Note: This is a consultancy assignment.
The 2019 Organisation for Security and Co-operation in Europe (OSCE)-led survey on violence against women, “Well-Being and Safety of Women”, underscored both the prevalence and devastating impact of gender-based and domestic violence (GBDV) in Bosnia and Herzegovina (BiH). The nature of these crimes makes them difficult to properly investigate and prosecute, especially given the unique needs of the victims. Further, based on regular monitoring of GBDV criminal proceedings, and inputs from counterparts, the OSCE Mission to BiH (the Mission) has observed a range of difficulties hindering the effective processing of GBDV cases, including inconsistent qualification of crimes, problematic investigative and interview practices, overreliance on victims’ statements, inadequate support and protection of victims and witnesses, poor indictment drafting, and insufficient sanctioning.
In light of the above, the Mission aims to expand and reinvigorate its GBDV programming. This effort will focus on the BiH justice sector and should complement and inform the Mission’s existing GBDV efforts, which includes supporting relevant governmental institutions and civil society to improve their respective capacities and co-ordination to reduce GBDV and mitigate its impacts.
As an initial step, the Mission will engage a national expert to examine and analyse the current state of GBDV case processing in BiH, utilizing the Mission’s 2011 report, “Ensuring Accountability for Domestic Violence” as a baseline, and offer clear recommendations for future Mission programming and engagement, including monitoring, advocacy, and capacity-building activities.
Tasks and Responsibilities
Working directly with the Rule of Law Section (RoLS) Legal Advisor for Major Crimes and members of the Gender and Youth Unit (GYU) National Project Officer on Gender and Youth, should you be selected for this consultancy, you would be responsible for drafting a report that:
- reviews specific progress made in BiH on recommendations from the OSCE 2011 report “Ensuring Accountability for Domestic Violence”;
- provides a contextual overview of the status of GBDV judicial processes in BiH;
- analyses laws related to domestic violence, including both specific domestic violence legislation, criminal procedure and other criminal codes, and relevant minor offenses, noting that this assessment will cover both the text and application of these provisions;
- examines the capacity of law enforcement agencies, prosecutor’s offices, and courts to process such cases, noting that this assessment should also cover communications between the respective stakeholders, their understanding of said processes, and their awareness of the needs of victims;
- assesses the treatment of victims throughout the entire process of investigating and prosecuting cases, including legal counselling, witness support, and guidance on property claims;
- maps existing GBDV tools and resources and those applicable to BiH, in both English and BCS, and current programming in BiH targeted to justice sector actors, noting that this will take the form of a literature review that offers details on the content and quality of the examined resources, noting that the exact scope of the literature review will be shaped in collaboration with the consultant; and
- identifies gaps and specific needs for additional interventions.
1. Researching (20 days), including:
- Proposing report methodology;
- Proposing list of key stakeholders to be interviewed, along with proposed questions; and
- Conducting desk research, including an analysis of available indictments and judicial decisions, as well as the aforementioned literature review.
2. Drafting (4 days), including:
- Providing an initial outline;
- Providing draft report;
- Responding to RoLS and GYU questions and comments; and
- Finalising report.
3. Presenting (1 day):
- Conducting presentation for RoLS, GYU, and, where relevant, other mission staff on the contents of the report, which will include a session for questions and answers and a discussion on next steps.
- Advanced university degree in law, ideally with additional training in social work, criminology, or other relevant fields;
- Extensive knowledge of BiH rule of law and judicial institutions;
- At least 10 years of experience in issues related to rule of law, including but not limited to direct participation in the justice sector, legal practice (prosecution and/or defence), academic research, and investigations;
- Excellent research and drafting skills, including the ability to present complex or sensitive topics in a clear and understandable manner;
- Previous experience with international organizations involved in trial monitoring and the evaluation of judicial performance;
- Specific experience and knowledge related to domestic violence, gender issues, and victim-centred judicial processes; and
- Professional fluency in both English and BCS, both oral and written.
The Consultant will be paid a total of 10,000 BAM for their 25 days of engagement upon delivery of the requested services.
How To Apply
This position is open to citizens and permanent residents of Bosnia and Herzegovina only.
If you wish to apply for this position, please use the OSCE's online application link found under http://www.osce.org/employment. Please note that offline applications submitted via email, fax, or mail will not be considered.
The OSCE retains the discretion to re-advertise the vacancy, to cancel the recruitment, to offer an appointment at a lower grade or to offer an appointment with a modified job description or for a different duration.
The OSCE is committed to diversity and inclusion within its workforce, and encourages qualified female and male candidates from all religious, ethnic and social backgrounds to apply to become a part of the Organization.
Please be aware that the OSCE does not request payment at any stage of the application and review process.