Two National Consultants for Developing Guidelines on Prevention of and Response to Gender-Based Violence in Ukraine

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. UN Women work in Ukraine focuses on supporting the government and civil society in advancing gender equality and implementation of the national gender equality policies and international commitments on gender equality and the empowerment of women, including Sustainable Development Goals, Beijing Platform for Actions, Convention on Elimination of All Forms of Discrimination against Women (CEDAW), and its Optional Protocol, UN Security Council Resolutions on Women, Peace and Security and others.

Domestic violence is one of the most pervasive forms of gender-based violence. According to the 2019 OSCE-led Survey on Violence against Women in Ukraine two-thirds (67%) of surveyed women stated that they have experienced psychological, physical or sexual violence at the hands of a partner or non-partner since the age of 15 and  nearly three in ten women (28%) who have had a previous partner say they have experienced physical and/or sexual violence at the hands of a previous partner compared to 15% of women who currently have a partner who say they have experienced current partner physical and/or sexual violence.[1]

The COVID-19 pandemic and subsequent mobility restriction measures in Ukraine have led to an increase of domestic violence cases against women, including against children and older people[2]. Such factors as stress caused by social isolation, additional domestic and care work, increased intake of alcohol and unmet socio-economic needs directly contributed to the escalation of domestic violence. At the same time, disrupted public services due to unavailability of public transportation or changed modus operandi of public service providers hamper the access to justice and social services of domestic violence survivors. Rare use of restraining orders against domestic violence perpetrators, as well as the limited number of shelters for survivors of domestic violence in Ukraine are leaving survivors without protection and prone to continuous risk of violence. [3]

The due diligence principle stemming from the international human rights law, explicitly expressed in the the UN Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), ratified by Ukraine in 1981[4], requires the State parties to take specific measures to protect women from violence, to prosecute acts of violence, and to prevent further acts of violence. The failure of the State to apply the due diligence principle to prevent, investigate and, punish the acts of violence against women represents a violation of its international obligations.

Safety of the victim[5] and the accountability of the perpetrator of gender-based violence are at the core of an effective response of the State to violence against women. Comprehensive protection measures should be in place to provide safety and dignity for victims. The victim’s safety should be central to any decision taken by the court in a gender-based violence case.

Ukraine has made significant progress in improving its legislative framework pertaining to prevention and combating of gender-based violence, including by criminalizing domestic violence and aligning other gender-based violence crimes to the standards enshrined in the CoE Istanbul Convention. Replacing the 2001 Law on Prevention of domestic violence, in 2017 the Ukrainian Government  adopted the Law on Prevention and Combating Domestic Violence. [6][7] The new law declares a zero tolerance to domestic violence, recognizing its social danger, and introduces the emergency restraining orders issued by police and the longer term restraining orders issued by courts to ensure an effective protection of victims of domestic violence.

In order to ensure the protection of the rights and interests of survivors of domestic violence, gender-based violence, as well as to ensure an appropriate response to such violence, providing assistance to survivors, creating conditions for each child to exercise the right to grow up in a safe family environment, the Decree of the President of Ukraine ?398/2020 “On urgent measures to prevent and combat domestic violence, gender-based violence, protection of the rights of victims of such violence”[8] took effect as of 21 September 2020.

The Law Enforcement Reform, one of the 18 reforms implemented by the Government of Ukraine, aims to make systems more transparent and improve the protection of human rights and community security. The Ministry of Internal Affairs of Ukraine (Ministry) has been implementing initiatives with technical support from UN Women to improve community security and prevention of gender-based violence through close engagement with the local authorities and communities. In 2016 in frame of Violence has No Excuse campaign UN Women in partnership with the Ministry of Internal Affairs of Ukraine and the National Police of Ukraine has developed the Algorithm of Actions of Police Officer in case of violence. The Algorithm provides practical guidance to police officers on the steps to be undertaken in case of domestic violence and is based on the national legislation in this area, which was in force before the adoption of new Law in 2017.

Against this background, UN Women is seeking two national consultants to develop Guidelines on Domestic Violence Prevention and Response for Police based on the recently adopted national legislation with regards to domestic violence and international standards in this field.

[1] Organization for Security and Co-operation in Europe (OSCE), OSCE-led Survey on Violence against Women: Ukraine Results Report, 2019

[2] Data received from Social Affairs Departments of Donetsk and Luhansk regions: Luhansk region: 1069 in the 1st Quarter 2020 compared to 1st Q 2019 - 748 appeals. Out of 1069 cases in the 1st Quarter 2020 appeals came from: children - 21; women – 828; men – 215. Donetsk region: 1970 in the 1st Quarter 2020 compared to 1st Q 2019 – 1196 appeals. Out of 1970 cases in the 1st Quarter 2020 appeals came from: 8 – children; 1758 – women; 204 – men 

[3] UN Women Ukraine, Assessment of domestic violence service providers responsiveness and risks faced by survivors of 

domestic violence and women at risk during COVID-19 pandemic confinement measures in Zaporizhzhia, Donetsk and Luhansk regions, 26 March – 2 April 2020 

[4] CEDAW ratification by Ukraine https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=183&Lang=EN

[5] The term “victim” is used in lieu of “survivor” because it shows the procedural legal standing of the person who suffers from gender-based violence. The Council of Europe Convention on preventing and combating violence against women and domestic violence also uses the term “victim”, since it specifically refers to gender-based violence crimes.

