ANNEX I: TERMS OF REFERENCE (TOR)

Transcription

1 ANNEX I: TERMS OF REFERENCE (TOR) National Communications Consultant for UNDP Project: Strengthening Transparency and Code of Ethics for Enhanced Public Confidence in Court of Cassation in Turkey 1. Background and Context It is globally recognized that there are strong links between establishing democratic governance, securing human rights and access to justice for all. This recognition has led to the acceleration of justice reforms worldwide as one of the essential prerequisites of sustainable human development. In line with this perspective, for a global organization founded on the principles of peace, freedom, human rights and rule of law, access to justice for all is a vital part of the UNDP s mandate to strengthen democratic governance and reduce poverty. Within the broader context of justice sector reform, UNDP s specific niche lies in supporting justice and related systems so that they work for all, particularly for the disadvantaged. In the context of Turkey, judicial reform is one of the highest priority issues and as a candidate country for the EU accession, in recent years the Government of Turkey has undertaken comprehensive constitutional and legal amendments. Turkey s strong commitment to judicial reforms is expressed in various national policy framework documents and these efforts mostly take the form of comprehensive legal and constitutional arrangements. However, there have been some challenges for its full-fledged formulation and implementation mainly due to the lack of consensus-oriented policy making, limited institutional capacities and public awareness. UNDP Turkey, in view of its global experience and technical expertise, has been associated with the judicial reform process in Turkey through a series of projects on access to justice and strengthening the rule of law. In that respect, a special niche of UNDP in the field of access to justice and strengthening of the rule of law in Turkey is to provide technical assistance for individual and institutional capacity-building based on its global experience and technical expertise in strengthening the rule of law for judicial systems in countries throughout the world. The strong partnership between the UNDP and the Court of Cassation in Turkey started in late 2009 with the aim of improving the institutional and administrative capacity of the high courts in Turkey to conform to international standards. Since then, two comprehensive Programs have been implemented, and the present Project builds on the results achieved from these two projects. Past projects continuously related experiences of different countries high courts to the CoC and have paved the way for the creation of seminal documents in the area of judicial ethics and transparency. For instance, the Report on the Comparative Analysis on the Functioning of High Courts included a review of 25 country experiences on how the high courts functioned as regards quality, education, diversity, judicial powers, transparency and structural safeguards, thereby providing policy options for the restructuring of high courts in Turkey. The First International Summit of the High Courts was then organized on 1-2 November 2010 with the participation of chief justices of 19 countries along with high level representatives of the international judicial community including the Special Rapporteur of

2 the UN Secretary General on the Independence of Judges and Lawyers. The First International Summit resulted in development of guiding principles of reforms, restructuring and improvement of the functioning of the judicial system to aid the judicial reform process in Turkey. The UNDP CoC cooperation in the past years also saw the drafting of a Code of Judicial Conduct for judges, prosecutors and court personnel based on the Bangalore Principles, the dissemination and use of which is one of the pillars to be dealt with in the current project. Significantly, the Second International Summit of High Courts, organized around the theme of judicial transparency in 2013, resulted in development of the Istanbul Principles of Transparency on Judicial Processes. This landmark document was approved by 20 Chief Justices participating in the Summit from around the world and has been referenced by the Special Representative on Independence of Judges and Lawyers. The project addresses its adoption and use not only at the national but also the international level. The Project therefore builds on these three identified areas of need and aims to enhance the level of public knowledge on and confidence in the working of the Court of Cassation through strengthening the measures for transparency and the adoption of a code of ethics specifically designed for the high court. The above-mentioned objective is planned to be achieved via 3 outcomes: 1. Enhancement of institutional capacity for the adoption of code of ethics by CoC 2. Development of required policies and implementation measures to strengthen transparency in judicial processes 3. Raised confidence on the functioning of the CoC 2. Objectives The work of the National Communications Consultant will fall under the third objective of the Project, namely Raised confidence on the functioning of the CoC. The objective of the assignment is to support the Project for developing the Communication Strategy and Action Plan for the Court of Cassation. With the Communication Strategy and Action Plan of the Court of Cassation, it is aimed to maintain better relations with high courts, Ministry of Justice, Bars Association, universities, NGO s, media and other related stakeholders in Turkey. Thus, it is aimed to create a prejudice-free environment, increased trust in public and ownership in respect of judicial activities in Turkey. 3. Description of Responsibilities The National Communications Consultant is expected to perform the following tasks: Conduct a desk review on best practice Communication Strategies and Action Plans of justice institutions at national and international level Review the results of the Satisfaction Survey conducted in the scope of the Project Draft a Brief Outline for the Communication Strategy and Action Plan for the Court of Cassation in line with the findings of the desk review and analysis of the results of the Satisfaction Survey to be applied among lawyers and court users Conduct consultations and interviews with all relevant actors to discuss the needs and possible solutions for enhancing trust to the judiciary, specifically to the Court of Cassation

