Background
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As Africa’s most populous country
and as one of the world’s fastest-growing economies, Nigeria is not
immune to corruption challenges. Over the past decades, Nigeria has
developed an impressive array of legal frameworks and set-up numerous
institutions to combat corruption more effectively. Nevertheless,
Nigeria continues to struggle with the impact of corruption on the
day-to-day lives of its citizens. Corruption undermines the Government’s
ability to provide public services, rule of law and public security.
Corruption directly affects the well-being of the country’s population
and its ability to rise out of poverty. With support from the European
Union, the United Nations Office on Drugs and Crime (UNODC) is
implementing a project on “Support to Anti-Corruption in Nigeria”
(FED/2012/306-220)(NGAX60) involving fourteen (14) beneficiary Agencies.
One
of the Agencies supported by the project is the Technical Unit on
Governance and Anti-corruption Reforms (TUGAR), which has the mandate of
being the think-tank of Nigeria’s official anti-corruption community.
TUGAR is a research, monitoring and evaluation entity. It was set up in
2006 to meet the critical need for a rigorous approach to policy making
and governance, informed by systematic empirical data collection and
analysis. TUGAR has the mandate to analyze policies, provide advice and
make country-specific diagnostics on corruption and related governance
issues.
The main objective of the assignment is to provide
technical assistance to TUGAR to conduct a scoping survey and gap
analysis of the ethics framework in Nigeria.
The survey aims to
improve the content of the ethics frameworks in Nigeria and enhance the
process of their implementation. Specifically, the project aims to:
- Identify and analyze existing ethics frameworks in the Nigerian public sector, as well as the enabling mechanisms;
- Identify service wide ethical codes and sector-specific ethical codes;
- Identify
and analyze existing private sector ethics frameworks: Regulatory
Codes, Voluntary Codes and Professional Ethics Codes;
- Identify the ethics codes in the informal sector;
- For
each category, the survey will identify and analyze the existing
frameworks as well as the implementation mechanisms and structures; and
- Identify gaps, make appropriate recommendations and propose remediation plans.
The
result of the survey will be used as a basis for training the
management and personnel of Anti-Corruption Agencies on preventing and
prosecuting corruption in accordance with global good practices. The
ethics frameworks will therefore be integrated into the corruption
prevention and anti-corruption enforcement mechanisms of the nation.
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Duties and Responsibilities
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Under the direct supervision of the
Deputy Project Coordinator in consultation TUGAR, the consultant shall
in collaboration with the lead consultant perform the following:
- Together with other consultants, develop methodology and workplan in line with TUGAR’s requirements and agreed by UNODC; and
- Conduct research scoping survey and gap analysis of the ethics framework in Nigeria by;
Carry out Preliminary Desk Review or Archival Work to:
- Provide overall legal advisory services to the ethics scoping research activity;
- Identify and analyze the legal and policy instruments setting up the various professional bodies and entities to be scoped;
- Provide
conceptual clarifications between Code of Ethics and Code of Conduct
and disaggregate the entities which have either or both;
- Distinguish
between those professional bodies that have Codes of Ethics and/or
Codes of Conduct from those that do not have them;
- Produce an annotated selection of relevant professional bodies and associated regulatory institutions in Nigeria;
- Distinguish between registered and unregistered professional bodies;
- Distinguish between trade unions and professional bodies;
- Identify Codes of Ethics and Codes of Conduct with high levels of specific and explicit anti-corruption components or contents;
- Produce
an annotated selection of anti-corruption organizations and
institutions in Nigeria (public sector, private sector, NGO); and
- Commence
the compilation of a data bank on the Codes of Ethics and Codes of
Conduct in existence in Nigeria plus the establishment Acts of the
regulatory bodies associated with them.
Field Work:
- Confirm
existing ethics frameworks (Codes of Ethics and Codes of Conduct)in the
public sector (service wide code and sector specific codes) and the
enabling institutional mechanisms;
- Identify existing private sector ethics frameworks (Regulatory Codes, Voluntary Codes and Professional Ethics);
- Identify
and classify existing ethics codes and practice standards in the
informal sector , as well as the compliance or enforcement mechanisms;
- Generate
data and analytical reports benchmarked against the UN Convention
Against Corruption (UNCAC), the AU Convention on Preventing and
Combating Corruption (AUCPCC), the ECOWAS Protocol on Corruption, other
relevant international best practices and Nigeria’s anti-corruption
domestic laws and policies.
