Terms of Reference for the National Consultant on Functional Analysis of the Ministry of Labour and Social Development

Transcription

1 Terms of Reference for the National Consultant on Functional Analysis of the Ministry of Labour and Social Development Location: Category: Bishkek, Kyrgyzstan (home-based) UN Women Application Deadline: 24 th of January, 2017 Type of contract: Post level: Application Type: Consultant - Special Service Agreement (SSA) National Consultant External Languages required: Fluent in written and spoken Russian. Working knowledge of Kyrgyz and English language is an asset. Starting date: 30 th of January, 2017 Duration of assignment: 40 working days (from 30 th of January to 15 th of May, 2017) I. Background UN Women, grounded in the vision of equality that is enshrined in the Charter of the United Nations, works to eliminate discrimination against women and girls; empower women; and achieve equality between women and men as partners and beneficiaries of development, human rights, humanitarian action and peace and security. UN Women s work in Kyrgyzstan is aligned with its corporate priority areas: promotion of women s economic empowerment; elimination of violence against women and girls, engagement of women in all aspects of peace and security processes; and making gender equality central to national development planning and budgeting. As a part of the United Nations Country Team, UN Women supports the government and civil society in the implementation of international commitments on women s rights and gender equality. The Kyrgyz Republic ratified key UN Conventions on human rights and gender equality and developed the most progressive national gender legislation and policy framework in the sub-region. The Government of the KR has made a lot of effective efforts in putting its gender equality and sustainable development agenda forward, which resulted not only in the first ever long-term National Gender Equality Strategy (NGES) , but also in the first National Sustainable Development Strategy (NSDS) and its implementation programme. The National Action Plan on UN Security Council Resolution on Women, Peace and Security 1325 is being implemented since The Government re-affirmed implementation of international obligations on Sustainable Development Agenda 2030 through nationalization of Sustainable Development Goals (SDGs) and establishment of the Coordination Committee on SDGs in February The issue of strengthening the national institutional mechanism on gender policy implementation as one of the priorities has been recognized by the Government of the Kyrgyz Republic; and it is reflected as one of the priority tasks of the measures matrix of all the previous National Action Plans (NAPs) to achieve gender equality in the Kyrgyz Republic and years. The first functional analysis of the public administration system in order to determine stability of the national gender mechanism was undertaken in 2009 with financial and technical support from UNDP. Conduction of the functional analysis was ordered by the Government of the Kyrgyz Republic to a group of local experts who

2 have worked in close cooperation with the Government Office. The report covered all branches of the government legislative, judicial and executive, and all levels of governance: national, sectoral, regional, and local. Key recommendations of the report included the following: a) clear division of functions and responsibilities for national gender policy coordination and implementation; b) strengthen institutional capacity of national gender mechanism by establishing the Gender Policy Department in the Ministry of Social Development; c) strengthen institutional and technical capacity of gender focal points at all levels; d) ensure gender-sensitive sectoral and local policy formulation and budget distribution; e) strengthen coordination capacity of the National Council on Gender Equality, state bodies and LSGs and their interaction with civil society organizations. Although the findings of the functional analysis were presented at the meeting of the National Council on Gender Equality and functions of the national gender mechanism were transferred to the Ministry of Social Development in 2011, not all recommendations of the report were considered when reforming the Government, in general and, the national gender mechanism, in particular. Furthermore, according to the Alternative NGO reports on CEDAW, the follow-up steps have weakened the authorized body. Thus, measures to improve national gender mechanism and implement gender-responsive sectoral policies are included in the NAP (Section on Regulatory policy). The Ministry of Labor and Social Development (MLSD) of the Kyrgyz Republic is a key partner of UN Women Country Office in the Kyrgyz Republic as the authorized body to coordinate the implementation of the national gender policy. The terms of reference of the MLSD was formed following the merger of a number of tasks and functions at work, and issues related to social development and gender equality. In addition, in 2016 structural units responsible for national employment policy were transferred under the subordination of the Ministry. Currently, the Ministry has a complex organizational structure with various functions, implements a number of public policies and programs, provides secretariat support to the National Council on Gender Equality and coordinates gender policy while administering social benefit payments, and provides services directly to citizens. In April-May of 2014, Enhancement of work efficiency (functional analysis) with the support of USAID project was implemented at the Ministry of Social Development. Following the results of the analysis it was recommended that the Ministry establish modern human resources management and monitoring and evaluation systems, update the information system, improve staff s ICT skills, improve public finance management system in order to increase transparency and reduce the risk of corruption, create within the Ministry s structure a Department of Homeless Services, develop and implement a communication strategy. Along with that, authors point out that spectrum of this evaluation research was narrow and specific, and there was no intention to cover the entire social development system, under the framework of which the MSD is being developed. Effective and efficient national policies implementation by the MLSD requires a comprehensive management and financial analysis to create the structure and functions of the management adequate for the national policies goals and objectives set before it. The status of the authorized body on national gender policy requires internal gender capacity in all areas of work of the Ministry, coherent and precise mechanisms of interaction of all structural units on implementing the National Strategy for Gender Equality (NSGE) and prioritization of gender agenda of the Sustainable Development Goals (SDGs) with a cross - sectoral context. In addition, in 2014 the MLSD was declared one of the pilot ministries on implementing gender-responsive and programme budgeting and one of the key partners of UN-Women global project Strengthening financial accountability to achieve gender equality, implemented with the support of the European Union. In 2016, the MLSD started to cooperate with UN Women and the National Monitoring and Evaluation network on analyzing the existing monitoring and evaluation system, its compliance and concurrence with Sustainable Development Goals and joint development of a monitoring and evaluation of SDG, through the lens of gender equality and social justice. The current budgeting practices do not include sufficient allocation of resources required for implementation of national gender equality commitments; an assessment of national and sectoral programmes outcomes or its impact both on men and women is not conducted either. The ministry s budget is structured based on expenditures with no connection to the outcomes resulting from policy implementation and services provision. Analysis of the results of working with the MLSD on gender- 2

