Background

The Strengthening Technical Capacities of the National Institutions for the Human Rights Protection and Promotion Project, financed by the Ministry of Foreign Affairs of Denmark and implemented by UNDP Moldova, is seeking to support the implementation of the human rights reforms, plans and commitments in Moldova by ensuring that the capacities of the national institutions with a mandate in human rights field are strengthened, so that they are able to perform their key functions on the human rights monitoring, reporting, promotion and protection. The overall objective of the project is to improve human rights protection and rule of law, including effective national implementation of European and international instruments in the Republic of Moldova, and in-line with the national priorities, strategies and plans.

For these purposes the Project also seeks to develop the capacities of the National Institute of Justice (NIJ) in the provision of the up to date training services for future and actual judges and prosecutors and other actors of the justice sector, to ensure curricular correspondence with the substantive and procedural international and national human rights law; to mainstream the international and regional human rights instruments and standards (including on gender equality, equality and non-discrimination, racism, intolerance and hate speech, anticorruption and professional ethics) into the NIJ curricula.

In 2016 a report was prepared by an international consultant with the evaluation of the existing NIJ’s training programmes and educational activities. The report provided a number of suggestions and recommendations as to reforming the NIJ’s curriculum, strengthening the practical character of NIJ’s training programmes and further mainstreaming of human rights therein. It was concluded that the effective development of human rights training is impossible without implementing and developing new teaching methods at the NIJ.

The practical value of the initial training should be enhanced by clearly distinguishing it from the studies at the university level. In order to achieve this goal, the initial training should focus on the development of practical skills of future judges and prosecutors relying on moot court/simulation techniques and practical tasks. Therefore, more case-scenario based trainings and assignments should be introduced into the curriculum and more interactive methods employed in order to enforce ethics and anticorruption standards and to teach practical legal skills to the NIJ trainees. For continuous/in-service training the amount of practical training activities should also be increased.

International human rights standards should also be integrated into the practical scenarios rather than taught separately. It is important to show human rights in action through their application in national legal framework and legal practice. Therefore, it is important to include human rights issues and standards into practical tasks, moot trials/simulations of the substantive legal disciplines, thus reducing the theory of human rights to the necessary minimum. That way the attendees will clearly see how human rights can be applicable in practice.

In addition to this, the UN-Moldova Partnership Framework 2013-2017 (UNPF) sets the target of amending the NIJ’s curriculum with modules on each of the international treaties, mechanisms and instruments (ICESCR, ICCPR, CAT, ICERD, CEDAW, CRC, CRPD and 1951 Refugee Convention) by 2017.

Duties and Responsibilities

The main objective of this consultancy is to implement interactive and practical methods of training at the National Institute of Justice (NIJ) aimed at developing practical skills of the NIJ’s trainees, to develop and test complex pilot training modules based on simulation and mooting methods, and act as a mentor for the NIJ trainers and management on issues of training methodology.

In order to achieve the objective, the International Consultant shall perform the following tasks:

1. Preliminary desk review:
   1. Review the available studies and reports on the activity of the NIJ with the relevant suggestions and recommendations regarding training programmes and curriculum at the NIJ, review other information relevant for the purpose of the assignment;
   2. Prepare a detailed plan of the activities within the assignment;
2. Determining the competences for future judges and prosecutors to be developed as a result of the initial professional training:
   1. Determine the basic set of key competences and skills for future judges and prosecutors (that are required for the exercise of their professions in the context of the Republic of Moldova) that the NIJ trainees should obtain by the end of the initial training stage (hereinafter – key competences). The set of key competences should lay the basis of further work on integrating practical training methods into the NIJ’s curriculum and should be the aim of all training activities at the NIJ;
   2. Conduct an assessment of the current NIJ’s initial training curriculum in order to establish whether it allows to develop the defined key competences of the NIJ’s trainees;
   3. Provide recommendations on potential modifications into the NIJ’s initial training curriculum and/or legislative amendments so as to develop and put in practice the key competences of the trainees more effectively;
3. Integrating interactive and applied methods of teaching and vocational legal training into the NIJ’s initial and continuous/in-service training activities:
   1. Analyse how interactive and applied methods of teaching and vocational legal training (moot-trials, simulations, case-method and case studies, discussions, etc.) are currently used by the NIJ at the initial and continuous training levels;
   2. Identify ways for improvement in the use of interactive and applied teaching methods that can be effectively employed by the NIJ in its training activities;
   3. Conduct training needs assessment for the NIJ staff on the use of interactive and applied teaching methods;
   4. Produce recommendations for the NIJ as to the implementation of interactive and applied methods of teaching and legal training that can be employed by the NIJ in order to increase the efficiency of their legal trainings, develop practical legal skills and human rights application, and ensure that the key competences are developed by the NIJ trainees, particularly at the level of initial training;
   5. Deliver trainings to the NIJ’s trainers on the effective use of interactive and applied teaching methods and techniques in vocational legal training. The trainings shall, among others, include practical exercises to develop effective teaching skills with the NIJ trainers, methodology on how to develop effective training case studies, scenarios, simulations, moot trials and moderate discussions, mainstreaming at the same time the relevant human rights standards, communicate effectively with trainees, etc;
   6. Assist and mentor the NIJ trainers in their use of the new teaching and training methods and techniques during working missions to Moldova;
   7. Prepare guidelines for NIJ’s trainers on the use of practical legal teaching and training methods, elaboration of practical training modules, effective instruction of trainees, elaboration of training materials mainstreaming relevant human rights standards, etc.;
4. Develop two pilot practical training modules based on simulation and mooting methods that would meet the following criteria:
   1. The trainees should have the possibility to change their roles and have an opportunity to play most of professional roles in a criminal case during the course (criminal investigation officer, prosecutor, defence lawyer, a lawyer representing parties in a civil case, investigative judge, judge at the trial and appeal stages);
   2. The modules should include preliminary individual reading and preparation sessions assisted by the trainers preceding practical tasks and assignments;
   3. The case scenarios should have one detailed main line with additional sub-scenarios that would develop the case and introduce various topics into it. The scenario(s) should not only include all stages of a criminal and a civil case, but also integrate a wide range of human rights issues and problems (both material/substantive and procedural; e.g., rights of persons belonging to minorities, rights of minors, rights of persons with disabilities, protection of personal data, right to a fair trial, non-discrimination, prevention of torture, arrest/detention, freedom of assembly and association, etc.) that the trainees should solve while going through the module at various stages of the case;
   4. The 2 modules should be based on one criminal case scenario and one civil case scenario based on Moldovan legislation and shall include all main stages of criminal and civil procedure and relevant human rights issues and standards (starting with the launch of criminal investigation and, respectively, the preparation of the claim and finishing with the appeal stages);
   5. The modules will be taught by the selected team of NIJ’s trainers assisted by the International Consultant. The selected International Consultant will have to develop all necessary instructions for the trainers to conduct effectively this module;
   6. The duration period of the modules will be up to one NIJ’s semester;
   7. The modules should (among others) consolidate theoretical knowledge in criminal and civil law, criminal and civil procedure, human rights and other related areas of law through practical exercises, teach practical skills to future judges and prosecutors, teach legal writing through drafting specific procedural documents, teach pre-trial and trial skills, develop communication skills of the trainees necessary to exercise the professions of judges or prosecutors, teach how to deal with human rights issues in practical situations, etc.
   8. The main objective of the modules is to teach the trainees practical professional skills with the aim of developing the key competences. The trainees should learn how to use their theoretical knowledge in real-life situations;
5. Develop an Action Plan to implement the recommendations made and assist the NIJ in its implementation;
6. Produce regular progress reports;
7. Produce a detailed and comprehensive final report on the relevant findings, respective recommendations and all assignment related activities performed;
8. Perform other assignment related tasks.

This is a part-time consultancy. The International Consultant will work under the direct supervision of and in cooperation with the NIJ management and UNDP Project Manager. Five-to-seven working missions to Chisinau, Republic of Moldova, are envisaged under this assignment. The International Consultant will work in close cooperation with a local consultant who will assist him/her in the preparation of the simulation training module and trainings for NIJ trainers and advise the International Consultant on the relevant provisions of Moldovan law.

Competencies

• Strong knowledge of interactive and applied teaching methods and techniques in vocational legal training, understanding of the specific nature of such training;
• Proven knowledge of the UN human rights protection mechanisms and standards;
• Knowledge of the human rights situation and human rights related problems in the Republic of Moldova and the region is an asset;
• 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;
• Creativity;
• Flexibility;
• Punctuality.

Required Skills and Experience

Education:

• Master’s Degree or equivalent (5-year university education) in Law, Human Rights, Pedagogy, Social Sciences, or other relevant field; with PhD degree being an asset;

Experience:

• At least 8 years of proven professional experience in developing and delivering vocational legal training programmes (initial and continuous), developing training curricula for legal professionals, of which at least;
• At least 5 years of experience in conducting trainings, developing training methodologies and programmes, or exercising other related assignments at training institutions for judges and/or prosecutors;
• Previous experience of conducting trainings for trainers;
• Previous working experience related to professional legal training issues in Eastern European and/or former Soviet Union countries is an asset;
• Previous experience of integrating human rights topics and modules into vocational legal training programmes and training curricula is an asset;

Language:

• Proficiency in English language;
• Knowledge of Romanian and/or Russian language is an asset;

Application instructions:

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

1. Technical Proposal:
   1. explaining how applicant responds to each of the qualification requirements and why he/she is the most suitable for the work (particularly providing details on the previously implemented similar projects and assignments and previous experience in the fields related to this consultancy as described in the terms of reference);
   2. describing a short vision on achievement of tasks;
2. Personal information (Personal History Form /P11) including records of past experience in similar projects/assignments and concrete outputs obtained with three references;
3. Financial proposal (in USD, specifying the total lump sum amount as well as the requested amount of the fee per day).

Note:

For complete information about this vacancy including detailed tasks and responsibilities, full and detailed description of the evaluation procedure which will be applied please refer to the Terms of Reference, the Individual Consultant Procurement Noticeas well as the UNDP General Conditions of Individual Contract and P11 form,published at the UNDP Moldova website, Jobs Section: http://www.undp.md/jobs/jobdetails/1390/