| Overview : A. BACKGROUND AND PROJECT DESCRIPTION UNDP is a longstanding institution in Timor-Leste, especially with a justice programme. UNDP’s Justice Project has assisted the Government of Timor-Leste (GoTL) in designing the architecture of the justice sector of Timor-Leste, headed by the Ministry of Justice and the Judiciary, in the post-conflict context since 2003. In recent years, UNDP has expanded its access to justice portfolio with a heightened focus on gender justice – gender inequality and gender-based violence. In 2020, UNDP joined the EU-UN Spotlight Initiative to Eliminate Violence Against Women and Girls in Timor-Leste (Spotlight Initiative) which was launched in three municipalities – Bobonaro, Ermera, and Viqueque. UNDP has also in3itiated a new justice project, Accelerating Access to Justice for All in Timor-Leste (AAJAT) and Human Rights-Oriented Prison Enhancement (HOPE) for Gender Equality, and also partake in another new UN Joint Program funded by Korea International Cooperation Agency (KOICA), Hamutuk ba Igualdade (Together for Equality): Preventing and Responding to Gender-Based Violence. In these projects, UNDP is exclusively tasked, among others, with the service delivery of the justice sector to increase access to justice of domestic violence/gender-based violence survivors and people residing in remote areas. This includes i) enhancing access to justice of women GBV survivors (access to legal information, strengthened legal aid), ii) strengthening gender-responsiveness in the sector (survivor-centered and responsive criminal justice processes, increase of women’s representation in the legal profession), and iii) correctional facilities in line with the human rights standards and female inmates’ special needs. Spotlight Initiative and AAJAT/HOPE/Together for Equality are designed to complement each other and have been implemented in a collaborative manner. In particular, the HOPE for GE project (the project) seeks to assist one of the most marginalized populations in Timor-Leste, namely the female pre-trial detainees, inmates, and ex-prisoners. In a patriarchal society, such as Timor-Leste, women face multiple discriminatory practices on a daily basis. More so is the case for women in prisons, such as the application of discriminatory laws (e.g., criminalization of abortion), unjust treatment, or negligence of their special needs. Considering female prisoners’ disadvantaged status within the facilities and society, the project will provide female-focused legal aid assistance, vocational and literacy training, and establish sex-segregated, gender-friendly spaces in prisons. The human rights and gender-sensitivity training for the correctional officers and inmates, both men and women, will also be accompanied to contribute to behavioural and institutional changes. The key government partners include the Ministry of Justice, National Human Rights Institution, and the Ministry of Social Solidarity and Inclusion. The project will collaborate with sister UN agencies to bring synergies, efficacy, and potential scale-up. This particular call is pertinent to the legal aid assistance for female prisoners – both convicts and pre-trial detainees - to strengthen their access to legal aid through a dedicated team of private lawyers/a law firm willing to engage with the task usually neglected but imperative in promoting human rights of all. B. OBJECTIVES AND EXPECTED OUTPUTS/ DELIVERABLES Specific Objectives: The project aims to strengthen legal aid service by expanding it to female prisoners who might have already missed out on such services and are at risk of being left behind once again. Hence, the objectives of the assignments are to: - Enhance access to justice and legal aid of the people left behind, especially female inmates and pre-trial detainees fulfilling their right to counsel and protecting their best interests
- Strengthen the capacity of a law firm or lawyers who are willing to engage in social/gender justice work and serve the public good
Output 1: Enhance access to justice and legal aid of the people left behind, especially female inmates and pre-trial detainees fulfilling their right to counsel and protecting their best interests | Key Activity Results | Key deliverables | Indicators | Overall access to justice status and legal cases of female inmates and pre-trial detainees identified, analysed, strengthened, and necessary legal actions taken | Conduct regular visitations to Gleno Prison and detention centers in the police stations, conduct consultations, and provide legal advice and information to female prisoners at all stages of the justice processes throughout the project duration | # of visitations (Baseline: 0, Target: to be proposed by the bidder) # of clients who received legal advice and information (Baseline: 0, Target: to be proposed by the bidder) | Identify the needs of any legal action through the above legal consultations/counselling with the female prisoners on the issues below, but not limited to: - Unfounded conviction or any other criminal injustice where the interest of justice requires
