ToR CPWG Draft vs1

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Child Protection Working Group Ukraine
Child Protection Working Group
Terms of Reference
Ukraine 2014
The on-going humanitarian crisis has a significant impact on women, girls and boys. The family
structures as well as access to protection services and social support have been disrupted in many
areas and towns. The situation in the East including Luhansk and Donetsk Oblasts continues to be
tense with ongoing conflict and violence between separatists and law enforcement units are
occurring daily with casualties on both sides.
Displacement, family separation and the experience of conflict in different regions of Ukraine create
a situation where girls and boys are deeply vulnerable to exploitation, abuse and neglect. Children,
especially male adolescents and youth, are at risk of recruitment into the conflicts, with all ages and
gender being at risk to abductions, detention, trafficking, violence at home and in schools, exposure
and injury to landmines and UXOs as well as other forms of child rights violations.
In response to these risks, threats and the new reality being faced by 3.2 million girls and boys and
their caregivers a Child Protection Working Group (CPWG) is established, under the direction of the
Protection Working Group supported by OCHA in Ukraine, to address the impacts of the current crisis
situation.
This is to be a permanent working group covering all Child Protection issues in Ukraine, specifically
Child Protection in Emergencies (CPiE). It is established to address the current child protection issues
in Eastern Ukraine and displacement and affected host populations in other areas of Ukraine.
The CPWG government counterpart is the Ministry of Social Policy, which currently is critically
understaffed and resourced with limited expertise in child protection in emergencies. As a result the
CPWG is hosting and leading the child protection in emergencies coordination group on behalf of the
MoSP. This will be periodically reviewed and at all times the MoSP are kept informed, up to date with
access to fully participate in the work of the CPWG. It is intended to find a durable solution for the
CPWG though the mechanism for this has still to be clarified once the non-governmental and
government structures1 and leadership becomes more stable.
Aims of the Child Protection Working Group
The aim of the CPWG is to create a permanent, recognized, united national forum for diverse child
protection stakeholders to facilitate a coordinated and informed response to girls and boys and their
caregivers in emergencies and crisis.
The global CPWG define an emergency as 'a situation where lives, physical and mental wellbeing, or
development opportunities for girls and boys are threatened as a result of armed conflict, disaster or
Ministry of Health, Ministry of Internal Affairs, Ministry of Justice, Ministry of Science and
Education, Ministry of Social Policy, Ombudsman, State Emergency Service etc
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Child Protection Working Group - Ukraine
the breakdown of social or legal order, and where local capacity (governmental and nongovernmental) to cope is exceeded or inadequate'.
The basis of work of the CPWG will be to have consensus, to use international standards and good
practices, ensure minimum standards, standardization, support community mobilization, information
sharing, monitoring, advocacy, budgets, donors, the representation of CP issues in other forums and
accountability.
The CPWG will draft a strategy, annual work plans, budgets, and timeframes to represent its work on
behalf of children and their caregivers. This will include cross-sectorial issues, Emergency
Preparedness and Response Plans, Contingency Planning and Early Recovery/Transition planning. The
work of the CPWG will reflect the principles and processes of the IASC Transformative Agenda.
A core component of the CPWG work will be capacity building, professional development and
awareness raising of key child protection stakeholders including state, non-government and
community representatives.
The CPWG will work to be integrated and embedded as a national inter-ministry structure to be able
to fully take the lead, direction and future development of this issues of children and to be able to
effectively respond to child protection issues in emergencies, crisis, transitioning and early recovery.
Roles and Responsibilities
Within this framework, the CPWG will be responsible for the following:
1. Coordination
A. Planning and programming for girls, boys and caregivers shall be coordinated with government
counterparts and other relevant authorities, non-state actors, (I)NGOs, civil societies, faith based
agencies and donors, ensuring that meetings and response by CPWG are consultative,
participatory and results-oriented, applying the five principles of partnership, namely:
 Equality – with partners respecting each other’s mandates, obligations and independence and
recognizing each other’s constraints and commitments.
 Transparency – with emphasis on early consultations and early sharing of information
 Results-oriented approach – being reality-based and action-oriented
 Responsibility – committing to activities when partners have means, competencies, skills and
capacity to deliver on their commitments
 Complementarity – building on comparative advantages and complementing on each other’s
contributions.
B. The CPWG shall provide transparent strategic direction and develop a child protection strategy
and work plan to represent the consensus of the CPWG members and the needs and issues of
girls, boys and caregivers affected by the conflict (reflecting the IASC Transformative Agenda
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Child Protection Working Group Ukraine
principles and processes2).
C. The CPWG is a sub-sector of the Protection Sector, where the group’s objectives and actions are
coordinated with actions of the Protection Sector and among intra-sector collaboration and
cooperation.
