Republic of Moldova

National Consultant to provide support for revising the national guidelines on the investigation and prosecution of sexual violence, according to the international standards

Vacancy Number: Pr14/00511

Location:	Chisinau, Moldova
Application Deadline:	28 Apr 2014, 23:59 (GMT+2:00)
Application Extended deadline:	04 May 2014, 23:59 (GMT+2:00)
Application Extended deadline:	11 May 2014, 23:59 (GMT+2:00)
Application Extended deadline:	15 May 2014, 23:59 (GMT+2:00)
Type of Contract:	Individual Contract
Starting date:	01 May 2014
Reference to the project:	Office of the High Commissioner for Human Rights
Expected Duration of Assignment:	7 months
Submission Instructions: Proposals should be submitted online only, by following the “Apply online” link, no later than 28 April 2014. 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 October 2013, the combined fourth and fifth periodic reports of the Republic of Moldova on its implementation of the provisions of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) were considered by the Committee on the Elimination of Discrimination against Women (CEDAW Committee). During this session, as well as the previous review in 2006, violence against women was one of the principal areas of concern which drew the attention of the Committee.

The Committee received reports of the institutionalization of women with disabilities in psychiatric facilities who had suffered sexual abuse and were forced to undergo abortions, sometimes following rape by professionals working in those institutions and who were discriminated by the police and prosecutor by refusing to initiate criminal investigations on grounds of psycho-social and intellectual disabilities.   Allegations of sexual assault of women in neuro-psychiatric residential institutions have been repeatedly reported in recent years, including by the Council of Europe’s Committee for the Prevention of Torture.

In its October 2013 Concluding Observations on Moldova, the CEDAW Committee expressed concern about the low rate of reporting of sexual violence cases, including rape, and the ineffective investigation and prosecution in such cases.

The Committee recommended to ensure that all investigations of acts of sexual violence are carried out in line with international standards of investigation, including by amending the existing guidelines on investigation of rape and other sexual assaults.

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

Scope of work

In Moldova the decision whether there are sufficient evidence to initiate prosecution and judicial findings of the alleged perpetrator’s guilt of sexual violence is the prosecutor's responsibility. A national consultant is sought to work together with the international consultant on developing assistance guidance to improve the prosecution of sexual violence crimes in national courts. These guidelines are prepared with a view to replacing the guidelines issued in 2008, and to direct prosecutors to ensure effective investigation, prosecution and redress for victims of sexual violence.

The guidelines will be developed in conformity with the international standards on sexual violence and the evolving body of jurisprudence on cases review by the Committee on Elimination of Discrimination against Women, international war crimes tribunals, and others.   The consultant is expected to support the work of the international consultant and liaise closely with all relevant national stakeholders, and in particular with the Office of the General Prosecutor.

The guidelines particularly designed to be followed by all prosecutors and applied to prosecutions conducted in Moldova. Although they may be also of interest to those who support victims of rape, whether professionally or personally, witnesses and the general public. The aim of the guidelines is to set out detailed guidance, in accordance with international law, for law enforcement and in particular the prosecution, to prosecute rape and related sexual violence cases effectively.    If possible and relevant, the guidelines should also extend to other forms of sexual violence.     It is expected that the guidelines will not be circa 20,000-25,000 words, and shall not be less than 15,000 words, and will be written in legally competent language readily comprehensible by a lay person.

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

Requirements for experience

I.     Academic Qualifications:

• University or graduate degree in law;

II.    Experience and skills:

• At least 5 years of practical human rights experience in the particular field;
• In-depth knowledge of international criminal law and human rights law as concerns sexual violence;
• Awareness in detail of international best practice in the area of prosecution of sexual violence;
• Excellent drafting skills; excellent communication and teamwork skills;
• 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 spoken and written Romanian and Russian, intermediate level of English.  Working knowledge of one or more additional languages relevant for Moldova, including Bulgarian, Gagauzian, Romani, Ukrainian or sign language is an asset.

Documents to be included

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

• A detailed curriculum vitae of relevant experience or P11;
• A letter of interest explaining why you are the most suitable for the work;
• A relevant short writing sample in a similar field or covering similar thematic material.

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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