National Consultancy for Policy and Legal Reform under the Peace Building Project in Darfur, Rule of Law and Justice Reform Portfolio

Much of Darfur today remains a post-conflict setting, characterized by fragile and under resourced public institutions, challenged by criminality as well as sexual and gender-based violence/conflict-related sexual violence (SGBV-CRSV), a protracted humanitarian crisis and lack of development. Armed conflict still prevails in some parts of the Jebel Marra area of Central and South Darfur, with intermittent clashes between the Sudanese Armed Forces (SAF) and the increasingly radicalized Sudan Liberation Army- Abdul Wahid (SLA-AW), including the fall out of other SLA-factions (Alfouka, Hassabo and Aldouk factions). In addition, inter-communal conflict is still rife throughout most parts of Darfur. These conflicts are inextricably linked with tensions between host communities, IDPs, including women, and sedentary-farming and nomadic-pastoral communities over access to, use and management of resources, especially land and water. These tensions occasionally lead to localized armed violence, including violent attacks on women and girls being exposed to SGBV.

In addition, the government has been unable to provide the required security and services expected by the people.  This has resulted in decreased level of trust in government among the people, especially IDPs and returnees.  The absence or weak institutions are not only limited to rule of law, such as police and courts, but also include other public institutions that are responsible for provision of basic services such as education, health, water and sanitation. Because of this, the crucial grievances at the origin of the conflict, including access to land and resources, remain largely unaddressed and are root causes of inter-communal violence and conflict in Darfur. While modest improvements have been made in the rule of law area, the presence of legitimate and accountable rule of law institutions is limited in conflict-affected or prone areas, and the justice system struggles to assert its independence, particularly in the investigation and prosecution of conflict-related crimes, with prisons both insecure and overcrowded. The security vacuum coupled with the low numbers of police and other rule of law institutions and rampant impunity has created an environment for armed groups, tribal militias and other groups to consolidate influence through criminal activity. The overall erosion of the rule of law in Darfur during the Bashir regime had already decreased overtime eroding public confidence and trust in the justice system as a critical tool for stabilization and protection. It was in this context, that the Peacebuilding Fund was identified a crucial enabler for transition and to promote stabilization and peace consolidation in Darfur with proposed interventions aiming to tackle the causes of violence by addressing conflict drivers. The 5 PBF projects in Darfur, will continue to further strengthen Sudanese rule of law institutions and create the conditions necessary for a functioning administration capable of ensuring public safety services, access to and delivery of justice, access to land and other natural resources and respect for and protection of fundamental rights.

Outcome 2: Good governance is instituted at locality level and confidence of people built: freedom of movement and physical security is taken for granted by men and women and the rule of law is perceived to be applied without fear or favour; quality basic services are accessible to all, and all feel a stakeholder to their provision

Output 2.1: Governance system reinforced at the local level

Objectives of the assignment:

• Develop a detailed plan to strengthen capacities of legal administration, local governance forums and other traditional authorities on policy, rule of law and accountability and engagement with the formal local governance structures; Conduct expectation surveys for voice, rule of law mapping / capacity assessments and accountability systems including identification of gaps in gender sensitivity and needs of farmers, nomads, IDPs and refugees
• Review legal frameworks / regulatory systems to highlight / make appropriate recommendations for institutional reforms and policy guidelines on linkages / effective engagement of traditional authorities and local governance forums in the formal local governance structures with direct impact on peace building;
• Support legal administration, local governance forums and other traditional authorities at the localities organize civic education on the role of traditional authorities (rural court judges and native administration) in preserving the rule of law, human rights, and peace and stability
• Develop a tracking system for monitoring performance (and lessons) of the local governance forums, and effectiveness of the policy guidelines for engaging traditional authorities in the local governance structures for legal administration and local governance forums.
• Undertake a stakeholders’ validation meeting to validate survey and capacity assessment findings and an End of Assignment Report, noting overall achievements of the assignment since inception, constraints beyond the immediate control of the project and sustainability measures adopted by the government and other partners to continue with project outputs

This outcome encompasses interventions at the institutional level. Working with different duty bearers including, local governance forums, the police, prosecution, courts, corrections, and native administration; the programme will provide targeted support to key governance and justice institutions, enhancing their capacity to provide security and justice while at the same time protecting human rights and accountability.

