National Consultants to assess the regulatory framework and capacity gaps which prevent identification of trafficking among foreign unaccompanied children and asylum seekers

Contract

This is a Consultancy contract. More about Consultancy contracts.

Type of contract: Consultant Duration: 4 months from January 2023 to April 2023 Workplace: Home based

UNICEF works in some of the world’s toughest places, to reach the world’s most disadvantaged children. To save their lives. To defend their rights. To help them fulfill their potential. Across 190 countries and territories, we work for every child, everywhere, every day, to build a better world for everyone. And we never give up.

For every child, a fair chance

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Scope of Work: Albania was affected by mixed migration flows during past years. The categories include vulnerable Albanian children leaving the Country and of foreigners arriving in the Country as refugees and asylum seekers, migrants, victims of trafficking or smuggling, unaccompanied/separated children, undocumented and/or stateless persons. The ever-growing number of unaccompanied and/or separated children (UASC) arriving in Albania, staying, or travelling from Albania to EU Member States has been and remains a source of concern. The number of irregular migrants has apprehended in the last years. Migrant children fleeing conflict and violence, travelling without family and undocumented are highly vulnerable to human trafficking, modern slavery, and forced labour. In the frame of accession of Albania in EU there are fundamental issues of protection that need to ultimately enable Institutions to be prepared and responsive to current crises and mixed migration flaws and achieve safe, orderly and responsible migration through preventing human trafficking, modern slavery, and forced labour. These terms of reference aim to assess the regulatory framework and capacity gaps regarding foreign unaccompanied and/or separated children and persons with vulnerabilities or specific needs, including presumed victims of trafficking, appointment of legal guardians, best interest assessments and access justice and remedies. UNICEF aims at recruiting two national legal researchers with expertise on migration and asylum, and family law covering the main areas of research. The national legal researchers are tasked to conduct legal analysis in order to clarify how laws and procedures should best be applied in practice to protect and care for foreign unaccompanied and separated children and persons with vulnerabilities or specific needs, including presumed victims of trafficking, appointment of legal guardians, best interest assessments and access justice and remedies.

Purpose of Activity/Assignment: Supporting UNICEF in Albania in conducting an analysis of the main legal issues concerning foreign unaccompanied and separated children, with a focus on those with vulnerabilities or specific needs, including presumed victims of trafficking, with the aim of advocating for their rights and supporting State Authorities in their efforts to ensure protection.

The assessment aims to: - Provide a comprehensive analysis of relevant international and national laws and procedures concerning foreign unaccompanied children and asylum seekers and those identified with vulnerabilities and at risk of trafficking, in order to clarify how laws and procedures should best be applied in practice to protect and care for children; - Identify challenges, gaps and good practices of relevant laws and procedures in Albania concerning caregiving, guardianship and protection of children without parental care, including foreign unaccompanied children, separated, asylum seekers and those identified with vulnerabilities and at risk of trafficking; - Develop recommendations for promoting progress in dialogue between national authorities and stakeholders.

The assessment will have a particular focus on: - Caregiving and custodial arrangements, including access to the national child protection and alternative care systems; - Guardianship (including guardianship ad litem); - Access to immediate protection under national law, asylum procedures, where applicable, and national humanitarian procedures; - Best interests' procedures to identify comprehensive, durable solutions, including inter alia, asylum, family reunification in another country or integration in a host country, existing mechanisms and procedures;  Types of protection (e.g. Temporary Protection; Refugee status; Recognition as stateless; non-harmonised national protection status) available for foreign children arriving in Albania.

The deliverables for the national legal research will at a minimum include: - Mapping of relevant national legislation including legal analysis of the application of the law, selected case studies and recommendations; - Develop guidance note to address the recommendations under the supervision of UNICEF; - Support UNICEF Country Office with presenting the research and preliminary findings and recommendations to key stakeholders and partners; in organizing consultative meetings, and reflecting and responding to the comments received as part of these consultations/national roundtable.

