Local Consultant to provide overall support and capacity building to HRCM’s legal affairs team

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 with quasi-judicial powers, 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. After the 2nd amendment to Human Rights Commission Act 6/2006 in 2020, in addition to the existing authority, extensive duties are defined and mandated to the Commission. When executing the newly defined additional mandate, competency and efficiency of the Commission’s legal teal is key for executing the functions and responsibilities vested upon the Commission.

In this regard,?UNDP Maldives together with HRCM is seeking the support of a qualified local consultant to assist and improve proficiency, law execution skills and overall performance of HRCM’s Legal Affairs team.

Duties and Responsibilities

B - DUTIES AND RESPONSIBILITIES

Scope of Work

Under the guidance of UNDP and HRCM, the consultant is expected to deliver the tasked outlined below within a defined time frame. The tasks to be undertaken by the consultant under the Terms of Reference include, but are not necessarily limited to, the following:

Providing technical support and guidance to HRCM’s Legal Affairs team on ongoing legal drafting work, as requested and needed.

Developing a thorough guideline on legal drafting as a guide to the Legal and Policy Department. The guideline should cover areas including, and not limited to, a check list for drafting, consultation methodology (in detail with instructions), instructions on producing policy briefing, green papers, local and international best practices on legal drafting, etc.

Provide technical support and guidance to the staff on legal representation, as requested and needed.

Developing a brief/guide on legal representation for HRCM’s Legal Affairs team. This document will be useful for HRCM’s Legal Affairs team while preparing to represent victims of human rights violations in courts of law.

Providing technical guidance on compliance and regulatory elements of legal instruments relating to human rights, to HRCM’s Legal Affairs team, as requested and needed.

Conducting a thorough review the HRCM Act, and all relevant legal instruments, including, and not limited to established regulations, bylaws, and procedures.

Based on the review, developing a paper on gaps and opportunities for HRCM Act and the established regulations to be better aligned with Paris Principles, international human rights standards, and best practices. This paper will provide valuable input and impetus to future reviews and amendments of the Act and the established regulations.

Based on the review, and in line with the HRCM’s mandate as stipulated in HRCM Act, it’s 5-year Strategic Plan and Action Plan, develop relevant guidelines for HRCM’s Legal Affairs team on dealing with compliance and regulatory elements of legal instruments relating to Human Rights. These guidelines will be a resource and guide to the Legal Affairs team beyond the duration of this consultancy. The guideline should draw from local and international best practices.

Provide expert advice and guidance to improve the efficiency and performance of the legal affairs team.

Developing a list of instruction and recommendations on how to improve the efficiency and performance of the legal affairs team, which will be resourceful for the Legal Affairs team beyond the duration of this consultancy. The list of instructions and recommendations should use case study methods (cases of HRCM) to provide recommendations, should draw from local and international best practices, with an added focus on technological avenues in advancing the efficiency and performance of the Legal Affairs team.

Developing a guideline for the Legal Affairs team on improving the Commission’s legal analysis and advice work. By aligning with the Paris Principles, the HRCM Act, the Commission’s 5-year Strategic Plan and Action Plan, this guideline will provide instructions to the Legal and policy team to ensure that the Commission’s legal analysis and advice work has a firm basis in international human rights law, provides good analysis of the relevant law and its policy and practical dimensions, and of possible alternative legal approaches that are more consistent with international human rights standards (Action 1.5, 2009 CA Report).

Developing a paper on current gaps and opportunities for HRCM to better align its mandate and strategies to the quasi-judicial powers vested upon itself under the HRCM Act.

Conducting capacity building workshops with HRCM Legal Affairs team and relevant staff of other departments on sensitization and familiarization with the guidelines developed under this consultancy.

Conducting stakeholder consultations as needed for the development of the different guidelines and papers required under this Terms of Reference.

Providing other advice and guidance on the on-going work of the Legal Affairs team, as needed and requested.

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.

Each deliverable will be deemed completed upon the completion of the specific tasks and the submission of the final documents stipulated under each deliverable.

