Міжнародний/а консультант/ка з питань сексуального насильства, пов’язаного з конфліктом

Background

In June 2014, a UN Guidance Note of the Secretary General on Reparations for Conflict Related Sexual Violence was published providing policy guidance and eight guiding principles on how to establish an effective and fair reparation program. UN agencies in the Western Balkans and other conflict and post-conflict zones have started applying this guidance note with governmental and NGO partners. In Ukraine, UN Women and OHCHR would like to support the Government in applying the Guidance Note principles as relevant to Ukraine, and support with the development of a comprehensive framework of action, including legislation, policy, capacity development and operational.
In pre-conflict Ukraine, sexual and gender-based violence were under-reported due to stigma and a culture of silence, broken referral pathways, inefficient legal system, limited medical and psychosocial support services for victims and survivors, limited capacity among government and non-government actors in the documentation of cases. All these problems have been exacerbated by the conflict and while conflict-related sexual violence may be on the rise, there is still only limited information regarding the scale and scope of the problem. The gaps in the legislation, particularly absence of clear definitions, low capacity of law-enforcement to document and investigate cases of sexual violence, limited forensic services affect any possible future prosecution for sexual violence crimes in relation to the conflict.
On 16 February 2017, OHCHR published the thematic report on conflict-related sexual violence in Ukraine which covers the period between 14 March 2014 and 31 January 2017. The report highlights the trends and patterns of sexual violence committed in the context of the conflict in the east, the ongoing impunity enjoyed by perpetrators, and the lack of a comprehensive programme to ensure that all survivors receive prompt and adequate access to an effective remedy, including gender sensitive rehabilitation, restitution, compensation, satisfaction and guarantees of no recurrence. The report highlighted that cases of conflict-related sexual violence are under-reported, due to stigma, trauma and the fear of retaliation. Based on the documented cases, there are no grounds to believe that sexual violence has been used for strategic or tactical ends. At the same time, some documented cases may amount to war crimes.
The majority of the documented cases occurred when people, both men and women, were deprived of liberty by Government forces and armed groups in the east of Ukraine; it was possible to document some cases in the Autonomous Republic of Crimea. Beatings and electrocutions on the genitals, rapes, threats of rape, and forced nudity were used as methods of torture and ill-treatment to punish, humiliate, or extract confessions. Numerous checkpoints and the presence of Ukrainian Armed Forces and armed groups in populated areas have also increased the risk of sexual violence against civilians, mainly women. The deterioration of the economic situation, breakdown of community ties and displacement further contribute to the risk of sexual violence and trafficking; however, these cases are difficult to verify and document.
Due to shortcomings in national legislation and lack of capacity in law enforcement agencies and the judiciary, survivors often face inaction from the State authorities, causing them to be victimised twice. There is a significant lack of medical and psychological services available for victims, with little or no assistance available in rural areas. Access to services for survivors living in the areas controlled by armed groups is further limited due to restrictions imposed by armed groups.
The report contains 29 specific actionable recommendations to all parties to the conflict, as well as to the international and donor community. Overall, recommendations pertain to the following areas: need to change legislation and legal practice, strengthen capacity to investigate and bring perpetrators to account, take necessary steps to prevent sexual violence and create comprehensive system of services.
The Government of Ukraine has expressed the commitment to undertake the necessary steps to design and operationalize effective measures to address conflict-related sexual violence (CRSV). The technical support required by the Government at this stage is strategic guidance on how to combat impunity, ensure prevention of CRSV and protection for survivors, provide multi-sectoral assistance/reparations for survivors, carry out documentation and reporting of crimes related to CRSV and integrate attention to CRSV in security sector reform.
UN Women and HRMMU/OHCHR seek to hire an international consultant on CRSV to develop a strategy, based on consultations and existing assessments, to provide strategic advice to the Government, Parliament, civil society organizations and the UN System on preventing and addressing the CRSV, including through the development of a reparation program. The CRSV Advisor will work in cooperation with a national consultant on CRSV, who will liaise with the national partners, support the collection of materials for a desk review and will co-facilitate the field missions, learning and the other events related to the deployment.

