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on Training Needs Assessment of the National Institutions for the Human Rights Protection and Promotion

September 2015

REPORT

GENERAL REPORTon Training Needs Assessment of the National Institutions for Human Rights Protection and Promotion

General Report

on Training Needs Assessment of the National Institutions for the Human Rights Protection and Promotion

Consultant team:

Brighidin Andrei

Bursuc Oleg

Doicov Ecaterina

Levința-Perciun Elena

Copyright © UNDP Moldova

The European Union consists of 27 Member States that have decided to join gradually their forces, resources and destines. During a 50-year expansion period, they have created a zone of stability, democracy and sustainable development, at the same time, maintaining the cultural diversity, tolerance and individual freedoms. The European Union is committed to share its achievements and values with countries and people outside its borders.

The United Nations Development Program works with people at all levels of society to build a country that is resilient to crises and to guide and support development that contributes to the enhancement of every person’s life. Being present in 177 countries and territories, we offer a global perspective and local solutions to empower people and to build resilient countries. Visit: www.undp.org and www.undp.md

The study was carried out with the financial support of Strengthening Technical Capacities of the National Institutions for the Human Rights Protection and Promotion Project, funded by the Danish Government and implemented by the United Nations Development Programme. The opinions expressed in this study does not reflect the views of the European Union or the United Nations nor the United Nations Development Programme.

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Strengthening Technical Capacities of the National Institutions for Human Rights Protection and Promotion Project, UNDP-Moldova

http://www.undp.md/

http://www.undp.org/


TABLE OF CONTENTS

EXECUTIVE SUMMARY.........................................................................................................................5

INTRODUCTION..................................................................................................................................10

METHODOLOGICAL ASPECTS..............................................................................................................15

GENERAL INFORMATION ON QUESTIONED EMPLOYEES.....................................................................19

FINDINGS AND GENERAL CONCLUSIONS.............................................................................................22

SPECIFIC FINDINGS AND CONCLUSIONS..............................................................................................27

STRATEGIC AND OPERATIONAL RECOMMENDATIONS........................................................................32

GENERAL RECOMMENDATIONS......................................................................................................................32RECOMMENDATIONS ON THE VISIONS, STRUCTURE AND METHODOLOGY OF THE TRAINING PROGRAMME..................32RECOMMENDATIONS FOR THE UNDP MOLDOVA PROJECT.................................................................................34

PROFESSIONAL SKILLS DEVELOPMENT PROGRAMME CONCEPT FROM THE PERSPECTIVE OF HUMAN RIGHTS...............................................................................................................................................38

ANNEXES............................................................................................................................................51

Annex N1: Training needs assessment methodology

Annex N2: Training needs data generalisation

Annex N3: Reports on TNA for each public institution/authority

3.1. Office of the People’s Advocate

3.2. Independent Service for Defending the Rights of Patients in Psychiatric Hospitals

3.3. Council on the Prevention and Elimination of Discrimination and Ensuring Equality

3.4. National Council for State Guaranteed Legal Aid

3.5. Independent Mechanism for Monitoring the Implementation of the UN Convention on the Rights of Persons with Disabilities

3.6. National Anticorruption Centre

3.7. Constitutional Court

3.8. Parliamentary Commission on Human Rights

3.9. Ministry for Labour, Social Protection and Family

3.10. Ministry of Health

3.11. Ministry of Education

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Glossary of terms

Institutional capacitiesInternal management systems, policies and procedures of an organisation, including professional capacities/skills of the employees.

Professional competenceKnowledge, skills and abilities necessary to perform efficiently duties/tasks.

Managerial competenceKnowledge, skills and abilities necessary to perform efficiently the duties/tasks of a manager.

Training needsThe gap between the necessary level of professional competence (current or future) and current competence of an employee.

IdentificationFinding out if there are any gaps in professional competence (knowledge, skills, attitudes/behaviours) and define the needs.

EvaluationDetermining the size of a professional competence gap and the impact it may bring on activities.

Training needs assessmentComparing the level of professional competence of the employee to the level of expertise necessary to efficiently perform the professional duties.

Institutional capacity assessment

Assessing the internal environment to establish the difference between the existing and required capacities to register the most optimal organisational/institutional performance.

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Executive Summary

I. The General Report on Training Needs Assessment (hereinafter referred to General Report) aims to identify and describe core professional competences necessary to be developed during training courses for the staff engaged in tasks related to prevention of human rights violation, human rights protection and promotion. The participants have been selected from 11 national institutions that are covered by the UNDP project „Strengthening Technical Capacities of the National Institutions for Human Rights Protection and Promotion”, as follows:

People’s Advocate Office, Independent Service for Defending the Rights of Patients in Psychiatric Hospitals, Council on the Prevention and Elimination of Discrimination and Ensuring Equality, National Council for State Guaranteed Legal Aid, Independent Mechanism for Monitoring the Implementation of the UN Convention on the Rights of Persons with Disabilities, National Anticorruption Centre, Constitutional Court, Parliamentary Commission on Human Rights, Ministry for Labour, Social Protection and Family, Ministry of Health, and Ministry of Education.

