Consultant – Baseline Report: Monitoring and Evaluation of Early Access to Justice

UNDP is the UN’s global development organization that supports countries around the world in their efforts to successfully address diverse development challenges, framed around three broad settings which require different forms of support: eradicating poverty in all its forms and dimensions; accelerating structural transformations for sustainable development; and building resilience to crises and shocks. In Fiji, UNDP is supporting the government and national partners in finding innovative solutions to these challenges. 

Strengthening access to justice, rule of law and promoting human rights are cornerstones of UNDP’s work to achieve sustainable human development and eradicate extreme poverty. The UNDP Pacific Office in Fiji is implementing projects as part of an overall programme in these areas including the Fiji Access to Justice Project, the Rights, Empowerment and Cohesion for rural and urban Fijians (REACH), and the Fiji Police Force Project.

The project seeks to provide support to the Fiji Police Force to become more effective through strengthening early access to justice processes in criminal proceedings and strengthening the victim-centred approach to investigations. The project is guided by the strategic vision and mission of the Fiji Police Force and the Fiji Five-Year & Twenty-Year National Development Plan: Transforming Fiji (2017). To achieve the aims of an effective police force, the project will focus on capacity development of police officers and will involve training, procurement of equipment, development of curricula, learning tools and manuals and standard operating procedures. In addition, the project will involve ongoing collaboration with key justice stakeholders and CSOs. 

To address existing and potential concerns regarding the possible culture of impunity among police, it was acknowledged that torture during interrogation has been an issue in Fiji. The 2014 National Report to the Human Rights Council acknowledged allegations of torture and police brutality and advised that internal investigations had been instituted to address such matters, demonstrating that the Fiji Police Force is not immune from investigations into alleged acts of brutality.[1] The Fiji Police Force has taken significant steps with a view to eradicating such concerns, improving early access to justice in criminal proceedings, and improving the treatment of suspects and those in detention.

Justice sector stakeholders including the Fiji Police Force, Judicial Department, the Office of the Director of Public Prosecution, the Legal Aid Commission and the Human Rights and Anti-Discrimination Commission, previously identified two priority criminal justice issues to be addressed to further enshrine rights under the Constitution. These two areas relate to the processes/rights of when a person is first arrested and detained by the police (the First-Hour Procedure) and thereafter the processes/rights during the interview by the police following cautioning (Video-Recorded Interviews). Following the ratification of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) in 2016, further impetus was assigned to address these issues and a desire to improve practices to ensure stronger/reinforce alignment with obligations under UNCAT.

The following areas be targeted to promote a transparent, accountable, and effective criminal justice system:

• Strengthening the early access to justice processes in criminal proceedings across the justice sector to ensure individual rights are upheld, reduction in pre-trial detention and the promotion of transparent and accountable police practices.

• Support to implementation of UNCAT and strengthening the cooperation between all justice stakeholders.

• Strengthening the victim-centred approach to police investigations and within the justice system as a whole, with particular focus on vulnerable victims.

• Strengthen policing institutional frameworks, systems, processes and capacities for effectiveness, reliability, relevancy, transparency and accountability.

• Enhance the overall service delivery in line with international best practices, reach and inclusiveness of the Fiji Police Force.

• Support efforts to localize, implement and report with disaggregated data on SDG 16, particularly related to the targets focused on effective, accountable and transparent institutions, the rule of law and access to justice, and incorporating disaggregated data to identify impact on gender equality, as well as the efforts to implement UNCAT.

   

  To monitor the effectiveness of the project’s and other relevant interventions aimed at strengthening early access to justice in Fiji, key security and justice stakeholders (the Coordination Group) have agreed to develop a Monitoring and Evaluation tool, and use it for data gathering and analysis, which will contribute to Baseline Assessment (2021), subsequent mid-term Assessment (22-23) and a Final Impact Assessment (24) . All Assessments will help to inform policy and to direct the project’s implementation in coming years.

   

  International and national consultant (the national consultancy has a separate TOR) for this assignment will be working under supervision of UNPD Project Manager and Fiji Police Force focal point, and overall guidance of the Coordination Group.

[1] Fiji, National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21; 26th August 2014

Scope of Work

To measure the effectiveness of justice initiatives in relation to early access to justice, investigative techniques, treatment during police detention, and tackling gender-based violence.  The Baseline Assessment is to be based on data collection from the Fiji Police Force and the respective justice agencies and institutions, data, feedback and opinions gathered from clients of the justice service from all regions of Fiji.

Expected Outputs and Deliverables

• The Consultant will work for a period of 6 calendar months. Within 10 working days from the commencement of the assignment, and based on rapid consultation with all justice institutions, the Consultant will submit a detailed work-plan for the consultancy to UNDP and Justice Coordination Group for review and approval.

   

  The following deliverables will be provided by the Consultant:

Institutional Arrangement

The national consultant for this assignment will be working under supervision of UNDP Project Manager and in coordination with Fiji Police Force focal point, and overall guidance of the Coordination Group.

