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National Legal Expert (NLE) on Penitentiary System for Introducing alternative to the imprisonment in the Republika Srpska Entity

home based - banja luka

  • Organization: UNDP - United Nations Development Programme
  • Location: home based - banja luka
  • Grade: National Consultant - Locally recruited Contractors Agreement - Consultancy
  • Occupational Groups:
    • Legal - Broad
  • Closing Date: 2021-06-15

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Background

NOTE: Signed Offeror’s Letter to UNDP Confirming Interest and availability - https://www.ba.undp.org/content/dam/bosnia_and_herzegovina/docs/Operations/Jobs/Offerors%20Letter%20to%20UNDP%20Confirming%20Interest%20and%20Availability.docx - Letter to UNDP Confirming Interest and Availability.docx - to be sent to e-mail ba.shared.hr@undp.org with Subject: Job ID 99415.

An integral part of the Home Arrest Concept Initiation Plan shall be development of  a comprehensive needs assessment and a roadmap for introduction of the prisoners’ electronic monitoring system in Republika Srpska (RS), as well as to develop Feasibility Study and a full Project Document (ProDoc) for RS entitled “Introducing alternative to the imprisonment in the Republika Srpska Entity”, with all mandatory and project specific Annexes and supporting documentation for submission to UNDP for final approval and endorsement. 

The Project shall conduct a comprehensive needs assessment, including required legislative changes, current practices from other countries, ethical and professional standards, structural and operational policies and procedures necessary to implement such provisions. The needs assessment will also outline the required human and financial resources and capacities of the staff and institutions, as well as recommended suitable IT solutions and equipment required.  

The Project will provide a special focus to developing Ethical and Professional standards to guide the national authorities, including judges, prosecutors, prison administrations, probation agencies, police and agencies providing equipment or supervising suspects and offenders.  

UNDP BiH aims to provide targeted assistance to the RS Government by providing a high-level expert team of consultants capable to carry out the highest quality of research and technical support in the process of development of a comprehensive, integrated project proposal that will set the implementation roadmap for introduction of the Electronic Monitoring System – Home Arrest in the Republika Srpska entity.  Additionally, the consultancy shall include recommendations regarding the Home Arrest System functionalities in the Federation of Bosnia and Herzegovina (FBiH) introduced in 2015 to bring them to the EU standards and to further efforts of BiH to harmonize legislation within BiH, while aligning all activities with the European standards and the Council of Europe recommendations on electronic monitoring of prisoners.    

 The National Legal Expert (NLE) on Penitentiary System, under supervision and coordination of the Local Project Development Specialist (LPDS), will contribute to the preparation of the needs assessment as well as provide technical inputs into the overall feasibility study for introduction of the prisoners’ electronic monitoring system in Republika Srpska.  The NLE will provide support and assistance to the LPDS in preparation and drafting of all required reports and documents and coordinate closely with National Operations Expert (NOE) to ensure uniformity of all activities as well as to ensure quality and relevance of produced needs assessment and impact reports. 

Duties and Responsibilities

?The National Legal Expert (NLE) on Penitentiary System is expected to prepare and conduct the comprehensive needs assessment of the existing legal framework in Republika Srpska, including draft changes of the relevant legislation and by-laws in Republika Srpska, to allow for introduction of the electronic monitoring system, as well as the existing legal framework for the electronic monitoring system in the Federation of BiH. Furthermore, the NLE shall analyze relevant EU legislation and standards to ensure approximation and harmonization. 

The Home Arrest Initiation Plan prepared by UNDP shall be provided to the team of consultants as a guideline regarding the responsibilities of the Expert team and must be consulted accordingly.  