II. Based on the conclusions and recommendations provided in the General Report on Training Needs Assessment, the training provider selected by the UNDP Strengthening Technical Capacities of the National Institutions for Human Rights Protection and Promotion Project will develop the Curriculum of the Professional Competence Development Program from human rights perspective (hereinafter – Training Program). The Training Programme aims to contribute to capacity building of the respective public authorities/institutions, so they can perform efficiently their mission and functions from human rights perspective. This goal will be achieved by advancing the professional competences of the core staff performing directly the tasks related to the prevention of human rights violation and human rights protection and promotion.

III. The Training Needs Assessment Methodology consisted in developing, in a participatory way, the Generic Competence Matrix required for an efficient performance of tasks related to prevention of human rights violation and human rights protection and promotion within the targeted public authorities/national institutions. The Training Needs Assessment Questionnaire was drafted based on the Generic Competence Matrix and was used on a representative sample.

The Training Needs Assessment Questionnaire was used by 149 respondents, out of which 38 (24%) are employees with managerial positions and 111 (76%) are employees with executorial positions. The Training Needs Assessment Questionnaire was used on a representative sample, and namely: 67% of all managers (Heads of units) and 39% - executors from all units that have direct tasks related to prevention of human rights violation and human rights protection and/or promotion. 55% of the respondents have at least 5 years of experience in the field of human rights. 24% of respondents have never benefited from any training in the field of human rights.

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IV. Based on the results of the training needs assessment exercise, the following priority areas of intervention were identified (ranked based on needs and importance):

Organisational management to perform the mission/functions from human rights perspective – 3.851;

Professional competences on prevention of human rights violation – 3.72

Knowledge about the human rights system – 3,60

Professional competences on human rights promotion – 3.60

Professional competences on human rights protection – 3.54.

According to the respondents, the highest training needs refer to the development of managerial competences in the field of human rights-based approach to organisational management: strategic and operational planning, result oriented management, program management, human resources management, and transparency in decision-making process related to human rights.

In the field of prevention of human rights violation, the priority areas for competence development includes: public policy development from human rights perspective, public policy monitoring and evaluation, policy impact assessments from human rights perspective, national and international reporting on actions implemented in the field of human rights, international standards and recommendations implemented in the field of human rights, according to the scope of competences.

In the field of human rights promotion, the following priority areas of competence development are required: human rights awareness and legal empowerment of the population, communication with the mass-media, inter-sectorial and inter-institutional communication, communication with various national and international actors, and how to establish partnerships, including with the Civil Society Organisations (CSOs).

In the field of human rights protection, the following priority areas of competence development are required: complaints/requests/petitions management, defence mechanisms for different categories of beneficiaries/rights, identification of strategic causes and litigation, and systemic problem identification and assessment in the field of human rights.

In the area of the human rights system, the following priority areas of competence development are required: human rights-based approach, gender mainstreaming, principles of equality and non-discrimination, best practices and success stories of human rights observance, protection and promotion, and international standards in the field of human rights.

1 Here and hereinafter – from 5 maximum possible points.

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Based on individual discussions with the staff of targeted public authorities/institutions, one of the training priorities is personal capacity/skill development, including the leadership, interpersonal communication, presentation skills, time management, dispute settlement and teamwork.

V. Based on the findings, the following conclusions were drafted:

In order to fulfil their duties, all employees of the selected institutions require integrated knowledge about the human rights system, especially in the field of human rights protection and promotion and prevention of human rights violation. The fragmented knowledge, although extremely important in carrying out specific responsibilities, which is not based on a solid foundation of generic knowledge in the field of human rights, does not provide full and systemic understanding of human rights context, about how to consult with public authorities with regard to problem solving, policy drafting in the field of human rights.

The respondents from all public authorities/institutions believe that in order to carry out their mission and tasks, these institutions should develop their competences of human rights protection and promotion, using the human rights-based approach, best practices and international recommendations in the work-related area.

The managers from all public authorities/institutions have to assimilate modern managerial instruments/tools in order to improve the internal management of the institution.

The efficient internal transfer/management of knowledge should be established/developed in all public authorities/institutions.

The ministries have an increasing need to develop their capacities of public policy development from human rights perspective, non-discrimination and gender equality; policy/regulatory framework implementation monitoring and evaluation in the field of human rights; policy impact assessments from human rights perspective. The ministries have a growing need to enhance their abilities to report to international entities, based on performance indicators developed from human rights perspective.

