Background

UN Women, grounded in the vision of equality enshrined in the Charter of the United Nations, works for the elimination of discrimination against women and girls; the empowerment of women; and the achievement of equality between women and men as partners and beneficiaries of development, human rights, humanitarian action and peace and security.

One of the key areas of UN Women work in Ukraine is Women, Peace and Security (WPS). In partnership with the Office of the Deputy Prime Minister on European and Euro-Atlantic Integration, UN Women provides support to the national security sector institutions in implementation of the UN Security Council Resolution 1325 and the subsequent resolutions on Women, Peace and Security. UN Women supports the state institutions with the implementation of the Revised National Action Plan for Implementation of UNSCR 1325 on Women, Peace and Security for 2016-2020 (NAP 1325)[1], which represents the vision of the government for the gender-specific response to the conflict and its consequences. The NAP includes several areas of responsibility of the state institutions on mainstreaming gender into peace and security agenda, including: increasing women’s participation in peacebuilding processes and peacekeeping operations, conducting a gender assessment and providing gender-responsive services to people affected by conflict, ensuring human rights and protection of women’s rights, among other priority actions. Prevention and combating conflict-related sexual violence is outlined as one of key focus areas of the revised NAP 1325 to be addressed by the government. Also, in September 2018 the Government of Ukraine adopted National Action Plan on the implementation of the Committee on the Elimination of Discrimination against Women Concluding Observations to the eighth periodic report of Ukraine on by 2021[2] . The respective action plans have incorporated targeted actions for the duty-bearers to make the legal amendments, integrate the capacity building of the security sector and law enforcement agencies on conflict-related sexual violence (CRSV), application of UN system of early warning indicators for prevention of sexual violence in conflict, as well as adoption of guidance notes for investigation of cases of CRSV.

In November 2018 a Strategy for Prevention and Response to Conflict-Related Sexual Violence in Ukraine (CRSV Strategy) was endorsed by the Deputy Prime Minister for European and Euro-Atlantic Integration, which was developed by UN Women and OHCHR upon the request of the Government. The endorsement of the strategy is a response measure to the recommendations, provided in the thematic report on conflict-related sexual violence in Ukraine. The mentioned report was produced by the Human Rights Monitoring Mission of the Office of the High Commissioner on Human Rights (HRMMU) in February 2017 and covered the period from March 2014 to January 2017, highlighting 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.

As of 11 January 2019, the changes to Criminal Code of Ukraine came into force[3], which addressed some of the legal gaps in the definition of rape and sexual violence. However, the definition of the conflict-related sexual violence is still missing from the legislation. The recently endorsed CRSV strategy recommends amending existing national legislation in line with international law to ensure that cases of CRSV can be prosecuted without unrealistic expectations in terms of evidence and definition. The Parliament has initiated - through the Parliamentary Committee on Human Rights - the process of developing legislation on transitional justice, where, among others, CRSV has to be regulated.

To support the Parliament and the Government in developing the legal and policy framework for implementation of the Strategy for Prevention and Response to Conflict-Related Sexual Violence in Ukraine, UN Women is seeking for an international consultant. The international consultant – in cooperation with UN Women staff - will provide expert advice and technical support to the Parliament (Parliamentary Committee on Human Rights and the Parliament Interfaction Caucus on Equal Opportunities and the Government (Office of the Deputy Prime Minister of European and Euro Atlantic Integration and responsive line ministries) on the required legal amendments and provisions for regulating conflict-related sexual violence in national legislation, in line with international normative framework, as well as on the respective policies related to the implementation of CRSV Strategy.

