TERMS OF REFERENCE
Consultancy for the research and drafting of a Child notice on Albania:
Analysis of the situation of children in countries of origin of migrant children
GENERAL BACKGROUND
With financial support of the European Return Fund, the UNICEF National Committees in the
Netherlands, Belgium and Sweden, work on the development of child-specific country of origin (COI)
reports for the next two years. These country reports (Child notices) describe the situation of
children in countries of origin of migrant children. This includes legal and practical information on
education, health care, child protection, armed conflict, juvenile justice, trafficking etc.
Reliable and specific country of origin information is of great importance in the field of migration and
return. When it concerns to vulnerable groups – children and in particular trafficked children – this
information is even more important. Information about the local situation of children in countries of
origin is needed for all decisions relating to the best interests of the child and for identifying durable
solutions. In case of return, objective country of origin information increases the opportunity of safe
return and decreases the chances of re-trafficking.
Currently, child-specific country of origin information is scarce or unavailable. This means that
authorities (immigration services, policy makers) and professionals (lawyers, guardians, judges,
NGO’s and counter-trafficking organizations) in EU Member States often take decisions based upon
outdated and non-child specific information.
The Child notice project (official title: “better information for durable solutions and protection”) will
generate child-specific country of origin information analysis (Child notices) on several countries, that
should be used in the asylum procedure or other procedures considering the best interests of the
child such as those designed to provide protection to trafficked children. The Child notices will
provide for better information on possible durable solutions for these children, such as the safe
return of children to countries of origin, and the protection of children. The Child notice will be
developed according to a standard reporting structure (attached as an ANNEX; please note that not
all questions may be relevant to the Albanian context) that is based on the UN Convention on the
Rights of the Child.
The project benefits from an advisory board of international experts in the field of migration, Country
of Origin information and children on the move. UNHCR and UNICEF offices in Brussels and Geneva
are advisory partners.
Weighing up migration flows of children (with and without families), return figures, EU and national
priorities, we have selected Albania to be one of the countries involved in the project.
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PURPOSE
During the project a Child notice on Albania will be developed. The Child notice will be published by
the National Committees of UNICEF in The Netherlands, Belgium and Sweden, as project partners,
under the conditions of the project.
Within the framework of the project “Better information for durable solutions and protection” and in
accordance with article II.9 (Award of Contracts) of the Grant Agreement between the European
Union and the National Committee UNICEF The Netherlands, UNICEF is seeking a consultant to
compile the data and to draft the Child notice on Albania according to a reporting structure and
taking into account the conditions mentioned in the document Guidelines for the development of
Child notices (attached).
EXPECTED RESULT/DELIVERABLES
The key deliverables would be the following:

A Child notice on Albania of no more than 50 pages. The Child notice is written according to
the reporting structure (attached). The reporting structure is elaborate and comprehensive;
in consultation with the project coordinator and UNICEF Albania a choice is made to focus on
certain areas in line with the purposes of the Child notice. The reporting language is English.
o The first draft is ready and sent (email) to the project coordinator, cc to UNICEF
Albania, by the end of August 2014. The project partner, as well as members of an
international advisory group and UNICEF Albania, will comment on the first draft in
September 2014.
o The final version is ready by October 2014.
o Final editing and publication is done by the project partners.
KEY TASKS
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Desk study: Review of existing reports, documents, evaluations and other relevant
documents on the situation of children in the concerned country
Additional interviews with resource persons and/of international and national organizations
if needed
Validation of the collected data by local experts (UNICEF Albania included) in a meeting or
through written consultation
Writing of the first draft of the Child notice according to the reporting structure
Liaison with the project coordinator and UNICEF Albania (Deputy Representative)
Revising the draft to produce a final version taking into account the feedback received
REPORTING, LOCATION
The consultant will work in the country which is the subject of the Child notice (Albania) and will
report to the project coordinator.
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DURATION
30 days of work from July 2014 – October 2014 (not full-time).
First draft ready by end of August 2014. Final version ready by the beginning of October 2014.
KEY COMPETENCES, TECHNICAL BACKGROUND AND EXPERIENCE REQUIRED
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Advanced Master’s Degree in Social Sciences /similar field
Expertise in and knowledge of the broad field of children’s rights (UN Convention on the
Rights of the Child), migration, child welfare
Preferably knowledge on the children’s rights situation in Albania
Substantial experience in data collection, research and drafting of reports
Good writing and analytical skills
Proficiency in English and Albanian
HOW TO APPLY
Qualified candidates are requested to submit a cover letter and CV to the project coordinator
(Majorie Kaandorp, mkaandorp@unicef.nl) and UNICEF Albania (tirana@unicef.org, copied to
vgavrilova@unicef.org and egorenca@unicef.org) with subject line “Consultant – Child notice” by
May 19, 2014. Please indicate your ability, availability and daily rate to undertake the terms of
reference above.