D. The aim of the coordination is to reduce overlap, address gaps and provide solutions and
information to identified problems/gaps.
2. Assessment, surveys, inventory of response capacity and resource mobilization
The CPWG shall analyze trends and risks faced by children and caregivers in the context of the
conflict both in directly affected communities and for IDPs in other regions of Ukraine.
 Coordinate and support child protection assessments and/or participate in assessment
processes at the Protection or other Inter-sector levels
 Map child protection actors and their programmatic and geographic areas using the 5W global
mapping tool3, assessing all critical gaps, vulnerabilities and information on who is doing what,
where, when and how to address these outstanding needs and to ensure all priority child
protection needs are addressed in an adequate and timely manner
 Establish a database of child protection practitioners (master Participants list) available for
supporting activities and interventions in favor of children and women.
 Actively advocate to donor partners for funding to support under-resourced child protection
intervention initiatives, particularly for local NGOs and community-based organizations
 Actively advocate to government partners for policy and legislative support in meeting the
needs of children and addressing issues that negatively impact their heath and wellbeing
3. Information Management, Monitoring and Reporting
The CPWG shall facilitate information exchange on child protection needs and new developments
as well as monitoring and reporting on grave violations of children in conflict and other serious
protection concerns regarding children, women and caregivers.
 Facilitate reporting and information sharing within the sub-sector and at the protection sector
and inter-sector level
 Ensure that the CPWG has a functional information management strategy and mechanism
 Contribute to UN updates and briefings on protection concerns for children and women in the
affected areas, response activities, challenges and recommendations for the Humanitarian
Coordinator, Humanitarian Country Team and other stakeholders
 Facilitate regular flow of information from local to central and vice versa
 Coordinate child protection aspects of rapid and longer-term assessments
 Monitor trends and early warning indicators and ensure emergency preparedness planning is
http://www.humanitarianinfo.org/iasc/pageloader.aspx?page=content-templatedefault&bd=87
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Global CPWG 5W: who – what – where – when – why
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Child Protection Working Group - Ukraine
carried out, in order to anticipate new child protection risks and pre-position a response
 Evaluate and adapt actions on ongoing basis
 Support the OCHA Humanitarian Situation Monitoring (HSM) mechanism
4. Standards Setting and Implementation
The CPWG shall provide a coordination forum for child protection activities that provide guidance
to all partners on common standards, strategies and approaches.
The CPWG shall implement standard operating procedures when and where necessary to facilitate
the response to the crisis and to ensure that the international standards, humanitarian principles
and international procedures for children affected by the conflict are appropriately adapted,
respected and used for responses in Ukraine. The CPWG shall maintain the child protection profile
within the broader protection structure and ensure mainstreaming of child protection in other
humanitarian sectors (including OSCE and OHCHR monitoring in Ukraine).
 Coordinate the integration of cross-cutting issues in the work of the CPWG such as women,
adolescents, elderly, GBV, PSS, ethnic minorities (Roma)
 Ensure adherence of the CPWG activities to guidelines on age, gender and diversity
mainstreaming
5. Advocacy.
Develop an advocacy strategy for issues related to child protection, involving participation of state
and non-state partners across sectors.
 Identify core advocacy concerns for child protection through a consultative process: joint subsector/ inter-sector initiatives to ensure regular and consistent advocacy
 Establish coordinated children protection messages for children and the community (e.g.
importance of psycho-social support/ how to address distress for children/ families;
importance of UXO, prevention and response UASC4, legal issues etc.)
 Contribute to Protection sector’s adherence to international humanitarian law and
international human rights instruments, the Guiding Principles on Internal Displacement as
well as other relevant international and regional instruments
 Promote and support strengthening of national legislation and normative provisions relevant
to internal displacement and durable solutions
Membership
The CPWG is open to all child protection actors and stakeholders5 who uphold minimum standards
and good practices6 in the delivery of relevant and appropriate child protection social and legal
services in emergencies and crisis.
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Unaccompanied and separated children
Ministry of Social Policy (lead), Ministry of Education and Science, Ministry of Health, Ministry of Justice, Ministry of Internal Affairs,
Penitentiary Services, Office of the Human Rights Ombudsperson, Office of the Presidential Commissioner on Child Rights, other
relevant Government bodies and local government administrations, NGOs, INGOs, faith based and civil societies, UN Agencies
6 As defined by the CPWG
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Working Groups, Task Forces, Committee’s may further define the structure of the CPWG as needs
are identified and priorities and issues clarified.
Sessions and Reporting
It is important to have the CPWG coordination mechanisms as close to the affected populations
as possible. This ensures real time cohesion, consistency and updates to best prevent and respond
to child protection issues. This means the ‘main’ CPWG coordination meetings may be ‘in the field’
with the national level CPWG coordination structure acting as support. An example is national
CPWG can focus on policies, SoPs, advocacy, fund raising, etc while the field CPWG coordination can
focus on monitoring, community mobilization, training. If several CPWG coordination ‘hubs’ are
needed than a roving CPWG coordination may be a mechanism to consider or variations thereof.
