Systematization of the implementation of Law 13.431/2017 for the Inclusion of Children and Adolescents Migrants and Refugees Consultant, Manaus (Home-based), Brazil

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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.

While important progress has been made in Brazil and throughout the world over the last years with regards to the implementation of the Convention of the Rights of the Child (CRC), much remains to be done so as to guarantee an integral protection of children and to ensure that all children have their fundamental rights fulfilled and respected in an equal manner and without discrimination. The urgent need for governments to further address the rights of children in their legislations, policy frameworks and budgets has become even more evident in the light of the current pandemic, given the multiple impacts that COVID-19 has on children, including indirect impacts such as increased threats to their safety and wellbeing, including mistreatments, exploitation, social exclusion.

Brazil has over the last decades advanced on numerous fronts with its human rights agenda, including on the specific rights of children and adolescents. According to Article 227 of the 1988 Federal Constitution, “it is the duty of the family, society and the State to guarantee, as an absolute priority, the rights of children, adolescents and youth to life, health, food, education, leisure, professionalization, culture, dignity, respect, freedom and family and community coexistence, in addition to keeping them safe from all forms of neglect, discrimination, exploitation, violence, cruelty and oppression”. In 1990, and complementary to the constitution, Brazil passed the national law of the Statute of the Child and Adolescent (ECA) which adapts the CRC to the Brazilian legal system. Article 3 of ECA defines that “the child and the adolescent enjoy all the fundamental rights inherent to the human person, without prejudice to the full protection referred to in this Law, assuring them, by law or by other means, of all opportunities and facilities, in order to provide them with physical, mental, moral, spiritual and social development, in conditions of freedom and dignity”.

In what is considered the largest humanitarian crisis in Latin America and Caribbean, more than 5.6 million refugees and migrants have left their homes in Venezuela and an estimated 4.6 million are now residing in, or transiting through, other countries in the region. Of these a significant number are now in Colombia (1.7 million), Peru (1 million), Ecuador (432.9 thousand), Brazil (261.4 thousand) and in Guyana (23.3k)1 . Affecting many countries, the outflow has regional implications, with actions in one country affecting other. It has been compounded since March 2020 by the COVID-19 pandemic which deepened xenophobia in host and transit countries due to social and economic impacts of the pandemic and imposed additional burdens on refugees and migrants, especially adolescent girls, who already faced limited access to services.

Brazil is still facing severe effects from the Covid-19 pandemic, with aggravated socio-economic impacts for children and adolescents on the move. School closures, protracted distance learning activities, suspension of social projects and technical courses directly impacted children and adolescents, especially girls. Interviewed families report that despite having their children enrolled in school, the difficulties of the pandemic have made school activities a non-priority. Newly reunited children have gone back to working, abandoned learning and are at risk of becoming unaccompanied again.

In 2020, 1 out of 4 women over 16 years of age suffered some type of violence, totaling 17 million female (adolescent and adult) victims of violence. Half of the violence suffered by women and girls occurred in intimate and family relationships, and in 7 out of 10 cases the perpetrator was known by the victims. According to a Needs Assessment conducted in August 202123 with Venezuelan migrants and refugees and host communities across 6 municipalities of Roraima, Amazonas and Pará, almost 67% of respondents reported that they felt some level of increased tension and fighting in families and the community due to the pandemic and almost 73% see women and girls with greater child-rearing responsibilities during the pandemic. Additionally, 37% answered that the community is not aware of reporting channels for cases of violence against children. Research shows that women and girls in Roraima are unlikely reach out to institutions in the case of SGBV: only 10.8% of SGBV survivors reported incidents to the police and only 6% received support for their safety.

To guarantee that children have their rights safeguarded in an integrated manner requires robust policy and legal framework as well as child protection systems that ensure integral protection from violence of all forms (e.g. physical, psychological, sexual, emotional and structural, among others) as well as other rights violations. While child protection systems need to place emphasis on prevention of violence, so as to avoid that children are exposed to violence in the first place, they also need to respond effectively and in an adequate fashion when violations have already occurred. This includes situations in which children, for one reason or another, come into contact with the law and justice system, be it as victims, as witnesses, when accused of an offence, as an interested party or because intervention is required for their care, protection, health and wellbeing. Such situations require child-friendly and gender-sensitive justice systems that are specialized, meet their needs and ensure access to justice when their rights are violated, while avoiding processes of revictimization.

UNICEF works with government and partners to promote, develop and strengthen integrated child protection systems world-wide, while monitoring progress in line with the CRC and complementary international norms and standards.

PURPOSE

The purpose of this consultancy is to develop 1 guide document for service providers on the inclusion of migrant and refugee children in the national protocol for children and adolescent victims and witnesses of violence (National Law 13.431/2017). Furthermore, this consultancy aims to develop and apply 1 training program, in two cities, on the implementation Law 13/431/2017 (Manaus and Boa Vista cities), objecting to improve child protection system capacity and referral pathways. After the referent training, the following consultancy must submit a final report. The consultancy will be home-based yet will require travel to Boa Vista (Roraima) and Manaus (Amazonas). Domestic travel arrangements will need to be assessed within the given epidemiological situation of COVID19 and will have to be organized in line with existing national and local restrictions and health-guidelines. The selected consultant will work directly with and report to the Chief of UNICEF Manaus Field Office, and will be accompanied also by the Child Protection Chief and Child Protection in Emergencies in Brasilia.

