Terms of Reference for the Experts for development of Analysis and Summary paper on existing gaps and legal responses to human trafficking, gender-based violence and related crimes among refugee, asylum and migrant population in Serbia

Published on January 23rd, 2018

NGO Atina

Project title: Response to human trafficking and gender-based violence among migrant, asylum and refugee population in Serbia

INTRODUCTION

The project “Response to human trafficking and gender-based violence among migrant, asylum and refugee population in Serbia” is implemented by NGO Atina with the support of Permanent Mission of France to the UN and other International organizations in Vienna.

The overall objective of the project is to improve the systemic response to human trafficking and gender-based violence among migrant, asylum and refugee population in the Republic of Serbia. Specific objectives of the project are to: 

1.   Map the challenges that professionals are facing in work with migrant, asylum and refugee population to adequately respond to human trafficking and gender-based violence, with a special emphasis on women and children;

2.   Provide assistance and support to professionals in identification and prosecution of the cases of human trafficking and gender-based violence among migrant, asylum and refugee population in the Republic of Serbia, with a special emphasis on women and children.

During the implementation of the project, Atina will develop a methodology for conducting the Analysis, and the Analysis of existing responses to human trafficking, gender-based violence and related criminal activities. This Analysis will include recommendations on how to improve the existing system of support. Under the project, a Summary document with recommendations  will also be developed. All of the project activities are being conducted from December 1, 2017 to November 1, 2018 in three local communities in Sid, Vranje, and Belgrade where meetings will be organized with professionals from relevant institutions. The conference will be held in Belgrade, in May, where the draft Analysis will be presented, and subsequently published and distributed to a wider professional public.

RATIONALE

Ever since the refugee crisis escalated in Serbia, in the summer of 2015, NGO Atina has been engaged in the provision of support and assistance to the most vulnerable groups among the migrant, asylum and refugee population - women and children, especially unaccompanied children, at risk of human trafficking and gender-based violence, as well as those who survived such experiences in the country of origin, during their journey, or upon entering Serbia.

At the beginning of the month of October 2017, the number of refugees and migrants in Serbia was once again on the rise, and the estimates are that there were 4,361 of them, with some 470 staying outside government accommodation centers. Those who were accommodated within government accommodation centers resided in the five Asylum Centers and 13 Reception Centers throughout Serbia. Women and children make up 55% of the total refugee and migrant population in the country. Another interesting development, in addition to the rise in the influx of refugees in recent months, is that most of the new arrivals were families from Syria and Iraq, not single men as was the case earlier.

Women and children, especially unaccompanied children, refugees and migrants, as a particularly vulnerable category, are facing specific challenges and protection risks in their countries of origin, during the journey, as well as in the countries of final destination. Refugees testified about various forms of human trafficking, forced marriages, survival sex, sexual exploitation by the smugglers, military use of children, forcing children to smuggling, and many other cases. The cases NGO Atina detected included a case of rape and attempted rapes, partner and domestic violence, attempted honor killings. In the previous year, 2017, Atina made a Report “Violence against women and girls among refugee and migrant population in Serbia” where 162 women and girls were asked about the experiences of violence they suffered. In the report, it was determined that 66,9% of respondents survived some form of violence - physical or sexual, which represents a high statistically significant sample. The percentage of women and girls who survived violence, either physical or sexual, and were not allowed to choose when and whom they would marry was 74,9%. All of this, as well as the fact that response to these problems was not adequate, made NGO Atina’s team search for solutions within the system, push the system to respond in a more responsible manner and to protect women and children migrants, asylum seekers and refugees.

SCOPE OF WORK

Two experts with specific backgrounds in the judicial and legal framework on subjects of human trafficking, gender-based violence and related criminal offenses will be responsible for four main issues:

1. Development of the methodology for an Analysis on existing legal responses [1]to human trafficking, gender-based violence and related criminal offenses among migrant, asylum and refugee population in Serbia;
2. Creation of the Analysis on existing responses to human trafficking, gender-based violence and related criminal offenses among migrant, asylum and refugee population in Serbia; The analysis should cover not only the legislative framework, but also documents that regulate migrant protection processes, including SOPs, instructions, standards and indicators. The analysis should consist of a desk research that analyzes legal acts and procedures and determines which aspects are missing (in relation to the application of laws and bylaws  relating to domicile population) and the interviews with proffesionals on how their implementation in everyday work is possible.
3. Participation at the conference in May, at which draft of the Analysis should be presented and recommendations from the participants should be collected and included in the final document;
4. Development of the Summary document with recommendations on existing responses to human trafficking, gender-based violence and related criminal offenses among migrant, asylum and refugee population in Serbia.