The consultant will be responsible for the following deliverables:

Deliverable 1 – Under this deliverable, the consultant will perform the specific tasks and final documents described below:

The consultant will develop a thorough guideline on legal drafting as a resource document to the Legal and Policy Department, which will be beneficial for the Commission’s legal drafting work beyond the duration of this consultancy. The guideline should cover areas including, and not limited to, a check list for drafting, consultation methodology (in detail with instructions), instructions on producing policy briefing, green papers, local and international best practices on legal drafting, etc. The consultant will then submit the draft guideline for HRCM and UNDP’s review and feedback. The deliverable will be completed upon the submission of the final guideline after collecting and incorporating feedback from HRCM and UNDP.

The consultant will develop a brief/guide on legal representation as a resource document for HRCM’s Legal Affairs team, which will be beneficial for the Commission’s legal representation work beyond the duration of this consultancy. This document will be useful for HRCM’s Legal Affairs team while preparing to represent victims of human rights violations in courts of law. The consultant will then submit the draft guide for HRCM and UNDP’s review and feedback. The deliverable will be completed upon the submission of the final guideline after collecting and incorporating feedback from HRCM and UNDP.

The consultant will complete 40 hours of in-house consultancy, to provide advice and guidance to the Legal Affairs team on their on-going work, as needed and requested.

Deliverable 2 - Under this deliverable, the consultant will perform the specific tasks and final documents described below:

The consultant will conduct a thorough review of the HRCM Act and all relevant legal instruments, including, and not limited to bylaws, regulations, and procedures.

Based on the review, the consultant will prepare a paper on gaps and opportunities for HRCM Act and established regulations to be better aligned with Paris Principles, international human rights standards, and best practices. This paper is expected to provide valuable input and impetus to future reviews and amendments. The consultant will then submit the draft paper for HRCM and UNDP’s review and feedback. The deliverable will be completed upon the submission of the final paper after collecting and incorporating feedback from HRCM and UNDP.

Based on the review, and in line with the HRCM’s mandate as stipulated in HRCM Act, it’s 5-year Strategic Plan and Action Plan, the consultant will write relevant guidelines for HRCM’s Legal Affairs team on dealing with compliance and regulatory elements of legal instruments relating to Human Rights. These guidelines will be a resource and guide to the Legal Affairs team beyond the duration of this consultancy. The guideline should draw from local and international best practices. The consultant will then submit the draft guideline for HRCM and UNDP’s review and feedback. The deliverable will be completed upon the submission of the final guideline after collecting and incorporating feedback from HRCM and UNDP.

Under this deliverable, the consultant will also facilitate and deliver workshops, to sensitize and familiarize HRCM’s Legal Affair team and relevant staff, with the paper and the guideline developed under this deliverable. The deliverable will be completed upon the satisfactory delivery of the workshops.

The consultant will conduct stakeholder consultations as needed for the development of the documents required under this deliverable.

The consultant will complete 40 hours of in-house consultancy, to provide advice and guidance to the Legal Affairs team on their on-going work, as needed and requested.

Deliverable 3 - Under this deliverable, the consultant will perform the specific tasks and final documents described below:

The consultant will develop a list of instruction and recommendations on how to improve the efficiency and performance of the legal affairs team, which will be resourceful for the Legal Affairs team beyond the duration of this consultancy. The list of instructions and recommendations should use case study methods (cases of HRCM) to provide recommendations, should draw from local and international best practices, with an added focus on technological avenues in advancing the efficiency and performance of the Legal Affairs team. The consultant will then submit the draft document for HRCM and UNDP’s review and feedback. The deliverable will be completed upon the submission of the final document after collecting and incorporating feedback from HRCM and UNDP.

The consultant will develop a guideline for the Legal Affairs team on improving the Commission’s legal analysis and advice work. The consultant will develop this guideline by aligning with the Paris Principles, the HRCM Act, the Commission’s 5-year Strategic Plan and Action Plan. The consultant will make sure that the guideline will provide instructions to the Legal and policy team to ensure that the Commission’s legal analysis and advice work has a firm basis in international human rights law, provides good analysis of the relevant law and its policy and practical dimensions, and of possible alternative legal approaches that are more consistent with international human rights standards. The consultant will then submit the draft guideline for HRCM and UNDP’s review and feedback. The deliverable will be completed upon the submission of the final guideline after collecting and incorporating feedback from HRCM and UNDP.

Under this deliverable, the consultant will also facilitate and deliver workshops, to sensitize and familiarize HRCM’s Legal Affair team and relevant staff, with the list of instructions and recommendations, and the guideline developed under this deliverable. The deliverable will be completed upon the satisfactory delivery of the workshops.