CONTACT DETAILS
Project Coordinator:
Majorie Kaandorp
UNICEF The Netherlands
mkaandorp@unicef.nl
+ 31 70 3339328 (office)
+ 31 6 20032263 (mobile)
UNICEF Albania focal point:
Vera Gavrilova
UNICEF Tirana
vgavrilova@unicef.org
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ANNEX - Guidelines for the development of a Child notice
23 April 2014
General instructions
Length
• The Child notice is concise and has a length of no more than 50 pages.
Quality standard
 A Child notice should take into account the quality standards and principles that apply to
Country of Origin Information (COI) (Chapter 2 ACCORD Manual Researching Country of
Origin Information-2013 edition1):
o Relevance
o Reliability and balance
o Accuracy and currency
o Transparency and traceability
o Neutrality and impartiality
o Equality of arms regarding access to information
o Using publicly available information
o Data protection
Sources (Chapter 4 and 7 ACCORD Manual Researching Country of Origin Information – 2013 edition)
• The Child notices uses a variety of (credible) sources:
o International and intergovernmental organisations (IGO)
o Governmental organisations
o Non-governmental organisations (NGOs) and other civil society organisations
o Media
o Academia
• Make a distinction between primary and secondary sources. A primary source is a person or
institution providing first-hand testimony or observations on the events or issue in question.
A secondary source is a person or institution referring to primary or other secondary sources.
• Always cross-check information by using different types of sources (preferably 3 different
types of sources). Be sure to mention contradictions.
• If no information is found, do mention that this does not mean that the event/situation does
not exist.
• To be able to judge on whether a source can be considered reliable, do a source assessment
by answering these questions:
o Who provides the information?
o What information is provided?
o Why is the source providing this information?
o How is the information generated?
o When was the information gathered and when was it provided?
• Use a clear referencing method. Use footnotes. Collect the following details of all the sources
used:
o Name of the source (author and/or institution)
o Title of the publication
o Date of the publication (additionally, if applicable, period covered)
o Page(s) or paragraph(s) or section heading of the specific piece of information
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The manual is developed by the Austrian red cross/ACCORD and can be downloaded here:
http://www.ecoi.net/blog/2013/10/new-accord-training-manual-on-researching-country-of-origininformation-published/?lang=en
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o Internet link (URL) with date of access
In case of oral sources (interviews) full referencing is necessary (name, title, organization,
date of telephone conversation/email/..). In case of source protection, describe the source
briefly. Make clear why the source was chosen.
Be cautious in using social media since information changes quickly and might be subjective
or incomplete. Be sure not to confuse the actual source and the social media platform on
which it was retrieved. (Chapter 6, ACCORD Manual)
Add a bibliography or list of references at the end of the report. Make a difference between
sources which were actually used in the report and the main sources which were only
consulted.
Detailed information
 Information is as detailed as possible, disaggregated to region, age, sex, ethnic, religious
groups.
Preface (general for all Child notices)
• Purposes of the Child notice:
o To be used in decision-making in the best interests of children on the move
o To be used in gaining information and knowledge about the country of origin:
 Identifying potential (child and gender-specific) grounds for persecution
 Identifying other factors relevant to decisions as to whether remaining in the
host country or return is in the best interests of the child, including local
responses to returnees
• Description of stakeholders (in host country)/possible audiences
o Immigration and asylum authorities (decision-makers)
o Legal advisors (lawyers and relevant NGOs)
o Judges
o Guardians
o Social workers
• Describing different groups of children on the move to the EU (all persons under the age of
18)
• Explanation of structure of the Child notice including an introduction to the UNCRC and other
relevant international conventions/guidelines.
List of organizations /contact persons (as an appendix at the end of the report)
[Questions in italics might be answered by a Yes or No]
1. Demographic information/statistical data on children
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total number of children disaggregated by age, gender and region
percentages in relation to the total population
existence of ethnic, religious, linguistic minorities or indigenous groups and number of
children belonging to these groups
2. Basic legal information
- Which conventions (and protocols) on children’s rights and human rights have been signed,
adopted and ratified, including Private Law (i.e. Haque Conventions) ? Have any key
reservation(s) been made?
- Is a Children’s Code or national strategy/plan on children and youth in place?
- Is specific budget allocated to implement the national strategy or plan?
- Is there a coordinating governmental body on children’s issues and children’s rights? Which?
