Job Title: Consultancy, Review and analysis of CRC Committee Concluding Observations/Recommendations
Organization: UN Children's Fund
Country: United States of America
Deadline: 17 Oct 2013
Review and analysis of CRC Committee Concluding Observations/Recommendations
and UNICEF Country Office support to their implementation
Terms of Reference
***1. Background:
In 2012 UNICEF completed an external global evaluation of its implementation of a Human Rights Based Approach to Programming (HRBAP), which determined that the organisation displays strong global leadership in the conceptualization and application of HRBAP. However, the Evaluation also found inconsistencies in the practical application of the approach across UNICEF programmes.
UNICEF’s support to the Committee on the Rights of the Child’s (CRC Committee) State party reporting process provides a platform for a more consistent and effective implementation of HRBAP. As part of the implementation of the Management Response to the HRBAP Evaluation, UNICEF is therefore seeking to enhance its engagement in the follow-up to the CRC State party reporting process, particularly in regard to UNICEF Country Offices becoming more effective and consistent in their support to the implementation of Concluding Observations and Recommendations (Concluding Observations).
To further this goal, the Gender and Rights Section of UNICEF HQ aims to assess both the nature and content of the CRC Committee’s Concluding Observations, the degree to which they are acted upon by UNICEF Country Offices, as well as the facilitating and hindering factors that may influence this process. The assessment would then provide a basis for ensuring that the facilitating factors are taken advantage of on a more consistent basis in country programme implementation and that a systematic organizational effort can be made to address some of the hindering factors.
***2. Purpose:
The main objective of this assignment is to support UNICEF in analyzing the factors that facilitate or hinder UNICEF Country Offices’ implementation of CRC Committee Concluding Observations, and how UNICEF HQ could reinforce Country Office capacity to ensure their implementation more consistently.
The consultant will report to the Principal Adviser, Gender and Rights, UNICEF HQ and be supported in the assignment by the Human Rights team in New York and Geneva.
***3. Expected Results:
Review and analyze for a subsample of countries (20-30) the nature and content of Concluding Observations made in the past 6 years, and their relevance to each of UNICEF’s seven result areas ; identify specific and defined recommendations for each area that can serve as good practice examples;
Conduct in-depth review of select number of countries (10-15):
o determining the degree to which (and variation in how well) UNICEF Country Offices support the implementation of the Concluding Observations in a) programme design; b) programme activities; and c) programme results;
o identifying facilitating and hindering factors to Country Offices supporting the implementation of Concluding Observations, such as whether there are linkages to the a) specificity of the recommendations; b) the overall focus of the Country Programme; c) the Country Office’s degree of involvement in the State party reporting process; d) the particular issue at hand; e) the country context in terms of political will, opportune timing, civil society capacity etc.; and f) the Country Office’s capacity and access to resources;
o contrasting Concluding Observations that have been well-implemented versus those that have not;
Identify entry-points (such as technical guidance, resource allocation, South/South sharing of experience etc.) for UNICEF HQ to reinforce Country Office capacity to support the implementation of the Concluding Observations.
***4. Duty Station: Home-based
***5. Deliverables:
Report providing overview of types of CRC Committee Concluding Observations made in the past six years and the issues covered in each of UNICEF’s seven result areas (Health; HIV and AIDS; Water, Sanitation & Hygiene; Nutrition; Education; Child Protection; Social Inclusion), identifying specific and defined recommendations for each area that can serve as good practice examples. (10 pages)
Briefing note on a proposed list of countries to be reviewed in greater depth, outlining the criteria for selection, such as geographical balance, range of country contexts (middle income, humanitarian, developing and politically sensitive situations), and how recently countries have been in receipt of Concluding Observations. (2 pages)
Briefing note on sources to be consulted and method for in-depth review. (2 pages)
Report on the in-depth review, containing recommendations on how UNICEF HQ could reinforce Country Office capacity to support the implementation of the Concluding Observations. (10-15 pages).