Specific responsibilities are:

1. Development of the methodology for the Analysis on existing legal responses to human trafficking, gender-based violence and related criminal offenses among migrant, asylum and refugee population in Serbia

The methodology should include methodological framework, indicators, tools and instruments for the development of the Analysis on legal responses to human trafficking, gender-based violence and related criminal offenses among migrant, asylum and refugee population in Serbia. This methodology should consist of one-on-one interviews with professionals (at least 15 of them, three focus group interviews with 20 professionals, one conference with 40 professionals) from three local communities Sid, Vranje and Belgrade, and more if needed.

The methodology should show how the information will be collected, the structure of the Analysis, and how the Analysis itself will look. It should provide answers about professionals who will be interviewed, institutions they will be coming from, and the manner and type of data that will be collected. Specific emphasis will be on the information regarding vulnerable groups, such as women and children.

1. Development of the Analysis on existing legal responses to human trafficking, gender-based violence and related criminal offenses among migrant, asylum and refugee population in Serbia

This Analysis will be conducted based on the methodology created by the two experts. The Analysis is to map the challenges faced by professionals working with migrant, asylum and refugee population, and adequate responses to human trafficking, gender-based violence, and related criminal offenses. It should also provide assistance and support to professionals in identification and prosecution of human trafficking, gender-based violence, and related criminal offenses among migrant, asylum and refugee population in the Republic of Serbia. The analysis should cover not only the legislative framework, but also documents that regulate migrant protection processes, including SOPs, instructions, standards and indicators. The analysis should consist of a desk research that analyzes legal acts and procedures and determines which aspects are missing (in relation to the application of laws and bylaws relating to domicile population) and the interviews with professionals on how their implementation in everyday work is possible. The Analysis should result in networking and improving the cooperation between the professionals, and overcoming gaps, challenges and difficulties in their work, with a particular focus on women and children. It should include recommendations for the improvement of systemic response in identification and prosecution of human trafficking, gender-based violence, and related criminal offenses among migrant, asylum and refugee population in the Republic of Serbia. The Analysis is to consist of baseline research on laws and all the accompanying regulations, strategies, conventions, and legal acts concerning human trafficking, gender-based violence, and related criminal offenses, which should be applied to refugees, asylum seekers and migrants, with a particular emphasis on the new Law on the Prevention of Domestic Violence, Istanbul Convention, etc. It should include excerpts from interviews with professionals and the issues they are facing with, chronological writings on real cases that have occurred in the territory of the Republic of Serbia since the outbreak of the refugee crisis.

1. Participation at the conference in May, at which draft Analysis is to be presented and recommendations from the participants collected and included into the final document

Participants will be invited from all over the country to comment on the draft Analysis, after which they will be divided into groups to give their contribution to the recommendations.

1. Development of the Summary paper with recommendations on existing responses to human trafficking, gender-based violence and related criminal offenses among migrant, asylum and refugee population in Serbia

This document will serve as a basic advocacy tool for the improvement of the position of migrants, asylum seekers and refugees in the Republic of Serbia, and their equal human rights that can be exercised without discrimination in Serbian society.

TIMEFRAME

The assignment should take place from 6th February to 15^th July, 2018.

BUDGET:

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

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

            Subtotal                                               Euro__________

            Other costs (specify)                           Euro__________

            TOTAL                                                Euro__________

The total cost should cover all preparatory work regarding data collection, communication costs between the Project team, experts and organizations (email, telephone, fax, mail).

BIDDING PROCEDURE

Interested experts should develop and submit the bidding proposal in English language to respond to above-mentioned specific tasks no later than 2nd February, 2018. The bidding proposal should include:

1. Description and contact details of the expert applying;

2. A clear description of the methodological approach;

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

4. CV of the expert involved emphasizing relevant experience;

5. Written sample of similar assignments.

SELECTION CRITERIA

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;
• At least 3 years of relevant experience;
• Experience of the candidate in performing similar projects or programs;
• An example of previous work as a reference is desirable;

DEADLINE FOR SUBMISSION OF THE BID

All bids must be submitted no later than 17:00 on Friday 2nd, 2018 in electronic form, to the email andrijana.radoicic@atina.org.rs. A selection will be made no later than Monday 5^th February 2018, and the selected experts will be contacted on the same day.

Only selected candidates will be informed.