- Requisition ID: LAW000002
- Contract Type: Special Service Agreement (SSA) / Consultant
- Grade: No grade
- Location: OSCE Mission in Kosovo, Prishtine / Pristina
- Posting Date: Jun 11, 2021
- External Closing Date: Jun 28, 2021
- Target Start Date: Sep 1, 2021
- Job Type: Consultant
- Education Level: Bachelor's Degree (First-level university degree or equivalent)
The OSCE Mission in Kosovo through its Law and Justice Section (LJS) monitors justice sector for compliance with the human rights standards. It also engages in projects aimed at improving performance of the judicial and non-judicial institutions. Since the adoption of the new Law on Protection from Discrimination, and the new Criminal Code criminalising different forms of discrimination, the Mission supported relevant institutions to perform their functions defined under these laws. In particular, the Ombudsperson Institution (OI), which is the equality body under the new Antidiscrimination Law and is mandated to investigate discrimination cases in private and public sector, and to submit amicus curiae briefs to courts ; also, the Office of Good Governance under the Office of the Prime Minister (OGG), which is responsible to create a database of discrimination cases and supervises the implementation of the OI’s recommendation concerning discrimination. To date, the Mission engaged in awareness raising activities about the antidiscrimination legislation and the role of the above-mentioned institutions. The Mission also conducted capacity building trainings for Kosovo Police to enhance investigation of hate crimes.
However, the number of complaints about discrimination submitted to the OI and to courts remains low. In 2020, out of 145 complaints about discriminatory treatment 107 cases were found admissible and investigated.
A primary needs assessment conducted by the Mission in late 2019 and beginning of 2020 showed that awareness about the concept of discrimination among general public and legal professionals is relatively low. There is no experience of strategic litigation before the OI and the courts, and the engagement of civil society organisations in this respect. The training Centre of the Kosovo Bar Association (KBA) and the Kosovo Academy of Justice (KAJ) does not offer a training module on discrimination issues, nor is there engagement of other international and donor organisations at this stage. Both institutions are willing to receive the Mission support on this matter.
Objective of Assignment:
In order to ensure a continued legal education on discrimination issues for practicing lawyers and judges, a selected international expert, will conduct two (2) three-day training of trainers (ToT) for the KBA and KAJ experts and two (2) two-day training sessions for the participants from KBA, CSOs and judges.
Duration of Assignment:
The consultant will be contracted for thirteen (13) working days between 1 September and 31 November 2021
Tasks and Responsibilities:
Under the supervision of the LJS Project Manager and in co-ordination with the Coordinator of the training centre of the KBA and KAJ, the consultant will:
1. Produce condensed written guidelines for the ToT participants from the KBA and KAJ
2. Deliver one three-day ToT on effective identification and litigation of discrimination cases for the KBA trainers;
3. Deliver one three-day ToT on effective examination of discrimination cases by judiciary for the KAJ trainers;
4. Produce training modules for two (2) two-day trainings for practicing lawyers, CSO representatives and judges;
5. Deliver two (2) two-day introductory trainings for practicing lawyers, CSO representatives and judges;
6. Prepare a desk report and post-training report.
The training should cover the following aspects:
• All relevant international instruments for the elimination of all forms of discrimination and promoting equality and tolerance and the relevant jurisprudence;
• Comparative analysis of Kosovo legislation concerning prohibition of discrimination and promoting equality in light of the relevant international standards;
• Discrimination on different grounds both in private and public;
• Methods and tools to identify discrimination cases both in private and public sector;
• Methods and tools to identify discrimination cases for strategic litigation before local and international mechanisms;
• Role of the Equality Body/Ombudsperson Institution of Kosovo vis a vis judiciary based on the Kosovo legislation and compared to other European jurisdictions or beyond;
• Comparative analyses of examination of discrimination cases and rules of procedure by judiciary in European countries;
• The framework for a discrimination complaint, also for the strategic litigation purposes and a court judgement;
• Evidentiary standard and burden of proof in discrimination cases;
• Remedies for the victims of discrimination both in private and public sector granted by the Equality bodies and/or Courts and their enforcement.
• Case studies based on different grounds of discrimination and both in private and public sector;
• Drafting exercise of a discrimination complaint/strategic litigation complaint;
• Drafting exercise of a court judgement in a discrimination case.
• Condensed written guidelines for ToT participants/expert from the KBA and KAJ.
• Two (2) three-day ToT for the KBA and KAJ experts.
• Training modules for two (2) two-day training sessions for practicing lawyers, CSO representatives and judges.
• Two (2) two-day introductory training for lawyers, CSO representatives and judges.
• A post-training report submitted according to the Mission Writing and Reporting Guide.
• Two (2) three-day ToT for KBA and KAJ experts is prepared and delivered to the satisfaction of the Mission project activity manager
• Two (2) two-day introductory training for lawyers, CSO representatives and judges is prepared and delivered as agreed and of satisfactory quality to the Mission project activity manager
• Condensed written guidelines for ToT participants is distributed to the participants
• Training materials are distributed to the participants of the introductory training
• Post-training activity report delivered on time.
• University degree in law, human rights, international studies or other related field;
• At least ten (10) years of relevant working experience, specifically in the area of human rights;
• Extensive knowledge and expertise in the field of human rights as it relates to equality, elimination of discrimination and promoting tolerance and mutual respect;
• Experience of developing curriculum and training modules in the area of human rights;
• A minimum three (3) years of experience in training delivery for judges and practicing lawyers;
• Ability and willingness to work as a member of a team, with people of different cultural and religious backgrounds, different gender, and diverse political views, while maintaining impartiality and objectivity;
• Ability to link current international standards on equality and prohibition of discrimination to Kosovo-specific laws, treaties and secondary legislation, if any;
• Previous working experience as a judge, litigating lawyer before international human rights mechanisms and/or tribunal is an asset;
• Previous working experience in an international organization is an asset;
• Previous working experience in the region and Kosovo is an asset.
Remuneration will depend on the qualifications and experience of individual experts as well as the detailed work plan to be agreed upon and will be based on the current OSCE consultancy rates.