National Consultant (Case Management Expert: Nari o Shishu Nirjatan Daman Tribunal

Background

An estimated 688,000 Rohingya community, have been fled forcibly due to violence from Myanmar into Cox's Bazar and the Chittagong Hill Tracts since 25 August 2017. The cumulative total of Forcibly Displaced Myanmar Nationals (FDMN) since 1978, 1991, and 2016 movements on top of 2017 movement is, according to the Government of Bangladesh 908,000, which is almost equal to the 1.2 million total population of Cox's Bazar. The rapid influx of FDMN into areas with high baseline levels of poverty and environmental vulnerability has put immense strain on infrastructure, services and the host population. There have been observations that conflict and social tension is rising gradually, within the camps between Rohingya, between Rohingya and host community, as well as inter-community tensions, including at household level, outside the camps. Both in 2017 and 2018 there have been high profile killings of camp community leaders as part of factional infighting in the Rohingya community.

A UNDP mission in early January 2018 highlighted that although voluntary repatriation of FDMN to Myanmar is expected to begin shortly, the pressure of the exponential increase of population in the area is increasingly being felt by the local population and institutions. The scale and speed of the FDMN influx into Bangladesh over the past few months put immense strain on infrastructure, services and the host communities, overwhelming existing response capacities. Sub-district (Upazila) offices find that their workload has increased to respond to the requests from the Camp-in-Charge (CICs) which means they cannot deliver their services (fire and police especially) as normal. Roads and schools have been affected by changed and higher volume of use and need to be rehabilitated. Assessments have highlighted risks faced by the FDMN, many of which also affect the wider population in the area, including protection issues (e.g., human and drug trafficking, domestic violence), public health (e.g., limited access to health services, increased risk of epidemics due to lack of water and proper sanitation), increased risk of natural disasters (e.g., because of widespread deforestation), and social cohesion (e.g., increasing inter- and intra-community disputes).

Considering the urgent humanitarian crisis and meeting essential services of the Rohingya and local host communities, UNDP initiated to work intensively through different long-term projects for both communities. The Community Recovery and Resilient Programme (C2RP) is one of them and the C2RP aims to address the impact of the influx on host communities focusing on livelihoods and social cohesion. Amongst its objectives, C2RP aims to provide district and sub district governance support, facilitate participatory and inclusive local governance processes, support improved service delivery in host community areas, ensure access to justice for the vulnerable justice seekers, and inclusive development of community infrastructure. The project will be implemented in two Upazilas namely Ukhiya and Teknaf under Cox's Bazar district with five affected unions. As the C2RP project is working to strengthen the capacity of the host community and government intuitions as well as justice institutions to ensure quality justice services to the host community and also to establish social peace so, need an evidence based case management research and recommendations from NAri – O -  Shishu Nijrtan Daman Tribunals in Cox’s Bazar that also can be replicated in other Courts to reduce case backlog and ensure speedy justice delivery. Against this backdrop, C2RP project intends to hire one consultants to support the justice delivery process through the concerned criminal courts and enhancing the scope of development through the criminal justice sector actors. 

Duties and Responsibilities

The consultant for the proposed assignment would be engaged for activating the Criminal Justice Case Coordination Mechanism and in mapping of the cases in Nari-O-Shishu Nirjatan Daman Tribunals (on trial and pending) in Cox’s Bazar, as well as to conduct the research on the causes of case backlog creating impact for the delayed justice delivery for women and children in the respective Tribunals. The consultant is expected to develop a criminal case tracking mechanism by preparing a regular database of cases categorizing the nature, concerned legislations, time used for each cases and loopholes creating the scope for delays. The consultant will report on the overall existing conditions of the justice delivery process and provide recommendations for the options of procedural development and justice sector-wide coordination as a practice guideline to ensure speedy justice delivery by the court actors.

 Scope of works: Under the Rule of Law component of C2RP Project, the consultant will work through Output – 2 of the Project: strengthening formal and informal mechanisms for dispute resolution to increase access to justice and mitigate risks of conflict and violence in the communities of Ukhia and Teknaf of Cox’s Bazar.

Specific objectives:

• Review the current status of the Criminal Justice Case Coordination or Case Management Committee at the District Judiciary level and introduce the mechanism as per guideline of the Ministry of Law and Justice;
• Mapping and developing an activity and implementation plan to conduct a research on reducing the case backlog in Nari-O-Shishu Nirjatan Daman Tribunals in Cox’s Bazar.
• To identify research based outcome on the major causes of case backlog and delay in disposal of cases from Nari-o-Shishu Nirjatan Daman Tribunals in Cox’s Bazar;
• Support towards developing an evidence based case management research and recommendations from Nari – O -  Shishu Nijrtan Daman Tribunals in Cox’s Bazar that also can be replicated in other Courts to reduce case backlog and ensure speedy justice delivery by engaging the Tribunal concerned criminal justice actors;
• develop a criminal case tracking mechanism by preparing a regular database of cases categorizing the nature, concerned legislations, time used for each cases and loopholes creating the scope for delays.
• Support to document the overall existing conditions of the district and grass-root level formal justice delivery process and provide recommendations/ scope of procedural development and justice sector-wide coordination as a practice guideline to ensure speedy justice delivery by the NAri-o-Shishu Nirjatan Daman Tribunals stakeholders.

