Terms of reference for a consultant: a baseline study to cover access to asylum and durable solutions for refugee children in Serbia

1.     Introduction

Save the Children believes every child deserves a future. In the North-West Balkans and around the world, we work every day to give children a healthy start in life, the opportunity to learn and protection from harm. When crisis strikes and children are most vulnerable, we are always among the first to respond and the last to leave. We ensure children’s unique needs are met, and their voices are heard.  We deliver lasting results for millions of children, including those hardest to reach. We do whatever it takes for children – every day and in times of crisis – transforming their lives and the future we share.     

2.     Background and Rationale

Each year thousands of people on the move cross the Balkans. The majority of them come from war-torn countries such as Syria or Afghanistan and many of them are children including unaccompanied or separated children. Despite arriving in the region most opt to continue their journey towards Western Europe. While for many this is conditioned by family or economic considerations there are those who would wish to stay and seek asylum in the Balkans. Yet the number of recognized refugees in the region remains extremely low with reports of even persons who were granted asylum leaving as a result of the lack of durable solutions options, primarily integration support. For those vulnerable children who enter the asylum procedure, safeguarding and procedural guarantees seem to be weak or not applied in practice. Asylum and integration systems need to be aligned with EASO standards based on EU law as the countries of the Western Balkans progress towards the European Union membership.

3.     Purpose of the study

This baseline study aims to provide a general overview of the asylum procedures, reception conditions and durable solutions (with focus on local integration) available to asylum seekers and refugees, in particular families with children and unaccompanied and separated children. The baseline study will serve to inform Save the Children of the current state of affairs for the purposes of programme development and advocacy.

In particular the research will

1.      Outline the existing legislative and institutional framework in the field of asylum and child refugee protection including on best interest of the child assessment and determination procedures, identification, legal guardianship and age assessment.

2.      Provide a segregated statistical overview of the asylum procedure in the previous period.

3.      Present the general asylum procedure including through a chart and present any safeguarding mechanisms or procedural guarantees for children in families and unaccompanied children in the asylum procedure and their application in practice.

4.      Analyze whether the adequate information provision for asylum seekers is available and whether there is availability of child-friendly information provision and specialized legal aid.

5.      Provide an overview of reception conditions, particularly of children.

6.      Identify specific risks and procedural gaps that groups of children face during asylum process, including children who have been identified as potential victims of trafficking or victims of trafficking, as well as risks related to: age, gender, status (children in families, UASC), health (chronically ill children, children experiencing mental health issues) and ability (children with disabilities).

7.     All asylum, child refugee protection and reception issues should be assessed against how they are aligned with EASO standards and EU acquis and what is missing.

8.      Assess the availability of integration services for refugees, in particular integration services for children with families and unaccompanied children

9.      Describe family reunification procedures and practice, in particular those involving children in any way.

10.   Assess the availability of housing support for refugees, in particular children.

11.   Assess the availability of access to labour market and the right to social welfare for refugees, in particular children.

12.   Assess the availability of access to education and healthcare for refugees, in particular children.

13.   Assess the availability of other forms of durable solutions such as resettlement or voluntary return.

14.   Identify specific risks and procedural gaps that groups of children face while accessing integration services, including children who have been identified as potential victims of trafficking or victims of trafficking, as well as risks related to: age, gender, status (children in families, UASC), health (chronically ill children, children experiencing mental health issues) and ability (children with disabilities).

15.  All durable solutions issues should be assessed against how they are aligned with EASO standards and EU acquis and what is missing.

The study will be based on the desk research where the consultant will review the available secondary data sources, relevant to the objective of the research, to draw on existing literature and produce a desk review, so as to not duplicate existing findings and ensure as targeted a scope as possible. Comparative research methods will be used to identify issues where the existing legal framework or practice diverges from EASO stands and the EU acquis. For the purposes of analyzing practical application of the existing framework, several stakeholder interviews will be conducted to gain better insight into the practice and current main issues.

Baseline study will be written in English language.

4.     Duties and responsibilities

·        A consultant is expected to carry out the following activities:

·        Hold an initial meeting with Save the Children to finalize the work plan agreement.

·        The consultant shall be in contact with Save the Children staff throughout the process, providing regular information on the process and asking for information and instructions when needed.

·        Create a baseline study plan and present it to the SCI staff for a review.

·        Based on SCI input write a baseline study, send a draft for a review at the middle of the consultancy period for comments and suggestion and submit a final version to Save the Children at the end of consultancy.

·        The consultant will respect the agreed timeline for the assignment.

·        The report delivered by the Consultant will need to be approved by Save the Children in order to be considered final.

