International Consultant (Human Rights Due Diligence Policy (HRDDP) Advisor) ROLHS-UNDP

Background

UNDP Global Mission Statement:

UNDP is the UN's global development network, an organization advocating for change and connecting countries to knowledge, experience and resources to help people build a better life. We are on the ground in 166 countries, working with national counterparts on their own solutions to global and national development challenges.

Organizational context:

UNDP in Afghanistan: The United Nations Development Programme (UNDP) is committed to strengthening the capacity of the Government of the Islamic Republic of Afghanistan’s (GIROA) to administer rule of law and improve the safety and security for all Afghan citizens.  As the lead rule of law institution in the country, improving the ability of the Ministry of Interior Affairs (MoIA) to fulfil its mandate remains critical to the overall stability of Afghanistan and its people. As the UN’s primary development agency, and a longstanding development partner to GIROA’s rule of law and security sector, UNDP Afghanistan plays a leading role in facilitating extensive reform and development of MOIA as well as the Afghan National Police (ANP) to better serve the people of Afghanistan.  

OHCHR in Afghanistan: The Office of the High Commission on Human Rights is represented in Afghanistan by the Director of the UNAMA Human Rights Unit. The mandate of UNAMA Human Rights Unit under United Nations Security Council Resolution 2096 (2013) is to "monitor the situation of civilians, to coordinate efforts to ensure their protection, to promote accountability, and to assist in the full implementation of the fundamental freedoms and human rights provisions of the Afghan Constitution and international treaties to which Afghanistan is a State party, in particular those regarding the full enjoyment by women of their human rights." Its mandate was extended most recently by UN SC resolution 2460 (2019). To this end, the UNAMA Human Rights Unit monitors, analyzes and reports on the human rights situation in Afghanistan and engages in protection, advocacy, and technical cooperation. Through regular updates and thematic reports, UNAMA Human Rights Unit provides stakeholders, including the Government, the Afghan people, the international community, civil society and media with a substantive analysis of the human rights situation, raises issues of concern and proposes and advocates for measures to improve promotion and protection of human rights throughout Afghanistan.

The Human Rights Due Diligence Policy (HRDDP):

Background: On 13 July 2011, the United Nations Secretary-General endorsed the Human Rights Due Diligence Policy on UN support to non-UN security forces (HRDDP). The policy has been increasingly applied to a wide range of support across all peacekeeping missions and operations across the world. In non-missions settings, within the UN, examples of where the policy has been applied include UNDP’s support to the Witness Protection Authority in Sri Lanka, the national police in Bangladesh and the Office of National Security in Sierra Leone and UNODC’s support to the Anti-Narcotics Force in Pakistan. Specifically in the past five years, a considerable number and variety of processes, procedures and tools for implementation have been developed across the organisation. DPKO, DFS, UNDP and UNODC, globally, often with extensive support from OHCHR, have led the UN system in ensuring that there are appropriate frameworks and guidance in place to ensure application as directed by the policy.

HRDDP in Afghanistan: Owing to the extensive support provided to non – UN security forces in Afghanistan, with UNDP being in forefront of this support through its work undertaken under the Law and Order Trust Fund for Afghanistan (LOTFA) for the ANP; UNDP in collaboration with the OHCHR in 2015 conducted a risk assessment on UNDP support to the ANP. With regards to ANP human rights conduct, the risk assessment considered reports on violations related to the protection of civilians in armed conflict, torture and ill treatment of conflict-related detainees, human rights violations of non-conflict related detainees, recruitment of children into the ANP, sexual abuse of children by ANP, sexual harassment and abuse of female police officers, human rights violations in the context of violence against women attributable to the ANP, excessive use of force to control demonstrations and corruption. The assessment recommended, inter alia, that LOTFA funding must be used to increase ANP’s compliance with international human rights and humanitarian law standards and LOTFA must explicitly condition the provision of financial assistance to the ANP, it’s directorates and if possible at an individual level to benchmark the improvements in its accountability mechanisms and accountability records. Accordingly in 2016, an international consultant conducted a comprehensive mapping and assessment of the activities implemented under UNDP’s former MoIA and Police Development (MPD) project, examining its compliance with constitutional, legislative and international human rights and humanitarian law obligations while ensuring that any support provided by LOTFA to the ANP complies with the provisions of the HRDDP risk assessment. As a result of the international consultant’s work, the operational framework for Afghanistan was developed, i.e. a risk assessment and mitigation measures strategy, inclusive of all Afghanistan-based UN entities supporting the national security forces.  

