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Terms of Reference: Capacity Needs Assessment Consultancy

International Consultant

Joint Project on Prevention and Elimination of Violence Against Women for Mainstreaming Gender into the National Development Agenda in the Lao PDR

(Project number: 00124568)

Duty Station: Vientiane, Lao PDR, or Home-Based

Duration: 6 weeks

Start Date: 31 March 2021, or as early as possible

End Date: 30 June 2021, or or as early as possible

Consultancy Type: International Individual Consultant (IC)

Application Deadline: 22 March 2021

1. Background and Context

There is growing recognition that gender-based violence (GBV) against women is a serious violation of human rights that must be eliminated from all sections of society. In Lao PDR, GBV against women can be a by-product of, among other things, traditional beliefs and discriminatory customs related to gender roles. And without a strong rule of law and governance mechanisms to prevent GBV and provide remedies for victims and survivors of GBV, the elimination of GBV cannot be achieved.

Since ratifying the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1981, Lao PDR has been politically committed to eliminating GBV and recognizes that its elimination is critical to protecting the rights of persons in Lao PDR and achieving sustainable development. Nevertheless, there is a need to review and ensure that GBV against women is mainstreamed in the Government’s planning and policy.

To achieve this, the Joint Project on Prevention and Elimination of Violence Against Women for Mainstreaming Gender into the National Development Agenda in the Lao PDR will see UNFPA providing technical assistance to Lao Women’s Union (LWU) in formulating the next phase 5-year National Strategic Plans on the Elimination of Violence Against Women (EVAW, 2021-2025) and Gender Equality (2021-2025) (Sub-output 1) and the associated monitoring and evaluation plans (Sub-output 2). In parallel, UNDP will provide support to LWU to strengthen the governance framework and promote women’s participation for the elimination of GBV (Sub-output 3).

UNDP and UNFPA will utilize the Essential Services Package for Women and Girls Subject to Violence (henceforth referred to as “ESP”) to strengthen the health, social, justice and policing sectors in order to

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achieve the sub-outputs outlined above. While the purpose of this consultancy will be to assess the gaps in the justice and policing sectors within the Lao PDR based on the guidance provided by the ESP, it should be kept in mind that all four elements of the ESP are interrelated and should feed into each other.

2. Scope and Objectives

The overall objective of the Capacity Needs Assessment (CNA) will be to identify the gaps in capacity of justice service providers in relation to services for victims and survivors of GBV based on Justice and Policing Essential Services and Essential Actions for Coordination and Governance of Coordination, Modules 3 and 5 of the ESP, and other relevant international standards and guidances.

The objectives of the consultancy are to:

• Undertake a capacity needs assessment through a preliminary desk review and in-depth interviews in parallel to the guidance provided by the ESP and other international good practice in order to identify gaps in the justice and policing sectors in providing services to GBV victims and survivors.

• Develop a capacity baseline of justice service providers and identify capacity indicators to track project achievement.

• Develop a set of recommendations to partners including the Sector Working Group Secretariat on how to address the gaps identified in the capacity needs assessment.

The consultant will be expected to utilize UNDP’s Capacity Assessment Framework to identify gaps and provide capacity development plans for addressing those gaps. The CNA should make reference to international practices, standards and norms for gender mainstreaming in the national development agenda.

3. UNDP Capacity Development Considerations

The current UNDP assumption is that developing countries should own, design, direct, implement and sustain the process themselves. Therefore, capacity development should focus on empowering and strengthening endogenous capabilities.

4. UNDP Integrated Capacity Development Model

The consultant should follow UNDP’s Capacity Assessment Framework, keeping in mind the three following dimensions:

Three entry points/levels where capacity is grown and developed:

1) The Enabling Environment Level: Referring to the broad social system within which people and organizations function, including all the rules, laws policies, power relations and social norms governing civic engagement, this is central to understanding capacity issues.

2) The Organizational Level: Internal structure, policies and procedures determining an organization’s effectiveness.

3) The Individual Level: While this refers to the individual skills, experience and knowledge that allow a person to perform, access to resources and experiences are largely shaped by the organizational and environmental levels.

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Four core issues that have the greatest influence on capacity development on levels mentioned above:

1) Institutional Arrangements: Policies, practices and systems allowing for the effective functioning of an organization or group.

2) Leadership: Present in all three levels, leadership is the ability to influence, inspire and motivate.

3) Knowledge: Underpins individuals’ capacity. While traditionally seen to be fostered at the individual level (e.g. education), knowledge can also be created and shared within an organization (e.g. on-the-job training) or supported through an enabling environment (e.g. effective educational systems and policies).