***6. Timeframe: Approximately 40 working days within a three-month period.
***7. Start Date: 4 November 2013 End Date: 31 January 2014
***8. Qualifications and specialized knowledge, experience and skills required:
Advanced university degree in the social sciences;
Ten years solid responsible professional work experience in social development, human rights in general, and children’s rights in particular, knowledge of the mandate and work of the Committee on the Rights of the Child;
UNICEF programming experience at the country level is essential;
Ability to connect human rights programming principles with implementation in the field in a concrete and practical way;
Strong research and analytical skills especially in going beyond conceptual understanding of child rights to organize information and data so as to draw a clear picture of what is working, what is not, and why;
Excellent writing and communication skills and ability to present information to relevant audiences in a clear and succinct manner;
Proactive ability and initiative to seek guidance, information, and input from the project team and supervisor on an ongoing basis;
Prior experience working with UN agencies or other international organizations is an asset.
General Conditions of Contracts for the Services of Consultants / Individual Contractors
Legal Status
The individual engaged by UNICEF under this contract as a consultant or individual contractors (the “Contractor”) is engaged in a personal capacity and not as representatives of a Government or of any other entity external to the United Nations. The Contractor is neither a “staff member” under the Staff Regulations of the United Nations and UNICEF policies and procedures nor an “official” for the purpose of the Convention on the Privileges and Immunities of the United Nations, 1946. The Contractor may, however, be afforded the status of “Experts on Mission” in the sense of Section 22 of Article VI of the Convention and the Contractor is required by UNICEF to travel in order to fulfill the requirements of this contract, the Contractor may be issued a United Nations Certificate in accordance with Section 26 of Article VII of the Convention.
Obligations
The Contractor shall complete the assignment set out in the Terms of Reference for this contract with due diligence, efficiency and economy, in accordance with generally accepted professional techniques and practices.
The Contractor must respect the impartiality and independence of UNICEF and the United Nations and in connection with this contract must neither seek nor accept instructions from anyone other than UNICEF. During the term of this contract the Contractor must refrain from any conduct that would adversely reflect on UNICEF or the United Nations and must not engage in any activity that is incompatible with the administrative instructions and policies and procedures of UNICEF. The Contractor must exercise the utmost discretion in all matters relating to this contract.
In particular, but without limiting the foregoing, the Contractor (a) will conduct him- or herself in a manner consistent with the Standards of Conduct in the International Civil Service; and (b) will comply with the administrative instructions and policies and procedures of UNICE relating to fraud and corruption; information disclosure; use of electronic communication assets; harassment, sexual harassment and abuse of authority; and the requirements set forth in the Secretary General’s Bulletin on Special Measures for Protection from Sexual Exploitation and Sexual Abuse.
Unless otherwise authorized by the appropriate official in the office concerned, the Contractor must not communicate at any time to the media or to any institution, person, Government or other entity external to UNICEF any information that has not been made public and which has become known to the Contractor by reason of his or her association with UNICEF or the United Nations. The Contractor may not use such information without the written authorization of UNICEF, and shall under no circumstances use such information for his or her private advantage or that of others. These obligations do not lapse upon termination of this contact.
Title rights
UNICEF shall be entitled to all property rights, including but not limited to patents, copyrights and trademarks, with regard to material created by the Contractor which bears a direct relation to, or is made in order to perform, this contract. At the request of UNICEF, the Contractor shall assist in securing such property rights and transferring them to UNICEF in compliance with the requirements of the law governing such rights.
Travel
If UNICEF determines that the Contractor needs to travel in order to perform this contract, that travel shall be specified in the contract and the Contractor’s travel costs shall be set out in the contract, on the following basis:
(a) UNICEF will pay for travel in economy class via the most direct and economical route; provided however that in exceptional circumstances, such as for medical reasons, travel in business class may be approved by UNICEF on a case-by-case basis.
(b) UNICEF will reimburse the Contractor for out-of-pocket expenses associated with such travel by paying an amount equivalent to the daily subsistence allowance that would be paid to staff members undertaking similar travel for official purposes.
Statement of good health
Before commencing work, the Contractor must deliver to UNICEF a certified self-statement of good health and to take full responsibility for the accuracy of that statement. In addition, the Contractor must include in this statement of good health (a) confirmation that he or she has been informed regarding inoculations required for him or her to receive, at his or her own cost and from his or her own medical practitioner or other party, for travel to the country or countries to which travel is authorized; and (b) a statement he or she is covered by medical/health insurance and that, if required to travel beyond commuting distance from his or her usual place or residence to UNICEF (other than to duty station(s) with hardship ratings “H” and “A”, a list of which has been provided to the Contractor) the Contractor’s medical/health insurance covers medical evacuations. The Contractor will be responsible for assuming all costs that may be occurred in relation to the statement of good health.