Renewed Effort for HRDDP in Afghanistan, 2018 : As a result of the “HUMAN RIGHTS DUE DILIGENCE POLICYO N UN SUPPORT TO NON-UN SECURITY FORCES (HRDDP) – REVIEW OF IMPLEMENTATION” it has been identified that a UN Afghanistan Country Team based HRDDP Working Group will be established alongwith a confidential database of incidents of grave violations of human rights committed by units or individuals in the police, which will comprise information from UNAMA/OHCHR, other UN entities, the national human rights commission and NGOs. This HRDDP Working Group In Afghanistan will be responsible to review the human rights compliance, risks and mitigation strategies through the work undertaken by UN entities in support of the Afghanistan Security Forces. At present several UN entities stationed in Afghanistan support the Afghan National Security Forces, including, but not limited to the UNDP, UNAMA, IOM, UNODC, UN Women, UNESCO, UNICEF, UNFPA, UN Habitat and UNOPS. Thus, through a broadly defined scope of the HRDDP working group, all UN support to the Afghanistan Security Forces will be brought under the monitoring and reporting framework for HRDDP in Afghanistan.

Duties and Responsibilities

Under direct supervision of the Programme Coordinator, UNDP RoLHS and overall supervision of the Chief of UNDP, RoLHS, and in daily coordination with the relevant focal point from UNAMA Human Rights Unit overseeing the support and implementation of the HRDDP in Afghanistan. The HRDDP advisor is responsible for liaising extensively with the HRDDP Working Group to support the implementation of the policy in Afghanistan. S/he identifies and ensures synergies within the HRDDP Working Group and all respective UN agencies/entities within the working group to ensure that the HRDDP is fully implemented, monitored along with regular reporting arrangements from all relevant UN entities to the HRDDP working group and further to the UNCT in Afghanistan. This consultant will renew the work on HRDDP in Afghanistan, specifically by renewing the work of the HRDDP Working Group within the UNCT (inclusive of UNAMA) in addition to review and updating of the relevant documents for the full implementation, monitoring and reporting on the HRDDP in Afghanistan.

Objective of the assignment:

The Individual Consultant (HRDDP Advisor) will provide technical assistance focusing on the following areas:

• An Action Plan for the full implementation of the 2011, the United Nations Secretary-General endorsed - Human Rights Due Diligence Policy on UN support to non-UN security forces (HRDDP);
• Develop a Standard Operating Procedure (SOP) for the UNCT/UNAMA in Afghanistan and the relevant security related line ministries and agencies within the Government of the Islamic Republic of Afghanistan (GIRoA) supported by UN entities in Afghanistan to ensure HRDDP compliance for all UN support to the security forces in Afghanistan – to be approved by the HRDDP Working Group as well as UNCT/UNAMA in Afghanistan;
• Develop a comprehensive “Risk Assessment” Report on all UN support to the security forces in Afghanistan;
• Develop and present a comprehensive set of “Mitigation Measures” and develop additional relevant SOP(s) for the UN and the relevant security related line ministries and agencies within the Government of the Islamic Republic of Afghanistan (GIRoA) supported by UN entities in Afghanistan to ensure HRDDP compliance for all UN support to the security forces in Afghanistan – to be approved by the HRDDP Working Group as well as UNCT/UNAMA in Afghanistan;
• Develop and present an appropriate monitoring and regular reporting framework for implementation of the mitigation measures to ensure HRDDP compliance for all UN support to the security forces in Afghanistan – for approval of the HRDDP Working Group and UNCT/UNAMA in Afghanistan;
• Draft other HRDDP related documents, as necessary, including, but not limited to requests from the UN New York  Offices for code cables requesting updates on HRDDP as well as provide reviews and recommendations for the better management and update of the case management database maintained by the office of the UNAMA Human Rights Unit.

Expected Outputs and Deliverables; Estimated duration to complete and Payment percentage:

First Deliverable: 22 working days; 33%

• Attend, discuss and present the proposed work to be carried out by the IC at the first HRDDP Working Group meeting of 2019 to be jointly organised by UNDP, Afghanistan and UNAMA Human Rights Unit;
• Develop an ‘Action Plan’ for the full implementation of the 2011, the United Nations Secretary-General endorsed the Human Rights Due Diligence Policy on UN support to non-UN security forces (HRDDP) to be approved by the HRDDP Working Group as well as UNCT/UNAMA in Afghanistan; 
• Develop a Standard Operating Procedure (SOP) for the UNCT/UNAMA in Afghanistan and the relevant security related line ministries and agencies within the Government of the Islamic Republic of Afghanistan (GIRoA) supported by UN entities in Afghanistan to ensure HRDDP compliance for all UN support to the security forces in Afghanistan – to be approved by the HRDDP Working Group as well as UNCT/UNAMA in Afghanistan;
• Throughout the period of the consultancy, draft any other HRDDP related documents, as necessary, including, but not limited to requests from the UN New York  Offices for code cables requesting updates on HRDDP as well as provide reviews and recommendations for the better management and update of the case management database maintained by the office of the UNAMA Human Rights Unit;
• Develop and agree on a monthly progress reporting template with the supervisor, which should be derived from this Terms of Reference; and 
• Any other documentation as requested within the scope of the assignment.

