Local Consultant to develop regulations and procedures for HRCM

Background

A – BACKGROUND

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. UNDP is on the ground in about 170 countries and territories, working with national counterparts on solutions to global and national development challenges. In the programme countries, UNDP supports stabilization, state-building, governance, and development priorities in in partnership with the host governments, the United Nations system, the development partners and other partners to help the country to achieve sustainable development by eradicating poverty in all its forms and dimensions, accelerating structural transformations for sustainable development and building resilience to crises and shock.

UNDP has been a trusted development partner of the Maldives for more than 40 years, helping to achieve the eradication of poverty, reduction of inequalities and exclusion in areas such governance, environment protection, climate change mitigation and adaptation. In each of its thematic areas of work, UNDP at the request of its national partners provides relevant policy advisory support, technical assistance, advocacy, and knowledge to help Maldives achieve its global commitment on Sustainable Development Goals (SDG). With Maldives’s transition to Middle Income Country Status, Official Development Assistance from traditional donor sources has been on the continuous decline. UNDP is therefore working with its national partners to identify and tap into alternative and innovative financing mechanisms for development. This process involves broadening outreach and forging wide-ranging partnerships with stakeholders - including other UN agencies, the government, the private sector, philanthropic Foundations, multi-lateral and bi-lateral donors and International Finance Institutions to advance the country’s development strategies and objectives.

UNDP Maldives through its Integrated Governance Programme II (IGP) works with various government partners, including The Human Rights Commission of the Maldives (HRCM), in providing relevant support to strengthen the rule of law and human rights for sustaining peace and fostering development. HRCM is an independent statutory institution, established on 10 December 2003 in accordance with the Human Rights Commission Act 6/2006. It is mandated to defend and promote human rights in and around Maldivian jurisdiction. One of the most crucial functions of the commission is its investigation limb, which essentially scrutinizes and investigates any case that surrounds a breach and/or violation of any fundamental rights protected by The Constitution of Maldives and subsequent legally binding instruments.

Within the powers allocated by the Human Rights Commission Act (HRCM Act), during the course of approved investigations, HRCM has the power to summon person(s) and conduct inquiries. However, HRCM Act does not clearly stipulate the manner in which HRCM’s investigative powers are to be executed. As such, it is crucial to highlight that HRCM has not had a specific regulation and/or procedure that monitors and/or guides the process of investigation, receipt, and assimilation of investigative materials. Therefore, in cases of any breach or violation of any of the fundamental rights protected in/around Maldivian jurisdiction, it is vital to have a detailed regulation which aligns with international best practices for the proper execution of powers vested by Maldivian Constitution and HRCM Act.

Furthermore, the 2nd amendment to the HRCM Act ratified in 2020 provides an opportunity for the Commission to set a robust mechanism for civil compensation and civil litigation process. This is an extremely important step in providing compensation for victims of human rights violations and to ensure guilty personnel and/or entities are held accountable.

In this regard, UNDP Maldives together with HRCM is seeking the support of a qualified local consultant to develop and deliver the human rights investigations procedural regulation, and the civil litigation and compensation regulation.

Duties and Responsibilities

B - DUTIES AND RESPONSIBILITIES

Scope of Work

Under the guidance of UNDP and HRCM, the consultant is expected to develop and deliver the human rights investigations procedural regulation powered by HRCM Act (including all the amendments), and the civil litigation and compensation regulation (hereby referred to as “the regulations”). The tasks to be undertaken by the consultant under the Terms of Reference include, but are not necessarily limited to, the following:

Conducting a desk review of existing policy papers (local and international), legal framework and relevant legislations/regulations and practices related to human rights, assessments, and relevant reports.
Conducting consultation meetings with UNDP, relevant UN Agencies and HRCM’s relevant staff to discuss and make note of the Commission’s policy directives and recommendations for the regulations.
Conducting consultation meetings with relevant stakeholders including but not limited to judiciary (Supreme Court, High Court, Superior Courts, Magistrate Courts), Department of Judicial Administration, Maldives Police Service, Prosecutor General’s Office, Attorney General’s Office, Maldives Correctional Services, Ministry of Health, Ministry of Gender, Family and Social Services, other relevant government institutions, and NGO’s.
Drafting the regulations as per HRCM Act and the Constitution of the Maldives, and based on the consultation meetings, international best practices, the review of suggested policy papers, and policy directives from HRCM.
Drafting the regulations in Dhivehi language, and translating them into English once they are finalized following a thorough review conducted by HRCM, UNDP and after obtaining feedback from stakeholders
Conducting a final consultation meeting with relevant stakeholders, UNDP and HRCM to validate and finalize the regulations.
Develop a roadmap by Identifying the implications of the regulations on key institutions and stakeholders once enacted and recommend a way forward by proposing roadmaps for implementing the regulations which includes mitigating measures.

Expected Outputs and Deliverables:

All documents shall be submitted as stipulated below and all documents will be submitted as drafts and upon review by the HRCM and UNDP the consultant shall revise the draft documents. Once, the revised reports are approved by UNDP and HRCM they will be termed as final documents for the consultancy.

The consultant will be responsible for the following deliverables:

Inception report – Under this deliverable, the consultant will conduct a desk review of existing policy papers (local and international), legal framework and relevant legislations/regulations and practices related to human rights, assessments, and relevant reports. The consultant will then conduct working meetings with UNDP, relevant UN Agencies and HRCM’s relevant staff to discuss and make note of the Commission’s policy directives and recommendations for the regulations. During this stage the consultant is expected to provide technical guidance and recommendations to HRCM on the best approach and methodology, drawing from international best practices. Afterwards, the consultant will produce an inception report reflecting the findings of the desk review, the proposed policy options for the regulations, a proposed list of stakeholders for further consultation (including those specified under point 3 of the Scope of Work above), and a proposed timeline for the remaining deliverables. The deliverable will be completed upon the submission of the draft inception report for HRCM/UNDP review, collecting initial feedback and submitting a final inception report.

Drafting of the regulations - Under this deliverable, the consultant will conduct consultations with the stakeholders identified in the inception report and others if required. The consultant will then draft the regulations based on the findings from the consultations, the proposed policy options outlined in the inception report, and as per the timeline identified in the inception report. The drafts should be written in Dhivehi and in a format and style determined by the HRCM and UNDP and will be translated into English once they are finalized following a thorough review conducted by HRCM, UNDP and after obtaining feedback from stakeholders. The deliverable will be completed upon the submission of the draft regulations for HRCM/UNDP review, collecting initial feedback and submitting final draft regulations.

Validation meeting and final submission of the regulations – Under this deliverable, the consultant will facilitate a validation workshop for the relevant stakeholders on the regulations. The consultant will then incorporate comments received during the validation meeting and share final drafts of the regulations with the stakeholder, HRCM and UNDP for a final round of review and feedback. The consultant will then incorporate feedback received and submit the final regulations to HRCM and UNDP. The deliverable will be completed upon the submission of the final regulations after collecting and incorporating feedback from all parties.

Developing Roadmap for implementation of the regulations - Under this deliverable, the consultant will develop a roadmap for both regulations, identifying the implications of the regulations on key institutions and stakeholders once enacted and recommend a way forward by proposing a roadmap for implementing the regulations which includes mitigating measures. The deliverable will be completed upon the submission of the draft roadmap for HRCM/UNDP review, collecting initial feedback and submitting final roadmap.

Duration of the Assignment

The duration of this assignment is 60 working days, between March – 30th May 2022.

Institutional Arrangement

The Consultant will closely coordinate with HRCM and will be accountable the UNDP Programme Officer and the designated focal point from HRCM assigned to this consultancy. Quarterly meetings will be held with Programme Officer of UNDP Maldives. A briefing and debriefing meeting will be organized with UNDP and HRCM at the beginning and end of assignment. HRCM will facilitate meetings and prepare/extend invitations with stakeholders for consultations and for the validation workshop, provide any other necessary information to consultant in a timely manner, review, and comment deliverables in a timely manner, and monitor the consultancy together with UNDP.The consultant is expected to maintain close contact by email with HRCM, communicate any complications regarding the consultancy by writing as soon as possible, and to provide contact details that allow HRCM to get in contact with the consultant at any time during the consultancy.

Duty Station and Expected Places of Travel

This consultancy is a home-based exercise.

C - PAYMENT TERMS

The method of payment is output-based lump-sum scheme. The total amount quoted shall be all-inclusive lump sum and include all costs components required to perform the deliverables identified in the TOR, including professional fee, travel costs, living allowance (if any work is to be done outside the duty station) and any other applicable cost to be incurred by the firm in completing the assignment. The contract price will be a fixed output-based price regardless of extension of the specified duration herein.

The payments shall be released upon submitting the required deliverables/outputs with satisfactory by the Programme Manager/Focal Point as per agreement for each report in accordance with a set time schedule to be agreed in the contract.

Deliverable

Target due date

Percentage

Review and Approvals Required

Deliverable 1 – Inception Report (12 days)
[1 day for consultation, 6 days for desk review and drafting, 3 days for commenting, 2 days for final submission.]

April 2022

15% upon submission of deliverable

Review and Approval of inception report from HRCM and UNDP.

Deliverable 2 – Drafting the regulations (30 days)
[3 days for consultations, 14 days for drafting, 5 days for commenting, 6 days for translation, 2 days for final submission.]

April 2022

35% upon submission of deliverable

Review and Approval of the final draft regulations from HRCM and UNDP.

Deliverable 3 – Validation meeting and final regulations (8 days)
[1 day for preparing, 1 day for validation, 4 days for commenting, 2 days for final submission.]

May 2022

20% upon submission of deliverable

Review and Approval of the final regulations from HRCM and UNDP, as well as the delivery of the validation session.

Deliverable 4 – Roadmap for implementation (10 days)
[5 days for drafting, 3 days for commenting, 2 days for final submission]

May 2022

30% upon submission of deliverable

Review and Approval of the final roadmap from HRCM and UNDP.

Note: Payments will be based on invoices on achievement of agreed milestones i.e., upon delivery of the services specified in the TOR and certification of acceptance by the UNDP. The applicant must factor in all possible costs in their “All Inclusive Lump Sum Fee” including any professional fee, travel, honorarium, board and lodging, and any other foreseeable costs in this exercise. No costs other than what has been indicated in the financial proposal will be paid or reimbursed to the consulting firm. UNDP will only pay for any unplanned travel outside of this TOR and Duty Station on an actual basis and on submission of original bills/invoices and on prior agreement with UNDP officials. Daily per diems and costs for accommodation/meals/incidental expenses for such travel shall not exceed established local UNDP DSA rates.

For an Individual Contractor who is 62 years of age or older, and on an assignment requiring travel, be it for the purpose of arriving at the duty station or as an integral duty required travel under the TOR, a full medical examination and statement of fitness to work must be provided. Such medical examination costs must be factored into the financial proposal above. Medical examination is not a requirement for individuals on RLA contracts.

Competencies

D – COMPETENCIES

Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability.
Familiar with gender mainstreaming and gender sensitive planning.
Ability to lead strategic planning, results-based management and reporting.
Demonstrates good oral and written communication skills.
Ability to request and take input from others, be flexible, receptive, and adaptable to the different needs or changes in the process.
Ability to take lead and responsibility for planning and delivering key actions to complete the process
Strong communication skills, and ability to liaise with various stakeholders, including government officials.
Ability to focus on impact, result for the stakeholders, and responds positively to critical feedback
Demonstrates ability to manage complexities and work under pressure, as well as conflict resolution

Required Skills and Experience

E - REQUIRED SKILLS AND EXPERIENCE

Education:

LLM in the areas of human rights, social justice law, or related field, or
LLB

Experience:

With LLM, a minimum of 1 year of public or private practice.
With LLB, a minimum of 4 years of public or private practice.
Minimum of 1 year experience in legal drafting, development of policy briefs, white papers and green papers, in areas including but not limited to human rights and civil matters
Minimum of 1 year of relevant experience in developing relevant manuals, roadmaps, or relevant materials.
Demonstrated experience in conducting consultation meetings.
Relevant professional experience in the areas of human rights, gender, justice sector, or relevant fields is desired.
Good analytical, writing, and presentation skills and fluent in reading, writing, and speaking English and Dhivehi is desired.

Language Requirements:

Fluency in written and spoken English and Dhivehi is required.