INDIVIDUAL CONSULTANT FOR THE WITNESS PROTECTION PROGRAMMING, Jobs and careers in Kampala, Uganda

Position title: INDIVIDUAL CONSULTANT FOR THE WITNESS PROTECTION PROGRAMMING
Organization: UNDP - United Nations Development Programme

THE INDIVIDUAL CONSULTANT FOR THE WITNESS PROTECTION PROGRAMMING - (OPEN TO UGANDAN NATIONALS ONLY)


Location : Kampala, UGANDA
Type of Contract : Individual Contract
Post Level : National Consultant
Languages Required : English
Starting Date : (date when the selected candidate is expected to start) 04-Nov-2013
Duration of Initial Contract : 60 working days
Expected Duration of Assignment : 60 working days

Brief Job Background
Witness protection has been recognized as key to achieving successful investigations and prosecutions of offenders of all forms of serious and organized crimes as well as facilitating accountability for human rights violations. Currently in Uganda there is no enacted law that provides the legal framework for the protection of witnesses that are called upon to testify in court or tribunals. In practice, the concept of witness protection in Uganda is relatively new with mostly ad hoc measures put in place by police and judges to respond to the protection needs of witnesses during investigation and trial phases. In 2010, the Uganda Law Reform Commission undertook a study on witness protection in order to identify the need for a policy and legislative framework for protection of witnesses in Uganda. The study culminated into a draft bill that seeks to provide; a framework for the establishment of a National Witness Protection Programme; measures for the protection and safety of witnesses so as to facilitate witnesses to testify and give evidence in criminal proceedings.

Bearing in mind the magnitude and resources required to effectively implement witness protection legislation and establishing protection programmes in particular, Uganda Law Reform Commission in partnership with the UN Office of the High Commissioner for Human Rights, seeks to engage a national consultant, who will work with an international specialist on witness protection, to conduct capacity analysis of existing services and structures for witness protection within the Justice Sector in Uganda with a view to identify the resource needs and recommend an action plan for establishing a permanent independent structure for witness protection in Uganda. It is envisaged that such a systematic review of the existing structures will complement the ongoing process of developing a draft bill through recommending appropriate provisions thereby supporting the enhancement of mechanisms to facilitate, in a holistic manner, witnesses? interaction with the criminal justice system. This activity is part of the ongoing work on witness protection under the UN Joint Programme on Gender Equality in Uganda, aimed at improving access to legal, health and psychosocial services of SGBV survivors.

Specific objectives of this project are;
    Facilitate the incorporation of appropriate witness protection provisions in legislation tailored to the national legal and justice system; and that are consistent with international human rights standards and good practices;
    Review the established structures and practices available for providing protection and support to victims and witnesses during the investigation and trial phase to assess their adequacy and evaluate the need to enhance these structures;
    Provide specific guidance for institutionalizing witness protection aspects in particular, make recommendations for designing an appropriate witness protection programme, outlining specific protective and support measures, in line with the proposed legislative framework and international good practices;
    Develop specific and well-targeted guidelines for the different institutions charged with responsibilities for implementing witness protection under the Act;
    Assess relevant institutional requirements for ensuring adequate protective operations and resource implications to inform the enactment of the draft bill and its subsequent implementation. In this respect, the outcome recommendations shall be utilised by the bill sponsors to facilitate the Ministry of Finance in issuing a certificate of financial implications to accompany the bill while being tabled in Parliament in compliance with legislative procedure.

Major Duties and Responsibilities
The Scope of work
The activities to be undertaken are as follows:

Technical assistance to OHCHR and Uganda Law Reform Commission: The consultancy will engage the consultant for 30 days which will involve a field-based mission in Uganda for no less than 20 days within the contractual period during which, he/she shall undertake:

    Capacity Assessment of existing services and structures: This will entail direct interactions with the interlocutors operating in the Justice sector including; the Police, Prisons, Judiciary, Public Prosecutions, Defence lawyers (Uganda Law Society), legal aid service providers, Human Rights Commission and civil society. This will involve holding bilateral meetings and facilitating workshops to engage responsible entities involved in witness/victim support and protection aspects. The capacity assessment will also look specifically at the accessibility of existing structures for women; .
    Research and documentation: The consultant will undertake field research and desktop review of appropriate institutional reports, legislative instruments and administrative guidelines, focusing on particular challenges faced by women in testifying as victims and in cases of SGBV;
    Hold meetings (inception and debriefing) with project owners (OHCHR, JLOS and ULRC) at the start and end stages of the consultancy to share scope of work and establish modalities for cooperation.
    Develop specific Guidelines on witness protection for the relevant institutions charged with functions under the Act;

Technical expertise on reviewing existing frameworks on witness protection. In this regard, the consultancy is aimed to receive expertise of the consultant(s) in the following areas:

    To review the existing draft witness protection bill to provide technical input in line with field observations and outcome recommendations resulting from the consultancy;
    Develop specific Guidelines on witness protection for the relevant institutions charged with functions under the Act;
    Review draft witness protection guidelines aimed to facilitate procedural protections and special measures for victims/witnesses of serious crimes at the International Crimes Division, to ensure complementarity and harmony with the draft bill and international standards and best practices;
    Support advocacy related to the development of witness protection guidelines and capacity assessment through consultations and meetings with the judiciary, Executive and where necessary, Parliamentarians.

