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Qu24/02903:A2J/ National Consultant for integration of state mediation with legal aid.

Vacancy Number: Qu24/02903

Location:	Chisinau, Moldova
Application Deadline:	26 Mar 2024, 16:30 (GMT+2:00)
Application Extended deadline:	02 Apr 2024, 16:30 (GMT+2:00)
Application Extended deadline:	02 Apr 2024, 16:30 (GMT+2:00)
Application Extended deadline:	09 Apr 2024, 16:30 (GMT+2:00)
Application Extended deadline:	12 Apr 2024, 16:30 (GMT+2:00)
Type of Contract:	Individual Contract
Starting date:	01 Apr 2024
Reference to the project:	Enhancing Access to Justice for Living in Dignity
Expected Duration of Assignment:	45 working days
Submission Instructions: Should you be interested and decide to submit an offer for this assignment, kindly submit directly in the online supplier portal no later than the deadline indicated in the system. Offers must be submitted directly in the system following this link: http://supplier.quantum.partneragencies.org using the profile you may have in the portal.  Follow the instructions in the user guide to search for the competition using search filters, namely Negotiation ID: UNDP-MDA-00425 and subscribe to the competition in order to get notifications in case of amendments of the competition document and requirements. In case you have never registered before, follow this link to register a profile: https://estm.fa.em2.oraclecloud.com/fscmUI/faces/PrcPosRegisterSupplier?prcBuId=300000127714247 based on the instructions in guides available in UNDP website: https://www.undp.org/procurement/business/resources-for-bidders. Please note that the access link to the Supplier registered profile is sent from Oracle within up to 3 days. In case you have not received the access link after 3 days since registration, you should address for support to UNDP at the email address: sc.md@undp.org. In case you encounter errors with registration (e.g. system states Supplier already is registered), you should address for support to UNDP at the email address: sc.md@undp.org.
Supporting Documents: Solicitation Documents 02903

Ms. Veronica Cangea-Cibotaru.

Background

The UNDP project “Enhancing access to justice for living in dignity” (A2J4Dignity) is a short-term project designed to enhance the resilience of the rule of law system from the Republic of Moldova and strengthen its capacities to deliver effective remedies and provide access to public services. It is intended to address the multifaceted and interconnected challenges of the current poly crises through strengthening institutions, empowering vulnerable groups to access legal services and unlocking the potential of digital transformation in support of better access to justice.

This project aims at providing rule of law institutions and other relevant actors (such as CSOs) with the adequate tools and knowledge to work across the humanitarian-development-peace nexus and to improve access of refugees, displaced populations and host communities to inclusive justice services, safety and security, and protection systems. At the same time, this intervention will seek to empower justice seekers to claim their rights and access legal services while seeking remedies for their grievances.

Although important efforts have been deployed at national level during the last years to advance the efficiency, transparency, fairness and accessibility of the justice sector, improvement is further required to ensure coherent coordination among law enforcement, security, and justice institutions for effective administration of justice, so that men and women, particularly from marginalized or minority groups, are able to claim their rights and access justice effectively.

The Ministry of Justice of the Republic of Moldova is responsible for formulating state policy on state-guaranteed legal aid; drafts regulations in the field of state-guaranteed legal aid; monitors the process of implementation of norms in the field of state-guaranteed legal aid and the process of evaluating the quality of such aid; develops and submits to the Ministry of Finance a draft budget for the provision of state-guaranteed legal aid; and performs other functions defined by the Law on State Guaranteed Legal Aid.

The National Legal Aid Council, further on referred to as NLAC, and its Territorial Offices are the main bodies administering the legal aid system in Moldova. Members of the NLAC are appointed by the MoJ, the Ministry of Finance, the Bar Association, and the Supreme Council of Magistrates.

NLAC’s activity is regulated by the Regulation on National Legal Aid Council, approved by the Minister of Justice order No. 18 of 24 January 2008. The NLAC performs a wide list of functions provided for in Article 12 of the Law on State Guaranteed Legal Aid. For instance, it manages the process of providing state-guaranteed legal aid; assesses the cost and plans the costs of providing state-guaranteed legal aid and submits proposals to the MoJ for inclusion in the state budget; develops a methodology for calculating income and determines the level of income eligible for qualified legal aid and submits them to the Government for approval; approves the forms of documents for receiving and providing legal assistance guaranteed by the state, etc.

Following the objectives set out in the 2024 Government Action Plan and Action Plan for implementing the 2022-2025 Justice Sector Strategy and considering the need to adjust the existing mechanism of state-guaranteed mediation so that it ensures efficient access of socially vulnerable population to mediation services guaranteed by the state, the national authorities initiated the process of incorporation of the state-guaranteed mediation services within the legal aid system.

In this context, a package of legislative amendmentslaunched by the Ministry of Justice to revise the organization and functioning of the state-guaranteed mediation mechanism, was adopted in late December 2023. In line with these amendments, the management of the state-guaranteed mediation mechanism will be assigned within the scope of work of the NLAC.

The above-mentioned legal amendments will enter into force 6 months after the date of publication in the Official Monitor and subsequently NLAC will have a transitory period to ensure that the necessary normative framework is developed and approved.

In this context, the A2J4Dignity Project is seeking to hire a National Consultant to support the NLAC in the process of development and alignment of the internal regulations/standard operating procedures to operationalise and regulate the state-guaranteed mediation as part of the legal aid system.

Scope of work

Through this assignment the National Consultant is expected to provide expert support to the NLAC to develop the package of regulations, procedures, templates of documents required to regulate and organize the integration of state-guaranteed mediation with the legal aid system and to operationalize the new approach in management and delivery of state-guaranteed mediation. 