·        Findings will be presented in one summary report. Any raw data records collected during research (interviews, documents, datasheets etc.) which served as a basis for the final report will be passed on to the Save the Children as a part of the documentation process. Report and accompanying documents will remain property of the Save the Children with acknowledgement of the consultancy authorship.

·        The report will be written taking into account academic integrity and ethics. Any plagiarizing will be considered a gross violation and appropriate action will be taken against any such conduct.

5.     Expected deliverables:

·        Methodology

·        Work plan

·        Research and update schedule

·        Literature review

·        Analytical baseline study with recommendations

6.     Timeframe:

The consultant will be obliged to deliver the final report within 30 days of the commencement of consultancy. Shortlisted candidates will be contacted on 22 March 2021 and the consultancy start date is expected on 24 March 2021.

7.     Qualifications:

·        University degree in social sciences, law, humanities or similar (masters or PhD in the relevant field is an advantage);

·        Previous experience with research, data collection, and documentation;

·        Previous experience in working in humanitarian context and/or familiarity with basic standards of working in the humanitarian sector;

·        Knowledge of child rights and protection principles;

·        Knowledge of gender equality principles, and experience in promoting gender equality programming;

·        Cultural sensitivity, highly developed interpersonal and communication skills;

·        Excellent analytical and writing skills in English;

·        Commitment to Save the Children values, aims, and principles;

·        Links with NGOs, international or national stakeholders;

·        Experience working with refugees and migrants, especially children;

·        Experience with humanitarian operations in the Balkans;

8.     Application and bid procedure:

Interested candidates need to send their applications by 19 March 2021, at 12h. Only short-listed candidates will be contacted.

The application should include a CV (maximum 3 pages) emphasizing relevant experience, motivation letter (maximum 1 page); short proposed methodology and the budget (maximum 2 pages)

The consultants must indicate the prices he/she is offering to Save the Children as part of the contract, including the currency.

Prospective consultants can apply for both baseline studies if they fulfil qualifications and expertise requirements for both countries.

The financial proposal shall specify a total gross lump sum amount (including a breakdown of costs for fee, travel, and number of working days). Payments will be made in installments based upon key outputs, i.e. upon delivery of the services specified in the ToR.

·        50% on signing the contract and submission work-plan and methodology for the assignment (in English)

·        50% on completion of all agreed activities and submission of final report (in English).

Selection criteria

The decision, subject to the available budget, will be based on the relevant education, previous experience, proposed methodology and cost efficiency.

Applicants are encouraged to take cognition of methodologies for gender-sensitive programming and research in Save the Children’s Gender Equality Toolkit:

https://resourcecentre.savethechildren.net/library/save-children-gender-...

CHILD SAFEGUARDING:

Save the Children is committed to conducting its programs and operations in a manner that is safe for the children it serves and helping protect the children with whom Save the Children is in contact. All Save the Children representatives are explicitly prohibited from engaging in any activity that may result in any kind of child abuse. It is Save the Children’s policy to create and proactively maintain an environment that aims to prevent and deter any actions and omissions, whether deliberate or inadvertent, that place children at the risk of any kind of child abuse. All our representatives are expected to conduct themselves in a manner consistent with this commitment and obligation. Any violations of this policy will be treated as a serious issue.

We need to keep children safe so our selection process reflects our commitment to the protection of children from abuse.

GENDER EQUALITY:

Save the Children has the ambition of implementing children on the move programming which promotes equal rights for girls and boys on the move, and that deliberately seeks ways in which we can more effectively achieve impact for girls.

ABOUT SAVE THE CHILDREN:

Save the Children is the leading independent organization for children in the world. The vision of Save the Children is a world in which every child attains the right to survival, protection, development, and participation. The mission of Save the Children is to inspire breakthroughs in the way the world treats children and to achieve immediate and lasting change in their lives. Save the Children and its partner organizations jointly work to improving the situation for children in child rights governance, right to education, rights to protection against violence, abuse, exploitation and neglect and rights of children in emergencies.

Save the Children in North West Balkans based in Sarajevo, Bosnia and Herzegovina conducts its activities in Bosnia and Herzegovina, Serbia and Montenegro and supports the realization of regional initiatives in the area of southeast Europe.

The Balkans Migration and Displacement Hub (BMDH) is a Save the Children initiative that has been established in 2018 to provide the needed support for children on the move and to document good practices developed in Balkans countries during the emergency response. It is mandated to improve learning and knowledge sharing within Save the Children, monitor trends in migrations across the Balkans, promote emergency preparedness, ensure refugee and migrant children’s needs are prioritized, develop partnerships in countries along the Balkans route and liaise with other stakeholders working with children on the move to run and promote a robust advocacy for children.

Deadline for applications: 19 March 2021

Please apply to: nenad.bosiljcic@savethechildren.org