Closing date: Thursday, 24 August 2023

Consulting on gender gaps and barriers in access to justice for victims of human trafficking and migrant smuggling

Location : San José, COSTA RICA

Application Deadline : 24-Aug-23 ( Midnight New York, USA )

Additional Category : Gender Equality

Type of Contract : Individual Contract

Post Level : National Consultant

Languages Required : English Spanish

Starting Date : ( date when the selected candidate is expected to start )

04-Sep-2023

Duration of Initial Contract : 4.5 months

Expected Duration of Assignment : 4.5 months

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.

UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

Background

I. Organizational context

The United Nations entity for Gender Equality and the Empowerment of Women, UN Women, based on the vision of equality enshrined in the Charter of the United Nations, works to eliminate discrimination against women and girls, for the empowerment of women, and to achieve equality between women and men as partners and beneficiaries of development, for human rights, in humanitarian actions, in peace and security. By placing women’s rights as the central axis of their work, UN Women leads and coordinates the efforts of the United Nations System to ensure that gender equality and mainstreaming commitments are translated into actions around the world. At the same time,exercises substantive and coherent leadership to support the priorities and efforts of Member States, building an effective partnership with the government, civil society, as well as with other relevant actors.

UN Women comprehensively addresses the root causes of inequality from a perspective of transforming systems of reproduction of gender inequalities and discrimination and with a peace-building approach around:

Voice, leadership and autonomy of women
Strengthening multilateral and regional regulatory frameworks, and laws, policies, and institutions that promote gender equality at the national and sub-national levels;
Effective participation and protection of women in all areas of peacebuilding, security, and humanitarian action
Equitable access of women to services, goods and resources;
Financing of gender equality and the empowerment of women;
Positive social norms, including the participation of men and boys;
Production, analysis and use of gender statistics; and
Coordination of the United Nations system for gender equality and the empowerment of women.

The Strategic Plan 2022-2025 seeks to achieve gender equality, the empowerment of all women and girls and the full realization of their human rights. The Strategic Plan is based on the Convention on the Elimination of All Forms of Discrimination against Women ( CEDAW ), the Beijing Declaration and Platform for Action, Resolution 1325 of the United Nations Security Council on women, peace and security and subsequent Resolutions of this agenda, the Program of Action of the International Conference on Population and Development and other outcomes of relevant intergovernmental processes, as resolutions of the General Assembly and agreed conclusions of the Commission on the Status of Women.UN Women contributes to the implementation of the Regional Gender Agenda for Latin America and the Caribbean and to the 2030 Agenda for Sustainable Development by placing the Sustainable Development Goal ( ODS ) 5 gender equality at the center of the SDGs and in coordination with all other Objectives in order to ensure comprehensive progress.

II. Background

Smuggling of migrants and human trafficking represent great challenges for all countries that handle migration issues. Despite the efforts, the Central American region has not been able to efficiently prosecute these crimes due to the lack of investigative methods to identify smuggled migrants and victims of trafficking; tools and protocols for data collection, processing and analysis, data exchange mechanisms and a lack of gender and intersectional perspective that merits the institutional response to both challenges.

In response to this problem, IOM, UN Women and UNODC are initiating the implementation of the joint program “ STRENGTHENING OF CAPACITIES OF PUBLIC ORDER ORGANISMS AND CRIMINAL JUSTICE TO COORDINATE AND INTERCAMBIATE INFORMATION TO INVESTIGATE AND PERSEGO THE TRAFFIC OF PEOPLE AND THE ILLICIT TRAFFICKING OF MIGRANTS ”. This project will facilitate the coordination of operations and the exchange of information between the police and the prosecutors in charge of investigating transnational crimes in Costa Rica. This project aims to become a model of inter-institutional collaboration between criminal justice institutions that can spread throughout Central America. Throughout this initiative, the team will draw on the experience of UNODC and IOM in combating migrant smuggling,human trafficking and other transnational crimes worldwide, as well as in the work of UN Women to reinforce a gender and human rights perspective in responding to them.