[1] Approved by Decree No. 113-p of the Cabinet of Ministers, dated 24 February 2016, available at: https://zakon.rada.gov.ua/laws/show/637-2018-%D1%80

[2] Approved by Decree No. 634-p of the Cabinet of Ministers, dated 5 September 2018, available at https://www.kmu.gov.ua/ua/npas/pro-go-planu-dij-z-vikonannya-rekomo-zhinok-do-vosmoyi-periodichnoyi-dopovidi-ukrayini-pro-vikonannya-konvenciyi-pro-likvidaciyu-vsih-form-diskriminaciyi-shchodo-zhinok-na-period-do-2021-roku

[3] On Changes to Criminal Code of Ukraine with the aim of realization of provisions of Council of Europe Convention on preventing and combating violence against women and domestic violence, signed by the President of Ukraine on 6 December 2017, available at: https://zakon.rada.gov.ua/laws/show/2227-19

Duties and Responsibilities

Under the overall guidance of the UN Women Representative and direct supervision by the Programme Specialist/Project Manager, the International Consultant will provide technical support to the Parliament (Parliament Committee on Human Rights and the Parliament Interfaction Caucus on Equal Opportunities) and the Government (Office of the Deputy Prime Minister of European and Euro Atlantic Integration) through technical advice and expertise in improving the legislation and policy framework for prevention and response to conflict-related sexual violence in Ukraine, and share the international best practices to operationalize the framework of the government policy on ensuring equal rights and opportunities men and women. The assignment will include but not be limited to the following tasks developed in coordination with the Parliament (Parliament Committee on Human Rights and the Parliament Interfaction Caucus on Equal Opportunities) and the Government (Office of the Deputy Prime Minister of European and Euro Atlantic Integration) and UN Women:

1. Assist the Parliament (Parliament Committee on Human Rights and the Parliament Interfaction Caucus on Equal Opportunities) and the Government (Office of the Deputy Prime Minister of European and Euro Atlantic Integration) through advisory legal and policy support on contextualizing best international practices, based on the initial needs identified by the Parliament (Parliament Committee on Human Rights and the Parliament Interfaction Caucus on Equal Opportunities) and the Government (Office of the Deputy Prime Minister of European and Euro Atlantic Integration) and the initial desk review of the international consultant. This includes multi-stakeholders’ consultations (with participation of the CSOs);
2. Provide the Parliament (Parliament Committee on Human Rights and the Parliament Interfaction Caucus on Equal Opportunities) and the Government (Office of the Deputy Prime Minister of European and Euro Atlantic Integration) with the recommendations on the development of the Law on Transitional Justice and other related legal acts, addressing the needs of prevention and response to the conflict related sexual violence. This includes multi-stakeholders’ consultations (with participation of the CSOs).
3. Under direct supervision of UN Women, in close partnership/collaboration with the Parliament (Parliament Committee on Human Rights and the Parliament Interfaction Caucus on Equal Opportunities) and the Government (Office of the Deputy Prime Minister of European and Euro Atlantic Integration) as, well as, in cooperation with Ministry of Interior, Ministry of Social Policy, Ministry of Justice of Ukraine and other line ministries and governmental bodies, international and non-governmental organizations, provide policy advice on the prevention of and response to conflict-related sexual violence. This includes multi-stakeholders’ consultations (with participation of the CSOs);
4. Support the Parliament (Parliament Committee on Human Rights and the Parliament Interfaction Caucus on Equal Opportunities) and the Government (Office of the Deputy Prime Minister of European and Euro Atlantic Integration) with technical advice on building and/or strengthening the mechanisms for coordination and M&E of implementation of the CRSV Strategy based on the good practices from the countries with successful experience of addressing CRSV in line with international standards, Ukrainian context. Hold multi-stakeholders’ consultations (with participation of CSOs).

Assignment Deliverables:

*All reports should be submitted in English language and include the full set of supporting documents, such as analytical briefs, meeting notes, handouts and lists of participants. All the deliverables should be agreed and endorsed by UN Women Country Representative. The timeframe for the work of the International Consultant is tentatively planned from 10 February to 20 October 2020, with an estimated total volume of work not to exceed 50 working days, including at least three missions to Ukraine, coordinated in advance with the UN Women and the Parliament and the Government, 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.

Inputs

• UN Women, the Parliament and the Government will provide the Consultant with background materials related to the assignment
• The consultant is expected to work remotely using her/his own computer.

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, efficiency, accuracy, and quality of the products delivered. The evaluation of the deliverables will be carried out and cleared by the hiring manager, which will also be the basis for payment to the consultant.