- Illegal detention (expire of the pre-trial detention, expire of time for conditional release)
- Conditions of their confinement or their treatment by prison personnel and prison establishments
- Any other areas such as family law/ civil law and administrative law to help them rehabilitate after release, including administratively mishandled cases or the request for compensation for imprisonment when acquitted
- Timely referral needs to essential services particularly, but not limited to, medical or psycho-social counselling services
- Special needs for children and their best interest as primary consideration
| # of legal actions identified, disaggregated by the types of cases (Baseline: 0, Target: to be proposed by the bidder) Submission of the assessment/legal analysis report of viable cases and claims for female prisoners with the visitations log and future plans (Yes/No) | Take legal or advocacy action, where required, for clients to protect their rights and best interests, for instance: - Produce and process pardon letters and advocate early release or any other forms of remedies
- Provide legal advice to the pre-trial detainees who do not have legal representation, focusing on how to deal with interrogation and questions asked by prosecutors/investigators, as well as how to take care of incriminating evidence
- File petitions before judicial and administrative authorities and represent client through the civil/administrative justice system with Timorese key laws (including Family Law/Civil Law, and so on) and relevant international conventions
- File the case (post-conviction) and represent client through the criminal justice system with Timorese key laws (including Criminal Law, Criminal Procedural Law, Law Against Domestic Violence, and so on) and relevant international conventions
- Investigative services such as, but not limited to, interviewing, evidence gathering, medico-legal examinations, documentation and actions
- Assist in advocacy support for female prisoners, where needed
| # of the legal and advocacy actions taken, disaggregated by the types of cases (Baseline: 0, Target: to be proposed by the bidder) % of the clients whose cases have been resolved, disaggregated by the types of cases (Baseline: 0, Target: to be proposed by the bidder) Submission of a brief mid-term progress report of the legal action taken, progress results, and plans as well as the visitation/legal counselling log (Yes/No) Submission of the final report with the progress, results, success/human stories, and prospects, along with the visitation/legal counselling log (Yes/No) | Output 2: Strengthen the capacity of a law firm or lawyers who are willing to engage in social/gender justice work and serve the public good | Key Activity Results | Key deliverables | Indicators | Legal professionals’ capacity strengthened on social/gender justice work | Develop a manual and implement a training to support the legal and advocacy work undertaken by the team members and other legal/human rights professionals, also inviting the relevant professions from the Public Defender’s Office and Porvedoria dos Direitos Humanos e Justica where possible, to ensure consistency, quality of the services rendered and potential sustainability | # of Manual (Baseline: 0, Target: one each) # of participants in training and % of the participants satisfied with the training(gender disaggregated) (Baseline: 0, Target: 25 participants; 80%) | Provide mentorship to interns/future legal professionals (to host at least 2-3 law graduates as interns/associates, at least 50% of whom should be female) | % of female and male future legal professionals believe that they have better understanding of social and gender and justice (Baseline: 0, Target: to be proposed by the bidder) |
Project Management - The contractor will report directly to the Project Coordinator/Manager, and the Head of Governance Unit will also review the tasks as a lead of quality control.
- The project shall be managed in accordance with the contractual arrangements as well as rules and procedures applicable therein.
- Close communication shall be maintained with UNDP on implementation progress, results, challenges, and emerging issues.
- The Offeror bears full responsibility for the overall management of activities and bears all substantive, operational, financial, monitoring, and evaluation responsibilities.
Data Monitoring and Reporting - UNDP will provide an orientation to its results reporting requirements and templates. The Offeror and UNDP will agree on data-collection and monitoring and reporting tools and formats.
- Analysis of risks and mitigation strategies shall be discussed between UNDP and CSO at the orientation.
- The Final Report with data, narratives and financial summary shall be submitted to UNDP within 30 days following the end of the project.