The staff of selected public authorities/institutions has a growing need to develop their personal abilities when performing their daily duties, including: interpersonal communication, conflict management, mediation, problem solving, organisational management, time management, teamwork, personal leadership, decision-making, etc.

More specifically, the mandate of the Independent Service for Defending the Rights of Patients in Psychiatric Hospitals is exercised by only one person, the Ombudsman of Psychiatric Hospitals. This person requires institutional capacity building to be able to hire staff that would assist him/her at administrative, informational and methodological levels on the entire territory of the country. The staff will need to develop the professional competences in preventing human rights violation, human rights protection and promotion

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in a very specific area of institution’s activity, as well as their general abilities required to perform their duties.

According to the information provided by public authorities/institutions, basically their staff has never benefited from an integrated training course in the field of human rights. The training would allow them to obtain/advance their knowledge about prevention of human rights violation and human rights promotion and protection.

VI. For a better quality and use of international expertise, we recommend that the Training Programme is delivered by an international company that has relevant experience in competence development of the staff from human rights institutions, as well as experience in professional and personal capacity building necessary to perform efficiently the duties from the human rights perspective.

The international company will have a key role in developing the curricula for the Training Programme (goal, objectives, methodology, and design of every module/training session), as well as informational materials necessary in the training process.

The team of trainers should consist of professionals with international and national experience, who will work in every training module. This will add value to the training program, as it will transfer the international knowledge and best practices to the local team of trainers.

VII. The Curricula of the Training Programme shall be based on the findings, conclusions and recommendations provided in the Reports on Training Needs Assessment of each institution (see annexes 3.1-3.11 of the General Report), as well as on the Generic Competence Matrix developed within this assignment, which describes the knowledge and abilities required to be developed in the field of preventing human rights violations, human rights protection and promotion, as well as organisational management.

VIII. Taking into account the high level of discrepancy between the functions of public authorities/institutions, the Training Programme should be designed in a way to cover as much as possible the professional development needs of the staff in an exact and relevant way, taking into account the peculiarities of their activity. In this context, it is recommended to design a module-based Training Programme with both general/generic and specific content which will be relevant for a certain group of public authorities/ institutions. Hence, we suggest to divide 11 public authorities/institutions into three groups with similar role and functions/tasks in the field of human rights. The groups will include:

Group N1

The Office of the People’s Advocate/ Ombudsman, Council on the Prevention and Elimination of Discrimination and Ensuring Equality, the Independent Service for Defending the Rights of Patients in Psychiatric Hospitals, Independent Mechanism for Monitoring the Implementation of the UN Convention on the Rights of Persons with Disabilities

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Group N2 Ministry for Labour, Social Protection and Family, Ministry of Health, Ministry of Education

Group N3National Anticorruption Centre, Constitutional Court, Parliamentary Commission on Human Rights, National Council for State Guaranteed Legal Aid

The training methodology should be participatory based on the principle “learning by doing”, with a high practical element and many relevant examples related to the activities of the respective public authorities/institutions (or group of authorities).

IX. The General Report on Training Needs Assessment contains the Training Programme Concept that explains the goal, objectives, and recommended structure and format. According to the Concept, the Training Programme should contain 8 training modules. Some training modules will have identical structure and content for the participants from 3 training groups, while other modules will be adapted exclusively to the specific activities of the participants representing the group of institutions.

In order to ensure the sustainability of the Training Program, it is recommended to organise a Training of Trainers course for all participants in the Training Program. Afterwards, these participants will share the advanced knowledge with their colleagues in public authorities/institutions, from subordinated institutions, as well as could be engaged as trainers for the National Institute of Justice.

X. As for the role of the Coordinator of Training Programme (CTA in the Terms of Reference), it is recommended that this person has a managerial role, being responsible for planning, organisation and coordination of the training process, communication with the respective institutions, as well as offers all the informational and administrative support to the company selected to deliver the Training Programme. At the beginning, this person can be hired by the UNDP project, however, at the multiplication stage of the Training Programme – this person should be at the National Institute of Justice. We recommend that the Coordinator of Training Programme is a national expert.

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Introduction

The General Report on Training Needs Assessment was developed by the UNDP Strengthening Technical Capacities of the National Institutions for Human Rights Protection and Promotion Project implemented in Moldova.

Goal and Objectives

According to the Terms of Reference, the goal of this activity was to identify the training needs of the employees from 11 public authorities/institutions with function in the field of human rights protection and promotion (Part I), as well as to assess the institutional capacities of the National Institute of Justice (Part II).

