Antecedentes
Objective of the assignment:
An individual will be hired by United Nations Office on Drugs and Crime (UNODC) to conduct a comprehensive gap analysis of the existing national lebalisation and its compliance with United Nations Trafficking in Persons Protocol and other relevant instruments. The assignment includes analysing all national laws, regulations, rules, policies and Court judgments that impact counter-trafficking in person in Sri Lanka. The analysis will consider the impact of Trafficking in Persons provision in the Penal Code and other relevant legislation.
Background of the assignment:
Over the years, human trafficking flows have modified to ever increasing levels of complexity. Geographical factors such as long and porous borders, as well as adverse human security conditions, climatic disasters and emergencies, and socio-economic factors such as gender imbalance, social stigmatisation of female victims of violence, poverty and lack of local sustainable livelihoods, coupled with misinformation, lack of adequate awareness, have also led to forced or unsafe migration, and fed into the increasingly complex push and pull factors of trafficking. Technological advances including mobile connectivity, internet availability and usage, on the one hand have led to increased advancements, while on the other hand have also, created opportunities for predatory traffickers, as well as modified the type of abuse of those trafficked.
While Member States have done significant efforts to prevent and address TIP, a few key challenges persist. These include:
- Low levels of awareness and reporting of TIP cases;
- Limited capacity to identify, investigate, prosecute and adjudicate trafficking in persons on the part of criminal justice practitioners and judicial officers;
- Lack of cooperation between States in all aspects – from rescue to investigation and prosecution;
- Links with other crimes (i.e. corruption, drug trafficking, money laundering, cyber-crime);
- Lack of adequate protection and assistance to victims.
Preventing and countering human trafficking requires a comprehensive response founded on assistance and protection of victims, sound legislation and policies, and rigorous enforcement by the criminal justice system, as well as a sound migration policy and regulation of the labour markets. In order for the needed response to be effective, it must be holistic, taking into consideration a range of issues from the identification, protection, support and access to justice of victims of trafficking and the protection of witnesses to the prosecution of traffickers. However, for adequate responses to be devised and implemented, there needs to be a comprehensive understanding of the patterns, trends and situation on the ground. This is a prerequisite to implement robust evidence-based responses.
UNODC is currently implementing a global project to address some of these challenges. In South Asia, this project is being implemented in India and Sri Lanka. This project will assess the current situation of trafficking in Sri Lanka, deliver technical support to the key stakeholders to increase their ability to identify, investigate, prosecute and adjudicate trafficking in persons and to protect and support victims and witnesses, and share the good practices being implemented in the region through the UNODC TIP-platform.
Deberes y responsabilidades
Scope of work and expected outputs/ deliverables:
As a part of the project activities in Sri Lanka, UNODC would like to commission a consultant for preparing a comprehensive gap analysis of the existing national legislation and its compliance with the United Nations Trafficking in Persons Protocol and other relevant instruments. The overall objective of this consultancy is to:
a) Provide a comprehensive list of all national laws, regulations, rules and policies (the Legal Framework) that impact TIP in Sri Lanka; identify the applicable provision and the authority and level of government responsible for its implementation;
b) Develop a set of recommendations to harmonize the Legal Framework and address gaps, that satisfy the following minimum requriements.
incorporate international minimum standards and consistent with the Palermo Protocol definition of trafficking;
harmonize with other Sri Lankan laws;
Incorporate a gender, and a victim-centered analysis;
- The analysis should consider:
- identification and protection of victims (including definitions of trafficking, legal obligations to report TIP);
- coordination and referral mechanisms;
- delivery of services to victims;
- victim’s rights to protection, legal representation in court, legal aid, compensation in both the civil and criminal process, access to services, repatriation between countries, etc.
- prosecution (provisions related to TIP);
- penalties; and
- any other relevant factors
The overarching scope of work and expected outputs/deliverables will be:
-Carry out detailed secondary/desk research through material available online and in printed form, such as relevant legislation, rules, regulations, policy briefs, judgements, circulars etc.
- Collect information through phone/ email/ Skype and where possible, direct contact with key stakeholders, such as government functionaries, UN agencies, NGOs, AHTUs, nodal officers of TIP, judicial academies, prosecutors and other experts etc. working on AHT.
