Expert on Capacity Development in the area of Access to Public Information – up to 2 persons

Background

Human Rights for Ukraine (HR4U) Project (2019 – 2023) funded by the Danish Ministry of Foreign Affairs and implemented by UNDP Ukraine is a nation-scale 5-year initiative. The project is an integral part of UNDP’s democratic governance and reform portfolio that strengthens accountable and responsive public institutions and trust in state-society relations, respect of the rule of law and human rights. The Project’s overall goal is to promote human rights through strengthening capacities of the national actors and effectively integrate human rights-based approach (HRBA) into the national and local policies all over Ukraine.

HR4U’s efforts are focused on enhancing capacities of the Ombudsperson’s Office (OO) to fulfil its mandate in the area of access to information. Access to information is crucial for democratic governance and sustainable development. Moreover, access to information held by the public authorities is essential for transparency, government accountability, and participatory decision-making.

Since 2015, UNDP has actively supported monitoring surveys on how the right to access to information is being ensured in Ukraine.  These monitoring activities in the field of access to public information helped to raise awareness among national and local authorities about the requirements to provide access to information, including in times of emergency.

Also, protection of the right to information is critical during the war setting to ensure transparency and accountability of authorities, and to provide citizens with the information of high social relevance during the war. According to human rights defenders, there is a lack of balance between security issues and the right to access public information. In addition, urgent information (about air raid sirens, evacuation, etc.) for persons with impaired hearing, vision, movement, cognitive impairments, and impairments of intellectual development at all its stages remains unavailable.

In this regard, one of the Ombudsperson’s Office priorities is to conduct the monitoring of access to public information and strengthen the capacity of authorities to ensure the observance of the right to information  in war setting.

Duties and Responsibilities

2. DESCRIPTION OF RESPONSIBILITIES / SCOPE OF WORK

The main tasks of the assignment are to provide expert support to the Ombudsperson’s Office to enhance the implementation of its mandate in the area of access to public information and strengthen the capacity of national and local authorities in this area in close cooperation with the Ombudsperson’s regional network. Also, the Contractors are to provide expert input to assist with the implementation of the human rights recovery plan in the area of informational rights, to create the background for ensuring effective access to information in the conditions of armed aggression against Ukraine.

Throughout the task implementation, the Contractors will carry out the following activities:

• Conduct a needs assessment on access to information (the Contractor N1) and on the obligation of information holders to publish key public information (the Contractor N2).
• Carry out analyses of war related challenges and develop methodology on monitoring the access to public information and the obligation of information holders to publish key public information during the war time.
• Conduct and coordinate the monitoring campaign, gather information, create a report with key findings and recommendations (each Contractor will be responsible for specific regions).
• Strengthen the capacities of the OO and its regional network to develop presentation and training materials. Conduct trainings for OO and information holders, participate in presentation and thematic discussions.
• Provide an expert input into analytical work of the Ombudsperson’s Office, in particular the preparation of the special report of Ukrainian Parliament Commissioner for Human Rights on respect of human rights during the war in the area of the right to information;

 

3. DELIVERABLES

Deliverable #	Task description	Deadline
1	A desk research and assessment of the progress in the implementation of the access to information legislation are conducted. The research should cover the following spheres: Accessibility of information published on official websites (Expert 1) Compliance with legislation regarding providing responses to requests and appeals (Expert 2) Issues related with submission of oral requests and appeals (Expert 2) Recommendations to strengthen the capacities of the Ombudsperson’s Office to implement its mandate on access to public information are provided, presented and discussed with partners.	45 days
2	Methodology on monitoring and the toolkit on access to public information during the war setting are developed. Relevant training for monitors is conducted. Monitoring action plan for monitors is developed, Evaluation forms prepared and disseminated The platform (Google-group) for sharing and exchanging information with regional coordinators/monitors established and maintained for at least 6 months. Support to the monitors provided through clarifications on practical monitoring situations, formulation of requests of access to public information  etc. (Each expert covers half of oblasts)	60 days
3	Data and information collected from regional coordinators of the OO (at least in 16 oblasts). (Each expert covers half of oblasts). Information collected from monitors is verified and analyzed, The analytical report on the monitoring of access to public information developed and provided to the HR4U project and OO. The report should include the following: - analysis of problems related to access to public information during the martial law; - summary of the key findings (assessment of the current situation and lessons learned); - Comprehensive list of recommendations, including Recommendations of amendments to the  legislative and regulatory acts; - Data for visualization of the key findings of the report	90 days
4	Input into development of a guidance for information holders on measures to ensure access to public information during the war is provided. Training package for OO and information holders is developed At least 2 training activities are conducted	30 days
5	Input into preparation of the special report of Ukrainian Parliament Commissioner for Human Rights on respect of human rights during the war on the right to information is provided. At least 2 conclusions on conflict-related issues on access to information prepared at the request of the Ombudsperson's Office.	30 days

 

Considering the environment that the project works in, and on the alternation of programmatic methods of result delivery. The Programme Specialist, Democratic Governance Team Leader shall have the authority to amend the timeframes for the deliverables upon relevant negotiations with the Contractor.

