Republic of Moldova

National Consultant/State Institutions Consultant for Capacity Building and Analysis of Torture in Psychiatric Facilities

Vacancy Number: Pr15/00940

Location:	Chisinau, Moldova
Application Deadline:	24 May 2015, 23:59 (GMT+2:00)
Application Extended deadline:	28 May 2015, 23:59 (GMT+2:00)
Application Extended deadline:	31 May 2015, 23:59 (GMT+2:00)
Application Extended deadline:	04 Jun 2015, 23:59 (GMT+2:00)
Type of Contract:	Individual Contract
Starting date:	01 Jun 2015
Reference to the project:	Strengthening National Capacities to Protect the Most Vulnerable from Torture in Moldova
Expected Duration of Assignment:	June 2015 – November 2015 (up to 100 working days)
Submission Instructions: Proposals should be submitted online by pressing the "Apply Now" button no later than 23:59, 24 May 2015. Requests for clarification only must be sent by standard electronic communication to the following e-mail: natalia.voronova@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.
Supporting Documents: Terms of Reference Procurement Notice Personal History Form (P11) UNDP General Conditions of Individual Contract

Contacts:

Ms. Natalia Voronova.

Background

Moldova signed the EU-Moldova Visa Liberalization Action Plan, in which it committed to implement the National Human Rights Action Plan for 2011-2014, which contains commitments to prevent and combat all acts of torture and ill-treatment. The Justice Sector Reform Strategy 2011-2016 was adopted addressing the problem of torture in its Pillar VI. Related priorities and commitments are established under the UN-Moldova Partnership Framework (UNPF) 2013-2017, which addresses a number of human rights issues, including torture and ill-treatment and a need to secure the rights of the most vulnerable. Additionally, there are a number of international recommendations on combating torture in Moldova, many of which still need to be implemented. In spite of these recommendations and international commitments, torture remains to be a grave human rights violation in Moldova with not all of the aspects of this violation addressed properly and impunity for torture remaining one of the most acute problems.

The problem of torture and ill-treatment in mental health facilities is an emerging issue in Moldova, which has not been adequately addressed both in legislation and practice in spite of numerous complaints from the part of persons affected by it. Thus, the pilot Ombudsperson in psychiatric institutions, who is tasked with providing legal consultancy and drafting monitoring reports on the situation in psychiatric hospitals and neurological internats, has received in October 2012 – July 2013 (during 9 months of her work) 5622 complaints from 1474 institutionalised persons (960 women and 514 men), all of whom complained about several violations, including 281 complaints (5%) on physical abuse, 674 (12%) – on lack of information about treatment, 955 (17%) – on lack of informed consent on institutionalization and treatment, etc. In addition to this, the Center for Human Rights (CHR) and the National Torture Preventive Mechanism (NPM) have released monitoring reports on several psychiatry institutions listing a number of problems, including the complaints of institutionalized persons on ill-treatment from the part of staff persons of the institutions. 

The Project «Strengthening National Capacities to Protect the Most Vulnerable from Torture in Moldova» is funded by the European Union and co-funded and implemented by the United Nations Development Programme in Moldova in consultations with the Office of the UN High Commissioner for Human Rights, the East Europe Foundation and the Soros Foundation – Moldova. The overall objective of the Project is to contribute to the prevention of torture and fighting against impunity on the whole territory of Moldova, including Transnistrian region, especially in respect of the most vulnerable women and men in-line with international human rights standards, Justice Sector Reform Strategy (2011 – 2016) and its Action Plan, and National Human Rights Action Plan (2011-2014). The project seeks to further strengthen the capacities of national stakeholders in monitoring of, reporting on, prevention and combating of torture, especially against women and men with psychosocial and intellectual disabilities in health care facilities. For this purpose the specific objectives of the project are:

1. Strengthened capacities of the civil society in monitoring and reporting on governmental anti-torture processes, as well as in campaigning to combat impunity, in particular, with regards to women and men with psychosocial and intellectual disabilities;
2. Increased protection of women and men with psychosocial and intellectual disabilities, enhanced provision them with remedies against ill-treatment, and their participation supported in all matters related to torture prevention in health care facilities;
3. Enhanced effectiveness of key State bodies responsible for torture prevention, protection and redress in combating and redressing torture against women and men with psychosocial and intellectual disabilities.

Scope of work

The main objective for the National Consultant is to provide expertise and capacity building both for State institutions and civil society for the combating, prosecution and prevention of torture against the most vulnerable women and men in psychiatric facilities. 

The scope of work of the National Consultant will be to:

• Produce a Report with analysis of national legislation in terms of prohibition and combatting torture in mental health facilities and carry out follow-up activities; and
• Provide expertise, taking into account gender sensitive aspects, during capacity building events within the project.