Additionally, under the supervision of the Uganda Law Reform Commission/the Justice Law and Order Sector and the OHCHR Office in Uganda and Geneva, the Consultant will:

    Participate in field-based activities, as identified in the work plan, to take place in Uganda starting in November 2013 (specific dates to be confirmed) and submit mission reports;
    Conduct consultative meetings and workshops for respective institutions and where possible, access institutional facilities;
    Undertake research and review documentation;
    Provide study report with concrete recommendations on existing and potential institutional needs and cost allocations in relation to witness protection programming;
    Develop and submit specific guidelines on witness protection for the different mandate institutions in accordance with the Act.

Deliverables
    Inception Report (1 week);
    Draft Report- bilateral meetings and consultative workshops with interlocutors (2 weeks);
    Final Report- Follow-up consultations, review of technical documents and finalization of the report with concrete recommendations (1 week).

Duration of work:
    1 week to undertake preliminary research and discussions with project implementers on scope of work (inception report);
    2 weeks for bilateral meetings and consultative workshops with interlocutors;
    1 week for follow-up consultations, review of technical documents and finalization of the report with concrete recommendations.

The Price Proposal and schedule of Payments
Draft Report- bilateral meetings and consultative workshops with interlocutors and Final Report- Follow-up consultations, review of technical documents and finalization of the report with concrete recommendations (100% payment) by 6 December 2013.

Key Notes:
    The term 'All inclusive' implies that all costs (professional fees, travel costs, living allowances, communications, consumables, etc.) that could possibly be incurred by the Contractor are already factored into the final amounts submitted in the proposal;
    Individuals on IC are not UN staff and are therefore not entitled to DSAs. All living allowances required to perform the demands of the TOR must be incorporated in the financial proposal, whether the fees are expressed as daily fees or lump sum amount. Duty Station: Kampala; no additional reporting requirements

Skills And Competencies

Functional Competencies:
    Good presentation and communication skills;
    Excellent analytical skills;
    Positive, constructive attitude towards work;
    Ability to act professionally;
    Flexibility in engaging with stakeholders;
    Creative and innovative;
    Demonstrates integrity and ethical standards.

The Required Skills and Experience
Education:    Masters degree in Law or related discipline.
Experience:
    A minimum of 10 years of hands-on experience in legal and policy work including directly supporting legislative processes; relevant experience in witness support and protection aspects is an asset;
    Experience at a national level with judicial institutions, investigation bodies and law enforcement agencies dealing directly with victims or witnesses of human rights or criminal abuses is an advantage.
    Have extensive experience in interactions with the interlocutors operating in the Justice sector including; the Police, Prisons, Judiciary, Public Prosecutions, Defence lawyers (Uganda Law Society), legal aid service providers, Human Rights Commission and civil society;
    Demonstrable knowledge in the area of victim and witness protection matters and key concepts, good practices for implementation of witness protection programmes, combined with solid operational experience.

The Language Requirement:
    Fluency in English is required.
Other:
    Availability and willingness to travel and engage in meetings (inception and debriefing) with project owners (OHCHR, JLOS and ULRC) at the start and end stages of the consultancy to share scope of work and establish modalities for cooperation.

Evaluation Criteria
The award of the contract shall be made to the individual consultant whose offer has been evaluated and determined as:

    responsive/compliant/acceptable; and
    Highest Combined Score (based on the 70% technical offer and 30% price weight distribution) where the minimum passing score of technical proposal is 70%. Evaluation Criteria.

Technical Proposal (Maximum 70 points):
    Relevance of education 5 points;
    Language skills 5 points ;
    Experience - 30 points ;
    Interpretation of the assignment, methodology and work-plan 30 points.

Financial Proposal (Maximum 30 points): To be computed as a ratio of the Proposal?s offer to the lowest price among the proposals received by UNDP.

How to Apply:
The consultant is required to submit an electronic application to email justine.naiga-bagonza@undp.org and cc: agnes.kintu@undp.org. The application should include the following documents/information to be sent in one (1) single PDF document:

    Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP (see Annex II);
    Updated Personal CV highlighting past experience in similar assignments and with 3 professional references with contact details (email and telephone);
    Technical Proposal: suggested outline for technical proposal(Please prepare and submit for consideration);

The offerors interpretation of the assignment;

Approach and methodology for undertaking the assignment;

Work-plan.

    Financial proposal (in template provided in Annex II) stating an all-inclusive fixed lumpsum fee for this assignment in USD, supported by a breakdown of costs. Such total lump sum price must include professional fee, and costs necessary to conduct the assignment such as communication costs, etc. The consultant will be paid against the completion of specific, measurable deliverables as indentified in this TOR.

Annexes:

    Annex I: Individual Contractor General Terms and Conditions;
    Annex II: IC Template to Confirmation of Interest and Availability and Submit the Financial Proposal (Please fill this and submit for consideration).

The deadline to submit the application by email is October 30 2013.

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.

Application Closing Date: Wednesday, 30 October 2013
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