Republic of Moldova

National Consultant to support the Center for Human Rights in Moldova in strengthening capacities in strategic litigation

Vacancy Number: Pr12/00212

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, 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.

The law on Parliamentary Advocates states that based on the results of the petition examination, the parliamentary advocate is entitled to file with a court an application to defend the interests of a petitioner, whose constitutional rights and freedoms were infringed. According to the Functional review of CHR, performed by international experts, at the moment, CHR does not possess a unified understanding and practice regarding, when and under which circumstances can Parliamentary Advocates take the case to court in the interest of complainant. It is an extreme remedy, which should be used rarely. Otherwise, Parliamentary Advocates could become a provider of free legal aid. The criteria, based on which the ombudsperson decides taking complaint into court should be as unambiguous as possible to the Parliamentary Advocates as well as the public. Otherwise it is difficult to justify why some complaints are taken to court and some are not.

The project seeks to provide support to Parliamentary Advocates to file with court applications in the interest of the complainant in cases when other remedies provided by the law to protect the person's constitutional rights have been exhausted or in cases of compelling public interest, or where legal action may lead to systemic improvements in the field of human rights.

Scope of work

The objective of this consultancy service is to support the Center for Human Rights in Moldova in strengthening capacities in elaboration and file with court applications in in cases of compelling public interest, or where legal action may lead to systemic improvements in the field of human rights.

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 court claims specifically applied by human rights protection/ombudsman institutions;
• Conduct an organizational assessment related to strategic litigation submitted performed by CHR;
• Prepare an Assessment Report on CHR court application 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;
• Lead the court files elaboration process in effective and efficient way for delivery of results;
• Prepare and deliver a trainings on strategic litigation 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 file cases to courts;
• Provide advice to UNDP for project adjustments in the light of strategic litigation activities;
• Ensure the claims to courts are gender-sensitive where relevant;
• Regularly collect lessons learnt and communicate on monthly basis to the supervisors in timely manner.

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 3 years) in working on strategic litigation and extensive knowledge in legal practice/administration. .

III. Competencies:

• Qualification and proven skills in working on strategic litigation and 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

Interested individual consultants shall specify for what job position they are applying (National Consultant - Strategic litigation). Interested individual consultants must submit the following documents/information to demonstrate their qualifications:

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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