United States of America: Consultancy, Child Safeguarding Policy

Country: United States of America
Closing date: 24 Sep 2013

Terms of ReferenceChild Safeguarding Policy

1. Background:

UNICEF is mandated by the United Nations General Assembly to advocate for the protection of children's rights, to help meet their basic needs, and to expand their opportunities to reach their full potential. UNICEF strives to establish children's rights as enduring ethical principles and to establish international standards of behaviour towards children in all aspects of the organization’s work. These rights include a child’s right to protection from violence, abuse, exploitation, and neglect, in line with the provisions of the UN Convention on the Rights of the Child and its related protocols.

Violations of children’s rights to protection against violence, abuse, exploitation, and neglect have been shown through the World Report on Violence and Health (2002) and the UN Secretary General's Study on Violence against Children (2006) to be widely prevalent in all societies. In the light of the nature of UNICEF’s work, it is inevitable that UNICEF staff members, consultants, and partners will come into contact with children who have experienced, are currently experiencing, or who are at high risk of maltreatment. Similarly, given the available evidence on the perpetration of such child rights violations, it is probable that individuals engaged by UNICEF or linked to its work may themselves pose risks to children.

These concerns are relevant to a wide range of agencies and actors. The Task Force on Protection from Sexual Exploitation and Abuse in Humanitarian Crises reported in the same year that the problem of sexual exploitation and abuse in humanitarian crises was in fact a global problem. Subsequent action by the Secretary General took into consideration the General Assembly resolution 57/306 of 15 April 2003, ‘Investigation into sexual exploitation of refugees by aid workers in West Africa.” He issued two Bulletins, ‘Special Measures for Protection from Sexual Exploitation and Sexual Abuse’ (ST/SGB/2003/13) and ‘Prohibition of Discrimination, Harassment, including Sexual Harassment and Abuse of Authority’ (ST/SGB/2003/13), to guide Heads of UN agencies in preventing acts of exploitation and abuse by United Nations staff members, interns, international and local consultants, as well as by individual and corporate contractors.

These critically important documents do not, however, address the breadth of protection violations to which children may be exposed in the course of or in relation to UN cooperation, including physical, emotional, or psychological abuse and exploitation. The guidance on the management of concerns over abuse and of the disclosure of abuse is also very broad and does not address the specific characteristics of children’s development, their legal status, or their social situation in different settings.

Over the last twenty years, many governments, donor agencies, INGOs, and CBOs have increasingly recognized the need to provide greater protection for children and to ensure that their own work and activities do not expose children to risks of any type of violence, abuse, or exploitation. UNICEF staff and management have similarly recognized the need for such safeguarding measures with respect to those working directly or indirectly with children, but UNICEF remains one of the few child-focused organizations in the development sector that does not have a child safeguarding policy in place. The Annual Report on the Evaluation Function and Major Evaluations in UNICEF, 2012, identified that in the absence of a Child Safeguarding Policy, the organization is exposed to major ethical risks, including reputational and credibility risks.

1. Purpose:

The consultancy is intended to prepare the ground for such a policy, develop a draft version and recommend a strategy for its implementation. Recognizing the breadth of UNICEF’s work and the diversity of countries in which it works, UNICEF is particularly concerned that the resulting Policy and related guidance and procedures are relevant to all aspects of UNICEF’s cooperation. The policy should also appropriately address the duties and responsibilities of staff not only in their professional capacities but also outside of working hours. It is recognized that the perception of a ‘private life’ is sensitive and subject to varying understandings, but in relation to UNICEF’s unique role and the related immunities and privileges accorded to its staff, it will be important to address the full scope of safeguarding responsibilities.

UNICEF will establish a senior level internal reference group (IRG) to support this consultancy, including representatives from the Ethics Office, the Legal Office, the Division of Human Resources, and the Child Protection Section. In addition, there will be interaction with the Global Staff Association (GSA). Interaction with the IRG and GSA will be coordinated by the consultancy’s supervisor.

1. Expected results:The consultant will:

2. Conduct a literature review of corporate child protection/child safeguarding policies in relevant organizations, including models of organizational leadership for child safeguarding;

Deliverable: Literature review completed

1. Review UNICEF’s internal policies and relevant UN policies, which have a bearing on child safeguarding ( including human resources broadly, recruitment, ethics, codes of conduct, electronic communications, rules and regulations, programming, fundraising, and others, and conduct a mapping of issues covered and gaps in UNICEF’s existing policies and procedures, based on the findings of the literature review of other organizations policies and this review of UNICEF’s internal policies and relevant UN policies;

Deliverable: A mapping of what child rights conduct issues are covered by UNICEFs existing policies and what gaps needs to be addressed

1. Prepare a draft corporate Child Safeguarding Policy for the organization;

Deliverable: A draft Child Safeguarding Policy of professional quality, with copies of materials consulted to support the policy development process and a complete list of references

1. Outline a draft strategy for rolling out the policy across the organization, with reference as appropriate to the regulatory framework proposed by the Change Management Unit;

Deliverable: An outline of an implementation strategy, including a suggested timeframe and detailed components

1. Examine the implications of child safeguarding for staff conduct in the varied locations of UNICEF’s mission and in the private sphere, as well as the working lives of staff members and affiliates, and make recommendations for the effective implementation of the policy.