The key objectives are:

Training needs assessment exercise carried out in 11 public authorities/institutions selected by the UNDP Project based on developed methodology;

Training needs assessment for the staff with human rights related duties, as well as to draft reports for each institution in part by formulating the findings, conclusions and recommendations;

Draft the General Report for the respective 11 public authorities/institutions by formulating the findings, conclusions, and strategic and operational recommendations, including the training programme concept;

Assess the institutional capacities of the National Institute of Justice, draft the report including findings, conclusions, and recommendations in the assessed fields, as well as providing suggestions on the Institutional Development Plan of the National Institute of Justice.

Background

The human rights and fundamental freedoms are powers of each individual in his/her interaction with the community and the State given by the national law and recognised by the international law. These are fundamental social values, which have the purpose to satisfy an essential human need and legitimate aspirations within economical-social, political, cultural, and historical context of each society.

The human rights protection - through legal transposition of these rights into legal provisions - has become an imperative for the Republic of Moldova, which after the declaration of its sovereignty and independence, has ratified numerous universal human rights agreements opening, thus, its way toward an international human rights protection system.

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The human rights situation in the Republic of Moldova has registered a remarkable evolution in the regulatory framework in the recent years; however, the effective protection of human rights is still a challenge that requires considerable efforts. Since the observance of human rights is an essential element and, at the same time, a key condition for sustainable development, the human rights issue has been in the world opinion, representing one of the most stringent concern of the Government. The National Human Rights Plan for 2011-2014 is the most appropriate policy document in Moldova. We would like to underline that according to the documents to which the Republic of Moldova has adhered to, Moldova should take into account the recommendations provided in the UN Universal Periodic Review mechanism and should report periodically on the progress registered in the fields of human rights protection, promotion and prevention of human rights violation.

To ensure the implementation of the regulatory framework in the field of human rights and of international recommendations, there were established/reorganised institutions specialised in human rights protection and promotion in Moldova: the Office of the People’s Advocate/Ombudsman, National Council for State Guaranteed Legal Aid, Council on the Prevention and Elimination of Discrimination and Ensuring Equality, Independent Mechanism for Monitoring the Implementation of the UN Convention on the Rights of Persons with Disabilities, and the Independent Service for Defending the Rights of Patients in Psychiatric Hospitals.

In order to ensure the observance of human rights principles, these should be incorporated in all fields of social life: health, education, governance, catering, employment and labour relations, social and economic safety, etc. The directives to achieve the Millennium Development Goals and Millennium Declaration are relevant in this context.

The observance of human rights principles is both the State’s prerogative by strengthening the capacitates of institutions with a mandate in this field (so-called ”duty bearers”), and develop the legal empowerment of citizens in the field of human rights (so-called ”rights holders”). The human rights-based approach serves as a model for human rights principle incorporation in all sectors and programmes implemented by the institutions authorised in this field.

Public authorities/national institutions in the field of human rights protection and promotion selected by the UNDP Project in Moldova

Many public authorities/institutions with duties related to the prevention of human rights violation, human rights protection and promotion are active in the Republic of Moldova. The UNDP Project has selected 11 public authorities/institutions:

No. Name of public authority/institution Human rights-related functions/duties

1. Office of the People’s Advocate/ Contribute to the defence of human rights and freedoms by providing organizational, legal, informative and technical

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Ombudsman assistance to the Ombudsman to assist him/her in fulfilling his/her duties related to: observance of human rights and freedoms by public authorities, organisations and enterprises, irrespective of their legal status and type, non-commercial organisations and by the persons with high positions at all levels.

2. Council on the Prevention and Elimination of Discrimination and Ensuring Equality

Promote equal opportunities and combat any exclusion, restriction or preference in human rights and freedoms or groups of persons based on criteria protected by the law through prevention, protection, monitoring, investigation, consultancy, and advocacy actions and public policies. To defend by all legal means the rights of people who were discriminated in their human rights and carry out all necessary actions to prevent such infringements.

3. National Council for State Guaranteed Legal Aid

Protect the right to a fair trial set forth in Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, including to ensure free and equal access of all people to state guaranteed legal aid, as well as to reduce the economic and financial burdens in the access to justice.

4. Independent Service for Defending the Rights of Patients in Psychiatric Hospitals

Supervise and control over the observance of human rights in the public medical institutions that provide psychiatric medical assistance under the subordination of the Ministry of Health and neuro-psychological institutions under the subordination of the Ministry of Labour, Social Protection and Family.

5. Independent Mechanism for Monitoring the Implementation of the UN Convention on the Rights of Persons with Disabilities

Promote and protect the rights of people with disabilities, promote social inclusion and their spiritual fulfilment via lobby actions, advocacy and development programmes. This mechanism is implemented by the Legal Assistance Centre for Persons with Disabilities (CAJPD).

6. National Anticorruption Centre Prevent and fight corruption, corruption-related actions and corruption-related behaviour.