The general objectives of the joint program focus on the Government of Costa Rica effectively coordinating identification, investigation and prosecution of organized crime and reduce the vulnerability of people in human mobility to human trafficking and smuggling through the application of a gender and human rights. Thus, it would become a replicable model throughout the region.

The proposed results are: 1. At the end of the project’s implementation, criminal justice institutions in the target communities will exchange information, coordinate investigations and pursue organized crime, with a gender and human rights perspective, using the capacities, mechanisms and tools installed through this project.

2. At the end of project implementation, migrants will have access to health and financial services ( specifically money transfers ) that are sensitive to their particular needs, thus reducing the risk of being exposed to being victims of human trafficking or smuggling.

One of the initiatives planned under the program is the establishment or strengthening of a commission or working group on gender and access to justice to provide technical advice and guidance to Costa Rican institutions that investigate and prosecute human trafficking, migrant smuggling and other transnational crimes.

To develop this initiative, it is necessary to first have a diagnosis of gender gaps and barriers in access to justice for victims of human trafficking and migrant smuggling that provides recommendations for strengthen the capacities and coordination of the Costa Rican institutions that investigate and prosecute these crimes.

Duties and Responsibilities

III. Objective

The main objective of this consultancy is to develop a diagnosis of barriers and limitations in the access to justice of victims of human trafficking and migrant smuggling with a gender focus and human rights, which identifies and explains the particular inequalities and discriminations faced by women, children and adolescents, migrants and non-migrants, and to provide recommendations to strengthen the capacities and coordination of the Costa Rican institutions that investigate and prosecute these crimes.

This diagnosis should contribute to establishing strategic lines of work to strengthen institutions to guarantee access to justice with a gender focus and provide technical advice and guidance to institutions Costa Ricans who investigate and prosecute human trafficking and migrant smuggling. It must integrate recommendations to strengthen the incorporation of gender and human rights approaches, the strengthening of institutional capacities, the elimination of barriers and improve the coordination of the work of the institutions at the central and local levels for the investigation and prosecution of cases.

The specific objectives are:

Analyze capabilities, the procedures and coordination instances that exist to guarantee access to justice for victims of human trafficking and migrant smuggling and their effectiveness in meeting this objective with a gender focus and a human rights approach.
Identify institutional and legal obstacles; as well as the barriers of gender, age, nationality and immigration status in the processes of detection, reference, investigation, prosecution and protection, that limit access to justice for women, children and adolescents and migrants in cases of human trafficking and migrant smuggling.
Provide recommendations on strategic lines of work to strengthen institutional coordination mechanisms and other actions related to gender and human rights and access to justice, understanding as part of this access the protection and reparation measures for victims.

The expected results of the consultancy are: 1. A work plan and methodological proposal for the development of the diagnosis, including a detailed schedule.

2. An advance document with the systematization of the findings of the documentary review and the guides for the development of the interviews and the focus groups, developed from the findings found so far.

3. A diagnostic document and executive summary on access to justice for victims of human trafficking and migrant smuggling with a gender and human rights focus, to integrate all the findings of the documentary review, interviews and focus groups and to analyze institutional and legal barriers and limitations so that victims can access justice during the process of detection, referral, investigation, judicialization and protection, and the differences they experience based on gender, age and nationality.

4. An action plan to guide the implementation of actions of the joint program developed based on the findings of the diagnosis and the consultations carried out and validated with the Subcommittee on Trafficking in the Judiciary and key actors identified during the process. This action plan should detail strategic actions to increase capacities and awareness of gender and human rights or other areas; strengthen or generate new coordination mechanisms, articulation or reference; propose modifications or new norms and / or protocols; among other identified areas of work.

IV. Scope of objectives

The owner is expected to carry out the responsibilities and activities necessary for the delivery of the products described below in order to achieve the objective/s of consulting.

These responsibilities will include: 1. Prepare a work plan and methodological proposal for the development of the diagnosis, including the judgment analysis guide and a detailed schedule.

2. Conduct a documentary review of the regulatory framework, institutional and thematic reports, studies, protocols and other documents that address issues of access to justice with a gender and human rights focus, including the analysis of a maximum of 10 sentences of human trafficking and migrant smuggling, prosecuted after 2016, seeking a balance between the two crimes, to analyze the characteristics of the cases, the process and the institutional response, as well as the barriers of gender, age, nationality, immigration status, or others.