Second Deliverable: 22 Working days; 33%

• In accordance with the approved Action Plan and SOP - liaise with different UN entities and relevant security related line ministries and agencies within the Government of the Islamic Republic of Afghanistan (GIRoA) supported by UN entities in Afghanistan to orient them for the comprehensive risk assessment to be carried out to ensure compliance with HRDDP in Afghanistan;
• Conduct a comprehensive “Risk Assessment” for all UN support to the security forces in Afghanistan and present the comprehensive “Risk Assessment” report before the HRDDP Working Group as well as UNCT/UNAMA in Afghanistan for review and approval;
• Throughout the period of the consultancy, draft any other HRDDP related documents, as necessary, including, but not limited to requests from the UN New York  Offices for code cables requesting updates on HRDDP as well as provide reviews and recommendations for the better management and update of the case management database maintained by the office of the UNAMA Human Rights Unit;
• Develop and agree on a monthly progress reporting template with the supervisor, which should be derived from this Terms of Reference; and 
• Any other documentation as requested within the scope of the assignment.

Third Deliverable: 22 Working Days; 34% 

• Develop a comprehensive set of “Mitigation Measures,” SOP(s) for the UN as well as relevant security forces in Afghanistan receiving the support of the UN and an appropriate monitoring and regular reporting framework for all UN entities on the implementation of the mitigation measures to ensure HRDDP compliance for all UN support to the security forces in Afghanistan;
• Present the “Mitigation Measures” and additional relevant SOP(s) for the UN and all relevant security forces in Afghanistan receiving the support of the UN along with an appropriate monitoring and regular reporting framework on the implementation of the mitigation measures - for review and approval of the HRDDP Working Group as well as UNCT / UNAMA in Afghanistan;
• Throughout the period of the consultancy, draft any other HRDDP related documents, as necessary, including, but not limited to requests from the UN New York  Offices for code cables requesting updates on HRDDP as well as provide reviews and recommendations for the better management and update of the case management database maintained by the office of the UNAMA Human Rights Unit;
• Develop and agree on a monthly progress reporting template with the supervisor, which should be derived from this Terms of Reference; and 
• Any other documentation as requested within the scope of the assignment.

Payment Modality: 

Payments under the contract shall be delivery-based and be made on receipt of the specific milestone reports indicated above, including a timesheet per UNDP procurement formats for individual contractors. These shall be as indicated above, and shall be deemed delivered upon the approval of the Programme Coordinator, UNDP RoLHS.

Institutional Arrangements:

This International Consultant will work under the overall supervision of the Programme Coordinator, UNDP RoLHS

 and the Chief, ROLHS Unit. This International Consultant will liaise very closely with the focal point and Chief of the UNAMA Human Rights Unit and will receive extensive advisory support and guidance from them. This consultant shall work in close collaboration with the HRDDP Working Group and with focal points from all UN entities in Afghanistan who are represented at the HRDDP Working Group as well as relevant line ministries and departments of the GIRoA.

The ROLHS Unit as well as the UNAMA Human Rights unit in Afghanistan will provide an office space and internet facility, logistical and other support service including transport and security applicable to UNDP international personnel. The consultant however is expected to bring his/her own laptop and mobile phone and meet local communications costs (ROLHS Unit will provide a local pre-paid SIM card). Costs to arrange meetings, workshops, travel costs to and DSA during field visits (if any), etc. shall be covered by the ROLHS Unit.

Duration of the Work:

The performance under the extended contract shall take place over total contract duration of 3 months (66 working days). The target date for the start of the contract will be September 15, 2019 depending on the availability of the selected consultant.

Duty Station:

The duty station for the contractor is Kabul, Afghanistan. Some field visits outside Kabul are envisioned under the contract. The Contractor will be required to report regularly and be present at ROLHS Unit (UNOCA) or the UNAMA Human Rights Unit in UN Alpha compound during the working hours, security conditions permitting. The contractor will follow the working hours and weekends as applicable to all UN staff in Afghanistan. The contractor’s movement for meetings and consultations shall be coordinated by the ROLHS Unit or the UNAMA Human Rights Unit. The contractor is at all times required to observe UN security rules and regulations in Kabul, Afghanistan. 

Competencies

Core competencies:

• Promotes ethics and integrity and creates organizational precedents;
• Builds support and political acumen;
• Builds staff competence and creates an environment of creativity and innovation;
• Builds and promotes effective teams;
• Creates and promotes environment for open communications;
• Leverages conflict in the interest of UNDP and sets standards;
• Shares knowledge across the organization and builds a culture of knowledge sharing and learning.

