Background

Kyrgyzstan is the second poorest country in Central Asia with 33.7% of the population living in poverty and 5.3% in extreme poverty with huge regional disparities (National Statistical Committee 2010).  Women constitute the majority of poor, particularly in the rural areas.

Violence against women (VAW) is widespread and takes many forms, including domestic violence, bride kidnapping, trafficking, polygamy and physical abuse. Data is notoriously hard to track given the covert nature of such crimes. Absence of state-funded services for support and redress to survivors, psychological pressure and cultural traditions at community level discourage women from filing complaints. In a context of an intensive labour migration a prevalence of VAW and violation of rights of women in migrants families are even increasing. A traditional legal response to this is not enough and there is a need to apply more actively and additionally alternative methods for family disputes resolution and protection of women’s rights and interests. Spouses being usually in condition of deep psychological stress could not themselves resolve the conflict. That’s why the measure provided by judges usually doesn’t bring expected results and the legislative norms lose sometimes a practical sense.

In addition to significantly increased number of religious marriages, which could be easily collapsed by using a simplest procedure, divorces made by courts and civic registration offices, brings new challenges for women to protect their rights and ensure equal responsibilities and role of both parents in bringing up their children. Judges at courts could undertake measures to prevent divorces, but there is a little practice on implementation of such measures.

By now there is not efficient mechanism which could be helpful to resolve family disputes, which result to divorces and conflicts from women and children's rights perspectives. Only legal/judicial measures could not ensure expected results on protection of women’s rights in marriage. The alternative methods aimed at minimizing of negative consequences of divorces and other consequences,  an alternative mechanism for family conflict and dispute prevention and resolution and increasing accountability of all parties of the family dispute in regard of rights of family members, particularly, rights of women and children in very important to apply. It would help also to improve a public understanding, especially among youth, on family responsibilities and rights.

Duties and Responsibilities

In 2010 UNIFEM/UN Women in close partnership with IOM started implementation a three-year Joint Regional Migration Programme (RMP) funded by UK Government. From the beginning 2014 Phase II of this Programme is starting its implementation. The programme envisages UN Women-led interventions in three countries – Kyrgyzstan, Tajikistan and Kazakhstan – and aims to contribute to poverty reduction in Central Asia through the improved livelihoods of migrant men and women and to protect the rights and enhance the social and economic opportunities of migrant men, women and their families. Within the RMP UN Women contributes to improving access to free legal aid to migrant workers and their families as one of the priorities identified to address needs of the programme beneficiaries in the countries of migrants’ origin. By this it is planned to respond adequately to some of the negative impacts of labour migration and respond the needs of families left behind. More specifically it is planned to make a particular focus on protection of rights of women in marriage and to support in overcoming the negative social consequences of labour migration, including divorces and family disputes, through introduction of the mediation as alternation family disputes prevention and resolution tools.

For this purpose a specialized training for judges from RMP target districts (16 districts:

  • in South Kyrgyzstan – Togyz-Toroyskiy and Toktogul districts on Jalalabad region;
  • Kara Suyskiy and Kara Kulzhinskiy districts in Osh region;
  • Kadam-Zhaiskiy district in Batken;
  • Alamudunskiy, Zhailskiy and Sokulukskiy districts in Chui region;
  • Zheti Oguzskiy, Issuk Kulskiy and Tonskiy districts in Issuk Kul region;
  • At Bashinskiy and Zhumgalskiy districts in Naryn region; and
  • Bakay Atinskiy and Manasskiy region in Talas region)  on application of family mediation to prevent and resolve family disputes is foreseen.
The training is expected to contribute to strengthening capacity of the relevant partners in Kyrgyzstan (judges, advocates, etc.) for mediating family problems between relatives (to resolve disputes in family, custody issues, parents responsibilities and division of property, etc.).

To implement this, UN Women intends to hire an international consultant who will work closely with UN Women and its partners in Kyrgyzstan to develop and conduct a specialized training for judicial sector actors to strengthen capacity to apply the family mediation tools within their judicial practice.

Scope of Work and responsibilities

The International Consultant will report to the UN Women Programme Specialist at MCO Kazakhstan and work in direct consultation with UN Women RMP Project coordinator in Kyrgyzstan.

Main duty of the Consultant is to support to design a training module and deliver the basic mediation training for a team of local judges on application of family mediation as alternative dispute resolution tools with a specific focus on protection of rights of children and women in family and prevention of domestic violence. As a basic mediation training it is expected to provide judges with the strong understanding on the mediation as alternative dispute resolution and share with them essential techniques of mediation.  It has to cover the legal, financial and psychological background needed to negotiate the terms of the separation, custody and/or divorce and has to include family law, family dynamics, domestic violence, child development, ethical and practical considerations. The training has to be delivered by using adult education principles/approaches and by application of interactive methods, role-play, case study, videotape analysis, group discussions, etc. Costs of the training (travel of participants, copying of handouts, rent of premises, etc.) will be covered by UN Women separately. The Consultant will be assisted by two local experts/co-trainers to be hired by UN Women.

More specifically he/she will be responsible for:

  • To draft a programme of the basic family mediation training and share with UN Women for review;
  • To discuss and agree on detailed plan to prepare and conduct the training with for 2 local experts/co-trainers and share with UN Women for consideration;
  • Together with local experts/co-trainers to undertake all necessary preparatory work (negotiations with relevant partners/institutions, development of list of 20 local judges to be trained, pre- and post-training assessments, training materials with practical cases, exercises to be used, etc.) and prepare all necessary training materials in Russian language (handouts, cases, presentations, etc) to pass to UN Women for copying;
  • To undertake a trip to Bishkek, Kyrgyzstan to conduct all necessary preparatory work, meetings with relevant partners and deliver the training;
  • To deliver the training for a team of local judges totaling 20 persons from RMP targeted districts, based on the training module developed;
  • To undertake pre- and post-training assessment of participants to further present how the training help to strengthen the capacity of trainees, develop further recommendation on development and application of their mediation skills, etc.;
  • To discuss and agree with trainees perspectives for introduction of the training module on family mediation into a regular training curriculum of relevant training institution/s;
  • To prepare and submit a narrative report on performance of assigned tasks to UN Women.

