Senior Legal Environment Assessment Expert

Kyiv

Background

Ukraine is among the 30 MDR-TB burden countries in the world and WHO states that the TB epidemic in Ukraine is characterized by widespread multi-drug resistant (MDR) and extensively drug resistant (XDR) tuberculosis (TB), high mortality from untreated or inappropriately treated TB, and increasing TB/HIV co-infection rates. Despite the adoption of the Stop TB Strategy by the National TB Programme (NTP), its components have not been sufficiently implemented. The socio-economic hardship has been aggravated by political crisis and war in the East of Ukraine where more than one million Internally-displaced people (IDPs) are spread throughout the country and need emergency assistance including TB and TB/HIV care.

Legal Environment Assessment (LEA)

An assessment of Ukraine’s national legal and regulatory framework is an important step in strengthening the response to TB. The primary aim of a legal and regulatory assessment is to identify and review TB, HIV, health and any other related laws, regulations and policies and practices to identify which laws, policies and practices are relevant and have an impact in the national response to TB. A range of laws (not just health laws) are implicated because TB is not just health/medical issues, but also have issues that require deep inquiry into structural factors of inequality, power, personal and social dynamics.

The outcome of the national LEA is to make recommendations for strengthening an enabling environment for an effective response to TB. More specifically, the outcome of the LEA is to generate evidence and use it actively to strengthen the legal environment, including through law review and reform, programmes to increase awareness of rights and access to legal services and improve law enforcement. The assessment supports governments to meet their commitments and targets related to eliminating TB, stigma and discrimination and to create enabling legal environments. UNDP and Stop TB Partnership will develop actionable, evidence-informed and human-rights-based recommendations for an effective TB and HIV response. TB touches the lives of many different people and groups across a wide range of sectors; the ways in which their lives and activities are regulated may affect their exposure to TB or their vulnerability to the impact of TB. The expected TB LEA will include a range of laws affecting TB key populations, such as: children’s laws that set out children’s rights; ?family, marriage and inheritance laws providing information on the rights of women to own and inherit property; ?criminal laws that affect people with TB (e.g., laws that criminalize non-adherence to TB medication or call for the solitary confinement of people with TB and MDR-TB); laws that criminalize the behaviour of key populations at risk for TB including people who inject drugs; intellectual property laws that restrict or promote access to TB medications; correctional service laws that determine access to services for prisoners; citizenship, immigration/migration and/or refugee laws that determine access to services for non-citizens; employment laws that set out the rights of people with TB in the workplace, and necessitate non-discrimination and compensation; and disability laws that set out the rights of people with disabilities.

UNDP and Stop TB partnership seeks the services of a National Senior LEA Expert to provide expert services for the TB LEA in Ukraine as leader of a team of consultants to conduct the TB Legal environment assessment in Ukraine building on the USAID HIV LEA conducted by Delloitte and legal assessment baseline by the Global Fund.?

Duties and Responsibilities

MAIN OBJECTIVES OF THE ASSIGNMENT

Lead the consultancy team to conduct LEA on TB in Ukraine with following sub-goals:

  • Identify and examine all important legal and human rights issues affecting particularly people affected by TB and those at higher risk of TB exposure, including people living with HIV.
  • In cooperation with the other Experts, ensure that the LEA review includes an assessment of:
  1. the constitution;
  2. international and regional human rights instruments and declarations;
  3. relevant laws, regulations and policies; ?
  4. plans, strategies and guidelines; ?
  5. case law from national courts and regional human rights courts, and UN treaty body jurisprudence;
  6. annual reports and research reports of civil society organizations, statutory bodies (such as a Human Rights Commission), international and regional organizations (e.g., reports submitted to Universal Periodic Review, Human Rights Watch reports, etc.) and academic publications;
  7. Regional agreements and high-level declarations
  8. country reports on human rights commitments to regional bodies and international bodies.
  • Determine the extent to which the current legal environment protects rights and/or acts as a barrier to access to Related services.
  • Conduct the qualitative part of the LEA assessment (focus group discussions and key informant interviews at the national level and in five target oblasts: Rivne, Chernigov, Poltava, Mikolayev, Donetsk) to  ensure that those who experience the relevant laws and regulations in the course of their work or as populations accessing services may express their opinion. 
  • Conduct stakeholder consultations for promoting an inclusive and participatory LEA, legal and human rights issues in which the voices of all key stakeholders are heard to gain insight into issues and experiences that may not otherwise be documented, particularly in relation to the impact of laws, regulations and policies on people’s lives, their access to justice, and how laws are implemented and enforced.
  • Finalize and present the LEA report to the National stakeholders and draft the National Action Plan (NAP).

DESCRIPTION OF RESPONSIBILITIES / SCOPE OF WORK

  • Identifying and collecting relevant policies, legal and research documents for literature review;
  • Identifying key stakeholders to be consulted;
  • Contribute to the inception report and methodology with focus on qualitative research: describe tools   select and propose regions for data collection and analysis;
  • Develop guides for interviews with key national and local stakeholders, KPs and guidelines for focus groups;
  • Conduct key informant interviews (at least 30 interviews at the oblast and national levels)  and focus-group discussions in five targeted oblasts and provide transcripts;
  • Perform data analysis related to the research topic and compile recommendations for public health –related legal and policy environment, strengthening access to justice as well as ensuring enforcement of rights, and creation of an effective response to TB, HIV and AIDS;
  • Collaborate closely (as one team) with the national and international human right experts (Lawyers) on identifying gaps and weaknesses in the current legal, regulatory and policy frameworks for TB/HIV prevention, treatment and care and impact mitigation;
  • Draft and submit for approval the structure of the final report;
  • Contribute to the final LEA report to be approved by UNDP;
  • Draft the final report in English, summarize and prepare the presentation of the results for the stakeholders.
  • Plan and conduct post-assessment advocacy to ensure key Ukrainian stakeholders are made aware of the assessment findings and are encouraged to take up the law and policy recommendations in the country.
  • Develop a multi stakeholder national action plan with the relevant lead sector.

Deliverables

The expected duration of the assignment is up to 40 man/days. The target date for the start of work is 22 October 2017 and the expected completion date is 28 February 2018.

Deliverable 1

Provide inputs to the inception report (including methodology and guidelines of the FDGs and interviews) - 5 working days

Deliverable 2

Conduct study related meetings, key informant interviews with key stakeholders and focus-group discussions in at least 5 regions based on the approved methodology.

Lead the team to present the main findings to the CCM sub-committee or to other relevant stakeholders - 30 working days

Deliverable 3

Lead the preparation of the final TB LEA report (with the input from other consultants) in line with the Stop TB/UNDP LEA Guidelines and include the following Annexes: Summary PPP presentation, National action plan - 5 working days.

Copyright

The title rights, copyrights and all other rights whatsoever nature in any material produced under the provisions of this TOR will be vested exclusively in UNDP.

Monitoring/REPORTING requirements

Work-progress reporting/monitoring meetings will be held with the Consultant on a regular basis. UNDP will be responsible for all control of quality and evaluate work-progress of the performance of Senior LEA Expert. No reports or documents should be published or distributed to the third parties without prior approval of the UNDP.

The Consultant shall:

  1. Submit monthly time-sheets indicating the days worked and short details of tasks per day;
  2. Submit final report as described above.

PROPOSED PAYMENT SCHEDULE

Daily fee remuneration will be disbursed on a monthly basis upon satisfactory delivery of agreed services as specified above based on time-sheets indicating the days worked and short details of tasks per day approved by Programme Specialist.

Competencies

  • Demonstrate/safeguard ethics and integrity;  
  • Demonstrate corporate knowledge and sound judgment;
  • Self-development, initiative-taking;
  • Act as a team player;
  • Encourage and participate in open communication in the team, communicate effectively;
  • Create synergies through self-control;
  • Manage conflict;
  • Informed and transparent decision-making.

Required Skills and Experience

Minimum qualifications and experience:

Education:

  • Advanced university degree in Sociology, Social Work, Public Health, Law or other relevant area.

Experience: 

  • At least 5 years of relevant experience in social researches;
  • Prior experience of working with law and policy analysis is an asset;
  • Previous experience in public health sector would be a valuable asset;
  • Fluency in Ukrainian and English is required.

DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS

Applicants shall submit the following documents:

  • Personal CV, including information about past experience in similar projects / assignments and contact details for referees;
  • Financial proposal;
  • P-11 Form;
  • Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP;

FINANCIAL PROPOSAL

Contracts based on daily fee

The financial proposal shall specify a daily fee amount. In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this daily fee based amount and number of anticipated working days (including travel to 5 regions of Ukraine (Rivne, Chernigov, Poltava, Mikolayev, Donetsk) for the periods required to complete the required scope of work, per diems, and number of anticipated working days).  

Travel costs

All travel arrangements to five oblasts should be included to the financial proposal.

In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultant, prior to travel and will be reimbursed.

EVALUATION CRITERIA

  • Advanced university degree in Sociology, Social Work, Public Health, Law or other relevant area- 15 points max {10 pts – Specialist; 15 pts – PhD/Master’s};
  • At least 5 years of relevant experience in social researches (experience in similar projects) - 30 points max  {30 pts – 8 years or more; 20 pts – 5-8 years };
  • Prior experience of working with law and policy analysis - 5 points max {5 pts – 2 years or more};
  • Previous experience in public health sector- 10 points max {10 pts – 2 years or more};
  • Fluency in Ukrainian and English - 10 points max {10 pts – Ukrainian and English};

Maximum available technical score - 70 points.

EVALUATION METHOD

Cumulative analysis:

Contract award shall be made to the incumbent whose offer has been evaluated and determined as:

a) responsive/compliant/acceptable, and

b) having received the cumulative 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 70% from the maximum available technical score (49 points) would be considered for the Financial Evaluation

The maximum number of points assigned to the financial proposal is allocated to the lowest price proposal and will equal to 30. All other price proposals will be evaluated and assigned points, as per below formula:

30 points [max points available for financial part] x [lowest of all evaluated offered prices among responsive offers] / [evaluated price].

The proposal obtaining the overall cumulatively highest score after adding the score of the technical proposal and the financial proposal will be considered as the most compliant offer and will be awarded a contract

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.
Before applying, please make sure that you have read the requirements for the position and that you qualify.
Applications from non-qualifying applicants will most likely be discarded by the recruiting manager.
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  • Organization: UNDP - United Nations Development Programme
  • Location: Kyiv
  • Grade: Mid/Senior
  • Occupational Groups:
    • Legal - Broad
    • Environment
  • Closing Date: 2017-11-02

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