Republic of Moldova

International Consultant on Legislation and Rules regarding Whistleblowing and Protection of Whistleblowers - Chisinau

Vacancy Number: Pr16/01198

Location:	Chisinau, Moldova
Application Deadline:	15 Feb 2016, 10:00 (GMT+2:00)
Type of Contract:	Individual Contract
Starting date:	29 Feb 2016
Reference to the project:	Strengthening the corruption prevention and analysis functions of the National Anticorruption Center Project
Expected Duration of Assignment:	March-April 2016
Submission Instructions: Proposal should be submitted online by pressing the "Apply Online", no later than 15 February, 2016. Requests for clarification must be sent by standard electronic communication to the following e-mail olga.crivoliubic@undp.org. UNDP will respond 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 applicants. Please find this vacancy and apply through http://jobs.undp.org/cj_view_job.cfm?cur_job_id=63490.
Supporting Documents: Terms of Reference Individual Consultant Procurement Notice Personal History Form (P11) UNDP General Conditions of Individual Contract

Contacts:

Ms. Olga Crivoliubic.

olga.crivoliubic@undp.org

Background

Although corruption is a major challenge for a sustainable development in Moldova and fighting corruption is declared one of the main government priorities, Moldova lacks a comprehensive law on protection of whistleblowers, after an unsuccessful attempt to pass such a law in 2008.

The National Anti-corruption Strategy 2011-2015, currently in force, provides for the encouragement of the corruption disclosure, including strengthening the efficiency of hotlines by setting clear responsibilities of the employees regarding the hotline activity; creating mechanisms for not disclosing the  identity and protecting  the  persons  who  report  to  the  competent  authorities  regarding  the potential  acts  of  corruption;   regulating  the  obligation  of examining anonymous petitions which contain information about the alleged corruption acts, etc. One of the indicators for this measure included adopting of law regarding the protection of the informers.

In 2013, the ”Framework Regulation on Whistleblowers” was passed by the government. It envisages creating a system to provide civil servants with opportunities to report malpractice within public authorities and protect them from retaliation. Public servants may report acts of corruption and violation of conflict of interest and asset declaration procedures. Results of reporting are to be sent to the whistleblower within 30 days. The framework does not provide for legal protection for employees of private companies. 

The framework requires all public authorities to set up internal regulation on whistleblowing. According to the Report of the Regional Anti-Corruption Initiative, 92 percent, corresponding to about 29 authorities, have adopted internal regulations. However, thus far, there is no system to track whistleblower reports. According to the same report, based on the communication with NAC, there is no mechanism to collect statistics of reports made to public institutions. The government does not track whistleblower cases reported according to the law on civil servants.  [1]

According to the The Acton plan for the implementaton of the Justice Sector Reform Strategy for the years 2011 -2016, adopted as a precondition for signing the EU-Moldova Association Agreement, a national whistleblower system is envisaged to be set by 2016. It provides for strengthening the system of whistleblowing (inside and outside the system) by 2016 as a measure for the Strategic Direction of "Developing a culture of intolerance towards the phenomenon of corruption through selfgovernance bodies from the justice sector”.  The measure includes developing a study on whistleblowing; developing and adopting a law on amending regulatory framework; creating and implementing the mechanism of functioning of wgistleblowing system.

Based on the aforementioned strategic documents and also priorities of the government program, NAC initiated drafting a comprehensive law on whistleblowing and protection of whistleblowers.

Strengthening the corruption prevention and analysis functions of the National Anticorruption Center (NAC) project implemented by UNDP in partnership with the NAC and funded by the Government of Norway, intends to engage an international consultant to provide analytical support and expertise to NAC in drafting a comprehensive law on whistleblowing and protection of whistleblowers and provide a two-days training on international standards and best practices in the field for the staff of the NAC Prevention Division.

[1]http://rai-see.org/wp-content/uploads/2015/07/Whistleblower_Protection_in_SEE.pdf

Scope of work

The main objective of the assignment is to offer consultancy to the National Anticorruption Center in drafting a comprehensive law on whistleblowing and protection of whistleblowers and provide a two-days training on international standards and best practices in the field for the staff of the NAC Prevention Division.

The assignment will consist of two missions. During the first mission the consultant will also provide a two-days training (4 hours per day) on international standards and best practices in the field for the staff of the NAC Prevention Division.

The consultancy will include:

Legal expertise

• expertise of the draft law on whistleblowing drafted by NAC, against the best international practices in the field;
• assisting NAC in drafting the draft law and argumentation note to the draft law, based on a desk review of the relevant national; legislation and discussions with the main stakeholders;
• assisting NAC in presentation of the draft law to the main stakeholders, including public debates. 

The expertise and recommendations will focus on:

• Effective legislative framework and mechanism for offering the status of whistleblower and protection of whistleblowers;
• Optimal institutional framework to insure protection of whistleblowers at all levels;
• Optimal competences of the involved institutions;
• Necessary technical assistance in setting up an efficient system.

Two-days training (4 hours each day) for NAC Prevention Division staff (20-25 persons) on international standards and best practices in the field of whistleblowing and protection of whistleblowers.

For detailed information, please refer to Annex 1 – Terms of Reference

Requirements for experience

Education:

• Master’s Degree or equivalent (5-year university education) in Law, International Public Law or other relevant field

Experience:

• At least 5 years of Professional experience in the field of whistleblowing and protection of whistle-blowers;
• Proven extensive knowledge on the subject of whistleblowing and best practices of the protection of whistleblowers;
• Experience in working with anticorruption agencies/ judiciary/ prosecution and/or other relevant institutions will be a strong asset;
• Extensive demonstrated experience in drafting strategic documents, legislation, other normative acts, related to whistleblowing;
• Demonstrated international experience/consultancy in the field of whistleblowing;
• Experience in conducting training sessions on international standards and practices in the field of whistleblowing;
• Experience in implementing similar assignments in the newer EU Member or Candidate States or CIS region will be a strong asset;
• Previous successful experience of working with UN agencies is an advantage.

Languages:

• Knowledge of English;
• Knowledge of Romanian or Russian languages will be an asset.

Competences:

• Effective communication and strong analytical skills;
• Initiative, creativity/ resourcefulness;
• Proven commitment to the core values of the United Nations; in particular, is respectful of differences of culture, gender, religion, ethnicity, nationality, language, age, HIV status, disability, and sexual orientation, or other status responsibility;
• Flexibility;
• Punctuality.

Documents to be included

1. Proposal: explaining why they are the most suitable for this position and providing examples reflecting the competencies for each of the qualification requirements (particularly providing details on the previously implemented similar projects and assignments and previous experience in the fields related to this consultancy as described in the terms of reference);
2. Financial proposal: in (USD, specifying a total lump sum amount and the number of anticipated working days);
3. Personal CV including past experience in similar projects and the contact details of at least 3 reference persons.

 

Financial proposal

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables. Payment will be made upon the successful completion of the tasks assigned and submission of the assessment report. Payments are based upon output, i.e. upon delivery of the services specified in the TOR. In order to assist the requesting unit in the comparison of financial proposals the financial proposal shall include a breakdown of this lump sum amount (including fee, taxes, communication costs, travel, per diems, and number of anticipated working days).

Travel

All envisaged travel costs must be included in the financial proposal. This includes all travel to join duty station/repatriation travel. In general, UNDP should not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so using their own resources.

In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultant, prior to travel and will be reimbursed.

Two trips to Moldova are envisaged under this assignment.

 

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