Long Term International Consultant for to support the implementation of the Legislative Modernization component of this NISP

Org. Setting and Reporting

This UNODC consultancy will alternate between home-based work and missions to Bissau, Guinea-Bissau. The incumbent will work under the overall guidance of the UNODC Head of Office and the direct supervision of Law Enforcement Advisor.

Background of the assignment:

Transnational organize crime in West Africa, including illicit drug trafficking and consumption, is a complex, growing phenomenon that is threatening the stability and security of the region and, ultimately, undermining the region’s efforts to meet the Sustainable Development Goals. The climate of instability from international drug trafficking in West Africa has created a breeding ground for organized crime to flourish, disrupted local economies with proceeds of crimes and created significant public health problems.

UNODC is a global leader in the fight against illicit drugs and international crime, and is mandated to assist, Member States in their fight against illicit drugs, crime and terrorism. The three pillars of UNODC’s field office work are:

• Field-based technical cooperation to enhance Member States’ capacity to counteract illicit drugs, crime and terrorism;
• Research and analytical work to increase knowledge and understanding of drugs, crime and terrorism issues, and to expand the evidence base for policy and operational decisions;
• Normative work to assist States in the ratification and implementation of relevant international treaties, and the development of domestic legislation on drugs, crime and terrorism.

Cases of illicit drug trafficking and organized crime in West Africa continue unabated. ECOWAS Heads of State and Governments responded to this situation by in 2008 adopting a Political Declaration and a Regional Action Plan with a view to addressing the Growing Problem of Illicit Drug Trafficking, Organized Crime and Drug Abuse.

Between August and November 2019, the Government of Guinea-Bissau developed a National Integrated Strategic Plan (NISP) to Combat Drug Trafficking and Organized Crime, for the 2020-2026 period. That NISP was officially presented by the Minister of Justice in December 2019, and formally adopted by the Council of Ministers in February 2020.

The NISP is articulated around four Strategic Lines, namely:

• Mobilization of political, institutional and civil society decision-makers;
• Leadership and prioritization;
• Integrity and prevention of corruption;
• National coordination.

Four cross-cutting themes run through each of those Strategic Lines:

• Legislative Modernization;
• International Cooperation;
• Institutional Empowerment;
• Analysis and Statistics.

The NISP thus establishes the framework for the pursuit of a clear roadmap for 2020-2026, from which a first three-year action plan has been developed, on the basis of cost-effectiveness criteria and measurable results. It is to be implemented by all Ministries and institutions concerned, under the overall coordination of the Minister of Justice, by the delegation of the Prime Minister.

In the context of a joint UNDP-UNODC-IOM project, entitled “Strengthening the justice and security sector response to drug trafficking and transnational organized crime to reduce insecurity in Guinea-Bissau“, funded by the Peacebuilding Fund (PBF), this consultancy will seek to extend support to the Ministry of Justice for the implementation of the Legislative Modernization component of this NISP.

Purpose of the assignment:

The purpose of this consultancy is to support the implementation of the Legislative Modernization component of this NISP, through the following set of interventions:

• Provide substantive support to UNODC aligned with the PIN and the activities under the PBF project;
• Conduct and participate in workshops, training sessions, and conferences as required, and provide technical guidance in the assigned substantive area including preparing and delivering presentations;
• Support the LE Advisor on keeping abreast with the latest developments linked to DTOC;
• Participate in needs assessment, programming, and other technical missions to evaluate and/or elaborate technical assistance projects, programmes and activities;
• Prepare a variety of studies, reports, background papers, documentation, and other relevant outputs on DTOC in Guinea-Bissau;
• Support and monitor the Guinean Bissau institutions involved in DTOC, especially the MoJ cabinet;
• Ensure timely and efficient reporting and monitoring;
• Perform other work-related duties as required.

The consultant will work alongside with the UNODC team, UNDP, CENTIF, MoJ, MoF, and with the Technical Commission on the NISP, which is composed of representatives from the Ministry of Justice and Human Rights, the Judicial Police, the Anti-drug Inter-ministerial Commission, magistrates, civil society and technical partners.

The consultant can work remotely on the drafting of the work plan but immediately after has to perform the tasks on Guinea Bissau in order to achieve the implementation of the Plan.

Specific tasks to be performed by the consultant:

Within the framework of this assignment, the consultant will be required to deliver the following outputs, grouped in four thematic sets, all drawing from the cross-cutting “legislative modernization” dimension of Guinea-Bissau’s National Integrated Strategic Plan, to be pursued in close conjunction with other UNODC-led and close coordination with UNDP, to ensure overall coherence and impact:

• Initial consultative and planning phase (10 working days home-based, 10 working day in Bissau – 20 working days / 1 month in total);
• Methodology and work plan;
• Desk study; national, sub-regional, and international legal framework;
• Schedule of activities;
• Updating of the national Transnational Organized Crime / Drug Control legal framework (40 working days / 2 months);
• Development of a strategic legislative agenda;
• Mobilization and articulation with sectors involved in DTOC;
• Strengthening of financial investigations through improved compliance of the national AML/FT legal framework with FAFT/GAFI recommendations, and enhanced synergies between the Judicial Police and CENTIF (20 working days / 1 month)
• Development of procedural and cooperation protocols and interagency service level agreements;
• Organization of desk exercises with all departments involved in the DTOC efforts.
• Strengthening of the Anti-Corruption legal framework and its effectiveness/enforceability, through the development of a National Anti-Corruption Strategy, and a review/improvement of judicial oversight mechanisms (40 working days / 2 months);
• Support to the assessment and consultative phases which will precede the National Anti-Corruption Strategy drafting process;
• Legal and institutional assessment of existing judicial oversight mechanisms and facilitation of working sessions designed to (i) generate greater self-awareness about prevailing gaps/hindrances, and (ii) identify possible steps to address them.