[6] https://zakon.rada.gov.ua/laws/show/2229-19#Text

[7] https://zakon.rada.gov.ua/laws/show/2789-14#Text

[8] https://www.president.gov.ua/documents/3982020-35069 

Duties and Responsibilities

Under the overall guidance of the UN Women Ukraine Representative, and direct supervision by UN Women Programme Specialist, the two National Consultants will be responsible for the following tasks:

• Conduct a desk review of the domestic legislation, subsequent regulations (risk assessment, coordination and referral) and existing guidelines pertaining to the mandate of the National Police of Ukraine in preventing and combating domestic violence, as well as of international standards in this field.
• With guidance from UN Women and Ministry of Internal Affairs develop a comprehensive Guideline for the National Police of Ukraine on preventing and combating domestic violence in line with the new legislation and international standards in this field.

Assignment deliverables:

	Deliverable	Foreseen number of working days per consultant
1.	Desk review of the current legislation and regulations, and provision of an outline of the content of the Guidelines	3 working days by 27 October 2020
2.	First draft of the Guidelines	12 working days by 13 November 2020
3	Second draft of the guideline incorporating the comments received from UN Women and Ministry of Foreign Affairs	5 working days by 27 November 2020
4.	Presentation/launch of the Guidelines on GBV Prevention and Response during a meeting to be organized in collaboration with the Ministry of Internal Affairs. Consultants prepare prezi/powerpoint presentations, infographics from the Guidelines.	2 working days by 02 December
	Total:	22 days

The two National Consultants are expected to work together closely throughout the assignment. All the above listed deliverables will be presented in Ukrainian. UN Women will provide the translation of the documents to English. The Consultants are expected to work from home and will be provided with strategic guidance and relevant documentation by UN Women during the implementation of the assignment. 

1. Travel and accommodation

If the Consultants are based outside Kiev, UN Women will organize and cover all travel and accommodation costs in case of travel to Kiev.

1. Performance evaluation:

Consultants’ performance will be evaluated against such criteria as: timeliness, responsibility, initiative, communication, accuracy, and quality of the products delivered. The evaluation will be carried out and cleared by the hiring manager after receiving and accepting deliverables as per above schedule, which will also be the basis for payment to the Consultants.

Financial arrangements:  

• Payment will be disbursed in two installments (first installment for Deliverables 1 and 2; second installment for Deliverables 3 and 4) upon the approval of the deliverables and the certification by the UN Women Programme Specialist that the services have been satisfactorily performed.

Competencies

Core Values

• Respect for Diversity;
• Integrity;
• Professionalism.

Core Competencies

• Awareness and Sensitivity Regarding Human Rights based Approach and Gender Issues;
• Accountability;
• Effective Communication;
• Inclusive Collaboration;

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:

• Master’s Degree or Equivalent in Law, International Relations, Gender Studies, Social Sciences or other related fields.

Experience:

• Minimum 3 years of experience in the field of law, human rights and/or gender equality, governance and public administration, or other related fields;
• Experience in working with governmental entities in Ukraine;
• Proven in-depth knowledge of international and national standards and normative framework on gender-based violence;
• Practical experience in capacity building, developing strategic documents, procedures, etc. on gender-based violence;
• Previous cooperation/working experience with the United Nations or international organizations is an asset.

Language: 

• Excellent command of Ukrainian and working knowledge of English;

Application and submission package:

The candidate’s application should include:

• Completed and signed UN Women Personal History (P-11) form, that 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
• Proposal. The financial proposal shall specify a total lump sum amount with a breakdown of a daily professional rate per number of anticipated working days to include all costs (telephone, internet etc.)

Interested candidates are requested to apply no later than 23:59 EEST 10 October 2020 by submitting 2 attachments: 1) technical (P-11 and a sample of report, guidelines/tools, expert papers, or relevant publication) as well as 2) financial proposal to the following e-mail address: hr.ukraine@unwomen.org with a subject “UN Women Ukraine – National Consultant for Developing Guidelines on Prevention of and Response to Gender-Based Violence in Ukraine”.

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

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.

Sample of Financial Proposal

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

Cost Breakdown per Deliverables*

	Deliverables	# of days and Percentage of Total Price (Weight for payment)	Price, UAH (Lump Sum, All Inclusive)
1
2
	Total	max. # of working days (100%)	UAH ……

*Basis for payment tranches