Functional Competencies: Special skills requirements:

• Previous experience in carrying out needs and capacity assessments relating to the protection and promotion of human rights, elaborating relevant recommendations and solutions, designing and/or providing professional capacity building supports is an asset;
• Proven experience in working with international or local organizations on similar assignments (successful experience in working with UN agencies) is an asset;
• Prior experience in formulating development of strategies and policies relating to the protection and promotion of human rights within security forces, plans and standard operating procedures as well as assessments on capacity needs assessment;
• Prior experience in working with/supporting “Security Forces” of any country in the development and implementation of professional standards and code of conduct compliance procedures and practices in accordance with relevant international human rights standards;
• Ability to handle confidential and politically sensitive issues in a responsible and mature manner;
• Sound judgment with proven ability to work effectively under minimum supervision.

Required Skills and Experience

Academic Qualifications:

• Master´s Degree in Public International Law, Political science, International Relations, Social Sciences or related fields with a specific focus on International Human Rights Law and /or International Humanitarian Law.

Required experience:    

• Minimum of five (5) years of progressive experience in International Law and / or International Human Rights Law;
• Relevant experience in HRDDP implementations in UN missions; 
• Experience in working at the country level in a post- conflict environments is a highly desirable;
• Previous experience working with the UN, specifically missions and OHCHR missions globally is desirable;
• Solid technical knowledge in the design and formulation of HRDDP related documents, processes and procedures is required;
• Strong communication skills both written and verbal, excellent report writing and organizational skills;
• Good computer literacy – MS office applications, web-based management information systems

Language:

• Excellent written and oral English skills a necessary requirement.

Price Proposal and Schedule of Payments: 

The Consultant shall submit a price proposal as below:

• Daily Fee – The Consultant shall propose a daily fee which should be inclusive of his/her professional fee, local communication cost and insurance (inclusive of medical health and medical evacuation etc.). The number of working days for which the daily fee shall be payable under the contract is 66 working days.
• UNDP will provide accommodation free of charge to the Consultant for the duration of the stay in duty station. The Consultant is NOT allowed to stay in a place of their choice other than the UNDSS approved places. UNDP will provide a MORSS compliant accommodation within the UN Complex or UN identified complex.
• Travel and Visa – The Consultant shall propose an estimated lump sum for two home-Kabul-home roundtrip travel and Afghanistan visa expenses.
• The total professional fee, shall be converted into a lump sum contract and payments under the contract shall be made on submission and acceptance of deliverables under the contract in accordance with the above- mentioned schedule of payment.

Evaluation Method and Criteria:

Individual consultants will be evaluated based on the following methodology:

Cumulative analysis

The award of the contract shall be made to the individual consultant whose offer has been evaluated and determined as follows:

• Responsive/compliant/acceptable, and
• Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation.
• Technical Criteria weight 70%
• Financial Criteria weight 30%

Only candidates obtaining a minimum of 49 points (70% of the total technical points) would be considered for the Financial Evaluation.

TECHNICAL CRITERIA 70 POINTS

General Qualifications and Experience relevant to the assignment (20 marks)

Technical Proposal (20 marks)

Technical Approach & Methodology (10 marks) - This explain the understanding of the objectives of the assignment, approach to the services, methodology for carrying out the activities and obtaining the expected output, and the degree of detail of such output. The Applicant should also explain the methodologies proposed to adopt and highlight the compatibility of those methodologies with the proposed approach;

Work Plan (10 marks) - The Applicant should propose the main activities of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by the Client), and delivery dates. The proposed work plan should be consistent with the technical approach and methodology, showing understanding of the TOR and ability to translate them into a feasible working plan.

Interview (30 marks)

Documents to be included when submitting the proposals: 

Interested individual consultants must submit the following documents/information to demonstrate their qualifications in one single PDF document

Duly accomplished Confirmation of Interest and Submission of Financial Proposal Template using the template provided by UNDP (Annex II);

Personal CV or P11, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Candidate and at least three (3) professional references.

Technical Proposal

Brief description of why the individual considers him/herself as the most suitable for the assignment;

A methodology, on how they will approach and complete the assignment and work plan as indicated above.

Annexes (click on the hyperlink to access the documents):

• Annex 1 - IC Contract Template (for information)
• Annex 2 -  Financial Proposal Template using the template provided by UNDP (to be completed by consultant at application stage)
• Annex 3 – IC General Terms and Conditions (for information)
• Annex 4 – RLA Template (if consultant wishes to be recruited through an employer) - (for information)

Incomplete application will not be considered, it will be disqualified automatically.