4) Accountability: Willingness and abilities of public institutions to put in place systems and mechanisms to monitor, learn, self-regulate and adjust their behaviour, providing legitimacy to decision-making and increasing transparency and responsiveness.

Key functional and technical capacities that should be assessed: (1) Stakeholder engagement; (2) Accurate assessment of capacity and needs, (3) Capacity development response formulation; (4) Implemention of response; and (5) Evaluation.

5. UNDP Capacity Needs Assessment Approach

The UNDP CNA approach consists of identifying the capacity gaps based on an assessment of existing and future capacity, and then developing strategies on how to fill these gaps. During the CNA, the baseline should be established along with clear indicators to measure progress to achieving the anticipated development and/or organizational objectives.

The findings of the CNA should then serve as the starting point to formulate the capacity development response which should consist of actions to address the four core issues mentioned above. (See Annex A for a detailed description of Capacity Development Core Issues and Action Areas).

6. CNA Methodology

The consultant should adopt the Integrated Model (outlined in Section 4) of the UNDP Capacity Assessment Framework, through a desk review of relevant documents, in-depth interviews and any other methodologies considered appropriate for achieving the objectives.

The CNA evaluation should address the following questions among others:

• Relevance o To what extent is the ESP guidelines, specifically on justice and policing, aligned with the

Government’s strategies on national development needs and priorities, international obligations and others?

o How can the ESP be adapted to better align with the context of the Lao PDR and the needs of beneficiaries?

• Effectiveness o To what extent will the ESP guidelines contribute to the objective of Sub-output 3; to

strengthen the governance framework and promote women’s participation?

• Efficiency o What is the most efficient way for capacity development of different sectors be integrated

to meet the needs and requirements of the national development agenda of the Lao PDR? o Is the funding strategy sufficient to achieve the intended outcomes?

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• Partnership and Coordination o How appropriate and effective is the partnership strategy? What factors contribute to its

effectiveness or ineffectiveness? o What coordination procedures can be put in place to facilitate operations?

• Sustainability o How best can UNDP support the development of national and local capacity in order to

ensure sustainability, even after external donor funding ceases? o What can be done to maximize sustainable outcomes?

• Monitoring and Evaluation and Risk Management o How can the effectiveness of the platform be monitored and evaluated?

7. CNA Deliverables

The consultant(s) will be expected to deliver the following (see Annex B for detailed CNA schedule and Annex C for Gantt chart):

Deliverable Description

CNA Inception Report (Phase 1)

The inception report should be drafted following a desk review and finalization of the CNA methodology. It will detail the approach and methodology to be followed when carrying out the capacity assessment and when drafting the final proposal and TOR for the platform.

10%

CNA Outline (Phase 1)

Outline of relevant sections and contents of the CNA Report. 10%

CNA Draft Report (Phase 2)

Following consultations and in-depth interviews with stakeholders, the draft evaluation report should summarize the results of the CNA, including a summary of the activities undertaken, the initial findings and analysis and the capacity development plan to be followed. The capacity development plan should be impact-oriented, identifying the areas where capacity is low but where improved, will have a higher impact based on the needs of the users. A baseline study should also be included for clear measurement of progress. This draft will be submitted to UNDP, LWU, NCAWMC and other relevant stakeholders for review and feedback.

50%

CNA Final Report (Phase 3)

The final evaluation report will be finalized based on feedback on the draft evaluation report and will be submitted to UNDP and LWU. This phase also includes a seminar to present the findings and plan for capacity development as well as a training session.

30%

8. Team Composition and Required Competencies

The CNA will be conducted by a team consisting of one International and one National Consultant who will work closely together to conduct the CNA. Justice service providers and relevant stakeholders such as government, CSOs and development partners will be interviewed to gain a deeper understanding of the

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situation on the ground. The final evaluation report should include a capacity baseline which will be the basis for the capacity building plan and comprehensive monitoring and evaluation framework.

The International Consultant will provide overall quality control and review of alignment of CNA with the ESP and relevant international standards and guidance, working closely with the National Consultant who will provide technical inputs and knowledge on the local context. The team will be responsible for delivering a seminar to present the findings and a training session to LWU, the National Commission for the Advancement of Women, Mothers and Children (NCAWMC) and any other relevant stakeholders.

8.1 International Capacity Development Expert

The International Capacity Development Expert is required to have the following education background as well as professional and technical qualifications:

Required Qualifications

• Master’s degree or equivalent in law, preferably with a specialization in VAW and/or GBV or similar;

• Ten years’ experience working with programmatic CNAs, including for developing national institutions;

• Experience working in gender equality and women’s empowerment, preferably on VAW and/or GBV

• Demonstrable understanding of capacity needs assessments, strategic planning and institutional development within a post-conflict environment and/or developing country.

• Knowledge of the UNDP Capacity Development Model is an asset;

• Strong reporting and analytical skills;

• Knowledge and understanding of the Essential Services Package is an asset;

• Fluency in English, both written and verbal. Knowledge of Lao is an asset;

• Experience working in Lao PDR is an asset.

Responsibilities

• Provide an introduction and briefing to the National Consultant on ESP and to design the evaluation strategy, define evaluation questions, methodology and workplan;

• Conduct in-depth desk review of the relevant laws and national action plans such as the Law on Preventing and Combatting Violence against Women and Children, Second Five Year National Action Plan on Combating Violence against Women, Law on Development and Protection of Women, Fourth Five Year National Plan of Action on Gender Equality and the Civil and Penal Codes utilizing Modules 3 and 5 of the Essential Services Package and relevant international standards and norms to identify inconsistencies and gaps;

• Provide feedback and iterative reviews to the National Consultant as they interview justice service providers as well as relevant stakeholders such as CSOs, development partners;

• Following the ESP, identify the capacity baseline to design a capacity building plan as well as a comprehensive monitoring and evaluation framework;

• Ensure that an impact-oriented approach is taken when designing the capacity development plan, identifying key areas of low capacity where the greatest impact will be achieved based on the needs of the users;

• Identify threats and opportunities to implement an effective governance mechanism and policy framework and areas for cooperation with UNFPA, LWU and NCAWMC to implement the ESP in a coordinated manner;

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• Work closely with the National Consultant to prepare and deliver presentations of findings in seminar and training session.

9. CNA Follow-up Action and Management Response

The UNDP Evaluation Policy, approved by its Executive Board in 2009, requires all independent evaluations to have a management response which should be prepared according to the recommendations and follow up action points detailed in the Policy by UNDP Lao Country Office management in consultation with the Government of Lao PDR. This plan should clearly assign the party responsible for each follow-up activity, as well as detailing the timeframe (by quarter) in which activities should be completed in order to allow for clear progress tracking.

10. CNA Implementation Roles and Responsibilities

The following table outlines the key roles and responsibilities for the CNA process:

Person/ Organization

Roles and Responsibilities

Commissioner of the Evaluation: UNDP Deputy Resident Representative

• Determine scope of CNA in consultation with key partners

• Provide clear advice to the Evaluation Manager on how the findings will be used

• Respond to CNA by preparing a management response and use the findings as appropriate

• Safeguard the independence of the exercise.

• Allocate adequate funding and human resources

Evaluation Manager: Governance Unit Head, UNDP

• Lead the development of the CNA TOR

• Manage the selection and recruitment of the CNA Team

• Manage the contractual arrangements, the budget and the personnel involved in the CNA

• Provide facilitation and coordination support to the CNA Team

• Provide the CNA Team with administrative support and required data

• Connect the CNA Team with the wider programme unit, senior management and key evaluation stakeholders and ensure a fully inclusive and transparent approach to the evaluation

• Review the inception report and draft evaluation report, and ensure the final draft meets quality standards

Evaluation Stakeholders: LWU, NCAWMC

• Assist in collecting the required data

• Engage in interviews and group meetings

• Support and cooperation

• Review the draft evaluation report for accuracy and factual errors

CNA Team

• Fulfill the contractual arrangements in line with the UNEG norms, standards and ethical guidelines; this includes developing an evaluation matrix as part of the inception report, drafting reports, and briefing the Commissioner, Evaluation Manager and stakeholders on the progress and key findings and recommendations as needed

11. Time Frame for the CNA

The CNA evaluation should be completed by Q2 2021.

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12. Proposal Evaluation

The evaluation of proposals will be based on a cumulative analysis methodology (see Annex D for Evaluation of Proposal Criteria) and will be undertaken in accordance with the UNEG Ethical Guidelines for Evaluation.