3 responsive budgeting and monitoring and evaluation confirmed a problem of weak internal communication, insufficient capacity to coordinate and implement programmes, their monitoring and evaluation, and to implement gender-responsive and programme budgeting. Given the important mandate of the MLSD in coordinating and implementing the National Sustainable Development Strategy (NSDS), NSGE and other relevant national programs, in nationalizing the 2030 Agenda of Sustainable Development through the lens of gender equality and social justice, and to promote result-based governance, the Ministry appealed to the UN Women CO with a request to assist in conducting high-quality and comprehensive functional analysis of structures of the Ministry and budget analysis for compliance with the methodology of gender-responsive and programme budgeting. The following works must be conducted in order to realize this objective: - Gender-responsive policy analysis and development of recommendations on the implementation of national and sectoral programs and policies that are under the responsibility of the Ministry; - Functional analysis and development of recommendations on management structure of central, jurisdictional and territorial levels; - Gender-responsive and programme analysis of the Ministry s budget planning and management, in terms of compliance with budget objectives and expected results of relevant national and sectoral programs. A working group from a number of key MLSD employees and external national consultants will be formed to fulfill the terms of reference, in the following composition: - A national consultant on functional analysis/national consultants team leader; - A national consultant on budget and finances analysis; - A national consultant on social development policy analysis through the lens of gender equality and social justice. The working group will cooperate and coordinate implementation of the assignment with a group of UN Women national consultants on gender-responsive SDGs nationalization. The current ToR is envisaged for the assignment of the National Consultant on functional analysis/team leader. II. Scope of Work/Duties and Responsibilities Under the direct supervision and guidance of the UN Women National Programme Officer and in close coordination with the MLSD, the National Consultant on functional analysis will coordinate the work of a group of national consultants and provide substantive support to the MLSP in improving institutional and functional capacity of the ministry in terms of SDGs nationalization/adaptation process in Kyrgyzstan. The assignment includes but is not limited to the following tasks: Output 1. Study existing reports and analytical documents, and develop methodologies and tools to conduct functional analysis, policy analysis and budget and finance analysis of the MLSD Develop a detailed plan and consolidated work schedule of the Working group of the national consultants. Submit the documents to the MLSD and UN Women CO for approval; 1.2. Review existing reports and analytical documents on MLSD activities, including: functional analysis report on the National Gender Mechanism in the Kyrgyz Republic (2009); Report on enhancing work efficiency (functional analysis) of the Ministry of Social Development of the Kyrgyz Republic (2014); Concluding recommendations of the Committee on the Elimination of All Forms of Discrimination against Women for the 4 th Periodic Report of the Kyrgyz Republic; monitoring reports on implementing the 3

