Short-term consultancy for the revision and/or development of legal awareness and legal counselling materials for DRC Afghanistan Protection programme

Annex F

Terms of Reference for Danish Refugee Council (DRC), Consultancy for the revision of legal awareness and legal counselling materials, Afghanistan

Short-term consultancy for the revision and/or development of legal awareness and legal counselling materials for DRC Afghanistan Protection programme and other Protection partners implementing legal aid. The selected consultant will also be responsible for providing capacity building to DRC Protection teams and other protection partners’ staff on the materials developed for the Afghanistan response.

Country Office

DRC Afghanistan

Project Area

All of Afghanistan

Consultancy timeline

45 days from the signature of the contract

Introduction

1. Project

The selected consultant will lead on the revision and/or development of legal awareness and legal counselling materials for DRC Afghanistan Protection programme and other Afghanistan Protection Cluster (APC) partners implementing legal aid in Afghanistan.

The selected consultant will be required to review available research on the changes in the justice system since the takeover from the Islamic Emirate of Afghanistan (IEA) as well as barriers to accessing justice faced by vulnerable population groups; conduct consultations with key Protection actors; and review tools and materials used by protection partners with the aim of acquiring a body of evidence to revise available legal awareness and legal counselling materials and ensure they align with the current context.

The role holder will further support with building the capacity of DRC Protection teams and other Protection cluster’s partners implementing legal aid on the revised legal awareness and legal counselling tools and materials. The trainings on the revised tools to be delivered to DRC protection teams and APC partners need to be delivered in Dari and Pashto. A toolkit for external use by APC partners will also need to be delivered to training participants after the end of the training session.

The consultant can implement the required service either in person or remote modality, with trainings delivered virtually. The delivered trainings will have to be participatory and designed to enable teams to utilise the revised legal awareness/legal counselling materials during field-level implementation.

Context

In Afghanistan, 2021 was characterised by the compounding effect of political and economic collapse and one of the most severe droughts of the last three decades. In 2022, Afghanistan is considered the world’s most complex humanitarian crisis, with 24.4 million people in urgent need of assistance.[1]

August 2021 brought dramatic changes across all Afghan institutions that existed under the former government; the judicial system being one of them. These sudden changes, a lack of resources, and little to no information or transparency on the processes to follow created significant bottlenecks in civilian’s access to justice and civil documentation, especially for women and other minority groups.

The current lack of understanding and documentation of the IEA’s judicial system and its processes creates major challenges for humanitarian actors operating in Afghanistan to resume the provision of legal support activities, and further intensifies the already significant barriers for conflict-affected Afghans to access justice and civil documentation.

Following up from recent research on the Afghan judicial system under IEA (including a recent comprehensive research piece led by IRC), DRC – in close consultations with other Protection actors implementing legal aid in Afghanistan – had identified the need to review current materials for legal awareness and legal counselling as the most impactful intervention for improving current legal services provided by humanitarian partners.

As most of the materials currently used by Protection partners were developed prior to the IEA takeover and the release of recent research on the new judicial system, significant changes can be made to legal awareness and legal counselling materials to ensure that the messages and information provided reflect the most updated information and available legal pathways under IEA. Adjustments to the language used in the awareness sessions can also be considered to maximise the impact of messages in the current context.

1. DRC in Afghanistan

DRC has worked in Afghanistan since the 1990s, through Humanitarian Mine Action, and expanded its scope and reach of programming in 2011 to provide multi-sector and holistic packages of assistance. We currently work in four regions of the country (West, East, South and Central), focusing on the most vulnerable and at-risk of conflict and natural disaster-affected populations, including IDPs, host communities and documented/undocumented returnees.

Under the Strategy 2025, DRC Afghanistan will implement a comprehensive programme aimed at increasing protection and enhancing inclusion across Emergency, Protection, Economic Recovery, Shelter & Settlements, Camp Coordination and Camp Management, and Humanitarian Disarmament & Peacebuilding sectors. Due to the unpredictability of the Afghan context, DRC will maintain capacity to respond to sudden and large-scale emergencies, while also promoting the transition to long-term recovery programming.

The key focus of the mission for the period 2022-2025 is multi-sectoral integration. DRC Afghanistan is uniquely positioned to leverage on complementarities of its complex portfolio to strengthen the impact of its programming on hard-to-reach communities. The overall goal of DRC Afghanistan’s multi-sector programme is to promote favourable conditions for shock and displacement-affected communities to seek safety, claim their basic rights and pursue self-reliance.