In order to achieve the stated objective, the National Consultant will have the following responsibilities:

1. Prepare the detailed Work Plan and Inception Report to be applied for the respective assignment;
2. Carry out a desk review of the national legislation, NLAC regulatory framework, previous assessments, and other documents relevant for the scope of the assignment to identify regulatory gaps and opportunities for the operationalization of state-guaranteed mediation as part of the legal aid system. The consultant is also expected to analyse relevant studies, research, reports, EU/international best practices related to incorporation of state-guaranteed mediation services with legal aid systems in order to identify the suitable models, practical solutions to the associated challenges and risks and ensure transposition of lessons learnt and experiences in the process of developing legislative initiatives and/or amendments;
3. Develop a matrix containing findings and specific recommendations for adjusting and/or completing the primary and secondary normative framework related to incorporation of state-guaranteed mediation by the legal aid system;
4. Develop the draft Regulation on granting state-guaranteed mediation, which will cover, but not limit to the selection of mediators; contracting of mediators; mediators' relations with the territorial Offices of the NLAC; processing the requests and granting state-guaranteed mediation; reporting and remuneration of mediators' activity; quality assurance and accountability of mediators, etc;
5. Draft the package/set of amendments to the NLAC regulatory framework to regulate and operationalize the incorporation of state-guaranteed mediation within the legal aid system. The consultant shall also develop the supporting documents for tabling the amendments. The supporting documents will be substantiated by the findings of the matrix carried out at point 3 of the current section. The consultant shall consider and mainstream the gender perspective and Human Rights Based Approach throughout the proposed amendments;
6. Develop the set of documents (draft templates of requests, decisions, contracts, etc.) necessary for the operationalisation of the mechanism for soliciting and granting state-guaranteed mediation;
7. Conduct participatory consultations* to collect feedback and validate the proposed new regulations and amendments to the current regulatory framework by means of workshops and/or individual discussions with NLAC, Ministry of Justice, Mediation Council and other relevant state institutions. The consultant shall use the feedback received through the consultations to review the draft proposals for amendment and produce the final version of the package of amendments. For the purpose of the current assignment, it is expected that up to 5 consultation sessions will be carried out.

Requirements for experience

Academic Qualifications:

• Master’s Degree (or 5 years university degree) in Law, Public Administration or another relevant field.

Work experience:

• At least 5 years of experience in legal consulting, developing normative framework and/or public policies;
• Previous proven experience (at least 2 proven previous assignments) in conducting legal analysis, research and assessment and/or drafting regulatory framework/proposals for amendment of normative framework in the justice and rule of law areas will be an asset;
• Experience in conducting legal analysis, research and assessment and/or drafting regulatory framework/proposals for amendment of normative framework;
• Previous experience in working with the National Legal Aid Council is an asset;
• Previous working experience with international organizations, including UN Agencies, or any other development partner will be an asset.

Competencies:

• Excellent knowledge and understanding of the national legislation and set-up and functioning of the legal aid/justice system;
• Excellent understanding of the procedures within the legal aid system; 
• Ability to analyse, plan and communicate effectively orally and in writing;
• Demonstrated interpersonal and diplomatic skills, as well as the ability to communicate effectively with stakeholders at all levels and to present ideas clearly and effectively;
• Fluency in Romanian and Russian. Knowledge of English will be an asset.
• Proven commitment to the core values of the United Nations, in particular, respecting differences of culture, gender, religion, ethnicity, nationality, language, age, HIV status, disability, and sexual orientation, or other status. Please mention in CV if you belong to the group(s) under-represented in the UN Moldova and/or the area of assignment.

UNDP Moldova is committed to workforce diversity. Women, persons with disabilities, Roma and other ethnic or religious minorities, persons living with HIV, as well as refugees and other non-citizens legally entitled to work in the Republic of Moldova, are particularly encouraged to apply.

Documents to be included

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

• Offeror’s letter to UNDP confirming interest and availability for the individual contractor (IC) assignment, incorporating Financial proposal in Annex 2

Upload the signed version of the filled in Offeror’s letter to UNDP confirming interest and availability for the individual contractor (IC) assignment. Annex 2 to the Offeror's letter, incorporating the Financial Proposal, shall be filled in mandatorily and includes the detailed breakdown of costs supporting the all-inclusive financial proposal.

The Financial Proposal shall be additionally submitted directly in the system. Please ensure there are no mathematical errors and that amounts from Offeror's Letter to UNDP Confirming Interest and Availability match with your offer in the system.

• Proposal (Motivation Letter) explaining why they are the most suitable for the work including previous experience in similar Projects (please provide brief information on each of the above qualifications, item by item, including information, links/copies of documents to support the required work experience and competences);
• Technical proposal (incl. brief description of experience, approach, and methodology for the completion of the assignment);
• Duly completed and updated personal CV with at least 3 references.

Important notice: The applicants who have the statute of Government Official / Public Servant prior to appointment will be asked to submit the following documentation:

• a no-objection letter in respect of the applicant received from the Government, and;
• the applicant is certified in writing by the Government to be on official leave without pay for the entire duration of the Individual Contract.

Financial proposal

Payment will be disbursed in several instalments upon submission and approval of deliverables and certification by the Project Manager that the services have been satisfactorily performed.

Financial proposal:

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e., whether payments fall in instalments or upon completion of the entire contract). Payments are based upon output, i.e., upon delivery of the services specified in the TOR. In order to assist the requesting unit in the comparison of financial proposals the financial proposal shall include a breakdown of this lump sum amount (including fee, taxes, communication costs and number of anticipated working days).