Further Data Gathering and Data Analysis
With the aid of questionnaires and other survey instruments:
- Identify
within each Code of Professional Ethics scanned-the code of fundamental
principles; the conceptual framework for applying those principles in
certain situations; the threats and safeguards; the part that applies to
all members or only to members in practice or to members in business;
- Indicate
the sectors or sub-sectors in which there are Codes of Professional
Ethics as well as peculiar Codes of Conduct and identify both the
advisory and enforcement institutional mechanisms to ensure compliance;
- With
respect to the codes of professional ethics, benchmark the ethical
principles against both international standards of ethical conduct and
domestic standards of professional conduct; and
- With regard to
the Codes of Conduct, benchmark the institutional mechanisms and
procedures for achieving compliance against international best practices
with a view to mapping the gaps.
Based on the Field Work:
- Evaluate
the extent to which the contents of the codes of professional ethics
are known, first to the members of the profession, and then to the
members of the wider public;
- Also evaluate, with regards to the
Codes of Conduct, the extent to which the role and powers of the
institutional mechanisms for compliance and enforcement and the
procedures for complaints by aggrieved members of the public are known
to operators in the sector as well as the general public;
- Identify
the existence of a body of persons having a consultative or advisory
role, and which is available to a professional occupying a position of
trust, to provide guidance in the case of an ethical dilemma;
- Identify
and evaluate the nature of ethical training given to professionals in a
specific sector or sub-sector, indicating whether or not they have
training manuals, and specifying the sources of funds for the training;
- Provide legal opinion on strategies to strengthen the content and implementation of the various Codes;
- Write a final report of all activities undertaken during the consultancy with recommendations.
Payments will be made only upon satisfactory completion of output and acceptance of report of each deliverable.
All
the outputs should meet the satisfaction of UNODC, as assessed by the
Project Coordinator – Support to Anti-corruption in Nigeria project in
consultation with the Head, TUGAR, according to the following
indicators:
- Adherence to the methodology and workplan agreed with TUGAR and UNODC;
- Quality of the documents produced; and
- Timeliness of delivery.
Individual
consultants will be evaluated using the Cumulative Analysis
methodology. When using this weighted scoring method, the award of the
contract should be made to the individual consultant whose offer has
been evaluated and determined as:
- Responsive/compliant/acceptable,
and having received the highest score out of a pre-determined set of
weighted technical and financial criteria specific to the solicitation;
- Technical Criteria weight: 70%;
- Financial Criteria weight: 30%.
Only candidates obtaining 70 percent in the technical evaluation will be requested to submit a financial bid.
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Competencies
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- Ability to work under pressure;
- Ability to work in a multicultural setting;
- Proven strong research, analytic and drafting skills;
- A working knowledge of the global anti-corruption environment including legal frameworks and policies.
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Required Skills and Experience
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Education:
- Advanced University degree in Law.
Experience:
- At
least 10 years of experience in research and analytical work including a
robust knowledge of the anti-corruption and related governance
environment in Nigeria;
- Experience and knowledge in working
with global anti-corruption frameworks such as The African Union
Convention in Preventing and Combatting Corruption, the ECOWAS Protocol
against corruption and the United Nations Convention Against Corruption
(UNCAC);
- Experience in working with anti-corruption agencies and
professional bodies in similar research and analytical work including a
vast knowledge of their enabling laws and frameworks; and
- Specific experience and knowledge about governance issues and experience working with UN agencies will be an advantage.
Language:
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UNDP is committed to achieving workforce
diversity in terms of gender, nationality and culture. Individuals from
minority groups, indigenous groups and persons with disabilities are
equally encouraged to apply. All applications will be treated with the
strictest confidence.
To apply, visit: http://jobs.undp.org/cj_view_job.cfm?cur_job_id=60162
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