DRC mission in Afghanistan currently operates across 18 provinces from four Area Offices and one Country Office. The mission includes more than 800 staff, for a projected portfolio of approximately 50 million USD for 2022.

the consultancy

The objectives of the consultancy are the following:

• Review recent research and assessments on the judicial system under IEA as well as barriers to access to justice and collect primary data if needed

  • The selected consultant shall review available research and other information on the current judicial system under IEA to identify relevant changes to be integrated in the legal awareness and legal counselling materials
  • The selected consultant shall review available assessments on access (and barriers) to justice, including protection monitoring data collected by partners, APC protection monitoring analyses, and other relevant studies with the aim of acquiring the needed information to tailor legal awareness and legal counselling materials to the needs of target population groups
  • If the required data to inform the consultancy’s deliverable is not available through the review of secondary sources, the selected consultant shall gather primary data as necessary

• Review of legal awareness and legal counselling materials

  • The selected consultant should review DRC and other partners’ materials used for the implementation of legal awareness and legal counselling activities to identify best practices as well as areas that require revision to best align with the changes in the judicial system under IEA and current challenges faced by target population groups
  • Interviews with APC and protection actors implementing legal awareness and legal counselling shall also be conducted to identify areas of focus and to best understand how legal awareness and legal counselling activities should be best implemented in the field, including regional variations and/or adjustments depending on different target audience (see women and other minority groups)

• Revision and/or development of legal awareness messaging and legal counselling materials

  • Based on the findings from the initial review of research and best practices, the selected consultant should revise and/or develop new relevant materials for the implementation of legal awareness and legal counselling activities.
  • Materials to be developed will depend on the review of current modalities of implementation across different legal aid actors, best practices and partners’ needs. Materials can include: legal awareness messaging, legal counselling tools, pathways for promoting referral to legal actors (including both humanitarian and non), SOPs, etc.

• Presentation of the revised materials to a review committee

  • Materials developed will be presented to a review committee including representatives from DRC, and other Protection actors implementing legal aid programme for review and approval
  • Following endorsement from the committee, the final tools shall be translated in Dari and Pashto

• Delivery of trainings for DRC Afghanistan Protection staff and other partners implementing legal aid

  • Following the translation of the approved materials, the selected consultant shall deliver trainings to DRC staff and other Protection actors on the materials and their utilisation for the implementation of field activities
  • Following the training, a toolkit including the final legal awareness and legal counselling materials and training package (in English, Dari and Pashto) shall be delivered to training participants for future use

consultancy deliverables

By the end of the consultancy period, the selected consultant will have to satisfactorily complete the following outputs:

1. Inception report, to be developed following the review of recent research on the judicial system under IEA and the review of legal awareness and legal counselling materials, and approved by the consultancy review committee
2. Finalised and approved legal awareness and legal counselling materials (the exact list of materials will be agreed upon with the finalisation of the inception report) in English, Dari and Pashto
3. Finalised training toolkit, including all the materials and training tools
4. Two training sessions: one for DRC staff only and one for other Protection partners implementing legal aid

All outputs will need to be reviewed and approved by DRC Protection Coordinator/Head of Programme and the consultancy review committee, including DRC staff and other selected Protection partners before the completion of the consultancy, to ensure they meet the needs and required standards of quality.

For the purpose of managing the research process, the following interim deliverables are expected from the consultant:

1. Consultancy kick-off meeting and submission of final work plan, detailing the steps and timelines for service completion;
2. Short monthly report on progress/achievements (via Skype call or email);
3. Inception report, to be reviewed and approved by DRC focal point and the consultancy review committee;
4. Training materials and training agenda, to be shared prior to the training for protection staff;
5. Short training report;

The final consultancy’s deliverables will be reviewed for quality and final payment will be made upon submission of all deliverables mentioned in this ToR, transfer of all raw data and training material files, and confirmation from DRC focal point of satisfactory service completion. DRC has sole ownership of all the final data and any findings shall not be reproduced or shared without the expresses written permission of DRC.

** The duties and responsibilities listed are representative of the nature of work required and are not necessarily all-inclusive.

DRC contribution

DRC will allocate a focal point that will support the selected consultant throughout the duration of the project, who will provide needed guidance and support and who will oversee that all deliverables are completed in time and meet required standards of quality.