EXPECTED RESULTS: (MEASURABLE RESULTS)

1- Develop 1 guidance document, considering gender and intercultural approach in child protection, for service providers of the child protection system, on the inclusion of migrant and refugee children in the national procedures for children and adolescent victims and witnesses of violence (according to National Law 13.431/2017 and Decree 9.603/2018). Including an annex with guidelines for birth registration.

Deliverables: 1 guidance document delivered, 1 annex on birth registration, and 1 online session conducted for the dissemination of the material with strategic partners and local actors. After the guidance document delivery and the online session, the consultancy must submit a final report.

 Duration: 4 months

 Deadline: May 2023

 Payment: 50% of the contract fee

2- Develop and implement 1 training program on the implementation of the procedures of Law 13.431/2017 for refugee and migrant children and adolescents, to occur in loco, in the cities of Boa Vista (Roraima) and Manaus (Amazonas).

The following result aims to design and implement trainings delivered to child protection system to improve capacities and referral pathways to protect migrant and refugee children and adolescents, considering intercultural and gender perspectives. This also aims to strengthen the government systems’ response that are gender responsive to prevent and address vulnerabilities faced by migrant girls, boys and adolescents

For this result, this consultancy will have the support of UNICEF’s local implementing partners, who will contribute to the logistical training issues, such as: training location, meals, invitations

Deliverables: 1 training developed by the consultancy and implemented in Manaus and Boa Vista; 1 final report on the implementation of the training program in the two cities.

 Duration: 3 months (from May to August)

 Deadline: August

 Payment: 50% of the contract fee

The training program must consider:

 The engagement of at least 5 services from the child protection system (2 social welfare services, 1 child protection service, 1 legal/immigration service and 1 health service);

 The training program will have as target 120 service providers from the child protection system.

 The final report on the implementation of the training program will inform: (i) number of people reached, disaggregated by sex; (ii) Number and type of services from which the people were trained came from, disaggregating by those who work on Gender based violence (iii) challenges and opportunities identified during the training.

PERFORMANCE INDICATORS

 Quality of work (ability to develop high quality technical content, in line with the predefined deliverables);

 Timely delivery within given deadlines;

 Accountability and professionalism;

 Teamwork

 Delivery of the products and their respective reports;

TRAVEL PLAN

 Since the duty station for this consultancy is home based, the following ToR considered travels to Boa Vista and Manaus;

 At this sense, the following consultancy includes R$ 15.000,00 as financial support to travel costs (ticket and DSA).

KEY COMPETENCES, TECHNICAL BACKGROUND, AND EXPERIENCE REQUIRED DEADLINE

 University Degree in Social Sciences or other relevant disciplines (International Relations, Statistics, Politics Sciences, Human Rights, Law, Public Administration, Planning, Management, Communication etc.);

 From 5 to 10 years of relevant work experience in the area of child protection, social programs and/or public policy;

 Prior work experience and considerable knowledge on child protection and emergencies/migration;

 Knowledge about human rights and the rights of children and adolescents in Brazil;

 Knowledge regarding the Brazilian federative system and the child protection system;

 Excellent writing skills in Portuguese, with prior experience in elaboration of technical documents and/or communication material;

 Ability to use basic computer tools (Office, social media, internet, virtual spaces);

 Ability to dialogue and liaison with stakeholders from different sectors;

 Adaptability and ability to work in a team environment;

 Organizational and analytical capacity to prepare quality technical knowledge products and meet deadlines. Desirable competencies and experience

 Oral and written skills in English;

 Prior work experience with the UN;

 Prior work experience in the area of Knowledge Management;

 Prior work experience and knowledge on the new Brazilian Legislation 13.431/2017;

 Experience and knowledge on indigenous population and gender issues will be considered an asset.

GENERAL CONDITIONS: PROCEDURES AND LOGISTICS

 Consultant will work from home using own equipment and stationery. UNICEF will provide office space for consultative meetings when needed;

 For Consultant’s, travel costs should be included in the consultant’s fee;

 No contract may commence unless the contract is signed by both UNICEF and the consultant;

 Consultants will not have supervisory responsibilities or authority on UNICEF budget.

FINANCIAL PROPOSAL

 Costs indicated are estimated. Final rate shall follow “best value for money” principle, i.e., achieving the desired outcome at the lowest possible fee.

 A financial proposal including the fee for the assignment based on the deliverables and number of days must be submitted. Consultants and individual contractors are asked to stipulate all-inclusive fees, including lump sum travel and subsistence costs, as applicable.

 The payment will be based on submission of agreed deliverables. UNICEF reserves the right to withhold payment in case the deliverables submitted are not up to the required standard or in case Page 6 of 6 of delays in submitting the deliverables on the part of the consultant.

INSURANCE AND HEALTH COVERAGE

 The contractor is fully responsible for arranging, at his or her own expenses, such life, health and other forms of insurance covering the term of the contract as he or she considers appropriate.

 The contractor is not eligible to participate in the life or health insurance schemes available to UNICEF and United Nations staff members.

RESTRICTIONS

 Consultants may not receive training at the expense of UNICEF. Notwithstanding, consultants and individual contracts must complete the applicable mandatory trainings.

 In case of government officials, the contract cannot be issued without prior written clearance by the Government, or unless on leave without pay.

Individuals engaged under a consultancy 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. Consultants 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. UNICEF is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.

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Added 1 year ago - Updated 1 year ago - Source: unicef.org