENTS FROM HIRING UNIT 8 - CONFIRMATION OF CATEGORY OF LOCAL CONSULTANT, please select : Senior (1) Junior Consultant

and National Council of Bhutan Bhutanese or international firms (web design)

Terms of Reference (ToR) To Conduct Media Monitoring during the Parliamentary Elections July 2013

Institute for International Criminal Investigations. Dear Colleagues,

Fraud Investigation Officer

ANNEX C1 1 STANDARD TWINNING PROJECT FICHE

Postdoctoral Researchers International Mobility Experience (P.R.I.M.E.)

REQUEST FOR QUOTATION (RFQ) Translation Services

Guidelines for Applications to the Special Fund of the Optional Protocol to the UN Convention against Torture for 2015 (version of 18 August 2014)

JAMAICA JA-CC2046: IMPLEMENTATION OF BUSINESS CLIMATE REFORMS IN JAMAICA ACCESS TO CREDIT FOR PRODUCTIVE DEVELOPMENT

Request of Expressions of Interest For Information Technology Consulting Firm

REQUEST FOR EXPRESSIONS OF INTEREST AFRICAN DEVELOPMENT BANK CCIA BUILDING 01 BP 1387, AV. JEAN-PAUL II, ABIDJAN 01 CÔTE D IVOIRE

NCBS HUMAN RESOURCES EXPERT COACH TERMS OF REFERENCE. National Capacity Building Secretariat. 2. BTC Change co-manager. Signature.

Vacancy Announcement

ALBANIAN ROAD AUTHORITY TERMS OF REFERENCE FOR CONSULTANT PROJECT MANAGER RESULTS BASED ROAD MAINTENANCE AND SAFETY PROJECT

Duration: One year with the option of an additional year based on performance.

Request for Tender. The JUSTICIA Network is financially supported by the Criminal Justice Programme of the European Union. 1

THE HIGH COURT COUNCIL THE COMMUNICATION STRATEGY

Georgia. Progress Report

ONLINE TRAINING COURSE. organized and delivered by UNODC Terrorism Prevention Branch. 3 June 15 July 2011

TEMPORARY JOB OPENING ANNOUNCEMENT

Good practices and tools for use in case management, including by front-line law enforcement authorities responding to trafficking in persons

Contract for Provision of Services - Terms of Reference (Services of Technical or intellectual nature)

Ninth Round PROJECT MONITORING, REPORTING, REVISION AND EXTENSION GUIDELINES

Publication of Vacancy Notice Programme Manager Legal Background Ref.: TA-LEGAL-AD6-2013

UNCCT International Conference on National and Regional Counter- Terrorism Strategies Bogota, Colombia 31 January - 1 February 2013

provisions specified by the Preventive Law, the Cabinet of Ministers of Azerbaijan Republic has adopted the following decisions:

United Nations Associate Experts Programme. Code#: INT P V. Submitted by: Name: Title: Duty Station: Agency/Unit:

REQUEST FOR PROPOSALS SERVICES FOR

The global challenge

Terms of References for Infrastructure Expert

We are currently looking for a REACH Assessment Officer to support our REACH team in Chad.

Official Journal C 323 A. of the European Union. Information and Notices. Announcements. Volume October English edition.

CONSULTATIVE COUNCIL OF EUROPEAN PROSECUTORS (CCPE)

Conclusions and suggestions

REPORT 2016/066 INTERNAL AUDIT DIVISION. Audit of management of technical cooperation projects in the Economic Commission for Africa

Transcription:

TOR approved by Ms. Jyldyz Moldokulova, UNDP National PMU Manager Signature TOR approved by Ms. Ainura Kaparova, acting DG Dimension Chief Signature Annex 1 TERMS OF REFERENCE for Legal expert Project Name Enhancing democratic rule of law to promote peace and stability in Kyrgyz Republic Short title of Assignment: Legal expert Contract Type: Individual Contract Duty station: Bishkek with travels to regions of the Kyrgyz Republic Duration of Contract: 145 working days (May 2016 November 2016) BACKGROUND UNDP project Enhancing democratic rule of law to promote peace and stability in the Kyrgyz Republic is a result of a development of the central component of the UNDP Kyrgyzstan s multi-year programming framework Enhancing Democratic Rule of Law (RoL) and Preventing Conflict in Kyrgyzstan. This programming framework developed in 2012 has prioritized assistance for developing adequate capacity for the implementation and enforcement of laws. The project aims to develop capacity of the Government of the Kyrgyz Republic for strategic planning and implementation of core legislation in the justice sector to strengthen democratic institutions and economic growth in support of realization of the new constitutional framework. Kyrgyzstan s transition to a Parliamentary form of government with the adoption of a new advanced Constitution in 2010, has given the spur to a vast set of reforms in the Rule of Law area in the understanding that a weak judicial system had been the cause for the revolutions of 2005 and 2010. Owing to structural problems in the lack of implementation of the adopted reforms, the President s office has taken the leadership in coordinating the different stakeholders in support of the National Sustainable Development Strategy 2013-2017. The current project aims at ensuring the creation of implementation plans for core judicial legislation and enabling effective communication between all relevant stakeholders with active involvement of civil society actors in a monitoring role. Programme support will be flexible in order address the needs and timeline of the process of implementation planning and review of implementation of legislation. The lack of capacity to strategically plan reform initiatives and to analyse and evaluate planned policy interventions have added a further dimension of difficulty to an already difficult reform environment. This high state of fragmentation prompted donors to request from the government of the Kyrgyz Republic to develop a comprehensive Justice System Reform Implementation plan covering the entire country, which would serve as a catalyst for further developing and strengthening the on-going Rule of Law reform. Through its proactive role, the Presidency Office finalised the process of drafting set of laws within judicial reform: Criminal Code, Criminal Procedural Code, Code on Misdemeanours, Criminal Executive Code, Civil Procedural Code, Administrative- Procedural Code, Law On Enforcement Proceedings and Status of Judges in the Kyrgyz Republic and Law On State guaranteed legal aid. Currently, the aforementioned package of laws adopted by Parliament in the first reading. In order to ensure smooth delivery of reform process, the developed implementations plans initiated by established Coordination council needs to be launched appropriately. In this regard, UNDP in Kyrgyzstan intends to hire a legal expert to support the process of proper implementation of laws on judicial reform. She/he will provide overall guidance to project team including, but not limited to promoting finalization of implementation plans, assisting Secretariat of coordination council in delivery of reform and advising it on pertaining legal issues.

OBJECTIVE Ensure proper delivery of implementation plans from legal perspective. Assist the Secretariat of Coordination Council in monitoring the current phase of judicial reform and progress achieved. Ensure timely delivery of trainings on new law as well as development of relevant guidelines and administrative acts. SCOPE OF WORK Under the direct supervision of the Rule of Law Programme Adviser, DG Dimension Chief and Chief Technical Adviser on the Rule of Law, the legal expert will perform the following tasks: 1) Assist in the organization and launch of a series of Parliamentary hearings on the 9 draft laws within the ongoing judiciary-legal reform process. The laws include the new editions of the Criminal Code, Code of Misdemeanors, Criminal Procedure Code, Criminal Executive Code, Civil Procedure Code, Administrative Procedural Code, Law on Guaranteed State Legal Aid, law on improving the accountability of judges, law on executive procedures, in close cooperation with the Parliamentary Committee on Judiciary-legal issues and international partners (UNODC, Soros Foundation Kyrgyzstan, UNHCHR, OSCE, EU, GIZ); 2) Provide expert advice to carry out mandatory expertise (human rights, legal, anti-corruption, gender) on the second package of draft laws on judicial-legal reform process. The second package of draft laws include the Code of Offences, Law on Amnesty, Law on Probation, Law on the Registration of Crimes; 3) Provide expert support to key national stakeholders in the preparation of vacatio legis (enactment law) for at least 7 draft laws within the ongoing judicial-legal reform process. The laws include the Criminal Code, Code of Misdemeanors, Criminal Procedure Code, Criminal Executive Code, Civil Procedure Code, Administrative Procedural Code, Law on executive procedures; 4) Provide expert advice in finalizing the implementation plans for a package of 7 draft laws within the judicial-legal reform process, in close cooperation with the Government s Office and expert-working groups. There are 4 expert working groups working on the development of the implementation plans for the following set of laws: the Criminal Code, Code of Misdemeanors, Criminal Procedure Code, Criminal Executive Code, Civil Procedure Code, Administrative Procedural Code, Law on executive procedures; 5) Organize, facilitate, moderate public platform on the presentation of draft implementation plans for a package of 7 laws: the Criminal Code, Code of Misdemeanors, Criminal Procedure Code, Criminal Executive Code, Civil Procedure Code, Administrative Procedural Code, Law on executive procedures (develop agenda, form the list of participants, deliver in-depth presentation of draft implementation plans); 6) Provide expert advice in accompanying the adoption process of the package of 9 draft laws within the judicial-legal reform process by the national Parliament. The laws include the new editions of the Criminal Code, Code of Misdemeanors, Criminal Procedure Code, Criminal Executive Code, Civil Procedure Code, Administrative Procedural Code, Law on Guaranteed State Legal Aid, law on improving the accountability of judges, law on executive procedures, in close cooperation with the Parliamentary Committee on Judiciary-legal issues and international partners (UNODC, Soros Foundation Kyrgyzstan, UNHCR, GIZ); 7) Provide expert legal advice in accompanying the adoption process of the financial assessment methodology for assessing the cost of the laws by the Government s office and the Ministry of Finance; Assist the working group to introduce necessary changes to normative-legal acts to implement the financial assessment methodology; 8) Organize, facilitate at least 2 trainings (1 in Bishkek and 1 at the regional level) to legal specialists of

