UNITED NATIONS DEVELOPMENT PROGRAMME
TERMS OF REFERENCE
I. Position Information
Title: Conduct Lawyer’s Training in Constitutional Law and Participatory Constitution Building Process
Department/Unit: Support to Participatory Constitution Building in Nepal (SPCBN)
Reports to: Senior Legal Officer
Duty Station: Kathmandu.
Expected Places of Travel (if applicable): Program Areas
Duration of Assignment: 3 months (March 15 – June 15, 2015)
□ partial (explain) - NA
□ intermittent (explain) -NA
□ full time/office based (needs justification from the Requesting Unit)-NA
Available Budget:
PROVISION OF SUPPORT SERVICES:
Office space
Equipment (laptop etc)
Secretarial Services
Yes
Yes
Yes □
No □
No □
No □ – N/A
Signature of the Budget Owner : ………………………………….
II. Background Information
Support to Participatory Constitution Building in Nepal project was launched on 1 May 2008, to respond
to the two major challenges that Nepal faces in the post-CA election period: (1) to ensure the successful
establishment and functioning of the Constituent Assembly; and (2) to ensure broad-based, balanced and
meaningful public participation in the constitution building process. UNDP/SPCBN project has been
providing technical assistance to the CA Committees, CA secretariat and various Caucuses based on their
demands to build consensus on constitutional issues. The mandate of the Constituent Assembly has been
extended by six months and within this time period the CA is mandated to come up with the final
Constitution.
The CA is in the process of making new constitution, but local level Lawyers are still not very much clear
on some of the key constitutional issues like federalism, forms of government, electoral system, judiciary,
bill of rights etc. Still there are myths and misconceptions on the federal arrangement, constitutional court,
electoral system, inclusion etc. Legal communities and political parties have different perceptions on these
key contentious issues.
SPCBN project therefore aims to clarify such myths and misconceptions and update the stakeholders of the
major hubs of the country through regional level trainings young and professional lawyers as the quality of a
nation’s legal system necessarily depends on the caliber of its legal practitioners. Lawyers and judges
ultimately hold the keys to due process, rights protection, and the dispensation of justice in society. In the
most post-conflict societies today, legal practitioners rely on Continuing Legal Education programs on
participatory constitution building to keep abreast of changes in the profession and in their specific areas of
practice. With this realization, SPCBN/UNDP together with Nepal Bar Association conducted similar
trainings in and outside Kathmandu. Its main objectives are to improve quality of professional knowledge
and skills of lawyers specially on constitutional issues and to enhance the comprehensive knowledge on
constitutionalism and rule of law, to seek and short out the grounds of the former CA became failure to
promulgate the constitution from constituent assembly-II, to scrutinize the debates on the thematic issues i.e.
federalism, state restructuring and independence of judiciary related discourse in former CA-I and to explore
the role of the practicing lawyers to facilitate to the major actors and stakeholders involvement in the
constitution making process.
Main Objectives of such program is to clarify such myths and misconceptions, help CA to consolidate the
common understanding and minimise the risk of potential conflicts in the communities through lawyers
and also enhance the capacity of legal communities on constitutional debate.
For this, SPCBN project has already supported Nepal Bar Association and conducted more than 10
trainings in Kathmandu and various hubs of the country including Biratnagar, Jhapa, Rajbiraj, Janakpur,
Pokhara, Butwal, Dang, Nepalgunj etc in it’s previous phases. SPCBN project planned three similar
trainings to be conducted in Baglung, Chitawan and Surkhet in which at least 105 Lawyers will be
benefitted in the first half of 2015.
III. Objective of the Assignment:
The objective of the assignment is ;

To provide continued legal education and promote a higher level of understanding on
constitutional issues, in particular, on federalism, inclusion, and independence of judiciary and
other thematic areas relating to constitution building among lawyers.

To explore the role of the practicing lawyers to facilitate with the major actors and stakeholders
involvement in the participatory constitution making process enhancing the comprehensive
knowledge on constitutionalism and rule of law, legislature and legislative process.

To demystify myths, misconceptions and fears persisted among the stakeholders on key
constitutional contentious issues to promote informed understanding of local-level lawyers.

To create a platform for the civic education for the public consultation and also constitution
implementation through professional organizations and members.
IV. Scope of work Expected Results/Deliverables/Final Products Expected
Duties and Responsibilities
In close consultation with the Senior Legal Officer, the grantee will be responsible for;



Conducting three trainings (two and half days each) in the selected areas including inviting participants from
nearby districts – at least three districts participants in each of the program.
Invite diverse participants available in the selected hubs.
Maintain highest quality of the presentations and share presentations in advance to the project team through
Senior Legal Officer,



The program venue, participants list and the expert should be finalized only after consulting with
SPCBN.
Conduct pre and post evaluation of the training.
The service provider will submits reports on regular basis including final report after completion of
the programs.
Deliverables:
 Conduct 3 Trainings in pre-selected areas/ districts on “Lawyer’s Training in Constitutional Law
and Participatory Constitution Building Process ,
 Invite 105 young lawyers (35 in each of the program) from diverse groups
 A compiled detail report consisting of feedbacks from the participants.
 Financial report has to be submitted after the completion of the program.
Condition:
The technical proposal must include methodology, profile of the organization in Annex, quality assurance,
name of the expertise/resource persons, CVs of key persons in annex, and registration certificate in Annex.
V. Requirements
Describe the required degree of expertise and qualifications, including specialized knowledge, language
needs, experience, selection criteria, qualifications and performance or other standards the Contractor must
fulfill.
VI. Recruitment Qualifications
Experience:
 Minimum 5-10 years’ experience in conducting lawyer’s
(Organization experience)
training and or working with legal communities on
constitutional issues,
 Have wider network throughout the country;
 Have proven expertise on federalism, forms of
government, judiciary, bill of rights, electoral system,
human rights and inclusion,
 Have experiences working with UNDP and other UN
system;
VII. OTHER SELECTION CRITERIA
Have good track records of previous works:





Understanding of TOR
Methodology
Experience in the subject matters
Human resources
Inclusiveness