Strengthening the capacity of Civil Society Organization The Civil Society support is a crucial part of the UNDP commitment to sustainable development. UNDP will closely engage and work with the organizations and provide training on institutional capacity development or gender justice related thematic training, where needed. C. ELIGIBILITY & QUALIFICATION CRITERIA Intended audience to respond to the call: Local Civil Society Organizations/foundation/network of lawyers or with in-house lawyers who can fulfil the required criteria as per below selection criteria Selection Criteria: The offeror and its relevant staff members should be a Timor-Leste non-governmental organization (NGO), Civil Society Organization (CSO), or Foundation with the operational mandate in providing legal aid. The offeror should have office in Timor-Leste. The interested organizations/foundations should reflect a strong gender balance. The offeror should have the capacity to deliver quality services in a timely and professional manner. Criteria | Eligibility | Organization - A minimum of 3 years of experience in locally operating in the field of law
Project Team - Should have at least two qualified/accredited lawyers are required, along with trained legal associates/paralegals/investigators with a minimum of 2-3 years of experience in Timor-Leste;
- Excellent knowledge of the Timorese laws and legal system and experience in working with the justice institutions in Timor-Leste;
- Excellent Knowledge and experience in gender or social justice;
- Supportive attitude towards inmates or clients or professional mindset based on strong interpersonal, oral and written communication skills;
- Experience in representing or advising inmates is a strong asset;
- Experience working with UNDP, other UN entities, donor organizations or development organizations is an asset; and
- Strong case management, monitoring, and reporting experience
Head of CSO/Foundation/Network - Demonstrated experience in designing, implementing, managing, and monitoring programs and projects; and
- Demonstrated experience of effectively and efficiently managing finance with accountability and transparency
| Language | - Fluency in Tetum and Portuguese (both oral and written)
- Working proficiency in English is an asset.
| Other | - A Timor Leste-based and registered entity
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D. SELECTION PROCESS AND EVALUATION CRITERIA Selection Process Evaluation/selection committee: The proposals will be selected on a competitive basis. All proposals will be reviewed and endorsed by a 3-member panel. Announcement of selected CSO: The approved proposals will be announced, and the organizations will be contacted to proceed with the next steps including document finalization and agreement signing. Scoring of the proposals: Criteria | Score | Weight | Expertise of Organization - Legal existence including registration certificates and annual reports
- Years of establishment
- Experience in undertaking similar assignments
- Financial management capability
- Annual financial statements or audit if any
| 40 | 40% | Project Plan - Proposed Methodology, Approach and Implementation Plan
- Understanding of the scope of work
- Schedule of activities
- Clear and realistic timelines
- Measuring results (data collection, indicators, results framework)
- Reporting plan
| 30 | 30% | Project Personnel - Qualifications and Experience of the Project Team
- Experience on Similar Programme / Projects
- Organogram
| 30 | 30% | Total | 100 | 100% |
E. PROPOSAL AND SUBMISSION PROCESS Proposal Budget: The total amount of the grant available is $40,000. Proposal implementation duration: The time-period for implementation is 120 working days over a period of 6 months (from March 2022 to August 2022). Content and format of the grant proposal: The template for the grant proposal is attached in Annex 1 of this call. Submission format: - The proposal prepared by the Offeror and all related correspondence could be either in English or Tetun/Portuguese.
- The proposal shall conform to the format provided in Annex 1.
- The proposal shall attach all required legal evidence, including evidence of legal registration or registration initiation documents and authorization to operate in Timor-Leste.
- CVs and organogram of the Project Team shall be submitted.
- Only one proposal can be submitted per organization/foundation/network.
Proposals should be submitted on email for the below address: Interested organizations submit their document to Project Officer, Ms. Rosa Cardoso via rosa.cardoso@undp.org AND Project Coordinator, Ms. Sora Chung via sora.chung@undp.org. For any queries on the subject matter, contact Ms. Rosa Cardoso and/or Ms. Sora Chung via the emails above or phones at +670 7747 7023, +670 7762 5727 respectively. Submission deadlines: The deadline for submission of proposal is on 16 February 2022 |
