ToR for the expert on the subject of a comparative analysis of the current legislation and practices in combating trafficking in human beings in Serbia

Published on May 12, 2023 by Atina – Citizens' Association for Combating Trafficking in Human Beings and All Forms of Violence against Women (i.e., NGO Atina)

The project BRIDGE – Stepping forward in the protection of women and girls in Kosovo*[1] and Serbia is supported by the European Commission. This project is being implemented by NGO Atina from Belgrade and the Centre for Protection of Victims and Prevention of Trafficking in Human Beings (PVPT) from Priština. The action’s design is based on a rising need in the work of both organisations and encompasses border entities in both countries to adequately respond to the needs of (potential) victims of Trafficking in Human Beings (hereinafter: THB) and gender-based violence (hereinafter: GBV), among the domicile and migrant population, especially women and children.

INTRODUCTION

The process of normalisation of relations between Serbia and Kosovo has a deep impact on citizens on both sides. It should lead to a better quality of life in political, economic, social and cultural spheres and facilitate the process toward the accession to the EU. However, the best interests of citizens are often neglected for the benefit of political structures, therefore it is necessary to create spaces where citizens themselves have the possibility to map problems and work together on their resolution. Both PVPT and Atina witnessed the necessity to establish mechanisms of cooperation between two sides in order to adequately respond to the problem of THB and related GBV and provision of efficient support to victims. A coordinated cooperation between specialised CSOs and other stakeholders mandated to combat THB and related GBV is necessary to enable better monitoring and identifying potential victims.

Due to the lack of cooperation between institutions, Kosovo citizens identified as victims in Serbia and Serbian citizens identified as victims in Kosovo cannot resolve key issues important for their recovery and reintegration – from reporting what happened to them, resolving legal status, to accessing available services. This action also includes raising the capacities of community based CSOs for cross border cooperation and establishing an inter-cultural cooperation between young people around the THB and related GBV prevention.

Both organisations operate as of early 2000s and are licensed in providing services for survivors. NGO Atina has been working for decades on the protection of victims and advocating for the systemic changes necessary to improve the position of vulnerable groups in the country. The specificity of Atina’s long-term social inclusion programme lies in the effort to provide support in a comprehensive and systematic way, with active involvement of state institutions and full participation of beneficiaries themselves, so that the assistance system becomes a viable solution for full recovery and reintegration.

The Center for Protection of Victims and Prevention of Trafficking in Human Beings (PVPT) is a local non-governmental organisation from Priština, Kosovo, which works in the field of combating human trafficking as of 2000. PVPT accomplishes its mission through a multi-disciplinary approach in two pillars: Direct Assistance (Rehabilitation and Long-term Reintegration) and Prevention. PVPT Center is a member of the National Anti-Trafficking Authority in Kosovo, Child Protection Coalition, Kosovo Women Network, and Local Task Force.

RATIONALE

Although the anti-trafficking legislative frameworks are in place in Serbia and Kosovo, complex political processes are hindering adequate response and cooperation between relevant stakeholders. The aim of the action is to initiate a process of cooperation in the area where that cooperation is very much needed – combating THB and related GBV and protection of victims. To do so, the action proposes documenting evidence through comparative analyses of legislations and practice, and mapping gaps that need to be improved. The action includes raising capacities of community based CSOs in facilitating cross-border cooperation. The cooperation would be instigated through two-day training sessions, and study visits between stakeholders in Serbia and Kosovo, which would ensure practical insight in their operations in both countries. This process will be used to refine the needs and proposed recommendations that will further enhance the response to GBV and THB, but also to establish Cross Border Network as a sustainable structure to support future actions in this area.

Bearing in mind all these circumstances, it is necessary to conduct research and create an analysis of the current legislation and practices in combating THB and related GBV in Serbia and Kosovo. In the framework of this research, relevant legislation should be analysed, thus focus groups with relevant actors in both Serbia and Kosovo conducted. This research will serve to design further steps and recommendations for referral mechanisms between Serbia and Kosovo. To carry out the entire research process, two external experts will be selected and engaged, one in Serbia and one in Kosovo.

SCOPE OF WORK

A comparative analysis of the current legislation and practices in combating THB and related GBV in Serbia and Kosovo will be carried out. The research phase is focused on the identification of current situation that victims face in Serbia and Kosovo by conducting a comprehensive analysis on characteristics, nature and consequences of  THB and related GBV in Serbia and Kosovo, complemented by mapping the services and programmes available to survivors and development of recommendations for the improvement of the position of this group. To properly address the needs of victims of  THB and related GBV it is necessary to identify obstacles and problems they face in accessing their rights, but also the programmes and services available to them. Once such mapping is completed, the capacity-building phase planned in the intervention will be adapted to the findings, ensuring relevance and better impact to both target groups and final beneficiaries.

The desk research will be conducted at the local level in Kosovo and Serbia, by analysing local strategic and action plans, statistical data and reports from institutions and organisations involved in protection of victims of human trafficking and prevention of THB, mapping current assistance available to victims and potential victims, international standards, best practices and good models that can be applied at the local level. It will also focus on gender implications and capacity of the system to recognise differences in risks women and men are exposed to and different assistance they may need. The project team will define a detailed ToR for researchers who will develop a comprehensive analysis.

Externally engaged expert in Serbia will be responsible for the following:

• development of a research methodology, with accompanying instruments and tools for data collection, and creation of a focus group methodology;
• carrying out desk research of the current legislation and practices in combating THB and related GBV in Serbia for adults and children based on provided focus group interviews;
• compiling and finalising the analysis.

Coordination meetings of the project team and external experts will be organised on a regular basis for the purpose of securing continuous flow of information, follow-up on performed activities, accurate planning of activities, identifying possible challenges and setbacks and taking appropriate prevention actions. Regular meetings will ensure efficient progress and performance of the activities where experts are engaged and timely response to identified challenges.

The tasks are to be carried out within the Work Package 2 – Research activities, envisaged for the first year of the project implementation.

Implementation of the whole research process should last from May until November 2023.

BUDGET:

 NGO Atina will negotiate a number of days of engagement with the selected expert on the basis of the financial offer (gross amount) that will classify the following:

*Add columns as needed depending on the number of activities needed to perform the assignment

            Subtotal                                               EUR__________

            Other costs (specify)                      EUR__________

            TOTAL                                                 EUR__________

The total cost should cover all preparatory work regarding the job description, and communication costs between the Project team, expert and organizations (e-mail, telephone, fax, mail).

BIDDING PROCEDURE

The interested external expert should develop and submit the bidding proposal in the English language to respond to above mentioned specific tasks no later than May 26, 2023.  The bidding proposal should include:

1. Description and contact details of the expert applying;

2. A detailed Budget Proposal (in the required form);

3. CV of expert involved emphasizing only relevant experience;

4. Past performance in similar areas of an expert applying, with reference to previous contracting agencies.

SELECTION CRITERIA

The project team will make a decision on the selection of the most successful bidder, subject to the available budget, on the following four criteria:

• University degree in the relevant field;
• A minimum of 5 years of relevant experience;
• Experience of the candidate in performing similar projects or programs;
• An example of previous work as a reference of previous experience is desirable.

DEADLINE FOR SUBMISSION OF BID

All bids need to be submitted no later than May 26, 2023, at 5 PM in electronic version, to the email marija.pantelic@atina.org.rs

A selection will be made no later than May 30, 2023, and the selected consultant will be contracted no later than June 1, 2023. Only the selected candidate will be informed.