Duties and Responsibilities

Under the overall guidance of the UN Women Country Programme Manager and Head of Human Rights Monitoring Mission and in close cooperation of the Government of Ukraine, the incumbent shall be responsible for implementation of the below tasks:
Task 1. Facilitate strategic discussions with key counterparts about the strategy for prevention and multi-sectoral response/reparations to CRSV. The task will include but will not be limited to the following activities:

• Conduct desk review of the policy, legislation, studies and research related to all forms of gender-based violence in Ukraine, Criminal Code of Ukraine, National Human Rights Strategy and Plan, National Programme on Equal Opportunities, Law on Domestic Violence as well as consider policies, legislation and commitments related to the victims (civilian, military, IDP) of the consequences of the conflict;
• Identify potential entry points for prevention and multisectoral response to the CRSV, documentation and reporting the CRSV cases in Ukraine, policy and legal frameworks, national institutional mechanisms, reparation mechanisms etc.;
• Undertake 40-day long mission to Ukraine to meet with the key stakeholders (government, judiciary, Ombudsperson, Parliament, civil society, local authorities) to facilitate discussions on a strategy/methodology for dealing with CRSV in Ukraine;
• Undertake a week-long trip to the conflict-affected region of Ukraine (Government-controlled area and non-government controlled areas) to meet with the service providers, regional office of the Ombudsperson, local authorities, civil society organizations and survivors of CRSV*;
• Prepare and conduct a two-day workshop with the key state actors, including oblast and local authorities from conflict-affected areas, service providers, civil society CSOs and development partners (up to 35 participants). The workshop should aim to discuss and decide upon the following issues: the scope of the problem (how many women/men/girls and boys are survivors), geographical, time-related, conditional limitations on who can be considered a survivor of CRSV, selection of the judicial or administrative remedies, identification of the kind of multi sectoral assistance (reparations) to be provided to survivors (and their families) and the way these will be paid for (setting the reparation mechanism), needs for design of the capacity building for police, prosecutors, judges, CSOs, psychologists etc., need for new legislation or amendments to existing legislation;
• Develop a strategy based on consultations and existing assessments, with the recommendations and draft road map of actions by sectors/state actors for dealing with CRSV.

*Indicatively the mission to Ukraine will be planned for the period between second week of September and end of October 2017.

Task 2. Development of the draft project document to provide technical support to the Ukraine Government in prevention and response to the CRSV:

• Following consultations with the stakeholders and the workshops, the incumbent will draft a project proposal for UN Women and HRMMU (possibly a joint programme with the other UN Agencies) to assist the Government in creating the system of prevention and response to CRSV and policy for reparations of the victims of CRSV and torture.

Key Deliverables and Timeframe

The selected consultant shall be responsible for delivering the following outputs, comprising the main milestones:

Draft plan for implementation of assignment drafted and agreed with UN Women and HRMMU – By 10 September

• Report of the mission undertaken to Ukraine and the strategy submitted – By 1 November
• Draft project proposal submitted for UN Women review – By 30 November

TOTAL  Up to 50 days

All the deliverables should be agreed and endorsed by UN Women Country Programme Manager and the Head of the HRMMU. The timeframe for the work of the International Consultant is tentatively planned from 1 September to 30 November 2017, with an estimated total volume of work not to exceed 50 working days, including one mission to Ukraine (up to 40 days), coordinated in advance with the UN Women and HRMMU management, upon contracting.
Note: The mentioned number of working days has been estimated as being sufficient/feasible for the envisaged volume of work to be completed successfully and is proposed as a guideline for the duration of assignment. It cannot and shall not be used as criteria for completion of work/assignment.

Management arrangements

Organizational Setting: The Contractor will work under the direct supervision of the UN Women and OHCHR management and in close collaboration with UN Women local consultant on CRSV, and will participate in all working meetings appointed by UN Women.
Contributions: UN Women and HRMMU will put at the contractor’s disposal all available materials and necessary information for the achievement of tasks and will facilitate, as needed. UN Women will provide the consultant with the office space and transportation.
HRMMU will organize the mission to the territories controlled by armed groups and organize the meetings with interlocutors there.

Travel
All envisaged travel costs related to the mission to Ukraine must be included in the financial proposal. In general, UN Women should not accept travel costs exceeding those of an economy class ticket. Should the contractor 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 contractor, prior to travel and will be reimbursed.
Performance evaluation
Contractor’s performance will be evaluated against such criteria as: timeliness, responsibility, initiative, communication, accuracy, and quality of the products delivered.

Financial arrangements

Payments will be disbursed in two installments as per the following deliverables:
Upon submission of the draft plan for implementation of assignment drafted and agreed with UN Women and HRMMU (By 10 September)
Upon submission of the final report of the assignment and project document finalized based on the comments of UN Women (By 30 November)
The payments will be processed upon approval of deliverables and certification by UN Women and HRMMU that the services have been satisfactorily performed.

Competencies

Core Values:

• Respect for Diversity;
• Integrity;
• Professionalism.

Core Competencies:

• Awareness and Sensitivity Regarding Gender Issues;
• Accountability;
• Creative Problem Solving;
• Effective Communication;
• Inclusive Collaboration;
• Stakeholder Engagement;
• Leading by Example.