The NLE, under the direct supervision and coordination of LPDS, shall perform the following tasks: 

TASK 1: Preparing Needs Assessment Report pertinent to the legal framework for the electronic monitoring system 

In line with approved methodological approach and under the leadership of the LPDS, NLE will contribute to the preparation of the needs assessment of the existing legal framework for the electronic monitoring system in the Republika Srpska and  Federation of BiH. Preparation of this deliverable shall entail the following duties and responsibilities:  

  • Carry out an analysis and a comparison of the criminal sanctions system in RS as well as in the Federation of BiH and at the state level;  
  • Provide inputs and in-depth analysis of the legal, institutional and regulatory frameworks and identified areas where changes and amendments are needed;  
  • Analyze relevant EU legislation and standards;  
  • Provide overall support and assistance to the LPDS in preparation and drafting of all required reports and documents;      
  • Support LPDS in identification of the project sites, with documentation of selection criteria, as applicable;  
  • Support LPDS in designing the Communication Strategy for the project;  
  • Support LPDS in completion of Feasibility Study and any additional reports that are determined to be needed for the preparation of the UNDP ProDoc and all other final outputs.  
  • Ensure coordination with the  National Operations Expert (NOE) to ensure uniformity of all activities as well as to ensure quality and relevance of produced needs assessment and impact reports. 

It is envisaged that this task will be delivered in the period 1 July – 15 August 2021 and the level of effort will not exceed 15 expert days.  

TASK 2:?Providing relevant inputs and support in drafting the ProDoc:   

  • Under supervision and in line with the guidelines provided by the LPDS, draft necessary documents/reports relevant to the legal framework and the needs identified through the legal needs assessment;  
  • Support LPDS in developing, presenting and articulating the project’s theory of?change, the Results Framework in line with UNDP policy, detailed Monitoring and Evaluation Plan and?Budget, Stakeholder Engagement?Plan, Gender Action Plan and?Budget; 
  • Synthesize legal needs assessment with the NOE's institutional and operational needs assessments, needed to produce the draft UNDP ProDoc, and all mandatory and project specific Annexes, using the templates. 
  • Takes part in verification mission in Bosnia and Herzegovina.? 
  • Closely work with LPDS and NOE to collect all relevant data, obtain feedback, and validate findings before moving on to the next stage of the process.  

Task 2 is expected to be completed in the period 15 August – 15 September 2021 and with estimated level of effort of 15 expert days. 

TASK 3:?Final Deliverables

Within this task the Consultant is expected to ensure a high-quality process and technical support to key actors in Republika Srpska in the programming stage of the planning process. The task also entails co-drafting, improving and, if and when required, re-drafting of the relevant segments of programming part of UNDP?ProDoc, based on inputs and validation by the other engaged consultants, UNDP BiH and relevant stakeholders . 

Concretely, the support will include:  

  • Provide support in consolidation of all technical and consultation inputs and comments including from national stakeholders and UNDP, into a well written and concise UNDP?ProDoc?with all required sections and Annexes, in line with the standard UNDP?ProDoc?template and annotated?guidance;? 
  • Assist in the completion of the stakeholders and UNDP Endorsement?Request;?? 
  • Finalized SESP (and stand-alone management plans as required);?? 
  • Ensure validation workshop and Roadmap presentation. 

It is envisaged that Task 3 will be delivered in the period 15 September – 15 October 2021 and the level of effort will not exceed 15 expert days.  

It is important to note that the entire process of strategic planning will be supported by a team of the relevant consultants. The team will have two consultants, along with a Team-lead Consultant who will serve as the main focal point and team leader.  

UNDP BiH, in close consultation with Office of the President of the Entity Republika Srpska, the RS Ministry of Justice and Judicial (Court) Police, will be responsible for the overall coordination and quality assurance of the process and products from the viewpoint of the content.  

The NLE will also be responsible for compiling the inputs that will ensure overall coherence and quality of the UNDP?ProDoc. Under the direct guidance of Team-lead Consultant, other consultants engaged for specific Pillars will be required to closely work together, agree on practical modalities of work, division of responsibilities as well as coordination and communication channels.  

All management and methodological issues will be closely coordinated and monitored by the UNDP BiH and, in close consultation with Office of the President of the Entity Republika Srpska, the RS Ministry of Justice and Judicial (Court) Police. 