3 Draft the Communication Strategy and Action Plan for the Court of Cassation in line with the results of the consultation meetings and interviews made with relevant actors, results of the Satisfaction Survey, as well as the information and documents to be shared by the Court of Cassation, with specific sections on, including but not limited to, i) in-house communication, ii) judiciary-media relations, iii) student and public outreach programme (in line with the Principle 9, 10 and 11 of the Istanbul Declaration on Transparency in the Judicial Process), iv) relations with justice actors and other stakeholders, v) communication via social media Finalize the Communication Strategy and Action Plan for the Court of Cassation, reflecting the feedbacks and comments of the Court of Cassation and UNDP Develop and deliver an awareness raising session (including but not limited to training session) on the Communication Strategy and Action Plan for the Court of Cassation, targeting relevant representatives of the Court of Cassation Provide support for the communication activities on the 4 th International Summit of High Courts The Consultant is expected to achieve the objectives and duties identified above by means of: Ensuring close collaboration with UNDP Human Rights and Rule of Law Cluster and Project Team; Ensuring close collaboration with National Partners, notably Court of Cassation; Working closely with the other National and International Consultants; Liaising and collaborating with specialized agencies and international/national organizations and other development partners in topics related to communication; Avoiding any kind of discriminatory behavior and applying a gender sensitive approach during the development of her/his tasks; Ensuring that human rights and gender equality is prioritized as an ethical principle within all actions; Ensuring that activities are designed and implemented in accordance with Social and Environmental Standards of UNDP ; Ensuring that any kind of diversities based on ethnicity, age, sexual orientation, disability, religion, class, gender are respected within all implementations including data production; Ensuring that each delivery emphasizes the gender aspect by considering the different needs of women and men in terms of social reality. 4. Expected Outputs and Deliverables Deliverables/ Outputs Brief report on the findings of the desk review on best practice Communication Strategies and Action Plans of justice institutions at national and international level Preparation of brief Outline for the Communication Strategy and Action Plan for the Court of Cassation in line with the findings of the desk review and analysis of the results of the Satisfaction Survey to be Estimated number of man/ days to be invested by IC* Due Dates 6 days days Review and Approvals Required

4 applied among lawyers and court users Reports of the consultation meetings and interviews with all relevant actors to discuss the needs and possible solutions for enhancing trust to the judiciary, specifically to the Court of Cassation Draft Communication Strategy and Action Plan for the Court of Cassation in line with the results of the consultation meetings and interviews made with relevant actors, results of the Satisfaction Survey, as well as the information and documents to be shared by the Court of Cassation, with specific sections on, including but not limited to, i) in-house communication, ii) judiciary-media relations, iii) student and public outreach programme (in line with the Principle 9, 10 and 11 of the Istanbul Declaration on Transparency in the Judicial Process), iv) relations with justice actors and other stakeholders, v) communication via social media Final draft of the Communication Strategy and Action Plan for the Court of Cassation, reflecting the feedbacks and comments of the Court of Cassation and UNDP 4 days days days Delivery of the awareness raising session (including but not limited to training session) on the Communication Strategy and Action Plan for the Court of Cassation, targeting relevant representatives of the Court of Cassation 5 days Report on the conducted communication activities on the 4 th International Summit of High Courts 4 days Contingency Estimated Total Number of Man/days 8 days 45 days *The payment conditions will be based on the actual number of man/days invested for the development of each deliverable. However, The IC may invest less or more days for each deliverable, the total number of man/days of the contract (consecutive or non-consecutive man/days) dedicated to the assignment shall be at a maximum 45 days throughout the contract validity. Without submission and approval (by UNDP) of the above listed deliverables, Consultant shall not be entitled to receive any payment from UNDP even if he/she invests time in this assignment.

