UNHCR is looking for a Consultant for Rollout of the Misconduct Disclosure Scheme (MDS) and PSEA



DESCRIPTION OF ASSIGNMENT, DUTIES AND RESPONSIBILITIES OF THE ENGAGED INDIVIDUAL CONTRACT HOLDER

General Background of Project or Assignment, Operational Context:

Moldova faces an ongoing refugee situation due to the war in Ukraine. From the onset of the Ukrainian refugee response, a Protection from Sexual Exploitation and Abuse (PSEA) Network was established to support the implementation of a coordinated PSEA strategy, contributing to the development and strengthening of PSEA systems and mechanisms in Moldova. As of December 2023, the PSEA Network has grown to include 14 UN agencies, 30 local CSOs, and 40 INGOs, represented by 133 appointed PSEA focal points who support PSEA activities across Moldova. The Network has been instrumental in strengthening PSEA capacity among aid workers and organizations in Moldova.

According to the 2023 Inter-Agency SEA Risk Assessment, while many organizations have made significant progress in implementing PSEA measures, there are still inconsistencies in the application of standards, particularly among local partners. One of the key areas requiring targeted support is the strengthening of human resources systems to ensure a systematic vetting procedure for job candidates through proper screening. This should include, at a minimum, reference checks for sexual misconduct and a self-declaration by the job candidate confirming they have never been subject to sanctions arising from an investigation in relation to SEA, or left employment pending investigation and refused to cooperate in such an investigation.
To address this gap and its related risks, the PSEA Network has included in its 2024 Action Plan prioritized support for the rollout of the Misconduct Disclosure Scheme (MDS) among national and local civil society organizations that are members of the PSEA Network.

The MDS is a key tool designed to prevent individuals who have committed SEA from moving between organizations undetected. It involves a standardized approach for conducting background checks and vetting new hires to ensure any previous misconduct, particularly related to SEA, is disclosed and considered.

The MDS requires organizations to:
• Conduct thorough reference checks with previous employers, focusing on any SEA-related misconduct.
• Disclose any findings of SEA-related misconduct during the hiring process.
• Ensure transparent and standardized procedures for vetting candidates.

Considering the need to ensure a contextualized roll-out of the MDS, with targeted support to organizations, especially regarding compliance with national legislation, the PSEA Network, with logistical support from UNHCR, is hiring a consultant to support this process.

Occupational Safety and Health Considerations:
To view occupational safety and health considerations for specific duty stations, please visit this link: https://wwwnc.cdc.gov/travel
Specific Occupational Safety and Health Considerations to this assignment (if applicable):

Purpose and Scope of Assignment:
Concise and detailed description of activities, including measurable outputs and delivery dates, impact indicators (what qualitative and quantitative results would be achieved upon completion of individual contract), performance indicators (timelines, value of the service rendered in relation to the cost, timeliness) and work plan.

General Objective:
To develop and implement guidance and training for NGOs in Moldova on the Misconduct Disclosure Scheme (MDS), ensuring alignment with Moldovan legislation and MDS implementation best practices.

Specific Objectives:
• To develop a legal analysis on the compliance of the MDS with national legislation, highlighting legal and administrative norms that may impact its implementation, as well as recommendations for its implementation.
• To develop a contextualized guidance for NGOs on implementing the MDS, considering Moldovan legislation affecting the implementation of the scheme.
• To create necessary forms, contract examples, and templates applicable to the MDS and adapted to the Moldovan context.
• To deliver two workshops to guide organizations on implementing the MDS.
• To provide mentorship to 12 NGOs to support their implementation of the MDS.

Development of Guidance Document and Templates:
• Conduct a review of Moldovan legislation relevant to background checks, vetting procedures, and disciplinary actions.
• Develop a contextualized guidance for NGOs on how to implement the MDS, tailored to the Moldovan legal context and in consultation with PSEA Network partners.
• Create and or adapt necessary forms for MDS rollout. The documents that shall be created will be determined based on the review of the legislation, MDS guidelines and the needs of local organizations.
• Ensure all guidance and templates are compliant with Moldovan laws and aligned with MDS standards/guidelines/best practices and reviewed by MDS, UNHCR and PSEA Network partners.

Capacity Building (Workshop materials and co-facilitating workshops):
• Plan and deliver two workshops (one online and one in-person) in coordination with UNHCR to train NGOs on the implementation of the MDS.
• Develop workshop materials, including presentations, handouts, and practical exercises in consultation with MDS and UNHCR.

Mentorship and Support:
• Provide one-on-one mentorship to 12 NGOs to support their implementation of the MDS. The mentorship program will involve a thorough assessment of each partner NGO's capacity to adopt the MDS, followed by tailored support to facilitate the rollout of the tool in alignment with both the national legal framework and MDS standards. Following the workshop, the consultant must provide two hours of mentorship for each one of the 12 organization to review their implementation process and offer tailored guidance based on each organization's needs.
• Offer ongoing support and advice as NGOs adapt the MDS to their operations.

Deliverables:

• Deliverable 1: Guidance Document (by mid-September 2024)
Comprehensive guidance document in English on implementing the MDS in Moldova, including necessary forms, contract examples, and templates. (30% of payment)
• Deliverable 2: Workshop Materials (by end of September 2024)
Workshop materials and presentations in English. (20% of payment)
• Deliverable 3: Workshops (by end of October 2024)
Two workshops delivered to NGOs. (20% of payment)
• Deliverable 4: Mentorship and Support Documentation (by end of consultancy)
Documentation of mentorship and support provided to 12 NGOs to support their adoption of MDS. (30% payment)


Lump-Sum fee of the consultancy: 135,735 MDL


CANDIDATE MINIMUM REQUIREMENTS, SELECTION CRITERIA
Required qualifications, language(s) and work experience:

Degree:
Required: Law, Human Resources, Social Sciences, or a related field

Field of expertise, competencies:
Required/mandatory:
• Advanced degree in Law, Human Resources, Social Sciences, or a related field.
• At least 5 years of experience in organizational development, legal compliance, or human resources, preferably within the NGO sector.
• Knowledge of Moldovan legislation related to labor law, as well as data protection and UN Protection Against Sexual Exploitation and Abuse policies and guidelines.
• Proven experience in developing training materials and delivering workshops.
• Excellent communication and mentoring skills.
• Fluency in Romanian and English.

Desirable:
• Knowledge of Russian is considered an asset.

Minimum years of work experience (NOTE: candidates with less years of experience cannot be short-listed or recommended):
• 5 years

Deadline to apply: 20 August 2024, midnight CET
Link to apply: Careers (myworkdayjobs.com)