Deliverable: Proposed recommendations to effectively operationalize a child safeguarding policy, including proposals of necessary guidance and procedures

1. Location: Home-based, with access to Skype or phone, and with at least one mission to New York

2. Duration: 40 working days over a period of approximately two months

3. Key competences, technical background, and experience required:

o At least 10 years of relevant high level experience in developing, managing and implementing child safeguarding policies, preferably in the context of international development agencieso Advanced knowledge of child safeguarding from a corporate management perspectiveo Experience and extensive knowledge of organizational change and staff developmento Familiarity with UNICEF’s mandate, activities and work settingso Strong English report writing skills and a track record of producing high quality reports in a timely mannero Good communication skills

General Conditions of Contracts for the Services of Consultants / Individual Contractors

1. Legal StatusThe individual engaged by UNICEF under this contract as a consultant or individual contractors (the “Contractor”) is engaged in a personal capacity and not as representatives of a Government or of any other entity external to the United Nations. The Contractor is neither a "staff member" under the Staff Regulations of the United Nations and UNICEF policies and procedures nor an "official" for the purpose of the Convention on the Privileges and Immunities of the United Nations, 1946. The Contractor may, however, be afforded the status of "Experts on Mission" in the sense of Section 22 of Article VI of the Convention and the Contractor is required by UNICEF to travel in order to fulfill the requirements of this contract, the Contractor may be issued a United Nations Certificate in accordance with Section 26 of Article VII of the Convention.

2. ObligationsThe Contractor shall complete the assignment set out in the Terms of Reference for this contract with due diligence, efficiency and economy, in accordance with generally accepted professional techniques and practices.

The Contractor must respect the impartiality and independence of UNICEF and the United Nations and in connection with this contract must neither seek nor accept instructions from anyone other than UNICEF. During the term of this contract the Contractor must refrain from any conduct that would adversely reflect on UNICEF or the United Nations and must not engage in any activity that is incompatible with the administrative instructions and policies and procedures of UNICEF. The Contractor must exercise the utmost discretion in all matters relating to this contract.

In particular, but without limiting the foregoing, the Contractor (a) will conduct him- or herself in a manner consistent with the Standards of Conduct in the International Civil Service; and (b) will comply with the administrative instructions and policies and procedures of UNICE relating to fraud and corruption; information disclosure; use of electronic communication assets; harassment, sexual harassment and abuse of authority; and the requirements set forth in the Secretary General's Bulletin on Special Measures for Protection from Sexual Exploitation and Sexual Abuse.

Unless otherwise authorized by the appropriate official in the office concerned, the Contractor must not communicate at any time to the media or to any institution, person, Government or other entity external to UNICEF any information that has not been made public and which has become known to the Contractor by reason of his or her association with UNICEF or the United Nations. The Contractor may not use such information without the written authorization of UNICEF, and shall under no circumstances use such information for his or her private advantage or that of others. These obligations do not lapse upon termination of this contact.

1. Title rightsUNICEF shall be entitled to all property rights, including but not limited to patents, copyrights and trademarks, with regard to material created by the Contractor which bears a direct relation to, or is made in order to perform, this contract. At the request of UNICEF, the Contractor shall assist in securing such property rights and transferring them to UNICEF in compliance with the requirements of the law governing such rights.

2. TravelIf UNICEF determines that the Contractor needs to travel in order to perform this contract, that travel shall be specified in the contract and the Contractor’s travel costs shall be set out in the contract, on the following basis: (a) UNICEF will pay for travel in economy class via the most direct and economical route; provided however that in exceptional circumstances, such as for medical reasons, travel in business class may be approved by UNICEF on a case-by-case basis.
   (b) UNICEF will reimburse the Contractor for out-of-pocket expenses associated with such travel by paying an amount equivalent to the daily subsistence allowance that would be paid to staff members undertaking similar travel for official purposes.