various state agencies on enhancing their potential to carry out high quality legal expertise, in line with national standards (develop agenda, form the list of participants, deliver presentation on the proper mechanisms to carry out legal expertise to various laws and normative-legal acts); 9) Organize, facilitate at least 3 specialized trainings to law enforcement officials (1 in Bishkek and 2 in regional level) on the draft laws within the judicial-legal reform process, in close cooperation with the Government s Office and expert-working groups. The laws include the Criminal Code, Code of Misdemeanors, Criminal Procedure Code, Criminal Executive Code, Civil Procedure Code, Administrative Procedural Code, Law on executive procedures; 10) Provide expert-legal advice to the project Communication specialist in drafting at least 6 articles on the novelties within the suggested package of draft laws. Assist him/her in drafting at least 2 concepts for TV discussions on the judicial-legal related issues. FINAL DELIVERABLES At least 2 Parliamentary hearings PRODUCTS on the 9 draft laws within the DEADLINE PAYMET judiciary-legal process are organized and launched; STRUCTUR E Progress report on the provision of expert advice and mandatory expertise (human rights, legal, anti-corruption, gender) on the second package of draft laws within the judiciary-legal reform process submitted and approved by Certifying Officer. 1 month after 15% At least 7 vacatio legis (enactment law) for draft laws within the judicial-legal reform process (include the Criminal Code, Code of Misdemeanors, Criminal Procedure Code, Criminal Executive Code, Civil Procedure Code, Administrative Procedural Code, Law on executive procedures) prepared and submitted for review and approval by Certifying Officer; At least 1 training (in Bishkek) to legal specialists of various state institutions with a view of strengthening their potential to carry out high quality legal expertise, in line with relevant national and international standards is organized and conducted. Meetings and discussions with Government s Office and expert working groups are held and a package of 7 draft laws within the judiciary-legal reform process are finalized; At least 1 training (at the regional level) to legal specialists of various state institutions with a view of strengthening their potential to carry out high quality legal expertise, in line with relevant national and international standards is organized and conducted. At least 3 public platforms on the presentation of draft implementation plans for a package of 7 laws: the Criminal Code, Code of Misdemeanors, Criminal Procedure Code, Criminal Executive Code, Civil Procedure Code, Administrative Procedural Code, Law on 2 month after 3 month after 4 month after 10% 10% 10%