Insurance
The Contractor is fully responsible for arranging, at his or her own expense, such life, health and other forms of insurance covering the term of this contract as he or she considers appropriate taking into account, among other things, the requirements of paragraph 5 above. The Contractor is not eligible to participate in the life or health insurance schemes available to UNICEF and United Nations staff members. The responsibility of UNICEF and the United Nations is limited solely to the payment of compensation under the conditions described in paragraph 7 below.
Service incurred death, injury or illness
If the Contractor is travelling with UNICEF’s prior approval and at UNICEF’s expense in order to perform his or her obligations under this contract, or is performing his or her obligations under this contract in a UNICEF or United Nations office with UNICEF’s approval, the Contractor (or his or her dependents as appropriate), shall be entitled to compensation from UNICEF in the event of death, injury or illness attributable to the fact that the Contractor was travelling with UNICEF’s prior approval and at UNICEF’s expense in order to perform his or her obligations under this contractor, or was performing his or her obligations under this contract in a UNICEF or United Nations office with UNICEF’s approval. Such compensation will be paid through a third party insurance provider retained by UNICEF and shall be capped at the amounts set out in the Administrative Instruction on Individual Consultants and Contractors. Under no circumstances will UNICEF be liable for any other or greater payments to the Contractor (or his or her dependents as appropriate).
Arbitration
(a) Any dispute arising out of or, in connection with, this contract shall be resolved through amicable negotiation between the parties.
(b) If the parties are not able to reach agreement after attempting amicable negotiation for a period of thirty (30) days after one party has notified the other of such a dispute, either party may submit the matter to arbitration in accordance with the UNCITRAL procedures within fifteen (15) days thereafter. If neither party submits the matter for arbitration within the specified time the dispute will be deemed resolved to the full satisfaction of both parties. Such arbitration shall take place in New York before a single arbitrator agreed to by both parties; provided however that should the parties be unable to agree on a single arbitrator within thirty days of the request for arbitration, the arbitrator shall be designated by the United Nations Legal Counsel. The decision rendered in the arbitration shall constitute final adjudication of the dispute.
Penalties for Underperformance
Payment of fees to the Contractor under this contractor, including each installment or periodic payment (if any), is subject to the Contractor’s full and complete performance of his or her obligations under this contract with regard to such payment to UNICEF’s satisfaction, and UNICEF’s certification to that effect.
Termination of Contract
This contract may be terminated by either party before its specified termination date by giving notice in writing to the other party. The period of notice shall be five (5) business days (in the UNICEF office engaging the Contractor) in the case of contracts for a total period of less than two (2) months and ten (10) business days (in the UNICEF office engaging the Contractor) in the case of contracts for a longer period; provided however that in the event of termination on the grounds of impropriety or other misconduct by the Contractor (including but not limited to breach by the Contractor of relevant UNICEF policies, procedures, and administrative instructions), UNICEF shall be entitled to terminate the contract without notice. If this contract is terminated in accordance with this paragraph 10, the Contractor shall be paid on a pro rata basis determined by UNICEF for the actual amount of work performed to UNICEF’s satisfaction at the time of termination. UNICEF will also pay any outstanding reimbursement claims related to travel by the Contractor. Any additional costs incurred by UNICEF resulting from the termination of the contract by either party may be withheld from any amount otherwise due to the Contractor under this paragraph 10.
Taxation
UNICEF and the United Nations accept no liability for any taxes, duty or other contribution payable by the consultant and individual contractor on payments made under this contract. Neither UNICEF nor the United Nations will issue a statement of earnings to the consultant and individual contractor
How to apply:
This is an extension of the application deadline to expand the candidate pool. Previous applicants need not re-apply as their original application will be duly considered.
Qualified candidates are requested to submit a cover letter, CV and signed P11 form (which can be downloaded from our website at http://www.unicef.org/about/employ/index_53129.html) to pdconsultants@unicef.org with subject line “Consultant to review and document evidence of the implementation of the Concluding Observations and Recommendations of the Committee on the Rights of the Child by UNICEF and partners at Country Level” by 17 October 2013. 5:00 pm, New York time. Please indicate your ability, availability and daily rate to undertake the terms of reference above. Applications submitted without a daily (or monthly) rate will not be considered
Joint applications of two or more individuals are not accepted.
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