All deliverables are to be received and endorsed by UNDP, with consultation with Fiji Police focal point and the Coordination Group.

When required and agreed in the workplan, UNDP will organize workshops or larger meeting with national stakeholders and cover relevant costs.

As normal modus of operandi, all travels are to be included in the proposed workplan. When agreed with UNDP, such travel costs will be reimbursed by UNDP as per UNDP rule and regulations. In case, ad-hoc travel (not included in the workplan) is required by the national consultant, UNDP will consider funding such trip on case-by-case basis.

Duration of the Work

• Based on the workplan submitted as per stated timeline – 70 days from September to December 2021

Duty Station

• Office (Suva, Fiji) /home based as per work requirements

• Ability to perform analytical and research work, including gender analysis.
• Deliver outputs in a timely manner.
• Excellent interpersonal communication skills, including non-discriminatory communications.
• Sound judgment and maturity to foster a positive work environment free of any kind of discrimination and abusive behavior.
• Ability to work effectively as part of a team.
• Demonstrated strong analytical, coordination and facilitation skills, including bias-free interviewing.
• Strong user of office software packages.

Educational Qualifications:

• University degree (or higher) in sociology, law, political science otherrelated field

Experience

• Relevant professional experience in human rights, rule of law, access to justice, or a related field (at least 5 years)

• Experience in research, with skills in access to justice data collection, HRBA and gender analysis: At least 3 examples of empirical studies on the access to justice and security services for vulnerable and marginalized groups provided, where the candidate was the author or co-author (reference to or copies of previously developed knowledge materials including analytical reports, research papers, case studies materials, etc. to be provided).

• Experience in the design of data collection instruments and tools, including survey questionnaires, questions for in-depth interviews and/or scenarios for focus group discussions, etc.: At least 3 examples provided.

Language requirements

• Fluency of English language is 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 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 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.

Evaluation Method and Criteria

Individual consultants will be evaluated based on the following methodology:

Cumulative analysis

The award of the contract shall be made to the individual consultant whose offer has been evaluated and determined as a) responsive/compliant/acceptable; and b) having received the highest score out of set of weighted technical criteria (70%). and financial criteria (30%). Financial score shall be computed as a ratio of the proposal being evaluated and the lowest priced proposal received by UNDP for the assignment.

Technical Criteria for Evaluation (Maximum 70 points)

• Educational background – 10 points max [up to 10 pts – PhD degree; 6pts -Master’s degree ; 4 pts – Bachelor’s degree];

• Relevant professional experience – 20 points max [up to 20 pts – more than 15 years of relevant professional experience in the field of Law; up to 17 pts – 8-14 years; 15 pts –7-5 years];

• Experience in the design of data collection instruments and tools, including survey questionnaires, questions for in-depth interviews and/or scenarios for focus group discussions, etc. – 20 points max [6+ highly relevant examples – up to 20 pts; 4-5 highly relevant examples – up to 14pts; 3 highly relevant examples – 10 pts];

• Experience in research, with skills in gender-responsive data collection, HRBA and gender analysis – 20 points max [8+ highly relevant studies – up to 20 pts; 4-7 highly relevant studies – up to 17 pts; 3 highly relevant studies – 15 pts];

Only candidates obtaining a minimum of 49 points (70% of the total technical points) would be considered for the Financial Evaluation.

Documentation required

Interested individual consultants must submit the following documents/information to demonstrate their qualifications. Please group them into one (1) single PDF document as the application only allows to upload maximum one document:

• Letter of Confirmation of Interest and Availability using the template provided in Annex II.

• Personal CV, 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.

• Financial proposal in Fijian Dollars (FJD), as per template provided in Annex II

Note: Successful individual will be required to provide proof of medical insurance coverage before commencement of contract for the duration of the assignment.

Incomplete, joint proposals and proposals sent to the wrong mailing address will not be accepted and only candidates for whom there is further interest will be contacted.

Individuals interested in this consultancy should apply and will be reviewed based on their own individual capacity. The successful individual may sign an Individual Contract with UNDP or request his/her employer to sign a Reimbursable Loan Agreement (RLA) on their behalf by indicating this in the Offerors letter to Confirming Interest and Availability using Annex II.

Annexes

• Annex I – Individual IC General Terms and Conditions

• Annex II – Offeror’s Letter to UNDP Confirming Interest and Availability for the Individual IC, including Financial Proposal Template

All required templates are available on the UNDP Procurement website: www.pacific.undp.org.

Proposal Submission

• All applications must be clearly marked with the title of the consultancy (Consultant – Baseline Report: Monitoring and Evaluation of Early Access to Justice) with reference (PN/FJI/073/21)and submitted via UN Job shop by 31 August 2021.

• Note: UNDP Jobs only supports single document upload hence ensure that the proposal is consolidated and submitted as one single document.

• For further information concerning this Terms of Reference, please contact UNDP Pacific Office by email: [email protected].  

Women applicants are encouraged to apply