Background

It has been over a decade after the end of the conflict in Kosovo, and evidence on the incidence of sexual violence related to that conflict, remains anecdotal. Because women in Kosovo only reluctantly spoke of sexual violence, it is widely believed that the cases documented in selected reports represent only a fraction of the incidents of sexual violence which occurred. The culture of stigmatization and exclusion of survivors by their own communities and family members which is associated with rape further complicated the documentation efforts. NGOs which provided limited counseling and medical services to survivors, very often reported that the trauma was still prevalent and women were never able to have adequate access to justice. Very often NGOs reported that survivors were never able to restore their family and social life.

The institutional neglect of survivors of sexual violence related to conflict, as well as post-conflict traumas represent a serious concern, and it results in lack of adequate access to justice and social services. During the past period there was no efficient investigation and prosecution which combined with weak witness protection and no appropriate attention to the specific needs of women and girls, prevented survivors from approaching the justice system. In addition, while other categories of conflict-related survivors are entitled to different benefit schemes, survivors of sexual violence remain unrecognized, therefore excluded from any form of compensation.

Sexual Violence within the Transitional Justice Context

One of the challenges for societies emerging from conflict is transitional justice which includes issues of individual’s need for justice, reconciliation and addressing impunity. Kosovo institutions need to undertake a large number of reforms related to past violations of human right, and factors contributing to recurrent instability. Survivors have not yet been named and recognized and a small number of perpetrators have faced justice. This included a large number of women who faced gender based violence and this brings out the need for prioritizing crimes against women in transitional justice mechanisms. The fight against impunity remains an issue of importance for reconciliation among the communities. UNDP supported an opinion poll on transitional justice in April 2007 and the public perceptions revealed that a large number of respondents were affected by the war crimes related to the conflict of 1999 and expressed eagerness to settle unresolved issues. A high percentage across ethnicities considered reconciliation between ethnic communities to be important for the future of Kosovo society.

According to the UN Secretary General, the concept of transitional justice (TJ) `is the full range of processes and mechanisms associated with a society’s attempt to come to terms with a legacy of large-scale past abuses, in order to ensure accountability, serve justice and achieve reconciliation’. From a human rights perspective, transitional justice involves both the realization of the rights to truth, justice and reparation for survivors of serious human rights violations and measures to secure that those violations won’t happen again. It consists of processes and mechanisms such as truth-seeking, prosecution initiatives, reparations programmes and institutional reform. A gender-justice approach should be a core element in the delivery of transitional justice outcomes. The pursuit of gender justice includes prosecutions for gender-based violence and reparations to women and their families. Without supporting these processes, it is difficult to enhance the integration process or achieve a long-term reconciliation and peaceful co-existence in Kosovo.

Definitions and concepts on conflict-related sexual violence

WHO Definition:

• Sexual violence is a serious crime that occurs in all societies in times of conflict or of peace. According to WHO, sexual violence is: ‘any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic, or otherwise directed against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting’.

What is Sexual Violence?

According to the statutes and case law of the International Tribunals for the Former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, and the Rome Statute of the International Criminal Court (Arts. 6, 7 and 8), sexual violence encompasses: rape, sexual slavery, forced prostitution, forced pregnancy, enforced sterilization and any other form of sexual violence of comparable gravity, which may include indecent assault, trafficking, inappropriate medical examinations and strip searches. See Analytical & Conceptual Framing of Conflict-Related Sexual Violence. See :Analytical &

Conceptual Framing of Conflict-Related Sexual Violence:

When is sexual violence conflict-related?

• Conflict-related sexual violence refers to incidents or (for SCR 1960 listing purposes) patterns of sexual violence, that is rape, sexual slavery, forced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity, against women, men, girls or boys. Such incidents or patterns occur in conflict or post-conflict settings or other situations of concern (e.g., political strife). They also have a direct or indirect nexus with the conflict or political strife itself, i.e. a temporal, geographical and/or causal link. In addition to the international character of the suspected crimes (that can, depending on the circumstances, constitute war crimes, crimes against humanity, acts of torture or genocide), the link with conflict may be evident in the profile and motivations of the perpetrator(s), the profile of the victim(s), the climate of impunity/weakened State capacity, cross-border dimensions and/or the fact that it violates the terms of a ceasefire agreement. See Analytical & Conceptual Framing of Conflict-Related Sexual Violence.  A series of resolutions (1325, 1820, 1888 and 1960) adopted by the UN Security Council during the past decade have resulted in the establishment of a broad framework to guide the work of UN agencies, UN Missions, Member States and other stakeholders on issues related to women, peace and security.

A non-exhaustive list of sources in international and domestic instruments and reports relevant to Kosovo:

• CEDAW; the ICTY jurisprudence; relevant Treaty Body and Special Procedure documents, etc.
• The OHCHR Standard Operating Procedures for Interventions in International, Regional and National Courts and Tribunals.
• The Provisional Criminal Procedure Code of Kosovo, the Provisional Criminal Code of Kosovo, the Law on Gender Equality in Kosovo, the Law on Witness Protection, the Law on the status of Veterans, etc.
• European Union and Council of Europe sources.

A non-exhaustive list of relevant reports:

• Human Rights Watch Report 2000: http://www.hrw.org/legacy/reports/2000/fry/
• Kosovo/Kosova As Seen, and Told - An analysis of the human rights findings of the OSCE Kosovo Verification Mission October 1998 to June 1999 http://www.asylumlaw.org/docs/kosovo/osce99_kosovo_asseenastold.pdf
• OHCHR unpublished Report on Witness Protection (2012)
• Kosovo Council for Defense for Human Rights and Freedoms records; Humanitarian Law Centre – Kosovo records; ICRC records, Kosovo Centre for Rehabilitation of Torture Victims records, Medica Kosova records, etc.