Dates and details of deliverables/payments:

Payments will be authorized upon certification that the deliverables for the particular mission have been met by the Head of Office in Guinea Bissau.

Methodology and work plan -Desk study; national, sub-regional, and international legal framework, schedule of activities –

15 April 2021

(Monthly report)

Development of a strategic legislative agenda – Mobilization and articulation with sectors involved in DTOC.

Development of procedural and cooperation protocols and interagency service level agreements – Organization of desk exercises with all departments involved in the DTOC efforts.

Contribution to the assessment and consultative phases which will precede the development of the draft of the Anti-Corruption National Strategy.

Legal and institutional assessment of existing judicial oversight mechanisms and facilitation of working sessions designed to (i) generate greater self-awareness about prevailing gaps/hindrances, and (ii) identify possible steps to address them.

• Capable to develop a legislative strategic agenda;
• Has ability to organize desk review exercise with the department in the DTOC efforts;
• Has expertise in the development of procedural and cooperation protocols and interagency service level agreements;
• Has knowledge of legal institutional assessment of existing judicial oversight mechanisms;
• Has the ability to elaborate the anti-corruption strategy;
• Ability to produce high quality outputs in a timely manner while understanding and anticipating the evolving client needs;
• Ability to focus on impact and results for the client, promoting and demonstrating an ethic of client service;
• Ability to work independently, produce high quality outputs;
• Strong ability to write clearly and convincingly, adapting style and content to different audiences and speak clearly and convincingly;
• Strong presentation skills in meetings with the ability to adapt for different audiences;
• Strong analytical, research and writing skills with demonstrated ability to think strategically;
• Strong capacity to communicate clearly and in a concise manner;
• Strong inter-personal, negotiation and liaison skills;
• Excellent writing, research, analysis and presentation skills.

Qualifications/expertise sought (required educational background, years of relevant work experience, other special skills or knowledge required):

• First-level or advanced -level university degree in international relations, law, political or social sciences, public administration or equivalent (relevant professional experience may substitute for a university degree);
• Work experience in the requested areas, especially in the areas of criminal lawinvestigation or mental health at the national and/or international level is required;
• Work experience on drafting laws and providing technical legislative support is required;
• Work experience with the United Nations or similar international organization is desirable;
• Work experience in West Africa is an advantage;
• Fluency in Portuguese, with proven drafting and communication skills, is required;
• Experience in working in Guinea-Bissau and knowledge on the legal and institutional framework is required;
• Knowledge of French and English is an asset.

Application requirements:

Applicants will be screened against qualifications and competencies specified below through a desk review or an interview process. Applicants will be evaluated based on: Cumulative analysis based on a combination of the Technical and Financial Scores

Technical Evaluation Criteria: 70%

Financial Evaluation Criteria: 30%

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

• Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by the UNDP;
• Personal CV and P11 form, duly signed and contact details (email and telephone number) of the candidate and at least three (3) professional references;
• Brief description of why the candidate considers him/herself as the most suitable for the assignment;
• Technical Proposal, proposing a methodology to carry out the assignment in accordance with this ToR;
• Financial Proposal that indicates the all-inclusive fixed total contract price. The term “all-inclusive” means that it has to include international travels, fees, insurance, living allowance, in-town transportation, and other related costs. The Financial Proposal has to be supported by a breakdown of costs, as per the template provided. Preferred Currency of Offer: United States Dollars (US$). If an Offeror is employed by an organization/company/institution, and he/she expects his/her employer to charge a management fee in the process of releasing him/her to UNDP under the Reimbursable Loan Agreement (RLA), the Offeror must indicate such point and ensure that all such costs are duly incorporated in the financial proposal submitted to UNDP.

Incomplete applications will be excluded from further consideration.

Evaluation criteria:

• First-level or advanced -level university degree in international relations, law, political or social sciences, public administration or equivalent (relevant professional experience may substitute for university degree) – 15pts;
• Work experience in the requested areas, especially in the areas of criminal lawinvestigation or mental health at the national and/or international level is required – 30pts;
• Work experience on drafting laws and providing technical legislative support is required – 15pts;
• Work experience with the United Nations or similar international organisation is desirable; – 15pts;
• Work experience in West Africa is an advantage – 10pts;
• Fluency in Portuguese, with proven drafting and communication skills, is required -5pts;
• Experience in working in Guinea-Bissau and knowledge on the legal and institutional framework is required – 10pts.