7. Constitutional Court Represent an independent constitutional entity of the State. The main function of the Constitutional Court is constitutional supervision of regulatory acts and to repel the legal norms that contravene with the Constitution, as well as to interpret the Constitution.

8. Parliamentary Commission on Human Rights

Ensure human rights observance in draft laws subject to Parliamentary adoption.

9. Ministry of Labour, Social protection and Family

Develop public policies in the area of social protection and safety from human rights perspective, monitoring and

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evaluation of public policies developed from human rights perspective, report on international recommendations implemented in its field of competence.

10. Ministry of Health Develop public policies in the field of public health from human rights perspective, monitoring and evaluation of developed public policies from human rights perspective, report on international recommendations implemented in its field of competence.

11. Ministry of Education Develop public policies in the field of education from human rights perspective, monitoring and evaluation of developed public policies from human rights perspective, report on international recommendations implemented in its field of competence.

The information about the staff engaged in tasks related to the prevention of human rights violation, human rights protection and promotion is provided in the Table below:

No. Name of public authority/institution

Categories of staff with duties (functions) in the field of human

rights

Management Enforcement

1.Office of the People’s Advocate/ Ombudsman

6 18

2.Council on the Prevention and Elimination of Discrimination and Ensuring Equality 2 9

3.National Council for State Guaranteed Legal Aid

5 24

4.Independent Service for Defending the Rights of Patients in Psychiatric Hospitals 1 0

5.Independent Mechanism for Monitoring the Implementation of the UN Convention on the Rights of Persons with Disabilities

3 8

6.National Anticorruption Centre

15 150

7.Constitutional Court

4 8

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8.Parliamentary Commission on Human Rights

0 4

9.Ministry of Labour, Social protection and Family

12 44

10.Ministry of Health

4 14

11.Ministry of Education

5 27

TOTAL: 57 306

In 2012 – 2014, the most training courses in the field of human rights 2 were delivered to the Office of the People’s Advocate/Ombudsman, Council on the Prevention and Elimination of Discrimination and Ensuring Equality and the Independent Mechanism for Monitoring the Implementation of the UN Convention on the Rights of Persons with Disabilities. However, the staff of these public authorities/institutions has not benefited from an integrated training course in the field of human rights. This also refers to the new employees.

As for the participation in more general training courses such as, general management, programme/project management, result based management, institutional communication, etc., according to the information provided by the human resources subdivisions, the participation level was very low.

2 Details in Annexes 3.1-3.11 to General Report.

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Methodological Aspects

The training needs assessment exercise for the staff of the public authorities/national institutions selected by the UNDP with tasks related to the prevention of human rights violation, human rights protection and promotion was carried out in accordance with the Training Needs Assessment Methodology, developed by a group of consultants of the UNDP Project (Annex N1).

Based on the developed Methodology, the applied research/analysis tools included:

Generic Competence Matrix ;

Training Needs Assessment Questionnaire.

Generic Competence Matrix

The Generic Competence Matrix describes generic professional competences necessary to perform efficiently the mission and functions of public authorities/institutions from human rights perspective : 1) General knowledge in field of human rights; 2) Professional competence related to human rights violation prevention; 3) Professional competence related to human rights protection; 4) Professional competence related to human rights promotion; 5) Professional competence related to human rights activities management.

The Generic Competence Matrix was piloted in two institutions: Office of the People’s Advocate/Ombudsman and the Council on the Prevention and Elimination of Discrimination and Ensuring Equality. After piloting, the Generic Competence Matrix was amended and finalized. The Training Needs Assessment Questionnaire was developed based on the Generic Competence Matrix .

Training Needs Assessment Questionnaire

The Training Needs Assessment Questionnaire includes general data on respondents; information on human rights training courses attended by the respondents; importance and needs assessment in advancing the knowledge in the field of human rights; assessment of importance in the working environment and needs assessment to develop the competences in such fields as prevention of human rights violation, human rights protection and promotion; managerial competences necessary to perform efficiently the mission and functions of public authorities/institutions from the perspective of human rights, in their field of competences.

The Generic Competence Matrix and the Training Needs Assessment Questionnaire are enclosed to the Training Needs Assessment Methodology.

Research/analysis methods used

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The following research methods were used in the needs assessment exercise for the staff of the public authorities/institutions:

Relevant data/information collected from different sources, including documents provided by the institution;

Focus-groups on filling in the Generic Competence Matrix ;

Interviews/individual discussions;

Discussions with the representatives of human resources subdivision on the collection of different data about the staff;

Filling in the Training Needs Assessment Questionnaire by the target group.

Thirteen focus groups with 47 participants were conducted in July-August 2015, which discussed the structure and context of the Generic Competence Matrix.

