ToR for a consultant to develop a brief aimed at showcasing the judicial cases of HT and GBV in Bosnia and Herzegovina

Published on December 14, 2023, by Atina – Citizens' Association for Combating Trafficking in Human Beings and All Forms of Violence against Women (i.e., NGO Atina)

Project title: Improving referrals and services for migrant and refugee survivors of gender-based violence and human trafficking in Serbia.

INTRODUCTION
NGO Atina is implementing the project “Improving referrals and services for migrant and refugee survivors of gender-based violence and human trafficking in Serbia” with the support of the Government of the United Kingdom of Great Britain and Northern Ireland acting through the Foreign, Commonwealth & Development Office (FCDO).

The overall objective of the project is to improve the position of migrants, refugees, and asylum seekers in Serbia with the experience of human trafficking and exploitation, as well as other forms of GBV, and to make them the agents of change in the relevant socio-political context. The action intends to improve operating procedures within local and national state institutions and enhance the identification and referral system of cases of gender-based violence and human trafficking. This is done through two key areas of activities which aim to: a) improve the identification, referral, and support to victims of human trafficking and gender-based violence among the migrants, refugees, and asylum seekers, and b) improve the exercising of rights and access to services for women and girls from the population of migrants, refugees, and asylum seekers at risk of human trafficking and gender-based violence, with a specific emphasis on gender component.

RATIONALE
In the US Department of State 2021 Trafficking in Persons (TIP) report, Serbia is placed in the Tier 2 List as a country of origin, transit, and final destination due to, among other reasons, not having sufficient results in the areas of recognition and protection of migrants, refugees, and asylum seekers victims of human trafficking, lacking procedures for referrals and prosecution of cases of human trafficking as well as cases of GBV that are involving migrants, refugees, and asylum seekers. Children, women, and men, Serbian nationals, are being predominantly trafficked for sexual and labor exploitation both within the country and abroad (mainly in European countries). There are also foreigners trafficked in Serbia, especially migrants, refugees, and asylum seekers, as the country is still affected by the consequences of the European Migration crisis that began in 2015, the withdrawal of the US forces from Afghanistan, and the war in Ukraine.

After the Balkan migrant route was closed in 2016, refugees and migrants in Serbia found themselves in the situation of a so-called extended stay, and they have remained in such a position ever since. Currently, according to the latest UNHCR Report for August 2023, there are 4,317 migrants, refugees, and asylum seekers in Serbia (predominantly coming from armed conflict countries or unsafe countries). The majority of them are stranded in Serbia and are waiting for opportunities to continue their journey, which is being realized through smuggling and human trafficking and very often accompanied by gender-based violence. This places them all in a highly vulnerable position and at the mercy of smugglers and other criminals. Also, hundreds are not registered and are invisible to the system. Migrant, refugee, and asylum-seeking women and children are exposed to high risk of multiple forms of violence and exploitation, such as physical, psychological, and sexual abuse, labor and sexual exploitation, forced prostitution, survival sex, forced and child marriages, etc. The overall crisis only exacerbated their situation; at the same time, refugee women and children who survived violence and exploitation experience difficulties in reaching essential support services, such as safe accommodation, health care, legal assistance, as well as access to justice. So far, although several victims of human trafficking in the migrant population have been identified in Serbia, not a single criminal offense of human trafficking has been prosecuted before domestic courts.

The position of migrant, refugee, and asylum-seeking women and girls in Serbia in such circumstances is even more complex and challenging. Atina’s latest survey on the prevalence of violence among migrant, refugee, and asylum-seeking women and girls found that 74.9% of them suffered some form of violence in the country of origin and during transit from partners, family members, smugglers, traffickers, other refugees, and service providers. The official reports and data collected on the ground during everyday work are disproportionate and significantly differ, which indicates two insufficiencies - not a sufficient number of identified cases and the fact that victims of sexual exploitation represent most identified cases of human trafficking. On the other hand, there are no court judgments for crimes in which migrants are witnesses.

SCOPE OF WORK

A consultant with a specific background in the area of prosecuting the cases of human trafficking and protecting the victims is to develop a brief aimed at showcasing the judicial cases of HT and GBV in Bosnia and Herzegovina. The analysis should consist of showcasing the current system of identification, referral, and protection of victims of HT and GBV in Bosnia and Herzegovina and present up to 3 court cases in which migrants were witnesses as examples of good practices. 

The work will encompass the creation of a short overview that will present the current situation in this area in Bosnia and Herzegovina, with a particular emphasis on the successes achieved and the measures taken. The goal is to give this analysis to all the relevant professionals in Serbia so that they can use it as a guide and an example of good practice in responding to newly emerging trends to increase detection, referrals, and identification in the country at the round table which will be organized in January 2024 in Belgrade.

This analysis will also be used as a resource for compiling a set of recommendations for improving the current situation in Serbia in this field, aiming to improve the position of victims.

Timeframe

Activities

25/12/2023 - 5/1/2024

Review of the available information and gathering the necessary materials for the creation of the brief;

5/1/2024 – 15/01/2024

Compiling the analysis and submitting it for review;

17/1/2024 – 19/1/2024

Compiling the final version of the analysis in line with the comments and suggestions provided by the project team.

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

 

Activity description

Days

Rate per day

Total

Activity 1

 

 

 

 

Activity 2

 

 

 

 

Activity 3

 

 

 

 

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

            Subtotal                                               RSD__________

            Other costs (specify)                          RSD__________

            TOTAL                                               RSD__________

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

The interested consultant should develop and submit the bidding proposal in English to respond to the above-mentioned specific tasks by December 20, 2023. The bidding proposal should include the following:
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 concerning previous contracting agencies.

 

SELECTION CRITERIA

The project team will decide 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 to previous experience is desirable.

 

DEADLINE FOR SUBMISSION OF BID

All bids need to be submitted no later than December 20, 2023, at 5 PM electronically to the email marija.pantelic@atina.org.rs
A selection will be made by December 22, 2023, and the selected consultant will be contracted by December 25, 2023. Only the selected candidate will be informed.