As a way of upfronting strategic initiatives, UNDP has prioritized provision of technical assistance to promote institutional reforms (legal / regulatory) to support Ministry of Justice (MoJ), Ministry of Local Government to develop / review policy guidelines and any other relevant regulations / laws for effective engagement of traditional authorities in the formal local governance structures in the five states of Darfur where the PBF project is being implemented (Tawilla locality in North Darfur; Assalaya-Sheiria-Yassin localities in East Darfur; Jebel moon locality in West Darfur; Greida locality in South Darfur and Umm Dhukun, Nertiti localities in Central Darfur); and their relationship with MoJ and review of the legal framework for the local governance forums. In addition, the lack of appreciation of the critical role of traditional authorities like rural court judges, native administration, etc. in preserving the rule of law, human rights, peace and stability; and inadequate capacity of local governance forums for policy advocacy and formulation of capacity development plans including monitoring mechanisms remain critical but weak at the locality level.

With support of UNDP, the Consultant will undertake the following:

Desk review and operational framework

The consultant will in close co-ordination with UNDP, MoJ and MoLG undertake a review: a) to deliver an initial report detailing a plan to operationalise support to legal administration, local governance forums and other traditional authorities in respect of surveys on public / citizen expectations for voice, rule of law and accountability systems assessment of capacities and gaps for institutional capacity building and existing M&E systems; and b) institutional mandates and regulatory systems for reforms to review or develop policy guidelines on linkages / engagement  between government institutions and traditional authorities in formal local governance structures.

Engagement of counterparts and communities and participation in assessments

The consultant will, in close co-ordination with UNDP, consult with, amongst stakeholders, Government of Sudan justice sector institutions, non-state actors (to the extent they are relevant/ applicable/ feasible) at both state and locality level authorities for their input into the draft policy guidelines; perception and mapping / institutional capacity assessment tools and the selection of samples for implementation.

The consultant will then participate in the UNDP – led mission (s) to engage the authorities and communities of the selected target areas at state, locality and village level, to conduct a survey on public satisfaction of security / justice services and assess capacities of institutions, governance forums and traditional authorities in formal local governance structures with the purpose of a) assessing public perceptions, b) input / validation and adoption of policy guidelines; c) identifying capacity gaps successfully evaluated through validation exercises and d) conducting capacity building programme for skills training and knowledge development among different cadres to build core capacities at local government.

Based on the survey, mapping / capacity assessments and capacity building programme, the consultant will deliver policy guidelines, reports for each of the activities. This includes results of public expectations surveys, institutional capacity assessments / gaps, validation exercises, training reports and appropriate recommendations proposed.

Support to monitoring systems / implementation and final reporting

The consultant will provide technical support and expertise to MoJ and MoLG in preparing a tracking system for monitoring performance (and lessons) of the local governance forums, and effectiveness of the policy guidelines for engaging traditional authorities in the local governance structures.

She or he will prepare an end of Assignment Report, noting overall achievements of the assignment since inception, constraints beyond the immediate control of the project and sustainability measures adopted by the government and other partners to continue with project outputs.

Institutional Arrangements

• The consultant will work under direct supervision of the UNDP PBF Project Manager
• The consultant is expected to report to the UNDP Project Manager on the progress of activities weekly. Up on completion of the assignment, he/she should submit final report detailing the activities, achievements, challenges and recommendations for future similar initiatives, among others;
• In his/her day-to-day activity, the consultant is expected to liaise with the Programme Officer in Khartoum and other project staff in Darfur;
• During this consultancy, the UNDP Darfur will be responsible for:
• Provision of any necessary background information on UNDP project activities in Darfur region;
• The payment of the consultancy fee; and
• Provision of office facilities.

 Duration of Work

It is anticipated that this consultancy will take a total of 3 months (1 November 2021 to 31st January 2022). The consultant is expected to start immediately after signing of the contract.

 Duty Station

This assignment will be based in El Daein with frequent travels as required to Nyala, El Geneina, Zalingei and El Fasher.