Work Assignment Overview

Task(s) / Milestone(s) 1: - Draft the methodology and inception report and share with UNICEF - Draft Research Protocol, including research questions identified through the initial desk review, tools, methodology and key informants to be consulted - Conduct Country specific situation analysis including legal framework and stakeholder mapping - Conduct consultations with key informants and stakeholders as agreed with UNICEF - 1 (one) Legal assessment drafted, validated and finalized Deliverable - Conducting legal research assessment, including consultations and analysis Timeline – February - March 2023

Task(s) / Milestone(s) 2: - Develop a guidance note including a stakeholder’s engagement plan and consult with UNICEF - Draft and submit 1 compendium with the key findings of the assessment and key advocacy recommendations Deliverable - Develop and submit guidance note to address the recommendations, including stakeholder’s engagement plan Timeline – April 2023

Task(s) / Milestone(s) 3: - Preparing presentation documents of the research as required by UNICEF Deliverable - Presenting the research findings/results Timeline – April 2023

What to submit 1. Letter of intent to confirm the ability to perform the tasks and confirm qualifications 2. Previous work conducted in this area of expertise including links, samples of work. 3. Total financial offer with a breakdown for each requested deliverable of the advertised consultancy in USD. Financial proposal should be all inclusive of all costs, expenses, charges or any) other related costs that the Consultant may incur in connection with the performance of its obligations under the Contract. Any foreseen travel should be also included in the deliverable quoted amount.

To qualify as an advocate for every child you will have… - Master’s degree in Law - A minimum of 5 years of relevant professional experience in the field of M&E assessment and development plan, strategic planning, experience in shaping change management; - Proof of expertise in migration/asylum law for the first Consultant - Sound knowledge of international protection standards - Familiar with the Albanian protection and reception system for migrants/refugees and family law especially guardianship, care and custodial arrangements, international protection and best interest procedure - Excellent planning and organizational skills - Strong communication skills - both oral and written - Excellent drafting and editing skills in English - Fluency in English and Albanian

Desired additional qualification and skills: - Ph.D. or specialization in respectively Migration and/or Asylum Law, and Family Law - Ideally a practicing lawyer with knowledge of relevant national procedures - Familiarity with the transposition and application of relevant international laws/EU Law - Previous experience with UNICEF or another UN agency - Previous experience in Child Protection programming - Applications submitted as a team of 2 experts are highly encouraged

For every Child, you demonstrate… UNICEF’s core values of Care, Respect, Integrity, Trust, Accountability, and Sustainability (CRITAS), and core competencies in Communication, Working with People and Drive for Results.

To view our competency framework, please visit here UNICEF Values

Remarks: • Completion of the UN/UNICEF mandatory trainings is obligatory upon commencement of the contract. • Only shortlisted candidates will be contacted and advance to the next stage of the selection process. • UNICEF has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and UNICEF, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination. UNICEF also adheres to strict child safeguarding principles. All selected candidates will, therefore, undergo rigorous reference and background checks, and will be expected to adhere to these standards and principles. • UNICEF is committed to diversity and inclusion within its workforce, and encourages all candidates, irrespective of gender, nationality, religious and ethnic backgrounds, including persons living with disabilities, to apply to become a part of the organization. • All materials developed will remain the copyright of UNICEF and UNICEF will be free to adapt and modify them in the future. • The Individual contractor or Consultant will perform his/her duties in line with UNICEF standards and procedures. • Individuals engaged under a consultancy or individual contract will not be considered “staff members” under the Staff Regulations and Rules of the United Nations and UNICEF’s policies and procedures, and will not be entitled to benefits provided therein (such as leave entitlements and medical insurance coverage). Their conditions of service will be governed by their contract and the General Conditions of Contracts for the Services of Consultants and Individual Contractors. Consultants and individual contractors are responsible for determining their tax liabilities and for the payment of any taxes and/or duties, in accordance with local or other applicable laws. • The selected candidate is solely responsible to ensure that the visa (applicable) and health insurance required to perform the duties of the contract are valid for the entire period of the contract. Selected candidates are subject to confirmation of fully-vaccinated status against SARS-CoV-2 (Covid-19) with a World Health Organization (WHO)-endorsed vaccine, which must be met prior to taking up the assignment. It does not apply to consultants who will work remotely and are not expected to work on or visit UNICEF premises, programme delivery locations or directly interact with communities UNICEF works with, nor to travel to perform functions for UNICEF for the duration of their consultancy contracts. • UNICEF offers reasonable accommodation for consultants with disabilities. This may include, for example, accessible software, travel assistance for missions or personal attendants. We encourage you to disclose your disability during your application in case you need reasonable accommodation during the selection process and afterwards in your assignment.