 

4. MONITORING/REPORTING REQUIREMENTS

The satisfactory completion of each of the deliverables shall be subject to the endorsement of the Human Rights Project Coordinator/ Human rights Team Lead. Upon request, the Contractor should able to present written or oral explanations as far as the status of the works under the present assignment is concerned.

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, ethnic, nationality and age sensitivity and adaptability;
• Treats all people fairly without favouritism;
• Fulfills all obligations to gender sensitivity and zero tolerance for sexual harassment.

Required Skills and Experience

6. EXPERIENCE AND QUALIFICATIONS REQUIREMENTS

• At least Master or Specialist in Law, International Law or another relevant social sciences field;
• At least 5 years of experience of the human rights in particular in access to public information, with the civil society organization or any other institution working on the human rights promotion in Ukraine;
• Proven track record of delivering capacity-building, monitoring, and analytical activities on human rights and access to public information as evidenced by at least 2 relevant examples (including training descriptions, sample agendas and indication of the role performed);
• Ukrainian/Russian at native language proficiency, working knowledge of English; fluent English will be an asset.

 

7. DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS

Applicants shall submit the following documents:

Required
	P11/ Personal CV, including information about past experience in similar projects / assignments and contact details for referees and  at least 2 relevant examples of delivering educational or/and analytical activities on mediation;
	Financial proposal
	Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP

UNDP documents templates can be downloaded from the following link:

https://www.dropbox.com/sh/297e72t7i3v2969/AADDRyUo2uoNrYjuD8NLmdl0a?dl=0   

Please combine your CV, financial proposal and other necessary information in one PDF file and upload the document when submitting the application. Incomplete applications will not be considered.

Additional requirements for recommended contractor:

Recommended contractors aged 62 and older shall undergo a full medical examination, including x-ray, and obtain medical clearance from the UN-approved doctor prior to taking up their assignment. The medical examination shall be paid by the consultant.

The Basic Security in the Field II and Advanced Security in the Field courses must be successfully completed prior to commencement of contract

 

8. FINANCIAL PROPOSAL

The financial proposal shall specify the overall cost for completion of the assignment linked to deliverables. The payment shall be arranged upon acceptance of the deliverables based on the forecasted quantity of working days needed for the assignment, quality control and recommendations. UNDP will be the ultimate authority to control the quality of work results and assess the Contractor’s performance during the assignment. The Contractor shall comply with the quality assurance system of UNDP, and provide the necessary information, reports and statistics according to a preliminary determined schedule or as soon as possible (within a reasonable period of time).

In particular, the payment schedule will be as follows:

Deliverable 1	20%
Deliverable 2	20%
Deliverable 3	20%
Deliverable 4	20%
Deliverable 5	20%
Total	100%

 

9. 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 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.

Technical Criteria

• Education – 5 pts max:

• o 5 pts – PhD in Law, International Law or another relevant social sciences field;
• o 3 pts – Master’s / Specialist’s degree in Law, International Law or another relevant social sciences field;

• Experience – 25 pts max:

• 25 pts - 10 and more years of relevant experience in human rights area, in particular in access to public information, with the civil society organization or any other institution working on the human rights promotion in Ukraine;
• 20 pts – from 7 to 10 years of relevant experience;
• 18 pts – at least 5 years of relevant experience;

• Proven track recordof delivering capacity-building, monitoring, and analytical activities on human rights and access to public information as evidenced by at least 2 relevant examples (including training descriptions, sample agendas and indication of the role performed– 35 pts max;

• 35 pts – the writing sample is extremely well structured, the style is concise and to the point, and the text explains complex issues in a structured manner. There are few if any at allgrammatical errors, and the sample demonstrates expert-level awareness of the subject that is being reported/analysed.
• o 30 pts – the writing sample has a structure, the style may be wordy or somewhat unclear, with minor repetitions and may be harder to follow. There are some grammatical errors or misprints, but they do not, in general, spoil the impression of the analytical piece. The sample, otherwise, demonstrates significant awareness of the subject that is being reported/analysed.
• o 25 pts – the writing sample’s text is not very well structured. The style is wordy and repetitive. The narrative is not easy to follow. The text has grammatical and stylistic errors that make it hard to comprehend or that make an otherwise professional in contents text look amateurish and substandard. All these factors lead the readers to doubt the expertise of the author.

• Language skills – 5 pts max

• 5 pts – Native / fluent Ukrainian combined with working-level knowledge of English;
• 3 pts - Native / fluent Ukrainian.

Financial Criteria

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].