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Is there an independent national human rights institution such as an ombudsman, including
specifically for children?
Are there relevant non-governmental organizations/civil society such as child rights
coalitions?
Is there legislation and policy protecting children in the legal system (justice for children)?
What?
Is there a widespread birth registration process in place in the country?
What is the legal age of majority?
At what age is a child considered legally competent and in which field of law?
Can a child receive an independent travel and /or identity document? If so, from what age?
Can a child request these documents independently or is consent and / or supervision by an
adult necessary?
What is the age to vote?
What is the age for deprivation of liberty (including juvenile justice, immigration, education
and welfare institutions)?
3. General principles
3.1. Non-discrimination
- Are rights recognized in law for all children without discrimination?
- Are there any differences between girls and boys in law and policies?
- Are there reports/evidence about state authorities or others discriminating against certain
groups of children? If so, what is the situation they face?
- Is there information available on the extent to which children of certain ethnical, religious,
linguistic or indigenous minorities are able to develop themselves (concerning culture,
religion and language)?
- Are children of ethnic, religious, linguistic or indigenous minorities able to receive (partly)
education in their own language?
- Do children of ethnic, religious, linguistic or indigenous minorities have equal access to the
health system? If not, how come?
- Can children of ethnic, religious, linguistic or indigenous minorities be heard in any
proceedings affecting them?
3.2. Best interests of the child
- Is the principle of the best interests of the child reflected in the Constitution or other relevant
legislation? How?
- Are the best interests of the child central in the decision-making with regards to the child and
how, and is the child in anyway involved in the decision-making process?
3.3. Right to life and development
- Is the right to life, survival and development of the child embedded in national legislation?
- What are the birth and death rates for children?
- Are deaths of children (including homicides) investigated and reported?
- Is the rate of teenage pregnancies recorded and reported? Numbers.
- Is the rate of teenage suicide recorded and reported? Numbers.
- Do children face specific severe risks due to the fact they are children and do they have to
fear for their lives?
- Are there reports on harmful traditional practices affecting children based on tradition,
culture, religion and superstition and are they affecting girls and boys differently (e.g. FGM,
forced/underage child marriages, witchcraft accusations, ritual/honour killings,..)?
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4.
Are there reports available on the level and prevalence of gang violence and its impact on
children and adolescents?
Are the homicide rates concerning children analyzed by age and by groups?
What cultural, social, or traditional norms and practices or policies affecting children prevail
in the country?
Civil rights and freedom
- Is freedom of expression, freedom of thought, conscience and religion and freedom of
association and peaceful assembly available for all children without discrimination? If not,
explain.
- Are children able to express themselves freely (without any risks) in practice?
- Do children have access to adequate information, through books, television, internet?
- Do children have access to appropriate (legal) advice?
- Do children have access to independent complaints procedures?
- Are children protected by law against interference with their privacy?
- Are children protected by law against torture, or other cruel, inhuman or degrading
treatment or punishment? Are there known cases of children (how many, in which region,
what age, sex) that have been subjected to torture or other cruel, inhuman or degrading
treatment or punishment?
- Is there evidence of harassment, intimidation, detention or threats against children because
of their affiliation with parents/relatives that hold a certain political opinion, or because of
their membership in a particular (social) group?
5. Family environment and alternative care
- Is there legislation and policy protecting disadvantaged and vulnerable groups of children?
- Is legislation in place protecting children from physical and mental violence and abuse (in the
family, in alternative care and institutions)?
- Are there children’s hotlines or other services so that they can report any abuses?
- Is the hotline operated by an independent entity or a service provided by the State?
- Is legislation in place regulating adoption and fostering?
- Is legislation in place prohibiting and criminalizing the abduction and the sale of children?
- Is legislation in line with international standards?
- Is it enforced in practice?
- Is there a legal definition of parental responsibilities, duties and rights? How is this defined?
- Are there specific groups of children in need of child protection?
- Do children born outside marriage have the same rights as other children?
- Are child protection/social services available, by whom (state/non-state) and what
assistance do they provide?
- Are child protection/social services available and accessible in all regions of the country? Are
there any regional and rural/urban differences? How many social workers are there?
- Do all groups of children and their families have equal access to social services/child
protection services?
- How are social services financed?
- Does a national policy exist on the provision of alternative care for children, in line with
international standards? Is the policy implemented?
- Are family homes, shelters or other forms of alternative care available in all regions of the
country and accessible for all children in need? Please specify which form of alternative care.
Is a periodic review done and by whom?
- Is staff working in the family homes/shelters/other forms of alternative care qualified
(received appropriate education/training)?