A consultancy review committee will also be established to: 1) review the inception report; 2) review the draft legal awareness and legal counselling material; 3) support the work of the consultancy by sharing available literature, facilitating contacts with focal points, and identifying relevant training participants.

Consultant Profile

The successful applicant will be a reputable local or international consultant/firm with demonstrable experience and access to Afghanistan, and expertise in conducting large-scale field assessments. Some of the key requirements are:

Required

• Advanced degree in Law
• Detailed understanding of the legal context and humanitarian response in Afghanistan
• Minimum of 5 years of progressively responsible professional experience in a similar capacity
• Proven hands-on practical experience in the implementation of legal aid in humanitarian contexts
• Previous experience in similar research and in the delivery of training to humanitarian staff in fragile contexts
• Strong interpersonal skills and the ability to work within different cultural environments.
• Excellent English written and verbal communication and reporting skills.
• Commitment to DRC Code of Conduct and Safeguarding policy

Desired

• Academic background and/or professional experience in law and legal aid in humanitarian contexts
• Experience working with IDPs, refugees and vulnerable communities from diverse cultures and nationalities.
• Experience with DRC Protection programmes
• Fluency in Dari/Pashto

Documents to be submitted

1. DRC Annexes: Technical Bid from, financial Bid form, Tender contract Acknowledgment Certificate, Supplier Registration form, Supplier Code of Conduct, and General Condition of Contract, copy of past experiences. Copy of NID, Copy of business license.
2. A CV demonstrating relevant experience to the project (with phone number and email address)
3. Detailed budget covering all fees and expenses, which details costs required for each component of the assessment and deliverables
4. At least 3 references related to relevant work previously conducted (with phone number and email address)

Following initial assessment of submitted documents, shortlisted consultants will be invited to an oral interview where candidates will be requested to provide a short presentation (10-15 minutes) explaining the proposed workplan, methodology for delivery and relevant work experience. The assessment of the submitted CVs, samples of comparable work, and oral presentation will represent the basis for the technical assessment and selection of the Protection Specialist (PSS).

COMMITMENT to principled service delivery

In light of the current context in Afghanistan and the sensitivity of the matter treated under this consultancy, the selected consultant shall commit to the following the following principles throughout the entire duration of the engagement with DRC and with regards to the use of the materials collected during the service after the end of the work:

1. Do no harm
2. Free prior informed consent
3. Informant confidentiality
4. Protection of information
5. Non-discrimination and respect
6. Ethical data collection
7. Holistic participation
8. Collaborative learning
9. Cultural sensitivity

Evaluation of consultants

• Administrative Evaluation

A bid shall pass the administrative evaluation stage before being considered for technical and financial evaluation. Bids that are deemed administratively non-compliant may be rejected. Documents listed above shall be submitted with your bid

• Technical/financial Evaluation

Technical/Finance proportion: 75/25

Minimum passing technical score 50

The technical criteria for this consultancy and their weighting in the technical evaluation are:

Technical criteria #

Technical criteria

Means of verification

Weighting in technical evaluation

1

Technical quality of the proposal

Interview

30%

1.2

Demonstrated understanding of the methodology and requested deliverables, all important components of the ToR are sufficiently addressed and considered

Style, language, sophistication, and presentation

2

Expertise and access

30%

2.1

Demonstrated previous experience of working in Afghanistan

Interview/CV

10%

Demonstrated experience in conducting similar works in fragile contexts and for NGOs

Interview/CV

10%

2.2

Must have access to or presence in Afghanistan, at least for the delivery of the required trainings for DRC staff and partners

Interview/CV

10%

3

Personal Qualifications (of staff involved in the project)

30%

3.1

Advanced degree in Clinical or Counselling Psychology, Mental Health, Social work or related field

CV

15%

3.2

Minimum of 5 years of progressively responsible professional experience in a similar capacity

CV

15%

Reference

At least three references are required to be submitted along with the RFP document by consultant or consultancy Services

10%

Total Maximum Score

100%

*Financial Evaluation: the financial evaluation will be conducted based on the best value for money Principle of DRC. In which technically accepted bids will go under financial evaluation.

[1] OCHA, Humanitarian Response Plan 2022, January 2022

How to apply

Interested bidder/s can go to below link and apply as per the requirement of the RFP.

https://www.acbar.org/site-rfq/18732

for any questions please send email to below

[email protected]