The Training Needs Assessment Questionnaire was filled in by 149 persons or 48% of the total number of people who work in the relevant functional subdivisions in the selected institutions. Out of 149 questionnaires, 38 (67%) were filled in by employees with managerial jobs and 111 (39%) – by executors, as it follows:

Public authorities/institutions

Managers Executors

Currently employed

Answered to questionnaires

Currently employed


Office of the People’s Advocate 6 5 18 15

Council on the Prevention and Elimination of Discrimination and Ensuring Equality

2 2 9 7

National Council for State Guaranteed Legal Aid

5 3 24 14

Independent Service for Defending the Rights of Patients in Psychiatric Hospitals

1 1 0 0

National Anticorruption Centre 15 7 150 29

Constitutional Court 4 2 8 4

Parliamentary Commission on Human Rights

0 0 4 3

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Public authorities/institutions

Managers Executors

Currently employed


Currently employed


Independent Mechanism for Monitoring the Implementation of the UN Convention on the Rights of Persons with Disabilities

3 3 8 8

Ministry of Labour, Social protection and Family

12 10 23 16

Ministry of Health 4 3 14 9

Ministry of Education 5 2 27 6

TOTAL: 57 38 (67%) 285 111 (39%)

Difficulties encountered during the TNA exercise

The following functional and organisational difficulties were encountered during the training needs assessment exercise of the staff with duties related to prevention of human rights violation, human rights protection and promotion :

- In some training courses, the Training Needs Assessment Questionnaire was filled in by a small/insignificant number of persons (especially Ministry of Education), due to summer holidays/annual leaves;

- The Training Needs Assessment Questionnaire was filled in by a small number of employees from target subdivisions, because they do not consider they need general training in the field of human rights, but they think they would rather have training related to specific activities of the institution they work at. Some persons refused to fill in the questionnaire without giving any reason;

- Filling in the Training Needs Assessment Questionnaires took more time than expected, because the period of TAN exercise coincided with the period of the new Government formation, which means that the staff of the ministries was engaged in urgent and multiple tasks;

- The Regulation of the Office of the People’s Advocate/Ombudsman has not been developed at the moment of the training needs assessment. The Regulation was voted in the Parliament, but has not been published yet. This probably influenced to some extent the results of the

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questionnaires, because the heads of subdivisions and executors filled in the questionnaires based on training needs self-assessment from the point of view of the position held at that moment, but not in future perspective;

- Lack of access to some public information or documents of some relevant institutions (structure, data about the number of positions/employees, regulations on organisation and functioning, etc.), the reason being their amendment/modification or data confidentiality.

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General Information on Questioned Employees

The Training Needs Assessment Questionnaire was filled in by 149 persons from 11 relevant institutions, performing tasks related to prevention of human rights violation, human rights protection and promotion; where 38 (26%) of respondents were managers and 111 (74%) – executors.

We present below the classification of respondents by gender and category of personnel in per cent.

Figure no. 1: Distribution by gender Figure no.2: Distribution by category of personnel

62%

38%

Masculin Feminin

26%

74%

Conducere Execuție

Figure no.3 shows the distribution of scores by types of duties and activities related to human rights protection and promotion, and prevention of human rights violation.

Figure no.3: Distribution of scores, type of duties

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The duties and functions of the questioned employees from relevant public authorities/institutions are distributed almost proportionally related to prevention of human rights violation (47%), human rights protection (56%) and human rights promotion (59%).

59%

47%

56%

Promovarea DO Prevenirea încălcării DO Protecția DO

Figure No.4 provides data on the length of professional experience of respondents in the held positions.

Figure No.4: Distribution of scores, experience length

55% of the questioned staff has at least 5 years of professional experience in the field of human rights.

Pînă la 1 an 1-3 ani 3-5 ani 5-10 ani peste 10 ani

11%

21%

13%

27% 28%

Figure No.5 presents data on how frequently the respondents participate in different training courses in the field of human rights.

Figure No.5: Frequency of attending the HR training courses

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35% of questioned personnel participated only once or never in a training course in the field of human rights.

o dată 2-3 ori mai mult de 3 ori niciodată

11%

23%

42%

24%

Figure No. 6 shows the main topics discussed during the training courses attended by the respondents.

Figure No.6: Main training topics

DO: cunoștințe generale

Prevenirea încălcării DO

Protecția DO

Promovarea DO

Diseminarea bunelor practici

Elaborarea politicilor publice

40%

42%

33%

39%

19%

25%

The questioned persons took part in training courses almost in all key fields related to human rights and less in the dissemination of best practices in the field of human rights.

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For more details on general data on questioned personnel from 11 public authorities/institutions, see Annex N2.