5 The payment conditions indicated herein represents the maximum amount to be paid and will be based on the actual number of man/days invested for the development of each deliverable. The total number of man/days dedicated to the assignment shall not exceed 45 days. The amount paid shall be gross and inclusive of all associated costs such as social security, pension and income tax. Accommodation and living expenses in Ankara will be borne by the consultant and must be included in the price proposal. Assignment-related travel and accommodation costs outside of the Duty Station and Ankara will be borne by UNDP in line with UNDP s corporate rules and regulations. Reporting Line The Consultant will be responsible to the Democratic Governance Portfolio Manager for the completion of the tasks and duties assigned in Article 3. The reports shall be submitted to the UNDP Portfolio Manager for final approval. All of the reports are subject to approval from order to realize the payments to the consultant. Reporting Language and Conditions The reporting language should be both in Turkish and English. All information should be provided in electronic versions in word and PDF format. The consultant shall be solely liable for the accuracy and reliability of the data provided, links to sources of information used. Title Rights The title rights, copyrights and all other rights whatsoever nature in any material produced under the provisions of this ToR will be vested exclusively in UNDP. 5. Institutional Arrangement The UNDP will provide background materials, for the IC s review, reference and use. Neither UNDP nor any of the project partners are required to provide any physical facility for the work of the IC. However, depending on the availability of physical facilities (e.g. working space, computer, printer, telephone lines, internet connection, etc.) and at the discretion of UNDP and/or the relevant project partners such facilities may be provided at the disposal of the IC. UNDP and/or the relevant project partners will facilitate meetings between the IC and other stakeholders, when needed. 6. Timing and Duration The Assignment is expected to start in July 2018 and it shall be completed by November The consultant is expected to invest a maximum of 45 man/days throughout the validity of the contract. 7. Place of Work The place of work will be the IC s place of residence/work and may require several travels to Ankara and/or other cities with respect to project needs and duties and responsibilities of the consultant stated in Article 3, with UNDP s prior written approval. The number of days presented for each deliverable are indicative and may change on deliverable basis. Consultant may invest less/more than expected number of days for each deliverable but the total number of days to be invested within the scope of this contract cannot exceed 45 days. Consultant will be hired under an Individual Contract (IC). The consultant will be paid in TL upon submission and approval of the deliverables as detailed above. The rate of exchange shall be the

6 official rate applied by the United Nations on the day the UNDP instructs its bank to effect the payment(s). The amount to be paid to the Consultant shall be gross and inclusive of all associated costs such as social security, pension and income tax etc. Payment will be realized after submission and approval (by UNDP) of the above listed deliverables. Accommodation and living expenses in Ankara will be borne by the consultant and must be included in the price proposal. The travel and accommodation costs of all missions other than Ankara will be borne by UNDP. The costs of these missions may either be; Arranged and covered by UNDP CO from the respective project budget without making any reimbursements to the Consultant, through UNDP s official Travel Agency or, Reimbursed to the Consultant upon the submission of the receipts/invoices of the expenses by the consultant and approval of the UNDP. The reimbursement of each cost item is subject to the following constraints/conditions provided in below table or, Covered by the combination of both options. Cost item Constraints Conditions of Reimbursement Travel (intercity transportation) Accommodation Breakfast Lunch Full-fare economy class tickets Up to 50% of the effective DSA rate of UNDP for the respective location Up to 6% of the effective DSA rate of UNDP for the respective location Up to 12% of the effective DSA rate of UNDP for the respective location 1- Approval by UNDP of the cost items before the initiation of travel 2- Submission of the invoices/receipts, etc. by the consultant with the UNDP s F-10 Form 3- Acceptance and Approval by UNDP of the invoices and F-10 Form. Dinner Up to 12% of the effective DSA rate of UNDP for the respective location Other Expenses (intra city transportations, transfer cost from /to terminals, etc.) Up to 20% of effective DSA rate of UNDP for the respective location

7 8. Minimum Qualification Requirements The required qualifications and/or experience are presented below: Minimum Requirements General Qualifications Bachelor s degree in communication or related fields Assets Higher degree in communication or related fields Full proficiency in English and Turkish General Professional Experience Minimum 3 years of proven experience on corporate communication 2 years of experience in communication related field in an international environment Specific Professional Experience Proven experience in working with public institutions on drafting of the communication strategies and action plans Proven experience in working with international organizations on drafting of the communication strategies and action plans Proven experience in drafting of the communication strategies and action plans in the field of justice Notes: Internships (paid/unpaid) are not considered professional experience. Obligatory military service is not considered professional experience. Experience gained prior to completion of undergraduate studies is not considered professional experience. 9. Payments The IC will be paid in Turkish Liras (TL). The daily rate to be paid to the Consultant is fixed regardless of changes in the cost components. The fees should be indicated in gross terms and hence should be inclusive of costs related to tax, social security premium, pension, visa (if needed) etc. UNDP will not make any further clarification on costs related to tax, social security premium, pension, visa etc. It is the applicants responsibility to make necessary inquiries on these matters. The amount paid to the expert shall be gross and inclusive of all associated costs such as social security, pension and income tax etc. Payments will be made within 30 days upon the approval of the Monthly Progress Reports and UNDP Certificate of Payment Form (COP) on the basis of actual number of days invested by the expert for the respective deliverable. While the Consultant may invest less or more than estimated number of

8 man/days for each deliverable different than table which is given in Section 4, The total amount of payment to be affected to the Consultant within the scope of this contract cannot exceed equivalent of 45 days throughout the contract validity. If the deliverables are not produced and delivered by the expert to the satisfaction of UNDP, no payment will be made even if the expert has invested man/days to produce and deliver such deliverables. Tax Obligations: The IC is solely responsible for all taxation or other assessments on any income derived from UNDP. UNDP will not make any withholding from payments for the purposes of income tax. UNDP is exempt from any liabilities regarding taxation and will not reimburse any such taxation to the IC.