UNKT Joint Programme on Domestic Violence in Kosovo (Support to addressing Gender-based Violence in Kosovo)

The United Nations Kosovo Team (UNKT) Joint Program on Domestic Violence in Kosovo (Support to addressing Gender-based Violence in Kosovo through strengthening the implementation of the Law, National Action Plan and Strategy against Domestic Violence 2010-2013: A Comprehensive and Inclusive Approach to address Gender-based Violence in three Pilot Municipalities) was formulated by the Gender based violence (GBV) Task Force, composed of UNDP, UNFPA, UNICEF, UN Women and OHCHR, under the overall leadership and guidance of the UN Development Coordinator. The GBV program is also shaped to contribute to the implementation of UN Security Council Resolution 1325 (2000) on women, peace and security. During the development phase of the programme, consultations indicated that women who were subjected to rape and sexual violence related to the 1999 conflict have yet to receive justice.

Duties and Responsibilities

• Identify and analyze gaps in the legislative framework concerning access to justice; protection measures for persons who have been survivors of sexual violence as well as remedies and reparation.
• Identify and analyze institutional capacity needs in regards to access to justice for survivors and witnesses, including for legal advice to survivors of sexual violence, as well as support to prosecutors and judicial investigators.
• Analyze the long-term consequences of sexual violence from the perspective of survivors and witnesses; analyze the availability and quality of services such as psycho-social, health, employment opportunities etc. and make related recommendations.
• Contribute to the existing truth-seeking and ‘memory’ initiatives for documenting and acknowledging sexual violence as a past human rights violation and recommend new methods which can contribute to public understanding and promotion of truth, justice, reparation, and guarantees of non-recurrence.

Methodology:

The consultant conducting the research will formulate a detailed methodology which will ensure victim-centered and gender-sensitive approaches. The methodology will include quantitative and qualitative data collection methods including a desk review of available documentation; interviews with NGOs and other relevant stakeholders; in-depth structured interviews with individual survivors of sexual violence as well as witnesses. The research will aim to include evidence of survivors from all over Kosovo while taking into account the limitations that can be imposed because of the level of sensitivity for survivors and the communities. Special attention will be paid to the confidentiality of sources of information and respondents as well as the protection of survivors and witnesses.

• Prepare and submit: a detailed methodology including analytical and conceptual approach; a comprehensive list of relevant documents; a structure of the report; detailed sample questionnaires, confidentiality policy, etc. 01 - 15 May 2012. (10 working days, home-based).
• Prepare a detailed work plan for the entire research project – 16 - 20 May 2012. (5 working days home-based)
  - Conduct a desk review and consolidate the data from the existing reports and documents - 21 May to 01 June 2012 (10 working days, home-based).
• Conduct field visits and interviews – 02 June to 18 June 2012 (13 working days Kosovo-based).
• Review and analyze findings, develop the report and recommendations based on the outcomes of the research – 21 to 30 June. (10 working days home-based).
• Consolidate comments and finalize the research based on the inputs of the UNKT GBV programme technical group and relevant stakeholders – 01 July to 15 July 2012. (11 working days, home-based)

• Maintain regular contacts with OHCHR Head of Office and Programme Officer.
• With the support of the OHCHR Programme Officer coordinate the meetings and the interviews in the field.
• Supervise the work of the national consultant.
• Cooperate with the UNKT GBV programme team and provide regular feedback.
• Cooperate closely with the UN Women partner NGO, other local NGOs, and relevant stakeholders.
• Ensure confidential handling of contacts and information.

• 1 May – 15 July 2012 (Home-based and Kosovo-based)
  

Competencies

• Expertise in designing victim-centered and gender-sensitive methodologies and approaches on sexual violence related research.
• Proven ability to interview survivors and members of affected communities of different ethnic backgrounds.
• Knowledge and demonstrated practice of ethical processes to ensure confidentiality of interviewees.
• Proven negotiation skills and ability to establish effective and sensitive working relations with people from diverse cultural, ethnic, and social backgrounds.
• Excellent communication and interpersonal skills.

Required Skills and Experience

• Master’s in Law, Social Sciences, Forensic Psychology, International Relations, or other relevant disciplines.

Experience:

• Minimum 5 years of professional international experience in conducting research on war crimes or related fields, analysis, and report writing.
• Professional experience in International Human Rights Law with a specific focus on Gender-based violence
• Knowledge or work experience of the Kosovo context or the region is an asset.
• Computer skills (Word, Excel, PowerPoint, SPSS etc).

Languages:

• Proficiency in English language.
• Knowledge of Albanian and Serbian is an asset.

• Proposal:   (i) Explaining why they are the most suitable for the work   (ii) Provide a brief methodology on how they will approach and conduct the work
• Financial proposal  - 
   
  The financial proposal shall specify a total lump sum amount, and payment terms with the following schedule:
  First installment: 01 June 2012 upon delivery of: a) a detailed methodology including analytical and conceptual framework; b) a detailed work plan for the entire research; c) a draft desk reviews report.
  Second installment: 15 July 2012: Upon delivery of the final report.
  The financial proposal will include a breakdown of the lump sum amount (including travel, per diems, and number of anticipated working days).
• Personal CV including past experience in similar projects and at least 3 references