Deliverables/outputs

#

Deliverables / Outputs

# of Days per Task

Due Date

Percentage

1. 

Draft Needs Assesment Report, including draft Strategic Framework and draft project strategy presented for stakeholder consultations

15

15 August 2021

35%

2. 

Draft Project Document presented for UNDP CO review

15

15 September 2021

35%

3. 

Final Project Document (with all respective annexes) ready for UNDP internal review and clearance

15

15 October 2021

30%

Competencies

Corporate competencies: 

  • Demonstrates integrity by modelling the UN’s values and ethical standards;  
  • Promotes the vision, mission, and strategic goals of UNDP;  
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
  • Treats all people fairly without favoritism;  
  • Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment;

Functional competencies: 

  • Strong interpersonal skills, communication and diplomatic skills, ability to work in a team;
  • Openness to change and ability to receive/integrate feedback; 
  • Ability to work under pressure and stressful situations; 
  • Strong analytical, reporting and writing abilities; 
  • Excellent public speaking and presentation skills; 

Required Skills and Experience

Academic Qualifications/Education:

  • Advanced University degree in relevant field, such as law or criminal justice. 
  • Bachelor degree in relevant field, such as law or criminal justice with additional two years of experience may be accepted in lieu of an advanced university degree. 

Experience:

  • ?Minimum five years of demonstrable experience in the legal field, specifically in the criminal justice system; 
  • Experience in preparing and delivery of high-quality project documents, particularly for UNDP projects; 
  • Proven track record in the role of Legal Expert in three previous similar projects; 
  • Proven communication and advocacy skills, and ability to work in an environment requiring liaison and collaboration with multiple actors including government representatives and other stakeholders; 
  • Ability to work as a team player in a complex working environment. 

Languages Requirements:

  • Excellent writing, editing and oral communication skill in Bosnian/Croatian/Serbian and English languages. 

Other Requirements:

  • Demonstrated understanding of UNDP rationale and procedures, and demonstrated experience in formulation of UNDP project proposals, using the logical framework and the results-based management approaches; 

Longlisting/Shortlisting Criteria

Qualifications as stated in the ToR

Criteria:

Points

Relevant Education

max 20 points10 points allocated for BA/BSc degree+ 10 points for MSc/MA 

Relevant professional experience

max 60 points 

Knowledge of English

max 10 points – based on submitted methodology, will be assessed as:10 points for fluency and the points decrease as per the level mentioned in the CV:good - 9 points;fair/upper intermediate – 8 points;intermediate - 7 points;beginner - 6 point.  

Technical Evaluation Criteria

Criteria:

Points

Rating based on Qualifications

30%

Rating based on submitted methodology

20%

Experience in preparing and delivery of high-quality project documents, particularly for UNDP projects

20%

Proven track record in the role of Legal Expert in three previous similar projects

15%

Proven communication and advocacy skills, and ability to work in an environment requiring liaison and collaboration with multiple actors including government representatives and other stakeholders

15%

Evaluation

Individual  will be evaluated based on the following methodology:

Cumulative analysis

When using this weighted scoring method, the award of the contract should be made to the candidate whose offer has been evaluated and determined as:a) responsive/compliant/acceptable, andb) 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%

Interested candidated must submit the following documents/information to demonstrate their qualifications:

  • Explaining why they are the most suitable for the work 
  • Provide a brief methodology on how they will approach and conduct the work. The methodology should present the Consultants approach, proposed detailed methods and scope and explain the data collection tool/s to be used.

Please scan all above mentioned documents and upload as one attachment only online through this website.

Note:

  • For an assignment requiring travel, consultants of 65 years or more require full medical examination and statement of fitness to work to engage in the consultancy.
  • Due to large number of potential applicants, only competitively selected candidates will be contacted for remaining steps of the service procurement process.
We do our best to provide you the most accurate info, but closing dates may be wrong on our site. Please check on the recruiting organization's page for the exact info. Candidates are responsible for complying with deadlines and are encouraged to submit applications well ahead.
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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