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Findings and General Conclusions

The Republic of Moldova has undertook recently a number of reforms and actions meant to improve the situation in the field of human rights by developing/amending the regulatory framework, establishing new institutions meant to defend and protect the rights of certain categories of citizens or of people from risk groups. However, the implementation of provisions of regulatory framework in the field of human rights is still defective; on one hand, the authorised public authorities/institutions do not have institutional capacities, professional competence and efficient necessary instruments, on the other hand, the population is insufficiently informed and motivated to defend its interests and rights.

Institutional capacity and competence development of the staff from public authorities/institutions with duties related to human rights protection and promotion should become a priority in the human rights system development in the Republic of Moldova.

The mission and duties of public authorities/institutions from the perspective of human rights can be achieved if these have necessary institutional potential, and first of all, professional (competent) and motivated staff.

In this sense, one of the key issues identified in most public authorities/institutions is the high level of personnel turnover. This fact leads to the loss of competences developed in the institution: both of special competence necessary to perform special duties in the field of human rights and managerial competence necessary to implement the management in organisations and subdivisions through the human rights-based approach.

Another issue in functional subdivisions is the low level of occupancy related to human rights protection and promotion and prevention of human rights violation. There is an imposing number of vacancies for long periods of time, especially in the Ministry of Health.

According to information provided by the institutions, most of the staff in the public authority/institution has not benefited from any integrated training course in the field of human rights. The training would advance the knowledge about the human rights promotion, protection and prevention of human rights violation. This refers also to the new employees.

The findings and general conclusions about the institutions selected by the UNDP Project are presented below. These are classified into three groups by goal, content and specific nature of activity:

Group 1. Institutions specialised in human rights protection and promotion

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1) The Office of the People’s Advocate/ Ombudsman, 2) Council on the Prevention and Elimination of Discrimination and Ensuring Equality, 3) Independent Service for Defending the Rights of Patients in Psychiatric Hospitals, and 4) Independent Mechanism for Monitoring the Implementation of the UN Convention on the Rights of Persons with Disabilities

These public authorities/institutions have to achieve a number of specific commitments in the field of human rights protection, such as: to monitor how public authorities and private and state institutions implement the provisions of regulatory framework, international human rights principles and standards in the field of human rights observance; to propose projects to enhance the regulatory framework from human rights perspective; to ensure the access of vulnerable people to justice; to develop and implement different human rights protection mechanisms; and to enhance the legal empowerment of population in the field of human rights.

The most important findings and conclusions with regard to these institutions are:

Every employee of selected institutions with duties to promote, protect human rights and prevent the infringement of human rights has an absolute need of integrated knowledge about human rights system in order to perform his/her duties. Fragmented knowledge, even very important to perform specific duties, but which is not based strongly on generic knowledge about human rights, does not permit to understand integrally the human rights system, to consult the public authorities in problem settlement, to develop policies from human rights perspective.

Respondents from all institutions believe that to perform their mission and duties, these institutions need to develop their competence in the field of human rights protection and promotion based on good practices and international recommendations in their fields of activity.

All selected institutions claimed they need to develop their managerial and Professional competence necessary to carry out efficiently the mission/institution’s function/subdivision from the perspective of human rights.

The staff of selected institutions has an increased need for personal development, especially of the skills required to perform daily activities: organisational communication, inter-personal communication, conflict management, mediation, problem solving, organisational management, time management, teamwork, personal leadership, decision-making, etc.

All the institutions from this group need to enhance/improve their practical skills in efficient internal transfer of knowledge.

The mandate of the Independent Service for Defending the Rights of Patients in Psychiatric Hospitals is exercised by only one person, the Ombudsman of Psychiatric Hospitals. This person

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requires institutional capacity building to be able to hire staff that would assist him/her at administrative, informational and methodological levels. The staff will need to develop the competences in preventing human rights violation, human rights protection and promotion in a very specific area of institution’s activity, as well as their general abilities required to perform their duties.

As for the Independent Mechanism for Monitoring the Implementation of the UN Convention on the Rights of Persons with Disabilities implemented by the CAJPD - non-profit organisation with a good reputation in the field - the needs of the staff refer to professional development in the fields underlined in the good practices related to human rights. Another important reason for intervention is institutional and technical capacity development to produce positive changes for the group of beneficiaries.

Group 2. Special central public administration authorities

1) Ministry of Labour, Social Protection and Family, 2) Ministry of Health, 3) Ministry of Education.

According to Government Action Plan for 2015-2018, the Programme for Strategic Development of public authorities, national and inter-sectoral policies and other strategic policy documents sets forth a number of priority actions that need to be carried out by the ministries in the field of human rights protection, promotion and prevention of human rights violation in their field of competences.

The priority actions refer as well to the harmonization of national legislation with the communitarian/European legislation (except for the Ministry of Education), development/adjustment of national policy documents to international and/or European standards in the field of competences, implementation of recommendations given by the international organisations, as well as periodic reporting on achieved progress.