The CPWG will meet regularly enough to ensure the needs of girls and boys and their caregivers
are met as expediently as possible. All meetings are to be announced in advance with agenda and
minutes documented.
Currently the CPWG will report to the Protection Sector, the CPWG will also ensure relevant
national bodies receive copies of information and documentation.
Confidentiality and Documentation
The CPWG is not meant to serve as a forum for discussion on individual cases. In the event that
individual cases of abuse, exploitation or violence against children or their caregivers are discussed
these must be treated with absolute confidentiality. Detailed documentation related to individual
protection cases shall not be shared in meetings.
Glossary
CPiE - Child Protection in Emergencies - The CPWG defines child protection in emergencies
(CPiE) as “the prevention of and response to abuse, neglect, exploitation of and violence against
children in emergencies.” This contrasts with the Inter Agency Standing Committee (IASC)
definition of protection, which includes all human rights. In practice, child protection work
includes specific programs run by child protection specialists, as well as actions integrated into
all other humanitarian sectors.
CP – Child Protection - is a set of usually government-run services designed to protect
children and young people who are underage and to encourage family stability.
CPWG – Child Protection Working Group - The Child Protection Working Group (CPWG) is
the global level forum for coordination and collaboration on child protection in humanitarian
settings. The group brings together NGOs, UN agencies, academics and other partners under the
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Child Protection Working Group - Ukraine
shared objective of ensuring more predictable, accountable and effective child protection
responses in emergencies.
GBV – Gender Based Violence - is violence that is directed against a person on the basis of
gender. It constitutes a breach of the fundamental right to life, liberty, security, dignity, equality
between women and men, non-discrimination and physical and mental integrity.
HSM - Humanitarian Situation Monitoring – is a process to inform planning for immediate
response and for adequate preparedness measures.
IASC - Inter- Agency Standing Committee - is the primary mechanism for inter-agency
coordination of humanitarian assistance. It is a unique forum involving the key UN and non-UN
humanitarian partners.
(I)NGO- International Non-Governmental Organization - has the same mission as a nongovernmental organization (NGO), but it is international in scope and has outposts around the
world to deal with specific issues in many countries.
MoSP - Ministry of Social Policy(of Ukraine) - is the Ukrainian department responsible for
instituting policy regarding a broad range of social issues in the country. Specifically, these
issues are labor relations, family and children, immigration and trafficking, women's rights,
children's rights, and humanitarian aid.
NGO- Non-Governmental Organization - is the term commonly used for an organization that
is neither a part of a government nor a conventional for-profit business.
OCHA - (United Nations) Office for the Coordination of Humanitarian Affairs - is the part
of the United Nations Secretariat responsible for bringing together humanitarian actors to
ensure a coherent response to emergencies. OCHA also ensures there is a framework within
which each actor can contribute to the overall response effort.
OHCHR - Office of the High Commissioner for Human Rights - is a United Nations agency
that works to promote and protect the human rights that are guaranteed under international
law and stipulated in the Universal Declaration of Human Rights of 1948.
OSCE – Organization for Security and Cooperation in Europe - is the world's largest
security-oriented intergovernmental organization. Its mandate includes issues such as arms
control and the promotion of human rights, freedom of the press and fair elections.
PSS – Psychosocial - means it relates to one's psychological development in, and interaction
with, a social environment.
SoP – Standard Operating Procedures - Established procedures to be followed in carrying
out a given operation or in a given situation.
UASC – Unaccompanied and Separated Children
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Child Protection Working Group Ukraine
Separated children are those separated from both parents, or from their previous legal or
customary primary care-giver, but not necessarily from other relatives. These may, therefore,
include children accompanied by other adult family members.
Unaccompanied children (also called unaccompanied minors) are children who have been
separated from both parents and other relatives and are not being cared for by an adult who,
by law or custom, is responsible for doing so.
UN – United Nations - is an intergovernmental organization established 24 October 1945, to
promote international co-operation. A replacement for the ineffective League of Nations, the
organization was created following the Second World War to prevent another such conflict.
UXO - Unexploded Ordnance - are explosive weapons (bombs, shells, grenades, land mines,
naval mines, etc.) that did not explode when they were employed and still pose a risk of
detonation, potentially many decades after they were used or discarded.
Vulnerability - can be defined as the diminished capacity of an individual or group to
anticipate, cope with, resist and recover from the impact of a natural or man-made hazard. The
concept is relative and dynamic. Vulnerability is most often associated with poverty, but it can
also arise when people are isolated, insecure and defenceless in the face of risk, shock or stress.
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