3. Develop from the findings found in the documentary analysis, the guides for the development of the interviews and the focus groups.

4. Develop coordination, presentation and review meetings on progress with the UN Women team, IOM, UNODC and relevant public institutions.

5. Carry out and systematize interviews with members of the CONATT permanent technical commissions created by Law 9095 ( 2 people per commission considering that there are 6 commissions ), to justice operators in at least 5 territories and a collective interview with the Subcommittee on Trafficking in the Judiciary.

6. Develop and systematize at least 5 inter-institutional focus groups ( at least including the Judiciary – the Judiciary, the Prosecutor’s Office, the OIJ, Defense; DGME; Ministry of Public Security, INAMU, PANI ) in the selected territories ( Corredores, Los Chiles, Liberia, a prosecutor’s office in Puntarenas, a Limón prosecutor’s office ) and an additional central level focus group, that also includes members of the Trafficking Subcommittee. These focus groups should complement the findings of the interviews and identify particular challenges at the local level in processes of case identification, referral, investigation, prosecution, and also in the protection of victims during the judicial process.

7. Integrate the findings of the documentary review, interviews and focus groups in a diagnostic document and an executive summary on access to justice for victims of human trafficking and migrant smuggling with a gender and rights perspective human, to analyze institutional and legal barriers and obstacles for victims to access justice during the process of detection, referral, investigation, prosecution and protection, and the differences they experience based on gender, age and nationality.

8. Develop coordination, presentation and review meetings on the progress of interviews and focus groups and to discuss the product with the UN Women, IOM team, UNODC and relevant public institutions.

9. Define an action plan with strategic lines for the implementation of program actions based on the findings of the diagnosis and the consultations carried out and validated with the Subcommittee on Trafficking of the Judiciary and key actors, to increase capacities and awareness in gender and human rights issues or other areas; strengthen or generate new coordination, articulation or referal mechanisms; propose modifications or new standards and / or protocols; among other areas of work identified.

10. Develop coordination meetings, presentation and review of the progress of the action plan and validation of the final product with the team of UN Women, IOM, UNODC and the relevant public institutions.

V. Deliverable

Activity

Product / Deliverable

Delivery term

one. Prepare a work plan and methodological proposal for the development of the diagnosis, including the sentence analysis guide and a detailed schedule.

Product No.1

A work plan and methodological proposal for the development of the diagnosis, including a detailed schedule.

2 weeks after the start of the contract

2. Carry out a documentary review of the regulatory framework, institutional and thematic reports, studies, protocols and other documents that address issues of access to justice with a gender and human rights approach, including the analysis of a maximum of 10 judgments on trafficking in persons and smuggling of migrants, prosecuted after 2016, seeking a balance between both crimes, to analyze the characteristics of the cases, the process and the institutional response, and the barriers of gender, age, nationality, immigration status, or others.

3. Develop from the findings found in the documentary analysis, the guides for the development of the interviews and the focus groups.

4. Develop coordination, presentation and review meetings on progress with the UN Women team, IOM, UNODC and relevant public institutions.

Product No.2

An advance document with the systematization of the findings of the documentary review and the guides for the development of the interviews and the focus groups, developed from the findings found so far.

8 weeks after the start of the contract

5. Carry out and systematize interviews with members of the CONATT permanent technical commissions created by Law 9095 ( 2 people per commission considering that there are 6 commissions ), justice operators in at least 5 territories and a collective interview with the Subcommittee on Trafficking in the Judiciary.

7. Integrate the findings of the documentary review, interviews and focus groups in a diagnostic document on access to justice for victims of human trafficking and migrant smuggling with a gender and human rights focus, to analyze institutional barriers and obstacles for victims to access justice during the detection, referral, investigation, prosecution and protection process, and the differences they experience based on gender, age and nationality.

Product No.3

A diagnostic document and executive summary on access to justice for victims of human trafficking and migrant smuggling with a gender and human rights focus, to integrate all the findings of the documentary review, interviews and focus groups and to analyze institutional and legal barriers and limitations so that victims can access justice during the process of detection, referral, investigation, judicialization and protection, and the differences they experience based on gender, age and nationality.