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Annex A: A detailed description of Capacity Development Core Issues and Action Areas

Core Issue Programme Outputs Indicative Activities

Institutional Arrangements

Functional clarity Mandate and role clarifications

Streamlined business processes

Enforcement and compliance mechanisms

Effective Human Resource Management

Knowledge access and skills development

Predictability and types of incentives

Ethics and values interventions, attitudinal change interventions

Robust Coordination Mechanisms Horizontal peer coordination convened by the lead agency

Vertical coordination between local and state bodies

Convening authority and capacity of coordination body

Monitoring and Evaluation Systems Integrated M&E framework

Independent and peer review mechanisms

Feedback loops and feedback mechanisms

Partnerships for Services Delivery Public-Private Partnerships for service delivery

National implementation and procurement capacity

Public interface and services delivery

Leadership Clarity of Vision Joint visioning exercises and systems thinking

Priority setting, sequencing and strategic planning techniques

Advocacy and communications

Coalitions management Services Process facilitation

Identification and support to change champions & agents

Negotiations techniques

Gender modules, cross cutting modules and confidence building modules

Transformation and Risk Management Skills and Services

Decision making skills

Risk assessment and analysis

Ethics and values

Executive and technical management skills

Leadership Attraction, Retention Systems and Mechanisms

Coaching and mentoring

Experimental learning

Incentives

Succession planning

Brain gain strategies

Knowledge Education and Knowledge Reform Strategy

Linking issues of learning and knowledge needs to access and into educational reform

Advocacy, voice and support to coalitions to improve the quality of education and knowledge

Mapping of human skills, institutions and investments that support Capacity Development

Public private partnerships in the education and knowledge sector

Methodologies for continued learning

Expertise on training and learning methodologies

Linking and introducing the Capacity Development approach into national training and incentives

South-South learning solutions Linking into regional educational networks and institutions. Facilitation and supporting to the educational networks.

Brain gain and retention strategies

Institutional twining arrangements

National Knowledge Management Mechanisms and Knowledge Networks

Seeding a pool of National talent and expertise

Supporting local knowledge capture mechanisms in a more robust, systematic and concerted manner

Local Community of Practice and local networks

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Accountability Clarity of Accountability Systems Checks and balances through Results Based Management

Horizontal accountability

Regulatory and oversight capacity of organization

Stakeholder Feedback Mechanisms and Systems

Developing monitoring capacities

Independent partner review mechanisms

Identifying and strengthening feedback loops to enhance institutional responsiveness and enforcement mechanisms

Voice Mechanisms Promoting participatory monitoring processes and instruments

Institutionalizing participation frameworks, methods and tools

Advocacy on literacy and education

Language reforms and access to information

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Annex B: CNA Schedule

Responsible Party Activity

Estimated Time (Days)

Date Completed

Location

Phase 1

CNA Team, UNDP CO, LWU, NCAWMC

• Meeting briefing with UNDP senior management (programme managers and project staff as needed), including sharing relevant documentation

1 day Day 1 On site

IC • Introduction and briefing to National Consultant on ESP, evaluation design incl.

questions, methodology, detailed workplan 1 day Day 1 Remote

NC • Draft inception report

5 days Day 5 Remote

IC 2 days

NC • Submission and presentation of the inception report (10 pages max) 1 day Day 6

UNDP, LWU, NCAWMC • Discussion and approval of inception report 2 days Day 6

Phase 2

IC • Provide feedback and iterative reviews to Nationa Consultant on consultations,

meetings, interviews, stakeholder analyses, in preparation for the draft report 5 days Day 17 Remote

NC • Desk review 2 days Day 7 Remote

NC • Consultations, meetings and interviews with relevant stakeholders 2 days Day 9 On site

NC • Field visit (TBC) 2 days Day 11 TBC

NC • Preparation of draft evaluation report illustrating existing capacities, future

capacities required, capacity gaps, capacity development response plan, and baseline study for assessing progress

6 days Day 17 Remote

NC • Submission of draft to UNDP, LWU, NCAWMC and other relevant stakeholders 1 day Day 17

UNDP, LWU, NCAWMC, CNA Team

• Receive feedback on draft, debrief 2 days Day 19 Remote

Phase 3

NC • Preparation of final Evaluation reports (60 pages max excluding annexes),

executive summary (5 pages) including comments from debrief

5 days Day 24 Remote

IC 4 days

NC • Submission of final Evaluation report in both English and Lao to the UNDP, LWU,

NCAWMC and other relevant stakeholders 1 day Day 24

NC • Preparation of seminar to present findings and plan for capacity development and training session on ESP

5 days Day 29 Remote

IC 2 days

CNA Team • Delivery of seminar and training session 1 day Day 30 TBC

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Annex C: Gantt Chart

Day

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Recruitment All Contract signature Remote

AllMeeting briefing with UNDP senior management (programme managers and project staff as needed),

incl. sharing relevant documentation with CNA teamOn site

ICIntroduction and briefing to National Consultant on ESP and design evaluation strategy, define

evaluation questions, methodology and detailed workplanRemote

IC

NC

NC Submission and presentation of the inception report (10 pages max)

