Consultant to draft the Commentary on the Law on protection from violence in the family

In Montenegro, the Law on Protection from Violence in the Family was adopted on 27 July 2010 by the Parliament. The law defines domestic violence as omission or commission by a family member in violating physical, psychological, sexual or economic integrity, mental peace and health of other member of the family, irrespective of where the incidence of violence has occurred (Article 2). Practitioners dealing with violence in the family expected that this innovative Law will bring significantly stronger and better institutional protection of victims. Namely, the Law arranges protection of the victims of violence in administrative infraction procedure and prescribes five orders of protection as a form of violation sanctions: removal from the place of residence, restraining order, prohibition of harassment and stalking, mandatory addiction treatment, mandatory psycho-social therapy. Still, according to Ombudsman’s report for 2010 since the implementation of the Law on Domestic Violence Protection, regional misdemeanour courts received 184 requests to initiate administrative infraction procedure. 105 got a final ruling while 79 are pending. 188 persons, of whom 162 are male and 25 female perpetuators, are associated with these requests. In 122 cases perpetuators are close family members (husband, father, son or brother). In 33 cases perpetuators are husbands, while other male members of the family (uncles, husband's brother, ect.) are perpetuators in smaller number of cases.Requests for commencing administrative infraction procedure included 196 victims of violence where 194 of them are women and 47 are men, belonging to different age groups. Final rulings include 13 imprisonments, 52 fines, 13 warnings and only 15 protection measures predominantly for compulsory alcoholism treatment and 15 proceedings were stopped. Especially upsetting is the fact that most cases of domestic violence in 2010 resulting in deaths of 6 women were reported to the police. Major problem here lays in poor knowledge and understanding of possible legal protection of victims of violence by Police and Misdemeanour Courts. Although new legal solutions and measures have been introduced based on Austrian, Croatian and other EU legislation and which have proved to be very efficient not only in terms of protection, but also in prevention in these countries, practice in Montenegro verified that we need better coordinated institutions, better informed and determined professionals and transfer of know how practice based on individual cases. UNDP works to target elimination of all procedural gaps in support to victims and enabling of full enjoyment of effective legal protection. Day-to-day cooperation between institutions dealing with domestic violence often faces obstacles due to different procedures and regulations on issues such as reporting, legal processing, sheltering, etc – and this is further complicated by differing interpretations between stakeholders. Victims of violence frequently suffer from this confusion of processes. Therefore, in order to address this problem and to explain and elaborate the procedures and regulations that are prescribed by the Law on protection from violence in the family, the Commentary of the Law will be conducted.

Duties and Responsibilities

Objectives of the Assignment: Draft the Commentary on the Law on protection from violence in the family that will explain and elaborate in depth the procedures and regulations of the Law in order to eliminate its misinterpretation and dilemmas in practice by relevant practitioners. Job Content: International short-term Consultants will be engaged under Individual Contract and will work in a close cooperation with the relevant stakeholders, primarily with Ministry of Justice and other institutions responsible for the implementation of the Law on protection from violence in family, under the supervision of Rule of Law and Human Rights Project Manager and Gender Programme Manager. The Consultant will be engaged to draft Commentary on the Law on protection from violence in the family. The Consultant is expected to perform the following tasks: Conduct interviews with relevant people from the Ministry of Justice, Courts, UNDP Project Manager, Gender Programme in order to collect all necessary information Provide draft version of the Commentary on the Law on protection from violence in the family that will be shared with relevant institutions before final version will be provided Provide final draft on the Commentary of the Law on protection form the violence in the family Present the final Commentary on the Law on protection from violence in the family to the expert group (including donor representatives) Expected Results and Deliverables: Draft Commentary on the Law on protection from violence in the family that will be shared with all relevant institutions on a basis of group discussions upon which the final version will be provided Final Commentary on the Law on protection from violence in the family Presentation of the final Commentary on the Law on protection from violence in the family to the expert group (including donor representatives) Timing and reporting: International Consultant will be engaged for the period of 30 (thirty) working days. The tentative date of the assignment will be from April 15, 2012. The Consultant will do preparatory work from home, but in close cooperation with the Rule of Law and Human Rights Programme and the Gender Programme. During the first visit, the Consultant will have a number of meetings with representatives of various Ministries and other governmental officials. After finalizing Commentary of the Law on protection from violence in the family, the Consultant is expected to present it to the relevant institutions in Podgorica. The Consultant is expected to submit the first draft of the Commentary of the Law on protection from the violence in the family within 20 days after having meetings with the representatives of various Ministries and other governmental officials. The final Commentary of the Law is expected to be submitted within 30 days of the Consultants engagement. Time Duration and Travel: International Consultant will be engaged for the period of 30 (thirty) working days, in the period from April 15 – May 15, 2012. The Consultant is expected to undertake 2 (two) field visits to Podgorica, Montenegro in duration of up to 3 overnights.

Competencies

Demonstrates integrity by modeling the UN’s values and ethical standards Ability to collect and analyze data from a quantitative and qualitative perspective Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability Focuses on result for the client and responds positively to feedback and different points of view Consistently approaches work with energy and a positive, constructive attitude Remains calm, in control and good humored even under pressure Demonstrates openness to change and ability to manage complexities.

Required Skills and Experience

Education: University degree in Law, Political or Social Sciences Experience: Minimum 5 years of relevant professional experience; longer professional experience is an advantage Extensive knowledge of the rule of law reform process in Montenegro Proven expertise in the area of Domestic Violence/Gender (preferably in the context of EU integration) Knowledge of the current Montenegrin governing institutions and practices and demonstrated capacity to approach them creatively and promote change Extensive knowledge of the UN, EU and CoE standards Language: Excellent written and spoken English Basic knowledge of the local language would be a distinctive advantage.

UNDP 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.