14 weeks after the start of the contract

9. Define an action plan with strategic lines for the implementation of program actions based on the findings of the diagnosis and the consultations carried out and validated by the Subcommittee on Trafficking in the Judiciary and with key actors, to increase capacities or awareness on gender and human rights issues or other areas; strengthen or generate new coordination, articulation or reference mechanisms; propose modifications or new norms and / or protocols; among other identified areas of work.

10. Develop coordination, presentation and review meetings on the progress of the action plan and validation of the final product with the UN Women, IOM, UNODC team and relevant public institutions.

Product No.4

An action plan to guide the implementation of actions of the joint program developed based on the findings of the diagnosis and the consultations carried out and validated with the Subcommittee on Trafficking in the Judiciary and key actors identified during the process. This action plan should detail strategic actions to increase capacities and awareness of gender and human rights or other areas; strengthen or generate new coordination mechanisms, articulation or reference; propose modifications or new norms and / or protocols; among other identified areas of work.

17 weeks after the start of the contract

IV. Payment method

Payment for services will be made after the delivery of each product established in the table above, subject to satisfaction and approval by UN Women in accordance with the schedule established below. When processing the last payment, it must be accompanied by the performance evaluation of the consultant/a along with the payment certificate ( COP ) to process the final payment.

Payment

Product / Deliverable

Payment condition

one

Product No.1

15% of the total contract

Product No.2

25% of the total contract

Product No.3

25% of the total contract

Product No.4

35% of the total contract

The SSA contract determines the inclusion of all costs ( all inclusive ); the Organization will not assume additional costs or benefits to service fees. Therefore, it is the responsibility of the consultant to have health insurance for the contract period and it is recommended that it include medical coverage for diseases related to COVID-19. Medical coverage must be international in cases where the contract requires international missions or assignments.

If selected for this vacancy, it will be required to present proof of medical coverage within the first two months of the contract.

VII. Performance monitoring and evaluation

The consultancy will be managed by UN Women in Costa Rica. The supervision of this consultancy will be carried out by the UN Women Program Coordinator in Costa Rica and by the Coordinator/a of the joint UN Women program on human trafficking and migrant smuggling.

The Consultant is not a United Nations official and will carry out the activities related to his consultancy in a virtual way, from your own workspace as agreed in the work plan.

For the proper development of the consultancy, the supervisor will provide the selected person with the existing documents and the information available to UN Women related to the consulting topics. It is the responsibility of the consultant to obtain primary and secondary information from other sources, if necessary.

The selected person will maintain permanent coordination with the supervisor for an effective execution and development of the products requested in these Terms of Reference and will provide information as requested within the framework of the terms of reference.

Field tours are required for the development of the consultant according to the activities described. The consulting person must cover the costs of the tours with the fees received by the consultancy.

VIII. Indicators performance

Products / deliverables presented in time and form according to TDRs
Quality of work
Compliance with expected results
Compliance with the aforementioned powers ( Ref. Consultant Profile )

IX. Rights Intellectuals, Patents and Other Property Rights

The right to equipment and supplies that may be provided by UN Women to the consultant/a for the performance of any obligation under this contract, she must remain with UN Women and said equipment must be returned to UN Women at the end of this contract or when it is no longer necessary for the consultant. Said equipment, when returning it to UN Women, must be in the same conditions as when it was delivered to the consultant, subject to normal deterioration. The consultant will be responsible for compensating UN Women for damaged or damaged equipment regardless of its normal deterioration.