- Collect information shared at UNODC stakeholder consultations, at discussions, as presentations, as well as through direct contact with the attendees.
Expected deliverables and dates and details as to how the work must be delivered and payment terms:
1. Research design (10%):
Output: Document that describes how the analysis will be carried out, primary and secondary sources and time line and plan of action – 5 Working Days
2. Conduct Analysis and present findings to UNODC (30%):
Output: Review all available sources of information; Conduct interviews with key informants across the sectors to complete the desk review; Submit detailed draft; and Present preliminary findings to UNODC – 10 Working Days
3. Complete detailed research (25%):
Output: Complete the draft report as defined in the research design with accompanying presentations – 10 Working Days
4. Deliver findings to the stakeholders (20%):
Output: Deliver findings to members of the National Anti-Human Trafficking Task Force/ other relevant stakeholders and to UNODC – 2 Working Days.
5. Revise and finalize the research (15%):
Output: Complete the final report as defined in the research design – 3 Working Days
Competencias
- Excellent understanding of the emerging issues related to human trafficking, including of the online/cyber dimensions.
- Experience of having worked within the criminal justice sector.
- Knowledge of and practical experience in conducting assessments and gap analysis.
- Experience in the usage of computers and office software packages (MS Word, , Power-point etc.).
- Excellent writing, editing, and oral communication skills in English.
Habilidades y experiencia requeridas
- At least 12 years of experience in the field of rule of law, human rights and some experience in preventing and countering human trafficking.
Time-frame:
The Contract will be for total of 30 days from the 20th June till 19th August.
Reporting and communication:
The consultant will work under the overall supervision of the Representative/Deputy Representative UNODC Regional Office for South Asia (ROSA), and under the Programme Coordinator and Country Programme officer for Sri Lanka.
Award of the contract:
The contract shall be awarded to the individual whose offer has been evaluated and determined as:
- Responsive to the criterion outlined in the TOR.
- Having received the highest score of a predetermined set of technical and financial criterion specific to the solicitation and based on cumulative criterion.
Technical Criteria weight - 70 marks:
- Educational Qualification - 10 points
- Experience in the rule of law and criminal justice field and some experience in human trafficking issues - 20 points
- Experience in research/assessments/gap analysis - 20 points
- Experience of South Asian development context and working with the government and development partners in the region (in particular within Sri Lanka) – 20 points.
Financial Criteria weight - 30 marks:
Technical and Financial Proposals to be submitted separately.
Only candidates obtaining a minimum of 49 points (70% of the total technical points) would be considered for the Financial Evaluation.
Note:
- Any kind of miscellaneous charges i.e. internet, phone etc. would not be reimbursed;
- Please note proposals without financial proposal will not be considered;
- Individuals working with institutions may also apply, contract would be issued in the name of institution for the specific services of individual;
Note: If the consultant anticipates some necessary field travel, it should be budgeted in the proposal.
To apply please access UNDP Jobs site http://jobs.undp.org
The application should contain:
- Cover letter (1 page) explaining why you are the most suitable candidate for this Terms of Reference;
- Updated CV to include qualifications/competencies and relevant past experience in similar projects and contact details of 2 professional referees who can certify your competencies, professionalism, quality of writing, presentation and overall suitability to this TOR (max 3 pages);
- Individual consultants will be evaluated based on a combimation of factors including cover letter, the credentials on offer and brief interview (optional) and the offer which gives the best value for money for the organization.
- Please send the Financial Proposal separately to e-mail address: consultants.lk@undp.org stating the vacancy number/position in the subject line. Do not submit your financial proposal with your CV and/or cover letter to http://jobs.undp.org
FINANCIAL PROPOSAL
All Inclusive Lump Sum Fee: LKR
Or
All Inclusive Daily Fee: LKR
Amount in words: LKR
For an Individual Contractor who is 65 years of age or older, and on an assignment requiring travel, be it for the purpose of arriving at the duty station or as an integral duty required travel under the TOR, a full medical examination and statement of fitness to work must be provided. Such medical examination costs must be factored in to the financial proposal above. Medical examination is not a requirement for individuals on RLA contracts.
Contact information for queries related to the Request for Proposals:
For any clarification please contact: