TERMS OF REFERENCE: INDIVIDUAL CONSULTANT
Consulting for the provision of legal protection services by law professionals for migrant victims of trafficking – Camino Seguro
Mexico (Chiapas), Guatemala or Honduras
1. BACKGROUND AND JUSTIFICATION:
The Pan American Development Foundation (PADF) is a non-profit organization created in 1962 through a unique agreement between the Organization of American States (OAS) and the private sector. Its mission is to work in alliance with governmental, non-governmental sectors and private companies for the benefit of less fortunate populations.
PADF implements the “Safe Path: combating human trafficking on the migratory route” project in Guatemala, Honduras and Mexico. The Project has two axes of intervention, one for prevention and the other for protection; The latter aims to strengthen the actors and mechanisms of protection and support for migrant victims of human trafficking. This strengthening includes supporting the care for victims provided by protection institutions and organizations, so that victims of human trafficking in migration have their rights restored, the impact of the damage is less, their well-being increases or they can reintegrate into their communities of origin or host.
A specific contribution of the Safe Passage project in favor of victims is to have a fund to complement or strengthen protection services for migrant victims of trafficking (PMVT). The protection fund seeks to have prompt and effective availability, nor to replace the obligations and responsibilities of the States in which the project has a presence. The description of this fund is found in the document “Fund for the provision of protection services to migrant victims of human trafficking (protection fund)”, annexed to these terms of reference.
2. OBJECTIVE:
The objective of hiring these professionals is to provide assistance, support and advice in legal or repatriation services related to the protection of migrant victims of trafficking.
The protection services referred to in these terms of reference refer to seven categories that the Safe Passage project can provide:
- Service: Hostel
- Definition: Secure physical accommodation for the PMVT identified by the partner.
- Service: Medical/health care
- Definition: Medical treatment provided by a doctor, nurse, other healthcare professional or first responder, to assist in the physical recovery of identified PMVT.
This definition does not include health education or services provided to at-risk populations.
- Definition: Medical treatment provided by a doctor, nurse, other healthcare professional or first responder, to assist in the physical recovery of identified PMVT.
- Service: Psychological care / Guidance in social work
- Definition: Psychological treatment provided by a mental health professional, or social worker that seeks to assist recovery from identified PMVT
- Service: Legal advice
- Definition: Legal services provided to identified PMVTs.
- Service: Repatriation
- Definition: Legal or consular services provided to identified PMVT, for a safe return to their countries of origin, residence or host.
- Service: Reintegration
- Definition: Support services so that identified PMVTs can reintegrate into their communities. These services must be identified together with the beneficiary and may include: temporary accommodation, job training, one-time help for a sustainable livelihood, etc.
- Service: Education/training
- Definition: Formal or informal education provided to identified PMVTs.
These professionals should be guided by the principles and approaches of the protection fund document (included as an annex).
3. RESPONSIBILITIES OF THE CONSULTANT:
Their responsibilities may include legal advice and accompaniment to the PMVT in its legal procedures to obtain immigration status, to return to their country of origin, to obtain identity documents or to move to a receiving third country; legal advice to present your complaint or legal support before law enforcement, assigned prosecutor or to prepare evidence before a court; legal assistance to the victim to prepare to testify, file civil lawsuits or criminal lawsuits in her case; management to obtain identity documents, or legal documentation for the return of the identified PMVT to a country of which he or she is a national; support for return to a third host country, in coordination with competent authorities, among others.
Protection services will be provided to each person served from one day to a maximum of three months, and may be extended in exceptional cases and only under authorization from PADF.
To better understand the protection fund and its activation mechanism, each professional service provider must carry out an induction process with the PADF team, where they will be informed about the maximum amounts related to protection services. PADF will provide continuous support, promoting fluid communication with the professional service provider. The professionals will always work in coordination with PADF, providing the required information and collaboration, in order to provide humane, dignified and quality care for the PMVT.
The information contained in these Terms of Reference is confidential and must not be disclosed or used for any other reason by the consultant.
4. PLACE(S) OF ASSIGNMENT
The protection services of the Safe Passage project are provided in the three countries of coverage: Mexico, Guatemala and Honduras, where lawyers will be hired to provide protection services, each in their country of residence. Applicants from Mexico must reside and be able to move in the State of Chiapas; Those from Guatemala and Honduras must reside in Guatemalan and Honduran territory respectively, and be available for eventual trips to the departments, according to request or because the case attended to warrants it.
5. CANDIDATE PROFILE:
The professional service providers sought by this consultancy are law graduates with a bachelor’s degree (Lawyers), qualified to give public attestation and carry out legal procedures, who meet the legal requirements to carry out their work in their country of residence ( Guatemala, Honduras or Mexico -Chiapas); with verifiable experience in addressing, supporting and caring for victims of human trafficking; who provide legal advice and repatriation services.
Requirements:
- Be a law graduate (lawyer) and be authorized to practice your profession.
- Be willing to apply PADF’s code of ethics and institutional policies (fraud, harassment, conflict of interest, etc.).
- Have experience in legal processes related to legal advice to victims of human trafficking or repatriation of victims of human trafficking.
- Have knowledge of the national and international legal framework of human trafficking, including the repatriation of victims.
- Ability to provide differentiated care, with sensitivity and respect to different people: girls, boys, adolescents, adults, people from other countries, LGBTIQ+ people, women, men, from varied cultural and socioeconomic backgrounds.
- Be familiar with the migratory dynamics of the Mesoamerican region. Having worked with migrants will be considered an advantage.
- Availability of time to provide their services, in accordance with the PADF case referral dynamics.
- Live in the place where you will provide the service. Have the ability to provide care remotely if necessary.
- Have invoices for professional services.
6. CONTRACTUAL MECHANISM: Payment of fees per case attended
Consultants will receive fees for each case handled, according to a rate established by PADF and agreed upon with the consultant. The expenses derived from the provision of legal protection services are assumed by PADF, based on the protection plan prepared by the professional service provider, with its respective budget.
As it is a service provision on demand, the following reports are expected for each case attended:
- A case registration form prior to the start of the care service, with general data, description of the person’s situation, protection plan and estimated budget. If you require an advance for expenses derived from the provision of the service, you can request them from PADF.
- This form must be delivered to PADF within a maximum of 48 hours after receiving the case reference. Once delivered, you must receive authorization from PADF to begin providing protection services in a maximum of 48 hours.
- A technical report of the case at the end of the care service that will include updates on the case, procedures carried out, results obtained, recommendations (it is a complement to the case registration form).
- A documented financial report with details of service provision expenses, in accordance with a protection plan.
The technical and financial reports must be delivered to PADF in the same email, a maximum of 72 business hours after the completion of the provision of the protection service. To prepare these reports, the professional will use formats provided by PADF.
Payment of fees will be made against invoice, upon review and approval of the technical and financial reports by PADF, as well as other expenses for the provision of services not yet covered.
7. DOCUMENTS TO INCLUDE FOR CONSULTING:
To be considered for this consultancy, it is necessary to fill out a data registration form ( https://ee-eu.kobotoolbox.org/x/59l4XQcZ ). Additionally, present an updated resume, highlighting your experience in victim care (if you have it). Include a copy of identification document, professional title, registration with the tax authority. In the case of Guatemala, include active membership and recent RENAS certificate.
8. DURATION OF THE CONTRACT:
Estimated start date of the contract is June 15, 2024. The contract will have an approximate duration of eight months.
9. PARTICIPATION DATA:
- Applications must be received no later than May 15, 2024. All requested documentation must be sent to Caminoseguro@padf.org following the guidelines indicated in these Terms of Reference.
- Offer validity: 100 days from the submission deadline.
- Amendments: At any time before the deadline for the submission of proposals, PADF may, for any reason, modify the Terms of Reference document by means of an amendment that will be published on the PADF website and/or communicated by email .
- Clarifications: Questions can be sent to caminoseguro@padf.org The subject of the email must contain the number and title of the terms of reference.
10. TERMS AND CONDITIONS:
Award result
These Terms of Reference (TOR) do not obligate PADF to execute a contract, nor do they commit PADF to pay any costs incurred in preparing or submitting the proposals. Additionally, PADF reserves the right to reject any and all bids, if such action is deemed to be in the best interest of PADF. PADF, in its sole discretion, will select the winning proposal and is not obligated to share the results of the individual evaluation.
Confidentiality
All proprietary information provided by the bidder will be treated as confidential and will not be shared with potential or existing applicants during the bidding process. This includes but is not limited to price quotes, cost proposals and technical proposals. PADF evaluation results are confidential.
Use this link to review additional information about the tender: Procurement Opportunities – PADF
How to apply
Applications must be received no later than May 15, 2024. All requested documentation must be sent to Caminoseguro@padf.org following the guidelines indicated in these Terms of Reference.