3. Statement of good healthBefore commencing work, the Contractor must deliver to UNICEF a certified self-statement of good health and to take full responsibility for the accuracy of that statement. In addition, the Contractor must include in this statement of good health (a) confirmation that he or she has been informed regarding inoculations required for him or her to receive, at his or her own cost and from his or her own medical practitioner or other party, for travel to the country or countries to which travel is authorized; and (b) a statement he or she is covered by medical/health insurance and that, if required to travel beyond commuting distance from his or her usual place or residence to UNICEF (other than to duty station(s) with hardship ratings “H” and “A”, a list of which has been provided to the Contractor) the Contractor’s medical/health insurance covers medical evacuations. The Contractor will be responsible for assuming all costs that may be occurred in relation to the statement of good health.

4. InsuranceThe Contractor is fully responsible for arranging, at his or her own expense, such life, health and other forms of insurance covering the term of this contract as he or she considers appropriate taking into account, among other things, the requirements of paragraph 5 above. The Contractor is not eligible to participate in the life or health insurance schemes available to UNICEF and United Nations staff members. The responsibility of UNICEF and the United Nations is limited solely to the payment of compensation under the conditions described in paragraph 7 below.

5. Service incurred death, injury or illness If the Contractor is travelling with UNICEF’s prior approval and at UNICEF's expense in order to perform his or her obligations under this contract, or is performing his or her obligations under this contract in a UNICEF or United Nations office with UNICEF’s approval, the Contractor (or his or her dependents as appropriate), shall be entitled to compensation from UNICEF in the event of death, injury or illness attributable to the fact that the Contractor was travelling with UNICEF’s prior approval and at UNICEF's expense in order to perform his or her obligations under this contractor, or was performing his or her obligations under this contract in a UNICEF or United Nations office with UNICEF’s approval. Such compensation will be paid through a third party insurance provider retained by UNICEF and shall be capped at the amounts set out in the Administrative Instruction on Individual Consultants and Contractors. Under no circumstances will UNICEF be liable for any other or greater payments to the Contractor (or his or her dependents as appropriate).

6. Arbitration(c) Any dispute arising out of or, in connection with, this contract shall be resolved through amicable negotiation between the parties.
   (d) If the parties are not able to reach agreement after attempting amicable negotiation for a period of thirty (30) days after one party has notified the other of such a dispute, either party may submit the matter to arbitration in accordance with the UNCITRAL procedures within fifteen (15) days thereafter. If neither party submits the matter for arbitration within the specified time the dispute will be deemed resolved to the full satisfaction of both parties. Such arbitration shall take place in New York before a single arbitrator agreed to by both parties; provided however that should the parties be unable to agree on a single arbitrator within thirty days of the request for arbitration, the arbitrator shall be designated by the United Nations Legal Counsel. The decision rendered in the arbitration shall constitute final adjudication of the dispute.

7. Penalties for UnderperformancePayment of fees to the Contractor under this contractor, including each installment or periodic payment (if any), is subject to the Contractor’s full and complete performance of his or her obligations under this contract with regard to such payment to UNICEF’s satisfaction, and UNICEF’s certification to that effect.

8. Termination of ContractThis contract may be terminated by either party before its specified termination date by giving notice in writing to the other party. The period of notice shall be five (5) business days (in the UNICEF office engaging the Contractor) in the case of contracts for a total period of less than two (2) months and ten (10) business days (in the UNICEF office engaging the Contractor) in the case of contracts for a longer period; provided however that in the event of termination on the grounds of impropriety or other misconduct by the Contractor (including but not limited to breach by the Contractor of relevant UNICEF policies, procedures, and administrative instructions), UNICEF shall be entitled to terminate the contract without notice. If this contract is terminated in accordance with this paragraph 10, the Contractor shall be paid on a pro rata basis determined by UNICEF for the actual amount of work performed to UNICEF’s satisfaction at the time of termination. UNICEF will also pay any outstanding reimbursement claims related to travel by the Contractor. Any additional costs incurred by UNICEF resulting from the termination of the contract by either party may be withheld from any amount otherwise due to the Contractor under this paragraph 10.

9. TaxationUNICEF and the United Nations accept no liability for any taxes, duty or other contribution payable by the consultant and individual contractor on payments made under this contract. Neither UNICEF nor the United Nations will issue a statement of earnings to the consultant and individual contractor.

How to apply:

Qualified candidates are requested to submit a cover letter, CV and signed P11 form (which can be downloaded from our website at http://www.unicef.org/about/employ/index_53129.html) to pdconsultants@unicef.org with subject line “Child Safeguarding Policy,” by 24 September 2013, 5:00 PM (New York time). Please indicate your ability, availability, and daily rate to undertake the terms of reference above. Applications submitted without a daily rate will not be considered.Joint Applications with two or more individuals are not accepted.