Please visit this link for more information on UN Women’s Core Values and Competencies: http://www.unwomen.org/-/media/headquarters/attachments/sections/about%20us/employment/un-women-employment-values-and-competencies-definitions-en.pdf

Required Skills and Experience

Education:

Advanced university degree in human rights, international human rights/ humanitarian/criminal law, gender studies.

Experience:

Minimum 5 years of relevant work experience in the field of human rights, gender-based violence and CRSV;
Experience in monitoring, fact-finding and investigation of conflict-related sexual violence, human rights violations and abuses, including torture;
Experience in advisory services on establishment of the multi-sectoral state mechanisms of prevention and response to CRSV including understanding of the state mechanisms of addressing the CRSV, human rights, gender equality and women’s human rights;
Experience in developing complex, multi-year proposals and logical frameworks or Government policies;
Experience working for UN/UN Women and/or OHCHR or ICC is an asset.

Language skills:
Fluency in verbal and written English is required. Knowledge of Russian/Ukrainian is an asset.

Evaluation of Applicants:
Applications will be evaluated based on the cumulative analysis taking into consideration the combination of their qualifications and financial proposal. A two-stage procedure is utilized in evaluating the proposals, with evaluation of the technical proposal and interview being completed prior to any price proposal being compared. The award of the contract should be made to the individuals whose offer has been evaluated and determined as: Responsive/compliant/acceptable
Having received the highest score out of a pre-determined set of weighted technical, interview and financial criteria specific to the solicitation.

Technical criteria and interview, 70% of total evaluation – max 45 points for technical criteria and max 25 points for interview. Total max 70 points: The total number of points allocated for the technical qualification component is 45.

The technical qualification of the individual is evaluated based on desk review and following technical qualification evaluation criteria:
Criterion A – Relevant education: Advanced university degree in human rights, international human rights/ humanitarian/criminal law, gender studies. Maximum obtainable points- 5;
Criterion B – Language skills: Fluency in verbal and written English is required. Knowledge of Russian/Ukrainian is an asset. Maximum obtainable points- 5;
Criterion C (total points) – 35:

• Minimum 5 years of work experience in the field of Gender-based Violence and CRSV (10 points);
• Previous experience of providing advisory/technical support to governments dealing with CRSV and its aftermath, including in the establishment of a reparations system, establishing multi-sectoral state mechanisms to prevent and respond to CRSV (15 points);
• Previous experience developing complex, multi-year proposals and logical frameworks (5 points);
• Experience working for UN/UN Women is an asset (5 points);

Maximum obtainable score for the interview- 25 points.
Total Obtainable Score for technical criteria and interview- 70 points.
Only the financial proposal of candidates who have attained a minimum of 49 points in the technical evaluation and interview will be further considered and evaluated.
The total number of points allocated for the financial/price component is 30.
The maximum number of points will be allotted to the lowest price proposal that is opened/ evaluated and compared among those technical qualified candidates who have attained a minimum of 49 points in the technical evaluation. All other price proposals will receive points in inverse proportion to the lowest price.
Evaluation of submitted financial offers will be done based on the following formula: S = Fmin / F * 30 (S – score received on financial evaluation; F min – the lowest financial offer out of all the submitted offers qualified over the technical evaluation round; F – financial offer under the consideration).

Application and submission package:

• CV/P11*
• Letter of Intent with justification of being the most suitable for the work, vision and working approach, specifically indicating:
• Reflection of skills and experience with CRSV
• Previous experience developing complex, multi-year project proposals
• Financial proposal: The financial proposal shall specify a total lump sum amount with a breakdown of a daily professional rate per number of anticipated working days to include all costs (international travel costs, daily subsistence allowance in Ukraine, in-country travel expenses other necessary costs to fulfill the assignment etc. The daily subsistence allowance and in-country travel costs will be covered by the consultant).

Completed and signed UN Women Personal History (P-11) form, that can be downloaded from: http://www.unwomen.org/en/about-us/employment
Interested candidates are requested to apply no later than 12:00 am EET 15 August 2017 by submitting online application with a message subject “International Consultant on CRSV”, including:
technical (P-11, Letter of Intent); and financial proposals (sample financial proposals can be found below).
Applications without financial proposal will be treated as incomplete and will not be considered for further assessment.
UN Women applies fair and transparent selection process that would take into account the competencies/skills of the applicants as well as their financial proposals.

WINNING CANDIDATE
The winning candidate will be the candidate who has accumulated the highest aggregated score (technical scoring and interview + financial scoring).

Sample of Financial Proposal

The format shown on the following tables is suggested for use as a guide in preparing the Financial Proposal
Cost Breakdown per Deliverables*(Lump Sum, All Inclusive)
Deliverables – # of days and Percentage of Total Price (Weight for payment) –   Price, US$
1
2
3
4
Total  max. # of working days (100%)     US$ ……
*Basis for payment tranches

Джерело: United Nations Development Programme.