In order to achieve the objective, the National Consultant shall: 

• Study the national and international practices and legislation on issue of torture in mental health facilities, including, but not limited to:
  • 2013 Report of the UN Special Rapporteur on torture and other cruel, inhuman and degrading treatment and punishment;
  • Other UN system observations and recommendations to the Republic of Moldova;
  • National legislative framework, scrutinized to ensure the compliance with the CPT standards on detention in psychiatric institutions;
  • ECtHR judgements on Moldova, addressing torture and ill-treatment and illegal detention issues in the context of mental health institutions.
  • Change of the normative paradigm, absolute ban on restrains and seclusion, legislation allowing forced interventions, legal capacity reform, involuntary commitment in psychiatric institutions, forced medication, etc.
  • Draft a clear, accessible and usable report on the findings of the study, including proposals for recommendation for immediate efficient implementation and needed adjustments of national legislation;

• Draft a clear, accessible and usable report on the findings of the study, including proposals for recommendation for immediate efficient implementation and needed adjustments of national legislation; 
• Hold consultations with the relevant State bodies, civil society, relevant UN agencies and other relevant international and national organizations on the draft study and integrate their feedback into the report;
• Support the organisation and undertake public presentation of results with the participation of concerned partners (national stakeholders and concerned institutions, academia, CSOs, international community), gather and consider their feedback; 
• Present the final results of the study at a roundtable workshop and advocate for the implementation of the recommendations of the study;
• Provide input to work of the other consultants with his/her expertise in specific areas;
• Support organization and take part in leading trainings, conferences and other capacity building events for civil society and/or State bodies;
• Establish and maintain a dialogue with national counterparts and other consultants, in particular with Medical Consultant and Civil Society Consultant of the Project;
• Develop periodic activity reports on consultancy undertaken, including stages passed, resources used, results obtained versus expected, impact of obtained results, risks overcome, problems faced, lessons learned, conclusions and next stage recommendations and contribute to the Project’s reporting;
• Undertake any other related tasks requested on an ad hoc basis.

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

Requirements for experience

   I.  Academic Qualifications:

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

  II.  Years and sphere of experience:

• At least 3 years of proven professional experience in a legal area, Prosecutors Office, Ministry of Internal Affairs, Ministry of Justice or other relevant State institutions, legal analysis or other relevant field;

 III.  Competencies:

• Professional understanding of the issue of torture and ill-treatment in terms of prosecution and combating torture and ill-treatment by State institutions in the Republic of Moldova;
• Understanding of issues of torture and ill-treatment in mental health facilities would be a strong asset; 
• Proven experience (at least 3 years) in developing and conducting trainings, workshops and presentations and ability to facilitate discussions;
• Experience in developing training curricula, methodologies and tools for training activities;
• Experience in analysing, generalizing, and systematizing information, drafting studies and reports;
• Strong leadership abilities and excellent communication presentation skills, ability to facilitate discussions;
• Proven ability to work in a team;
• IT skills including word processing, presentation software and use of other relevant applications;
• Proven experience in working with the international organizations on similar assignments (successful relevant experience in working with UN is an asset);
• Proficiency in Romanian, Russian and English;
• Knowledge of one or more additional languages relevant for Moldova, including Bulgarian, Gagauzian, Romani, Ukrainian or sign language is an asset;

 IV.   Personal qualities:

• Proven commitment to the core values of the United Nations, in particular, respecting differences of culture, gender, religion, ethnicity, nationality, language, age, HIV status, disability, and sexual orientation, or other status; 
• Responsibility;
• Flexibility;
• Punctuality;
• Attention to detail.

The UNDP Moldova is committed to workforce diversity. Women, persons with disabilities, Roma and other ethnic or religious minorities, persons living with HIV, as well as refugees and other non-citizens legally entitled to work in the Republic of Moldova, are particularly encouraged to apply.

Documents to be included

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

1. Personal information (as a detailed CV or as a Personal History Form /P11) including records on past experience in similar projects/assignments and concrete outputs obtained, including 3 reference persons and their contacts;
2. Cover letter, which should include:

(i)  A list of capacity building activities/trainings, reports, analysis documents, or other task related documents the candidate has elaborated or contributed to, as well as experience working for or with relevant State institutions and NGOs;
(ii) Financial proposal (in USD, specifying a lump sum amount).

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).   

Payment will be made with a single instalment upon the successful completion of the tasks assigned and submission of the feasibility study and draft law to the UNDP Moldova Justice and Human Rights Programme Analyst. 

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.

No travel costs are envisaged under this assignment.

 

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