All Discussion and approval of inception report

ICProvide feedback and iterative reviews to National Consultant on consultations, interviews, meetings,

stakeholder analyses in preparation for the draft reportRemote

NC Desk review Remote

NC Consultations, meetings and interviews with relevant stakeholders On site

NC Field visit? TBC

NCPreparation of draft Evaluation report illustrating existing capacities, future capacities required, capacity

gaps, capacity development response plan, and baseline study for assessing progressRemote

NC Submission of draft to UNDP, LWU, NCAWMC and other relevant stakeholders

NC Receive feedback on draft, debrief Remote

IC

NC

NCSubmission of final Evaluation report in both English and Lao to the UNDP, LWU, NCAWMC and other

relevant stakeholders

IC

NC

IC & NC Delivery of seminar and training session TBC

Remote

Remote

Phase 1

Phase 3Preparation of seminar to present findings and plan for capacity development and training

session on ESP, incl. Translation

Preparation of final Evaluation reports (60 pages max excluding annexes), executive summary (5 pages)

including comments from debrief

Week 5 Week 6

Activity

Week 1 Week 2 Week 3

Draft inception report

Phase 2

Week 4

Location

Remote

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Annex D: Evaluation of Proposal Criteria

Criteria Weight Max Points

Technical criteria 0.70 70*

a. Education / background

• Master Degree that meets educational requirements, with experience in relevant evaluations.

0.10 0.10

10 10

b. Experience and competencies of consultant 0.45 45

• Experience working with programmatic CNAs, including for developing national institutions;

0.10 10

• Experience working in gender equality and women’s empowerment, preferably in VAW and/or GBV or similar;

0.10 10

• Demonstrable understanding of capacity development and strategic planning;

0.10 10

• Knowledge of the UNDP Capacity Development Model is an asset; 0.06 6

• Knowledge and understanding of the Essential Services Package is an asset; 0.04 4

• Strong reporting and analytical skills; 0.02 2

• Fluency in English, both written and verbal. Knowledge of Lao is an asset; 0.02 2

• Experience working in Lao PDR is an asset. 0.01 1

c. Proposed work plan and approach to carry out the assignment

• All aspects of the TOR have been addressed in sufficient detail;

• Implementation schedule (and timing);

• Quality assurance measures.

0.15 0.06 0.06 0.03

15 6 6 3

Financial Criteria 0.30 30

Total points obtainable 1.0 100

*The proposal obtaining a minimum of 49 points in the technical rating will be considered for the financial evaluation.

The contract will be awarded whose offer has been evaluated and determined as:

a) Being responsive/compliant/acceptable and;

b) Having received the highest score out of a pre-determined set of weighted technical and financial criteria:

- Technical criteria weight: 0.70 - Financial criteria weight: 0.30

Note: Any request for clarification must be sent in writing to the following e-mail: surith.sengsavang@undp.org with CC to yunmi.tae@unv.org

Recommended Presentation of Offer

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

qualification:

1. Letter of Confirmation of Interest and Availability using the template provided in Annex III

2. Personal CV or P11 Form, indicating all experience from similar assignments as well as personal

information including age.

3. Technical proposal (maximum 3 pages), including a) a brief description of why the individual

considers her/himself as the most suitable for the assignment; and b) methodology on how s/he

will approach and complete the assignment.

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4. Financial proposal that indicates the all-inclusive fixed total contract price, supported by a

breakdown of costs, as per template provided in Annex III

OFFEROR’S LETTER

Price proposal could be quoted in LAK or US Dollar. Incomplete proposals may not be considered.

Instructions for on-line submissions

Step 1: Please prepare all required documents electronically;

Step 2: Combine all documents in ONE SINGLE FILE (preferably in PDF, but Word format can be also

accepted) and upload it to the UNDP Jobs links

Step 3: After that you will receive an auto reply from the UNDP jobs if your offer is received successfully.

Relevant Documents for Individual Contract

IC contract template & IC General Terms and Conditions _ Annex II

Female candidates and persons with disabilities are encouraged to apply.

For more information, please visit our website under the link below

https://www.la.undp.org/content/lao_pdr/en/home/jobs.html

UNDP Lao PDR will respond in writing by standard electronic mail and will send written copies of the response, including an explanation of the query without identifying the source of inquiry, to all consultants.

Please note that only short-listed candidates will be notified. Qualified female candidates are strongly encouraged to apply. For more detailed information about UNDP Lao PDR please visit our website at https://www.la.undp.org/content/lao_pdr/en/home/