4 National Strategy for Gender Equality ; National Review on the Implementation of the Beijing Platform for Action (Beijing + 20), etc.; 1.3. Based on findings of above-mentioned reports and analytical documents develop functional analysis methodology and tools (questionnaires/focus groups, etc.) to collect data on MLSD activities, analyze existing mechanisms for the implementation of the national and the sectoral programmes, identify organizational and human resources allocated for the implementation of existing functions, duplication of functions between structural, subordinate, and territorial units and conduct an analysis of interested parties (stakeholders) of the Ministry; 1.4. Organize a discussion of the functional analysis methodology and tools with the group of UN Women national consultants on gender-responsive SDGs nationalization and other relevant experts and submit the methodology and tools for approval to the MLSD and the UN-Women CO in Kyrgyzstan. Output 2. Conduct functional analysis (effectiveness analysis) of the MLSD, in the context of stated objectives and commitments taken in priority areas of gender equality, labor, employment and social protection. Develop recommendations on including amendments to the normative and legal acts, regulating the Ministry s activity Conduct a survey of staff of structural, subordinate, and territorial units, assess distribution of existing functions within the Ministry, and analyze business processes - based on agreed goals, objectives and compliance with administrative regulations; 2.2. Identify organizational and human resources allocated for the implementation of existing functions; 2.3. Identify duplication of functions between structural, subordinate, and territorial units; 2.4. Conduct an analysis of interested parties (stakeholders) of the Ministry; 2.5. In collaboration with the national consultant on social development policy analysis to develop recommendations on amendments to the normative and legal acts, regulating the Ministry s activity: - On improvement of the structure and functions of the Ministry, considering the elimination of redundant functions and possible conflicts of interest between units; - On formulating functions of central office of the MLSD and its units in implementing objectives and activities of the national and sectoral programmes in the areas of gender equality, labor, employment and social protection; - Draft Charter of the Ministry based on functional and policy analysis results Consolidate the report on functional analysis and conduct consultations and discussions of the report and amendments to legal and normative acts with the MLSD working group and key partners from state institutions and civil society organizations, including the group of UN Women national consultants on gender-responsive SDGs nationalization; 2.7. Finalize the report on functional analysis and draft normative and legal acts based on the comments received. Present a consolidated report of the working group for approval to the MLSD and the UN Women Country Office. Outcome 3. Develop capacity and facilitate participatory development of an action plan on implementation of recommendations of the functional, policy and budget analysis through a series of workshops with the MLSD staff members. Consolidate a final report on results of the working group of national consultants Coordinate the group of national consultants on development of workshops programmes on a functional, policy and budget and finances analysis in line with the methodology of gender-responsive and programme budgeting and implementation of the recommendations; 3.2. Together with the national consultants conduct a series of workshops for the members of the working group of the MLSD and other relevant staff members (at least 2 workshops for 30 staff members) aimed on the following: 4

5 - Functional, policy analysis, budget and finances analysis in line with the methodology of genderresponsive and programme budgeting; - Facilitation of participatory development of an action plan on implementation of recommendations of the functional, policy and budget analyses Prepare the final consolidated report of the working group on activities executed, recommendations on follow up and lessons learned and present the results at the meeting of the National Council on Gender Equality of the KR Finalize the final report and submit for approval to the MLSD and UN Women Country Office. III. Timeframe, payments and deliverables The duration of the consultancy is through 15 May 2017, with approximately 40 fee days: Payment will be made in KGS in three instalments per reported number of fee days based on submitted and approved Time Sheet, and after all the deliverables are submitted, accepted and approved: Assignment Deliverables: # Deliverables Approximate number of days Deadlines - A progress report on activities implemented; February 25, - Detailed plan and consolidated work schedule of 2017 the Working group of the national consultants; - Methodology and tools for functional analysis of the MLSD; - Structure and format of the draft final report A progress report on activities implemented, including agenda and registration list of expert s meetings/consultations; - Functional analysis of the MLSD on implementation of the national and the sectoral programmes in priority areas of gender equality, labour, employment and social protection; - Draft normative and legal acts regulating activity of the MLSD. - Final consolidated report of the working group with a summary of implemented activities, recommendations on follow up and lessons learned; - Action plan on implementation of recommendations of the functional analysis, policy analysis, budget and finance analysis; - Agenda, handouts and registration list of participants of series of workshops with MLSD staff members. 15 March 25, May 1, 2017 Inputs UN Women will provide the Consultant with a background and resource materials on GEWE policy and the Sustainable Development Agenda. 5

