Republic of Moldova

National Consultant to support the Center for Human Rights in Moldova in strengthening capacities in elaboration and submission human rights infringements claims to the Constitutional Court

Vacancy Number: Pr12/00210

Location:	Chisinau, Moldova
Application Deadline:	08 Oct 2012, 23:59 (GMT+2:00)
Application Extended deadline:	10 Oct 2012, 23:59 (GMT+2:00)
Type of Contract:	Individual Contract
Starting date:	22 Oct 2012
Reference to the project:	Support to the Ombudsman Institution, as per international treaty bodies and UPR recommendations
Expected Duration of Assignment:	up to 45 w/d, October - December 2012
Submission Instructions: Proposals should be submitted on-line or by email to vacancies-moldova@undp.org, no later than 08 October 2012. Requests for clarification only must be sent by standard electronic communication to the following e-mail: mircea.esanu@undp.org . Please notice that this address is for information requests only, please do not send or copy your application package to this address.
Supporting Documents: Terms of Reference Individual Consultant Procurement Notice Personal History Form (P11) UNDP General Conditions of Individual Contract

Background

Support to the Ombudsman Institution, as per international treaty bodies and UPR recommendations project is designed to advance realization of human rights in Moldova by strengthening the Ombudsman Institution. Building on the experience and results achieved within the Torture prevention Project, the project has the aim to advocate for comprehensive amendments the legal and institutional framework related to the Ombudsman Institution and the National Torture Preventive Mechanism (NPM), in compliance with identified legal and organizational gaps, treaty bodies and UPR. Additionally, a major component of the project aims strengthening the institutional capacity of the Ombudsman Institution/Centre for Human Rights (CHR) in exercising its functions, including support in the improvement and implementation of relevant legislative framework in the human rights area. As part of this component and taking in consideration the extended mandate of the Centre for Human Rights (including the NPM function, Children Rights Parliamentary Advocate), the relatively inexperienced management and membership as well as changes in the human rights development context in the country, newly approved Strategy of Justice Reform that includes the Ombudsman Institutions, there is an emerging need strengthen the capacities in elaboration and submission of notification to Constitutional Court concerning human rights issue in order to increase CHR effectiveness in following years.

According to Law on Parliamentary Advocates, the Parliamentary advocates are entitled to notify the Constitutional Court (CC) for the purpose of verifying the constitutionality of the laws and resolutions adopted by the Parliament, decrees of the President of the Republic of Moldova, resolutions and orders of the Government, whether they are in accord with the generally accepted principles and the international legal acts on human rights. According to the Functional Review performed in the framework of the UNDP Torture Prevention project, in practice the problems have arisen when the CC has refused several complaints on the grounds that they are not connected with human rights. The issue relies on little capacities of CHR to elaborate consistent notifications to CC, being considered inconsistent with human rights and fundamental freedoms guaranteed by Chapter 2 of the Moldovan Constitution.

Scope of work

The objective of this consultancy:

• to support the Center for Human Rights in Moldova in strengthening capacities in elaboration and submission human rights infringements claims/notification to the Constitutional Court.

In order to achieve the objective, under the direct supervision of the Ombudsman and project manager, and in consultation with the Human Rights Adviser to the UN Office of the Resident Coordinator, the consultants shall:

• Study the international existing and relevant experience, recommendation and standards on CC claims specifically applied by human rights protection/ombudsman institutions;
• Conduct an organizational assessment related to CC submitted by CHR;
• Prepare an Assessment Report on CHR notifications to CC with key observations, conclusions and recommendations;
• Elaborate criteria for the selection of cases for strategic litigation, taking in particular account the human rights context of the county, systemic and systematic human rights issues, including those identified by the UN treaty bodies and ECtHR jurisprudence;
• Support the elaboration at least 2 (two) petitions to CC on human rights or fundamental rights issues;
• Lead the CC petition elaboration process in effective and efficient way for delivery of results;
• Prepare and deliver a trainings on CC procedures and international positive practices for CHR staff;
• Work closely with the reporting CHR officer(s) for result oriented reporting;
• Play the role of a technical advisor to the CHR team on petitioning the CC;
• Provide advice to UNDP for project adjustments in the light of CC petitioning activities;
• Ensure the claims to CC are gender-sensitive where relevant;
• Regularly collect lessons learnt and communicate on monthly basis to the supervisors in timely manner.

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

Requirements for experience

I. Academic Qualifications:

• University or MA/PhD degree in Law, Public Administration and/or other relevant fields.

II. Years of experience:

• Extensive experience (national consultant at least 5 years) in working with CC and extensive knowledge in legal practice/administration.

III. Competencie

• Qualification and proven skills in working with CC extensive knowledge in legal practice/administration;
• Knowledge of national and international practice/experience related to human rights and fundamental freedoms protection;
• Proven experience in conducting instructional and participatory trainings, workshops and presentations;
• Proven experience in working with the international organizations (successful experience in working with UN agencies is an asset);
• Strong leadership abilities and excellent (diplomatic) communication presentation skills, ability to facilitate discussions;
• Skills in analyzing, generalizing, and systematizing information;
• Skills in developing analytical and informative materials;
• Excellent IT skills including word processing, database applications, presentation software and use of other relevant applications;
• Proficiency in written and spoken Romanian, Russian and English. Working knowledge of one or more additional languages relevant for Moldova, including Bulgarian, Gaguzian, Romani, Ukrainian or sign language is an asset.
• Adheres 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.

 

 

Documents to be included

1. Proposal: explaining why they are the most suitable for the work requirements (please provide brief methodology on how they will approach and conduct the work (if applicable);

2. Financial proposal;

3. Personal CV (or Personal History P11 Form) including past experience in similar projects and contact details (phone number and e-mail address) for at least 3 references;

Financial proposal

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in installments or upon completion of the entire contract). 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 will include a breakdown of this lump sum amount (including travel, per diems, and number of anticipated working days).  

 

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