Inputs:

  • UN Women will provide the expert with all available data, resource materials and necessary information to implement tasks, assist in conducting meetings, if necessary;
  • UN Women will cover costs of the training (travel costs of participants, copying of handouts, etc.) Expected deliverables

Expected deliverables:

  • Work plan and draft programme for the training for local judges and advocates developed and passed to UN Women (5 w.d.); and
  • A brief on consultations conducted with local experts/co-trainers hired by UN Women to assist in preparations for the training (2 w.d.) by 25 Aug 2014.
  • Final programme and materials for the training for local judges and advocates developed and passed to UN Women (7 w.d.); and
  • Field mission plan (maximum 10-day travel) submitted to and approved by UN Women (meetings are scheduled, etc.) (1 w.d.) by 20 Sep 2014 (80% of travel expenses will be advanced before mission).
  • Trip undertaken and training delivered (10 w.d.); and

Final report on performance of tasks assigned by the ToRs with supporting documents provided to UN Women, including:

  • Summary of the training conducted;
  • Training programme, materials and handouts;
  • Summary of findings of pre- and post-training assessments;
  • Concluding recommendations; etc. (5 w.d.) by 30 Oct 2014.

Total: 30 working days.

Competencies

Functional Competencies:
  • Familiarity with UN;
  • Knowledge of office software applications related to word processing, data management and presentation;
  • Substantive knowledge and understanding of mediation as alternative dispute resolution in the context of the judicial sector functions;
  • Establishes, builds and sustains effective relationships with clients, demonstrating understanding of client’s perspective; anticipates client needs and addresses them promptly.

Required Skills and Experience

Education:

  • Advanced degree in law, public policy, human rights or other social science fields;
  • Certification as a trainer-mediator.

Experience:

  • 5 years’ experience as af team leader/manager in designing, implementing and conducting the projects/initiatives in the area of mediation, rule of law;
  • 5 years’ experience as a trainer on mediation;
  • 3 years’ experience with international and donor organizations;
  • 3 years’ practical experience of working in Central Asia.

Language:

  • Written and oral proficiency in Russian is required. Knowledge of English is an additional asset.

Evaluation Process:

The candidates must possess the minimum qualification criteria mentioned above to be eligible for further technical evaluation. The minimum qualification criteria include Education, Experience, and Language requirements. Those candidates who meet the minimum qualification criteria will be requested to submit a sample  of the self-produced training-related document(s) on mediation or a link where the document(s) could be downloaded from.

The next stage of the evaluation will be comprised of cumulative evaluation of the technical proposal (70%) and a financial proposal (30%) of the technically qualified candidates.

Criteria / Max points:

  • Advanced degree in political science, conflict prevention and resolution, gender issues, public policy or other social science fields - 20;
  • Certification as a trainer-mediator - 20;
  • 5 years’ experience as af team leader/manager in designing, implementing and conducting the projects/initiatives in the area of mediation, rule of law - 50;
  • 5 years’ experience as a trainer on mediation - 50;
  • 3 years’ experience with international and donor organizations - 30;
  • 3 years’ practical experience of working in Central Asia - 30;
  • Familiarity with UN (proved by records of cooperation with UN projects/initiatives) - 30;
  • Knowledge of office software applications relating  to word processing, data management and presentation - 30;
  • Substantive knowledge and understanding of mediation as alternative dispute resolution in the context of the judicial sector functions (based on samples  of the self-produced training-related document(s) on mediation) - 40;
  • Establishes, builds and sustains effective relationships with clients, demonstrating understanding of client’s perspective; anticipates client needs and addresses them promptly (based on reference check) - 20;
  • Written and oral proficiency in Russian is required. Knowledge of English is an additional asset - 30.

Total: 350

Only candidates who reached at least 245 points will be qualified for financial evaluation, and will be requested to submit:

  • Financial proposal* aggregated and with breakdown (remuneration, travel expenses including per diem, tickets, lodging and terminal expenses, etc.)

Each applicant is required to submit an aggregated financial offer (“aggregated financial offer” is the total sum of all financial claims of the candidate for accomplishment of the task).

Financial Evaluation:

Evaluation of submitted financial offers will be done based on the following formula: B = T + Clow / C x 150.

where:

T – is the total technical score awarded to the evaluated proposal (only to those proposals that pass 70% of technical evaluation);
C – is the price of the evaluated proposal; and
Clow – is the lowest of all evaluated proposal prices among responsive proposals.
150 is the maximum financial points obtainable.

Successful Candidate:

The winning candidate will be the candidate, who has accumulated the highest aggregated score (technical scoring + financial scoring).

Submission package:

Financial arrangements:

Payments will be disbursed upon submission and approval of deliverables and certification by the UN Women that the services have been satisfactorily performed.

80% of travel expenses will be advanced prior to the field mission.


In July 2010, the United Nations General Assembly created UN Women, the United Nations Entity for Gender Equality and the Empowerment of Women. The creation of UN Women came about as part of the UN reform agenda, bringing together resources and mandates for greater impact. It merges and builds on the important work of four previously distinct parts of the UN system (DAW, OSAGI, INSTRAW and UNIFEM), which focused exclusively on gender equality and women's empowerment.
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Note:

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