executive procedures with a participation of experts, civil society activists, government representatives are organized; 1 specialized training (in Bishkek) to law enforcement officials on the draft laws within the judiciary-legal reform process in close collaboration with Government s Office and expert-working groups is organized. Meetings and discussions with Government s Office are held and 9 draft laws within the judiciary-legal reform process (include the new editions of the Criminal Code, Code of Misdemeanors, Criminal Procedure Code, Criminal Executive Code, Civil Procedure Code, Administrative Procedural Code, Law on Guaranteed State Legal Aid, law on improving the accountability of judges, law on executive procedures) in close cooperation with the Parliamentary Committee on Judiciary-legal issues and international partners are prepared for adoption process; At least 2 trainings (at the regional level) for enforcement officials within the judiciary-legal reform process, in close collaboration with Government s Office and expert-working groups are organized. Meetings and discussions with WGs are held and review of necessary normative legal acts to ensure the implementation of the financial methodology is provided to and prepared for adoption process by Government; Communication specialist drafted at least 3 articles on the novelties within the package of draft laws with support of IC; ; Concept for 1 TV discussion on judiciary-legal reform process is drafted and submitted for further approval by UNDP PMU. Communication specialist drafted at least 3 articles on the novelties within the package of draft laws with support of IC; ; Concept for 1 TV discussion on judiciary-legal reform process is drafted and submitted for further approval. Final report on the progress achieved. 5 month after 6 month after 7 month after 20% 15% 20% REPORTING REQUIREMENTS Legal expert shall submit progressive and final reports based on the results achieved according to set deadlines in agreed format stated all actions taken during the assignment to be approved by Rule of Law Programme Adviser, which will serve as a justification for the payments. The certifying officer is RoL Programme Adviser. Contracts based on lump-sum SCOPE OF PRICE PROPOSAL AND SCHEDULE OF PAYMENTS

Lump sum contracts The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables. Payments are based upon output, i.e. upon delivery of the services specified in the TOR. In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount (including travel, per diems, and number of anticipated working days). Payments are subject to submission of reports/deliverables duly approved by Rule of Law Programme Adviser, which shall serve as the basis for the payment of services. Preferred Currency of Offer: United States Dollars (US$) For local contractors in Kyrgyzstan UNDP shall effect payment in Kyrgyz som based on the prevailing UN operational rate of exchange on the month of payment. The prevailing UN operational rate of exchange is available for public from the following link: http://treasury.un.org/operationalrates/operationalrates.aspx QUALIFICATION REQUIREMENTS Master degree or equivalent in Law; Minimum 5 years of work experience in the area of rule of law/human rights including minimum 2 years of practical experience in conducting analysis and expertise of draft laws ; Minimum 1 year of work experience with international organizations and high-level government officials; Language skills: fluency in Kyrgyz and Russian. Knowledge of English will be an asset. Statement of Medical Fitness for Work ADDITIONAL REQUIREMENTS FOR RECOMMENDED CONTRACTORS Individual Consultants/Contractors whose assignments require travel and who are over 62 years of age are required, at their own cost, to undergo a full medical examination including x-rays and obtaining medical clearance from an UN - approved doctor prior to taking up their assignment. Where there is no UN office nor a UN Medical Doctor present in the location of the Individual Contractor prior to commencing the travel, either for repatriation or duty travel, the Individual Contractor may choose his/her own preferred physician to obtain the required medical clearance. Inoculations/Vaccinations Individual Consultants/Contractors are required to have vaccinations/inoculations when travelling to certain countries, as designated by the UN Medical Director. The cost of required vaccinations/inoculations, when foreseeable, must be included in the financial proposal. Any unforeseeable vaccination/inoculation cost will be reimbursed by UNDP. SECURITY CLEARANCE The Consultant/Contractor will be requested to undertake the Basic Security in the Field II (BSIF-II) training and Advanced Security in the Field (ASIF) training. These requirements apply for all Consultants, attracted individually or through the Employer.

TRAVEL REQUIREMENTS All envisaged travel costs must be included in the financial proposal. This includes all travel to join duty station/repatriation travel. In general, UNDP should not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so using their own resources. Please be guided by the following information when preparing your financial proposal: 3 visits to Osh region 2 days (1 overnight)*each visit = 6 days; 3 visits to Issyk-Kul region 2 days (1 overnight)*each visit = 6 days; 3 visits to Chui region 2 days (1 overnight)*each visit = 6 days; UNDP will provide the Expert with the following: UNDP INPUT Access to UNDP premises; Desk, Computer, access to network, internet & printing/copying communication equipment.