Selection criteria and basis of evaluation

Submissions will be evaluated based on the cumulative analysis of the technical evaluation (weight: 70%) and financial criteria (weight: 30%). Only candidates obtaining a minimum of 70 points from the technical evaluation would be considered for the financial evaluation.

• A Master’s degree in Law, Governance, Human Rights and/ or Development Studies with extensive experience in rule of law reform consultancies, capacity building initiatives and supporting implementation of projects
• At least of minimum of 8 years’ experience in governance and rule of law sector, particularly in supporting implementation of projects, capacity building of rule of law institutions and development programming;
• Extensive experience in Excellent knowledge of current political affairs in Darfur and at large Sudan; experience of working with government authorities, rule of law and justice sector institutions, IDP populations, grass-roots communities and civil society;
• Prior experience with UNDP, and knowledge of its procedures and processes will be a distinct advantage; action-oriented research/reviews including rapid assessments to distill pertinent issues for intervention to strengthen capacities of the institutions / organisations personnel.
• Experience in facilitating interactive capacity building workshops for a diverse audience to achieve high quality outcomes; ability to translate challenges faced in a complex environment into strategic planning and implementation and sustainable recovery

Scope of price proposal and schedule of payments

• The consultancy fee should be determined on a lump sum basis, prorated to each month. The lump sum amount must be all-inclusive, and the contract price must be fixed regardless of changes in the cost components. Payments will be made upon submission of monthly reports and as specified in the deliverables.
• All travel costs outside the duty station, including air tickets and Daily Subsistence Allowance, will be paid separately by UNDP project based on the actual mission/s undertaken and in line with UNDP policies and procedures.

Deliverable 1:  30%   

• A detailed plan to support operationalization of the startup of support to legal administration and local governance forums including institutional capacity assessments, capacity building, and assistance in M&E tools for implementation of policy guidelines for effective engagement in the formal local governance structures in the five states of Darfur where the PBF project is being implemented.
• Conduct expectation surveys including validation workshops for voice, rule of law and accountability systems including gaps in respect of gender sensitivity and needs of farmers, nomads, IDPs and refugees.

Deliverable 2.  40%

• Review/develop policy guidelines and any other relevant laws for effective engagement of traditional authorities in the formal local governance structures; and their relationship with Ministry of Justice and review of the legal framework for the local governance forums
• Support local authorities to assess institutional capacities / gaps including validation exercises and organize civic education on the role of traditional authorities (rural court judges and native administration) in preserving the rule of law, human rights, and peace and stability

Deliverable 3:  30%

• Development of a tracking system for monitoring performance (and lessons) of the local governance forums, and effectiveness of the policy guidelines for engaging traditional authorities in the local governance structures.
• Stakeholders’ Validation Meeting and an End of Assignment Report, noting overall achievements of the assignment since inception, constraints beyond the immediate control of the project and sustainability measures adopted by the government and other partners to continue with project outputs.

To Review the TOR and Offerors Letter please go through the below link:

http://196.202.143.140/DPAcclab/JAdv/policylegal/

Language and other skills:

• Ability to translate challenges faced in a complex environment into strategic planning and implementation and sustainable recovery;
• Excellent command of written and spoken English and Arabic;
• Demonstrated initiative and perseverance; self-starter, highly motivated and comfortable in a multi-cultural team setting; Personal sensitivity and commitment to the values of the United Nations;

Education Requirement:

• A Master’s degree in Law, Governance, Human Rights and Development Studies;
• Relevant experience of minimum 8 years in governance and rule of law sector, particularly in supporting implementation of projects, capacity building of rule of law institutions and development programming;

Experience:

• Excellent knowledge of current political affairs in Darfur and at large Sudan;
• Experience of working with government authorities, rule of law and justice sector institutions, IDP populations, grass-roots communities and civil society;

Prior experience with UNDP, and knowledge of its procedures and processes will be a distinct advantage;

Results driven, ability to work under pressure and to meet strict deadlines;

The following should be included in the offer:

• Letter of Confirmation of Interest and Availability using the template provided by UNDP.
• Personal CV or P11, indicating all experience from similar projects, as well as the contact details (email and telephone number) of the candidate and at least three professional references.
• Brief description of why the candidate considers him/herself as the most suitable for the assignment.

Financial Proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs, as per template provided