Financial arrangements:  

Payments will be disbursed in five installments as per the following deliverables:

• Upon submission of the Deliverable 1 - draft plan and methodology for implementation of assignment drafted and agreed with UN Women, the Parliament and the Government and Government Commissioner on Gender Equality Policy (by 20 February 2020).
• Upon submission of Deliverable 2 – Desk review submitted and the first at least 2-days mission to Ukraine conducted to provide technical advice to the Parliament (Parliament Committee on Human Rights and the Parliament Interfaction Caucus on Equal Opportunities) and the Government (Office of the Deputy Prime Minister of European and Euro Atlantic Integration). The report on the work done for the period: the progress and achievements, lessons learned and recommendations submitted. (by 15 April 2020).
• Upon submission of the Deliverable 3 – The second at least 2-days mission to Ukraine conducted to provide technical advice to the Parliament (Parliament Committee on Human Rights and the Parliament Interfaction Caucus on Equal Opportunities) and the Government (Office of the Deputy Prime Minister of European and Euro Atlantic Integration). The report on the work done for the period: the progress and achievements, lessons learned and recommendations submitted (by 15 June 2020).
• Upon submission of the Deliverable 4 – The third at least 2-days mission to Ukraine conducted to provide technical advice to the Parliament (Parliament Committee on Human Rights and the Parliament Interfaction Caucus on Equal Opportunities) and the Government (Office of the Deputy Prime Minister of European and Euro Atlantic Integration). The report on the work done for the period: the progress and achievements, lessons learned and recommendations submitted (by 15 September 2020).
• Upon submission of the Deliverable 5 - final report about the progress and achievements, lessons learned and recommendations submitted (by 7 October 2020).

The payments will be processed upon approval of deliverables and certification by UN Women 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: https://www.unwomen.org/-/media/headquarters/attachments/sections/about%20us/employment/un-women-values-and-competencies-framework-en.pdf?la=en&vs=637

Required Skills and Experience

Education:

• Advanced (Masters) 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, women, peace and security and CRSV;
• Proven experience with conducting legal analysis of normative documents (laws/by-laws) and developing legal and policy frameworks on prevention and response to the CRSV;
• Previous experience of providing advisory/technical support to the parliaments and the governments dealing with CRSV and its aftermath, including in the establishment of reparation system, establishing multi-sectoral state mechanisms to prevent and respond to CRSV;
• Proven experience with coordination of multiple stakeholders’ activities and liaison with governmental and non-governmental stakeholders, including OHCHR, UN Women;
• Previous experience developing complex, multi-year proposals and logical frameworks or Government policies on CRSV.

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 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 and financial criteria specific to the solicitation.

Technical criteria - 70% of total evaluation. Total max 70 points:

The total number of points allocated for the technical qualification component is 70. The technical qualification of the individual is evaluated based on desk review and following technical qualification evaluation criteria:

Financial/Price Proposal evaluation:

• Only the financial proposal of candidates who have attained a minimum of 49 points in the technical evaluation 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:

The candidate’s application should include:

1. P11 with indication of relevant experience in line with the ToR requirements.  Completed and signed UN Women Personal History (P-11) form can be downloaded from: https://www.unwomen.org/-/media/headquarters/attachments/sections/about%20us/employment/un-women-p11-personal-history-form.doc?la=en&vs=558 
2. Financial proposal (sample is provided below): The financial proposal shall specify a total lump sum amount with a breakdown of a daily professional rate per number of anticipated working days, travel costs (daily subsistence allowance and other in-country travel costs) and other related costs (e.g. tele-communication).

Interested candidates are requested to apply no later than 27 January 2020 by submitting applications to the following e-mail address: hr.ukraine@unwomen.org with a subject “International Consultant on the Prevention and Response to the Conflict-Related Sexual Violence”.

Applications without financial proposal may be treated as incomplete and may not be considered for further assessment.

Sample of Financial Proposal

The format shown on the following tables is suggested for use as a guide in preparing the Financial Proposal

1. Cost Breakdown per Deliverables*

*Basis for payment tranches

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.