Expected outputs/ deliverables:

Deliverables	Days Required
Review the existing Criminal Justice Case Coordination (CJCC) and activate the same following the guideline of the Ministry of Law and Justice Mapping and developing an activity and implementation plan to conduct a research on reducing the case backlog in Nari-O-Shishu Nirjatan Daman Tribunals in Cox’s Bazar.	10 days
Identify research-based outcome on the major causes of case backlog and delay in disposal of cases from Nari-o-Shishu Nirjatan Daman Tribunals in Cox’s Bazar; Prepare a database to take action for reduction of case backlog Support to organise events for improving the case management system.	15 days
Support towards developing an evidence based case management research and recommendations from Nari – O -  Shishu Nijrtan Daman Tribunals in Cox’s Bazar that also can be replicated in other Courts to reduce case backlog and ensure speedy justice delivery by engaging the Tribunal concerned criminal justice actors; Organise relevant events to engage the stakeholders in the process of CJCC	days
Develop a criminal case tracking mechanism by preparing a regular database of cases categorizing the nature, concerned legislations, time used for each cases and loopholes creating the scope for delays. Reporting on the overall existing conditions of the district and grass-root level formal justice delivery process and provide recommendations/ scope of procedural development and justice sector-wide coordination as a practice guideline to ensure speedy justice delivery by the NAri-o-Shishu Nirjatan Daman Tribunals stakeholders.	20 days

The consultant should produce all deliverables by the dates. C2RP of UNDP will take 2-3 working days to review the draft document and share feedback with the consultant.

Supervision and Performance Evaluation:

The National Consultant will closely work with the project team of C2RP Project of UNDP, Bangladesh. C2RP will provide all necessary logistic support, if required. The Consultant will be under the direct supervision of the C2RP Project Manager for performance evaluation.

Duration of the Work and Duty Station

The duration for the assignment for 60 days over the period for 4 months starting from March to May 2019.

Payment Milestone linked with deliverables: 

Deliverables	Percentage of Total Contract Amount
Submission of the inception report on the concerned assignment focusing on the key components after signing the contract. The report should be submitted within 7 days of signing the contract. Submit report on the current status of CJCC in CXB District Judiciary.	20 % of the total contract amount shall be paid upon completion of Deliverables-01 within 28th of Feb 2019
3. Identify research-based outcome on the major causes of case backlog and delay in disposal of cases from Nari-o-Shishu Nirjatan Daman Tribunals in Cox’s Bazar                4. Prepare and submit the report on the findings and submit the same and shared it with the relevant court judge;	30 % of the total contract amount shall be paid upon completion of Deliverables-01 & 02 (Complete the deliverables within the 30th of March 2019)
5. Develop formats and collect data on the status of the entire case pending of the courts;                  6. Prepare a draft report on the assignment and submit all the reports and relevant evidence for record.	30 % of the total contract amount shall be paid upon completion of Deliverables-01 & 02 (Complete the deliverables within the 30th of April 2019)
7. Submit all the event reports and database both hard and soft copy including all event reports                   8. Submit the final report incorporating the comments from the project and also submit the recommendation for future action towards ensuring access to justice for the host and refugee community in CXB	20 % of the total contract amount shall be paid upon completion of Deliverables-01 & 02 Within 24th of May 2019.

Travel

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 to a higher class, he/she should do so using their own resources. 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.

Travel and DSA:

No DSA will be paid at the duty station. If unforeseen travel outside the duty station not required by the Terms of Reference is requested by UNDP, and upon prior agreement/approval, such travel shall be UNDP’s expenses and the individual contractor shall receive a per-diem not to exceed United Nations daily subsistence allowance rate in such other location(s).

Competencies

Professional Competencies

• Strong background in promotion of peace and human rights, Demonstrated knowledge on community-sensitive mechanisms in Bangladesh;
• Excellent writing, IT and communication skills.

Behavioral Competencies

• Good interpersonal skills;
• Ability to take initiative and promotes a knowledge sharing and learning culture in the office;
• Ability to establish and maintain good working relationships to facilitate work goals;
• Demonstrable capacity to build knowledge through using various sources;
• Ability to plan, organize, implement and report on work;
• Positive, constructive attitude to work, effective problem solving, self-improvement, analysis and synthesis;
• Openness to change and ability to responds positively to feedback and differing points of view and integrates & updates accordingly; adaptability, creativity;
• Excellent presentation and facilitation skills;
• Demonstrates integrity and ethical standards;
• Displays cultural, gender, religion, race, nationality, age sensitivity and adaptability;
• Exhibit strong teamwork skills in a complex environment.
• Confident in demonstration of work;
• Remains calm, in control and good humored even under pressure.

Note: The individual consultant who does not meet the above eligibility criteria shall not be considered for further evaluation. Necessary documentation must be submitted to substantiate the above eligibility criteria.

Required Skills and Experience

Educational Qualification:

Minimum Master of Law, LLM or any other social science related field.

Experiences:

• Minimum 8 years of relevant working experience in the area criminal justice system in Bangladesh and have solid knowledge on the case management system
• Minimum 5 years working experience in the Subordinate Court and has Criminal Case Practice with practical knowledge of relevant documentations

 Additional Capacity:  

• Working experience in the area of access to justice, legal aid and human rights
• At least 5 years of experience in drafting and pleading criminal case in Magistrate, Sessions and Special Courts at District and Metropolitan Areas.
• Capacity to assess the case management system and identify the drawbacks
• Knowledge on research, data collection, analysis and reporting.
• Experience of conducting event like conference, workshop
• Working experience with NGOs in the area of research and advocacy would be an advantaged.
• Fluency in written and spoken English and ability to writing report is required.
• Understanding of local language (Cox’s Bazar) will be considered as added value.

Language:

• Fluency in written and spoken English and Chittagonian language and ability to writing report as required.

Price Proposal and Schedule of Payments

Consultant must send a financial proposal based on Lump Sum Amount. The total amount quoted shall be all-inclusive 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 IC´s duty station) and any other applicable cost to be incurred by the IC in completing the assignment. The contract price will be fixed output-based price regardless of extension of the herein specified duration. Payments will be done upon completion of the deliverables/outputs and as per below percentages-

In general, UNDP shall 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. Lodging, meals and transport cost for field visit related to this assignment will be paid by the project as per UN standard.

In the event of unforeseeable travel not anticipated in this TOR, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and the Individual Consultant, prior to travel and will be reimbursed.

Travel and DSA:

No DSA will be paid at the duty station. If unforeseen travel outside the duty station not required by the Terms of Reference is requested by UNDP, and upon prior agreement/approval, such travel shall be UNDP’s expenses and the individual contractor shall receive a per-diem not to exceed United Nations daily subsistence allowance rate in such other location(s).

Evaluation Method and Criteria:

Individual consultants will be evaluated based on the following methodology.

Cumulative analysis-

The award of the contract will be made to the individual consultant up on Cumulative Analysis/evaluation and determined as:

1. Responsive/compliant/acceptable; and
2. Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation;

Only candidates obtaining a minimum 70% mark in technical evaluation will be considered eligible for financial evaluation.

Technical Criteria for Evaluation (Maximum 70 points)

• Educations Qualifications in the area of law, LLM or any other social science related field- Max Point 15
• Number of years working experience in drafting case documents the area of capacity development, community mobilization, social cohesion- Max Point 20
• Working experience in the area of access to justice, human rights, SGBV and protection of rights of the community. Max Point 10
• Fluency in written and spoken English and Bangla- Max Point  10
• Local Chittagonian language- Max Point 5
• Working experiences with NGOs ot INGOs agencies or other international development agencies will be an added advantage - Max Point 10

Financial Evaluation (Total 30 marks)

All technical qualified proposals will be scored out 30 based on the formula provided below.

The maximum points (30) will be assigned to the lowest financial proposal. All other proposals received points according to the following formula:

p = y (µ/

Where:

• p = points for the financial proposal being evaluated;
• y = maximum number of points for the financial proposal;
• µ = price of the lowest priced proposal;
• z = price of the proposal being evaluated.

Documents to be included when submitting the proposals:

Interested individual consultants must submit the following documents/information to demonstrate their qualifications. Proposers who shall not submit below mentioned documents will not be considered for further evaluation.

• 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; P11 can be downloaded from the link below: http://www.bd.undp.org/content/bangladesh/en/home/operations/jobs/
• Technical proposal, including a) a brief description of why the individual considers him/herself as the most suitable for the assignment; b) a brief methodology, on how you will approach and complete the assignment, including a tentative table of contents for the final report; and c) a list of similar assignment with topic/name of the assignment, duration, role of consultant and organization/project
• Financial Proposal: Financial Proposal has to be submitted through a standard interest and availability template which can be downloaded from the link below:

http://www.bd.undp.org/content/dam/bangladesh/docs/Jobs/Interest%20and%20Submission%20of%20Financial%20Proposal-Template%20for%20Confirmation.docx

Please combine all your documents into one (1) single PDF document as the system only allows to upload maximum one document.