Republic of Moldova

National Consultant: Assessment of Law and Practice Concerning Bias Crime

Vacancy Number: Pr13/00406

Location:	Chisinau, Moldova
Application Deadline:	03 Nov 2013, 23:59 (GMT+2:00)
Type of Contract:	Individual Contract
Starting date:	10 Nov 2013
Reference to the project:	Office of the High Commissioner for Human Rights
Expected Duration of Assignment:	2014-01-31
Submission Instructions: Proposals should be submitted online only, by following the “Apply online” link, no later than 3 November 2013. Requests for clarification only must be sent by standard electronic communication to the following e-mail: violeta.fetescu@one.un.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.
Supporting Documents: Terms of Reference Individual Consultant Procurement Notice Personal History Form (P11) UNDP General Conditions of Individual Contract

Background

In its 2011 Concluding Observations concerning the Republic of Moldova, the UN Committee on the Elimination of Racial Discrimination (CERD), recalling its general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system, recommended inter alia that the Government:

     (a) ensure the proper implementation of the existing anti-discrimination provisions and the   effective investigation and persecution of racially motivated offences;

     (b) actively assist victims of racial discrimination seeking remedies and inform the public about legal remedies in the field of racial discrimination;

     (c) assess reasons for the very low number of complaints relating to racial discrimination, including whether it may be due to victims’ lack of awareness of their rights, fear of reprisals, limited access to available mechanisms, lack of confidence in the police and the judiciary, or the authorities’ lack of attention or sensitivity to cases

of racial discrimination; and

     (d) provide in next report updated information on complaints about acts of racial discrimination and on relevant decisions in penal, civil or administrative court proceedings and by State human rights institutions, including on any reparations provided to victims of such acts.

The CERD Committee also noted with concern the reported cases of discrimination and intimidation against religious minority groups and non-citizens; identity checks for Muslims outside places of worship and reported cases of harassment of Muslims by the police; and the inadequate responses by the authorities to recent anti-Semitic events, anti-Semitic hate speech and vandalism of religious sites.

Moldova has not to date successfully and adequately prosecuted any bias crime or contraventional offence, despite regular and persistent reports of such acts, in particular, although not only, against persons of African descent, foreigners and non-citizens, LGBT persons and groups and others.  Empirical documentation exists as to problematic aspects of law, policy and practice, but this material does not yet exist in the form of one analytical document.  Data tracking systems are similarly not yet adequate for effective and accurate public reporting.  The newly established Council for Preventing and Eliminating Discrimination and Ensuring Equality has requested an expert summary of issues burdening the effective prosecution of bias acts, in support of work to bring about reform in this area.

Scope of work

A national consultant is sought to work under the supervision of the UN Human Rights Adviser (Office of the United Nations High Commissioner for Human Rights), and in close collaboration with the Council for Preventing and Eliminating Discrimination and Ensuring Equality, as well as with the Chisinau office of ABA-ROLI, to undertake documentation and assessment of issues burdening the effective prosecution of bias-related acts, and to bring detailed recommendations as to reform of law, policy and practice in this area. In this regard, the incumbent shall:

1. Gather documentation and analysis available from the UN Human Rights Adviser (Office of the United Nations High Commissioner for Human Rights), the Council for Preventing and Eliminating Discrimination and Ensuring Equality, the Chisinau office of ABA-ROLI, from relevant civil society organizations, as well as from other relevant parties with expertise or experience in this area;

2. Produce a memorandum of not less than 16,000 words and not more than 24,000 words, including the following:

(a) Existing legal provisions concerning bias acts (criminal and contraventional) and summary of regulatory or internal guidance;

(b) Summary of existing recommendations in this area;

(c)  Analysis in detail of reasons for ineffective prosecution of bias-related acts, including where necessary analysis of individual cases;

(d) Recommendations, including Annex of proposed amended legal and/or regulatory provisions, where relevant.

Requirements for experience

I.     Academic Qualifications:

• University degree in law, social sciences, human rights or other relevant field;

II.    Experience and skills:

• Minimum 3 years of practical experience in human rights domain, monitoring activities, conducting research;
• Commitment to human rights; knowledge of international norms and standards in the area of the rights of minorities;
• Understanding of anti-discrimination law as set out under international, European and domestic law of the Republic of Moldova;
• Practical experience in organizing and conducting trainings;
•  Knowledge and in-depth understanding of the human rights environment in Moldova, its sensitivities and challenges;
• Excellent drafting skills;
• Excellent communication and teamwork skills;
• Ability to focus on goals and adapt processes to achieving goals.
• Demonstrated competence in conducting individual interviews with affected groups according to standard human rights documentation methodologies preferred.
• Adhere 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.

III.   Language requirements:

• Fluency in Romanian and Russian. Working knowledge of one or more additional languages relevant for Moldova, including Bulgarian, Gagauzian, Romani, Ukrainian or sign language is an asset. Knowledge of English is an asset.

Documents to be included

Interested individual consultants must submit the following documents/information to demonstrate their qualifications:

1. A detailed curriculum vitae of relevant experience or P11.

2.  A written statement of not more than 1000 words:

(i) Explaining why you are the most suitable for the work;

(ii) Providing a brief methodology on how you would approach and conduct the work.

Financial proposal

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables. Payments are paid in installments and 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 fees, taxes, mobile phone calls, etc.). The travel expenditures are to be approved in advance by the Project Manager and shall be covered from the Project budget. 

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.

 

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