National Consultant to conduct a gap analysis of the existing national legislation and its compliance with the United Nations Trafficking in Persons Protocol and other relevant instruments (For UNODC) – Colombo

Scope of work and expected outputs/ deliverables:

As a part of the project activities in Sri Lanka, UNODC would like to commission a consultant for preparing a comprehensive gap analysis of the existing national legislation and its compliance with the United Nations Trafficking in Persons Protocol and other relevant instruments. The overall objective of this consultancy is to:  

a) Provide a comprehensive list of all national laws, regulations, rules and policies (the Legal Framework) that impact TIP in Sri Lanka; identify the applicable provision and the authority and level of government responsible for its implementation;

b) Develop a set of recommendations to harmonize the Legal Framework and address gaps, that satisfy the following minimum requriements.

incorporate international minimum standards and consistent with the Palermo Protocol definition of trafficking;

harmonize with other Sri Lankan laws;

Incorporate a gender, and a victim-centered analysis;

  1. The analysis should consider:
    1. identification and protection of victims (including definitions of trafficking, legal obligations to report TIP);
    2. coordination and referral mechanisms;
    3. delivery of services to victims;
    4. victim’s rights to protection, legal representation in court, legal aid, compensation in both the civil and criminal process, access to services, repatriation between countries, etc.
    5. prosecution (provisions related to TIP);
    6. penalties; and
    7. any other relevant factors

The overarching scope of work and expected outputs/deliverables will be:

-Carry out detailed secondary/desk research through material available online and in printed form, such as relevant legislation,  rules, regulations, policy briefs, judgements, circulars etc.

– Collect information through phone/ email/ Skype and where possible, direct contact with key stakeholders, such as government functionaries, UN agencies, NGOs, AHTUs, nodal officers of TIP, judicial academies, prosecutors and other experts etc. working on AHT.

– Collect information shared at UNODC stakeholder consultations, at discussions, as presentations, as well as through direct contact with the attendees.

Expected deliverables and dates and details as to how the work must be delivered and payment terms:

1. Research design (10%):

Output: Document that describes how the analysis will be carried out, primary and secondary sources and time line and plan of action – 5 Working Days

2.  Conduct Analysis and present findings to UNODC (30%):

Output: Review all available sources of information; Conduct interviews with key informants across the sectors to complete the desk review; Submit detailed draft; and Present preliminary findings to UNODC – 10 Working Days

3. Complete detailed research (25%):

Output: Complete the draft report as defined in the research design with accompanying presentations – 10 Working Days

4. Deliver findings to the stakeholders (20%):

Output: Deliver findings to members of the National Anti-Human Trafficking Task Force/ other relevant stakeholders and to UNODC – 2 Working Days.

5. Revise and finalize the research (15%):

Output: Complete the final report as defined in the research design – 3 Working Days

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