- How are family homes, shelters and other forms of alternative care financed (private,
public)? Are finances an obstacle for access to the shelters?
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Are children placed in institutions only when necessary and suitable?
Is there an explicit prohibition of corporal punishment as a disciplinary measure in alternative
care institutions?
Is a support system in place for families in need?
Is a foster care system in place in all regions of the country and is a periodic review done of
the system and the families/communities involved?
Is the child protection system adequate in terms of quality, capacity and monitoring, in
accordance with the international norms and standards on child protection and alternative
care for children?
6. Special protection measures
6.0. Children of minorities and indigenous people (cfr. Art. 30 UNCRC)
(see 3.1)
6.1. Children in conflict with the law
- What is the age of criminal responsibility?
- Is capital punishment and life imprisonment prohibited below the age of 18? If not, have
capital punishment and life imprisonment been implemented for children or can children be
sentenced to death but the sentence is only implemented after the child turns 18?
- Is a specialized juvenile justice system in place?
- Do all children, in conflict with the law, have equal access to legal advice?
- Is legal advice and the provision of legal representation accorded to all children accused of a
crime? To children witnesses and victims?
- Do all children have equal access to the juvenile justice system?
- How many children are in detention? For what reason? Are these children separated from
incarcerated adults? Are children of different genders accommodated/detained separately?
- Are any alternatives to detention (e.g. community services for older children) considered for
petty crimes for example?
- Are specific groups of children overrepresented in the juvenile justice system? If so, which?
- Are rehabilitation or aftercare services available for children after their sentence?
- Are children who have served their sentence subject to discrimination? In what way?
6.2. Children of refugees and internally displaced people
- How many child-refugees and IDP’s are in the country? How many are living in refugee or IDP
camps?
- What measures are taken to protect IDP children (and their families) who are fleeing within
their
own country?
- Do children in refugee and IDP camps receive education? If so, do they have access to the
national education system or are they receiving education in the refugee/IDP camp?
- Are children (and their families) protected against violence and abuse in the refugee camps?
How?
- Do children (and their families) have access to safe water, food and healthcare in the refugee
and IDP camps?
6.3. Orphans, unaccompanied and separated children
- Who and where – in the country of origin - takes care of unaccompanied children?
- Are there figures available of the number of orphans, unaccompanied and separated
children, and of the number of these children in alternative care services?
- Is family tracing available and through what means?
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Is family reunification possible and how is the prospect of family reunification assessed and
by whom, in terms of whether it is in the best interests of the child?
Are counseling or mediation services available to assist children in re-establishing contact
with their family? By whom?
6.4. Victims of child trafficking
- Did the country ratify the optional protocol on the sale of children, child prostitution and child
pornography?
- Did the country ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
especially Women and Children?
- Is human trafficking illegal by national law and are perpetrators prosecuted? Are witnesses in
criminal proceedings by national law protected against offenders?
- Are children protected by national law and policy against sale, trafficking and exploitation?
How is this done in practice?
- Are there procedures to identify and/or protect child victims of trafficking?
- Are there reports on child trafficking? How many children are victims of human trafficking
(disaggregated by sex)? Are identified victims of child trafficking registered?
- Which types of exploitation do victims of child trafficking face?
- Are there reports of authorities’ interventions against child trafficking (prevention)?
- Are there reports on possible complicity of parents, other family members or caregivers in
arranging or consenting to the trafficking?
- Are there reports of child victims of trafficking being placed in debt bondage?
- Is care and assistance available for victims of child trafficking? What kind of care and
assistance is available?
- Who is the authority/unit/department in charge of protecting child victims of trafficking?
- Can you give a description of patterns relating to the exploitation and trafficking of children
in the country of origin?
6.5 Children in armed conflict
- Did the country ratify the optional protocol on the involvement of children in armed conflict?
- What is the legal age of (forced and voluntary) recruitment in the armed forces?
- Are there reports about the involvement of children in armed conflicts (regional/national)?
On under-age recruitment for fighting? On the recruitment of children for sexual services or
forced marriage with the military? On other forms of direct or indirect participation in
hostilities?
- In what way are children recruited and by which group?
- Who are the recruiters? Are they state or non-state actors?
- Does the state have a policy in place to prevent and counter recruitment?
- To what extent do children associated with armed forces and armed groups have the
opportunity to end their activities as a child soldier?
- Is there all appropriate assistance, guidance and counseling available for ex-child soldiers, for
their physical and psychological recovery and social reintegration?
- Are (former) child soldiers prosecuted? If so, are the circumstances, level of development
and the age of the child taken into consideration?
- Within the framework of the UN Security Council resolutions on children and armed conflict
has an action plan be signed by the government or non-state entity to end recruitment and
use of children?