6 The consultant is expected to work remotely using her/his own computer, but may access the UN Women office to print relevant documents or whenever required to work on-site at any point during the assignment. Performance evaluation: The contractor s performance will be evaluated against criteria such as timeliness, responsibility, initiative, communication, accuracy, and quality of products delivered. The evaluation will be carried out and cleared by the hiring manager and it will also serve as the basis for payment on a delivery by delivery basis to the consultant. VI. Core competencies and values: Core Competencies Demonstrates integrity and fairness by modelling UN values and ethical standards; Displays cultural, gender, nationality, religion, and age sensitivity and adaptability. Communication Facilitates and encourages open communication and strives for effective communication. Planning and Organizing Develops clear goals in line with agreed strategies, identifies priorities, foresees risks and makes allowances (adjustments) accordingly. Develops a realistic work plan in line with the TOR deliverables. Organizational Awareness Demonstrates corporate knowledge and sound judgment. Teamwork Demonstrates the ability to lead and coordinate a team, to work in a multicultural, multi-ethnic environment and to maintain effective working relations with people of different national and cultural backgrounds. Accountability Takes ownership of all responsibilities and delivers outputs in accordance with the agreed time, cost and quality standards. V. Required Experience and Skills: Qualifications Education: Advanced (Master s) degree in social sciences, law, public policy/administration, economy, development studies, gender studies or similar. A PhD is considered an asset. Experience: 5 years of experience in consulting and developing strategic and policy documents on public administration and good governance; 3 years of expertise in conducting functional review of state institutions; Proven experience in coordinating multi-stakeholder consultation processes and strategic/policy paper development; Proven experience in working with state institutions; Previous professional experience with the United Nations is considered an asset. Languages and other skills: Proficient in spoken and written Russian. Working knowledge of Kyrgyz and English languages is an asset; Computer literate and able to effectively use office equipment, IT tools, and able to use the Internet and . 6

7 VI. Evaluation of Applicants: Applications will be evaluated based on the cumulative analysis, taking into consideration the combination of applicants qualifications and financial proposals. A two-stage procedure is to be utilized in evaluating proposals; evaluation of technical proposals will be completed before price proposals are compared. The contract should be awarded to an individual whose offer has been evaluated and determined as: Responsive/compliant/acceptable Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation. Technical criteria 70% of total evaluation max 70 points: The total number of points allocated for the technical qualification component is 70. The technical qualification of an individual is evaluated based on the following technical evaluation criteria: Criterion A Relevant education Technical Evaluation Criteria Maximum obtainable points Max. points 10 if the mandatory requirement is met Criterion B Relevant Experience with a total for all the following criterion 50 5 years of experience in consulting and developing strategic and policy 15 documents on public administration and good governance 3 years of expertise in conducting functional review of state institutions 20 Proven experience in coordinating/facilitating multi-stakeholder consultation 10 processes and strategic/policy paper development Proven experience in working with state institutions 5 Previous professional experience with the United Nations is considered an asset Yes/No Criterion C Language and other skills - with a total for all the following criterion 10 Proficient in spoken and written Russian. Working knowledge of Kyrgyz or Yes/No English languages is considered an asset Computer literate and able to effectively use office equipment, IT tools, and able Yes/No to use the Internet and Total Obtainable Score 70 Financial/Price Proposal evaluation: Only candidates who have attained a minimum of 49 points in the technical evaluation of their financial proposals will be considered and evaluated. The total number of points allocated for the financial/price component is 30. The maximum number of points will be allotted to the lowest price proposal that is opened/ evaluated and compared among technically qualified candidates who have attained a minimum of 49 points in the technical evaluation. All other price proposals will receive points in inverse proportion to the lowest price. Evaluation of submitted financial offers will be conducted based on the following formula: S = F min / F * 30 (S - score received on financial evaluation; F min - the lowest financial offer out of all the submitted offers qualified over the technical evaluation round; F - financial offer under the consideration). 7

8 Financial proposal format: # Item Unit cost in KGS Number of units Total cost in KGS 1 Daily fee rate 40 2 Other related costs (to be specified) TOTAL N/A N/A VII. Application and submission package: The candidate s application should include: P11* A brief Letter of Interest containing a statement on candidate s experience in the field of recruitment. A financial proposal; the financial proposal shall specify a total lump sum amount in KGS with a breakdown of the daily professional rate per number of anticipated working days, all costs (telephone, and other consultancy related costs etc.) should be included. * Completed and signed UN Women Personal History (P-11) form that can be downloaded from: Interested candidates are requested to apply no later than 09:00 am, January 24, 2017 by sending 2 attachments: 1) technical (P-11 and a Letter of Interest) as well as 2) financial proposals to the following address hr.kyrgyzstan@unwomen.org with the subject line Application to Vacancy National Consultant on functional analysis MLSD All applications must include (as an attachment) P11, a letter of interest and a financial proposal. Applications without full package of required documents will be treated as incomplete and will not be considered. UN Women applies a fair and transparent selection process that takes into account competencies/skills of applicants as well as their financial proposals. 8