UN Women will have the right to all intellectual property and other property rights including but not limited to: patents, copyrights and trademarks, in relation to products, processes, inventions, ideas, technical knowledge, documents and other materials that the consultant has prepared or collected accordingly or during the execution of this consultancy, and the consultant/a recognizes and agrees that such products, documents and other materials constitute work carried out under the recruitment of UN Women. However, in the event that said intellectual property or other property rights consist of any intellectual property or property right of the consultant: i ) that existed prior to the performance of the consultant of his obligations under this contract,or ii ) that the consultant could develop or acquire, or could have developed or acquired, regardless of the performance of his obligations under this contract, UN Women will not claim or claim any property interest on it, and the consultant/a will grant UN Women a perpetual license to use such intellectual property or other property rights solely for the purpose and requirements of this contract. and the consultant will grant UN Women a perpetual license to use said intellectual property or other property right only for the purpose and requirements of this contract. and the consultant will grant UN Women a perpetual license to use said intellectual property or other property right only for the purpose and requirements of this contract.

Competencies

X. Competences

Fundamental values:

Professional integrity
Professionalism
Respect for diversity

Main competences:

Awareness and sensitivity regarding gender issues
Effective communication
Inclusive collaboration

Functional competences:

Proven teamwork ability

Required Skills and Experience

XI. Selection procedure and application requirements

The selection process will be carried out through a desk review, in which a formal verification is first carried out so that the applications comply with the documentary tests to be examined and the minimum requirements established for the consultancy. Then, the technical evaluation of the applications received is carried out, which will be qualified based on the technical requirements established in the following qualification table: Assessment criteria

Score

one. Law degree or related careers.

2. Master’s degree in Law, Human Rights, Development Studies related, or two years of experience additional to that requested as a requirement.

3. At least 5 years of work in the area of access to justice with a gender and human rights focus.

twenty

4. Demonstrable experience in the field of migration, preferably human trafficking and migrant smuggling.

fifteen

5. Work experience with public institutions in the area of security and justice in Costa Rica.

fifteen

6. At least 2 experiences in developing analyzes and studies on access to justice with a gender focus and human development.

fifteen

7. Experience in developing qualitative research, including interviews, focus groups, and field visits.

fifteen

TOTAL

100

XII. Documents to be presented for application

UN Women Personal History Form ( P11 ), which can be found at the following link: https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/About%20Us/Employment/UN-Women-P11-Personal-History-Form.doc
Personal identification ( ID or passport )
2 samples of publications / knowledge products

IMPORTANT NOTES.

At the time of applying, a ( 1 ) only file in PDF format should be loaded. A guide is attached so that interested people can take this step. https://www.wikihow.com/Merge-PDF-Files.
UN Women takes no responsibility and only describes one of the many ways to compress application documents. You can use the one you consider prudent.
Applications received incomplete or outside the closing date will not be considered.
Only those applications that rank in the short list ( at least the three with the highest score ) will be contacted for an interview ( if applicable ).
People who apply and who have an employment relationship with public institutions can only be hired if they present proof of work permit ( leave without expiration and a letter of no objection to the carrying out the consultancy, issued by the employing institution. In case the link is with a research institution, academic center or university, the previous clause will not apply.
The selected person must have medical coverage and present proof of their coverage in the two months following the signing of their contract.
In the event that the consultancy requires travel, medical coverage, vaccines required according to the destination and travel insurance must be confirmed.
In case of international consulting, the currency will be in US dollars or the local currency.

Diversity and inclusion

At UN Women we are committed to creating a diverse and inclusive environment of mutual respect. UN Women hires, employs, trains, compensates and promotes without discrimination based on race, religion, color, sex, gender identity, sexual orientation, age, ability, national origin or any other condition contemplated in the law. All jobs are decided based on the skills, competence, integrity, and needs of the organization.

If you need any reasonable adaptation to participate in the recruitment and selection process, include this information in your application.

UN Women has a zero tolerance policy against conduct incompatible with the aims and objectives of the United Nations and UN Women, which include sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination. The selected candidates must respect the policies and procedures of UN Women and the rules of conduct required of the organization’s staff, therefore they will undergo rigorous reference and background checks. Background check will include checking academic credentials and employment history. Selected candidates may need to provide additional information to perform a background check.

The application of those belonging to minority groups, indigenous groups or populations and people with disabilities is encouraged.

All requests will be treated with the strictest confidentiality.

Consultancy on gender gaps and barriers in access to justice for victims of human trafficking and migrant smuggling, San Jose At UN Women – United Nations Entity for Gender Equality and the Empowerment of Women

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