The consultant will conduct stakeholder consultations as needed for the development of the documents required under this deliverable.

The consultant will complete 40 hours of in-house consultancy, to provide advice and guidance to the Legal Affairs team on their on-going work, as needed and requested.

Deliverable 4 - Under this deliverable, the consultant will work a total of 140 hours on delivering the Continuous support functions, as well as the below specific tasks:

The consultant will develop a paper on current gaps and opportunities for HRCM to better align its mandate and strategies to the quasi-judicial powers vested upon itself under the HRCM Act. The consultant will carry out necessary stakeholder consultations to collect needed information for this task. The consultant will then submit the draft paper for HRCM and UNDP’s review and feedback. The deliverable will be completed upon the submission of the final paper after collecting and incorporating feedback from HRCM and UNDP.

Under this deliverable, the consultant will also facilitate a session for the Legal Affairs team and relevant HRCM staff and present the paper developed under this deliverable The deliverable will be completed upon the satisfactory delivery of the session.

The consultant will conduct stakeholder consultations as needed for the development of the document required under this deliverable.

The consultant will complete 40 hours of in-house consultancy, to provide advice and guidance to the Legal Affairs team on their on-going work, as needed and requested.

Duration of the Assignment

The duration of this assignment is a total of 16 weeks (4 months). During this period, the consultant is expected to report for in-house consultancy work for a total of 160 hours (10 hours a week), complete and deliver the documents stipulated under each deliverable within 1 month’s time allocated for each deliverable.

The consultant is not expected to work on UN holidays, and the consultant is expected to work remotely on observed government holidays which are UN workdays.

Institutional Arrangement

The Consultant will closely coordinate with HRCM and will be accountable the UNDP Programme Officer and the designated supervisor from HRCM assigned to this consultant. 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 arrange a physical space at the Legal and Policy department for the consultant to work at during the span of the consultancy. The Consultant will be briefed by HRCM at the beginning of the assignment and HRCM may present a work plan for in-house consultancy component. The consultant is expected to provide an update of the progress and/or lack thereof in a timely manner to HRCM’s designated supervisor. HRCM will help facilitate and provide guidance on arranging meetings with stakeholders for any external consultations required by the consultant during the development of guidelines and papers. HRCM will also provide any other necessary information to the 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 and UNDP, 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 consultant is expected to work at the office of Human Rights Commission of the Maldives Legal Affairs Department during the agreed in-house consultancy hours. The Consultant may opt to work remotely for the other specific tasks stipulated under this ToR. On circumstantial instances where consultant is physically unable to report to HRCM for the in-house consultancy hours, the consultant may work remotely after providing a justification and getting the approval from HRCM’s designated supervisor.

The consultant is not expected to travel during this consultancy, however, might be determined later.

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 completion of the required deliverables/outputs with satisfactory evaluation by the Programme Manager/Focal Point as per agreement for each deliverable in accordance with a set time schedule to be agreed in the contract.

Deliverable

Target due date

Percentage

Review and Approvals Required

Deliverable 1 –
(1 month)

April 2022

25% upon completion of the deliverable

Review and Approval of the final guidelines from HRCM and UNDP, completion of the workshops, and the completion of in-house consultancy hours for advising and guiding.

Deliverable 2 –
(1 month)

May 2022

25% upon completion of the deliverable

Review and Approval of the final paper and guidelines from HRCM and UNDP, completion of the workshops, and the completion of in-house consultancy hours for advising and guiding.

Deliverable 3 –
(1 month)

June 2022

25% upon completion of the deliverable

Review and Approval of the final list of instructions and guideline from HRCM and UNDP, completion of the workshops, and the completion of in-house consultancy hours for advising and guiding.

Deliverable 4 –
(1 month)

July 2022

25% upon completion of the deliverable

Review and Approval of the final paper from HRCM and UNDP, completion of the session, and the completion of in-house consultancy hours for advising and guiding.

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 of experience in legal drafting, developing regulations, policy briefs, green papers, guidelines, manuals, roadmaps, white papers, or relevant materials, in areas including but not limited to human rights and civil matters.

Minimum of 1 year of experience in conducting consultation meetings and capacity building workshops.

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.