6.6 FGM/C
- Is national legislation and policy in place prohibiting the use of FGM?
- Does the state take measures to prevent FGM? Are other organizations (such as NGOs)
involved in combatting FGM?
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Are persons involved in the practice of FGM legally prosecuted?
Is FGM a (widespread) phenomenon in the country of origin?
Is data available on the number of girls who have been the victim of FGM? If possible,
disaggregated by age and region?
In what regions is FGM practiced and in which cultural/ethnic/religious groups is it reported
to have occured?
Which type of FGM is applied?
At what age does FGM take place?
Does FGM re-occur after women have given birth or for other reasons?
Can girls refuse FGM?
Can parents refuse FGM for their daughters? If so, are there any possible consequences for
the daughters and parents?
Are there reports of girls/women who face discrimination and loss of social status because
they have not been circumcised?
If so, how does this manifest in their daily life?
Can parents who oppose FGM effectively protect their daughters when returned?
6.7 Forced and underage/child marriage
- Is their legislation and policy protecting children from forced and underage/child marriage?
- What is the legal age of marriage? Is it different for girls and boys?
- What is the age of sexual consent?
- Does the state take preventive measures against forced and underage/child marriage? What
kind?
- Are there reports of children (girls, boys) being forced to marry? Is this a regional (which
regions, or among which ethnic or religious groups) or a national phenomenon?
- Is data available on the number of children (girls and boys) being forced to marry or being
married before the age of 18?
6.8 Domestic violence
- Is there legislation and policy protecting children from child abuse?
- Are there reports on domestic violence against children (e.g. battery, sexual or other physical
abuse in the household, incest, violence/crimes committed against children in the name of
honour, psychological abuse, etc)?
- Are there national provisions referring to domestic violence? Are they enforced?
6.9 Child labour and other forms of exploitation
Is there legislation and policy protecting children from child labour?
Are there reports on child labour and slavery?
Are there reports on debt bondage and other forms of forced labour?
What is the legal working age?
Is child prostitution prohibited by law? What happens to children who are of have been
involved in prostitution?
- Are there reports on the use of children in prostitution or pornography, or on the use of
children in illicit activities such as drug trading?
- Is a child’s full development and education inhibited by the kind of labour performed? Is the
labour likely to harm the health, safety or morals of a child?
6.10 Street children
- Are there reports of street children being harassed, ill-treated and/or arrested by police or
other state agents (or others) and on the treatment they receive upon and after arrest?
- Are street children in danger of forced recruitment in armed forces (regular or non-state)?
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Are there any shelters for them? Are there any organizations involved in the protection of
street children?
7. Basic rights (health/water/food/education)
Food, water, housing
- Are there any reports on the denial of food, water and housing to (certain groups of)
children?
Health
- Are there reports on the accessibility and quality of basic and specialist health care for
children?
- Do disabled children receive special attention, assistance and care, in order to let
them lead a life as self-reliant as possible and where they can participate actively in the
community?
Education
- What is the legal age to start with school? Up to what age does compulsory education apply?
- Is primary education free for all children?
- What are the enrollment rates, disaggregated by gender, age and regions?
- Are educational facilities available and accessible, in all parts of the country?
- Do all children, e.g. girls and boys, rural/urban, children from minorities, children with
disabilities, immigrant and refugees, unaccompanied and separated children, IDP children
and children in detention, … have equal access to education under law and in practice?
8.
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Conditions for Return
Are children and their families allowed to settle where they would like upon return?
Have children been victims of security incidents upon return? Give examples if possible.
Are returnees ever detained for illegal emigration? Give examples if possible.
Are there reports or evidence of discrimination of returned children and their families? By
whom and how?
Does the state or non state actors provide for special reintegration programmes for children
and their families upon return after a long stay outside the country? What do these
programmes provide and for how long?
Is there any monitoring mechanism in relation to return?
Are there reports on returned children who have no access to school or drop-out of school
because of problems with language, absence of appropriate documentation, etc?
Are there reports on returned children who have no access to health, including mental health
and rehabilitation?
Are there mechanisms in place to ensure that children returning have all necessary
documentation (identity, citizenship, education and medical records)?
Project details
UNICEF Project Better information for durable solutions and protection; Child Notices 2013-2015
UNICEF Netherlands/UNICEF Belgium/UNICEF Sweden, UNHCR (advisor partner), UNICEF Brussels
Office (advisor partner)
Contact project coordinator: Majorie Kaandorp: mkaandorp@unicef.nl, + 31 70 3339328, + 31 6
20032263
Funded by the European Return Fund (European Commission)
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