The most important findings and conclusions regarding these institutions are:

To achieve their strategic objectives and to undertake their functions, every employee of the ministries engaged in human rights protection, promotion and prevention of human rights violation requires integrated knowledge about human rights system and international/European standards in the fields of their competence. Fragmented knowledge, even the most important in achieving specific duties, but which are not based on a solid basis of generic knowledge in the field of human rights, does not permit to understand fully the situation of human rights, depending on the field of competences.

The ministries need to strengthen their public policy development abilities in the perspective of human rights-based approach, non-discrimination and gender equality mainstreaming; monitoring and evaluation of policy documents/regulatory framework implementation in the

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given area from human rights perspective; public policy impact assessments from the human rights perspective.

The ministries have an increased need to enhance the reporting skills to international organisations based on the performance indicators in the field, developed from human rights perspective.

The management of the ministries have an acute need to develop their managerial skills necessary to perform well the mission and tasks related to human rights observance, according to the field of competences.

The staff of selected institutions has an increased need to develop personal skills necessary in their daily activities. The most important personal skills are organisational communication, inter-personal communication, conflict management, time management, teamwork, personal leadership, and decision-making.

Group 3. Institutions with specific human rights functions

1) National Anticorruption Centre, 2) Constitutional Court, 3) Parliamentary Commission on Human Rights, 4) National Council for State Guaranteed Legal Aid.

These institutions have a more specific activity in the field of human rights. In this sense, the National Anticorruption Centre has the role to ensure human rights observance by preventing and fighting corruption, as well as to ensure human rights protection through its complaint/communication/notice management activity.

The Constitutional Court, based on its constitutional activity, has the role to oversee the constitutionality of laws, regulations and Parliamentary decisions, decrees of the President of the Republic of Moldova, Government decisions and provisions and observance of human rights; to develop comments to constitutional draft laws based on human rights and acquis communautaire, as well as to monitor the enforcement of Constitutional Court’s judgements on human rights, in accordance with the case-law of the Constitutional Court.

The role of the Parliamentary Commission on Human Rights is to develop and adopt reports on draft laws and legal suggestions examined from the human rights point of view, to organise parliamentary control of the adopted regulatory framework enforcement from the perspective of human rights.

The role of the National Council for State Guaranteed Legal Aid is to protect the right to a fair trial set forth in Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, including to ensure free and equal access of all persons to legal aid guaranteed by the State, as well as to reduce the economic and financial burdens in providing access to justice.

The most important findings and conclusions with regard to selected institutions are:

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To perform their human rights-related missions and functions, these institutions have to enhance their integrated knowledge about human rights system, human rights principles, international/European standards in their fields of competences.

These institutions must enhance their policy document development/examination skills (including draft laws/regulatory framework) via human rights-based approach, non-discrimination and gender equality mainstreaming; develop their managerial abilities necessary to perform well the human rights-related mission and tasks, according to their area of competences.

The selected institutions have an increased need to develop professional competences related to human rights promotion by developing and implementing different human rights promotion and awareness mechanisms, according to their area of competences.

The staff of selected institutions has the need to develop their general/personal abilities related to their daily activities at work. The most important professional/general skills are: organisational communication, inter-personal communication, conflict management, time management, teamwork, personal leadership, and decision-making.

The reports on training needs assessment for each institution in part are enclosed to the General Report on TNA (Annex N3).

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Specific Findings and Conclusions

Priorities regarding key Professional competence to be enhanced by relevant public authorities/institutions

Most respondents to the questionnaires believe that the Professional competence included in the Training Needs Assessment Questionnaire and referred to specific fields of activities are considered very important for their activities, and the knowledge about human rights system is considered the most important skill (2.713).

The Table below shows the average score obtained for `level of importance` and `need for development` in 5 professional areas of competence for 11 public authorities/institutions:

Area of competences Level of importance

Need for development

Knowledge of human rights system 2.71 3.70

Professional competence on preventing human rights violations 2.54 3.72

Professional competence on human rights protection 2.53 3.54

Professional competence on human rights promotion 2.47 3.60

Organisational/activity management 2.47 3.85

Based on the results obtained during the training needs assessment exercise, the following key intervention areas have been set in the field of human rights4:

1) Organisational management to perform the institution’s mission from human rights perspective (3.85)

2) Professional competence on preventing human rights violation (3.72)

3) General knowledge of human rights system (3.70)

4) Professional competence on human rights promotion (3.60)

5) Professional competence on human rights protection (3.54)

The key professional competences necessary to be developed in these 5 areas are:

Organisational management Programme management based on human rights-based approach (3.91)

3 The highest score for importance of professional competence on the job is 3 points.4 The highest score for developing professional competence is 5 points.

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to perform the mission/functions of the institution from human rights perspective (3.85)

Result-oriented management (3.96)

Strategic and operational planning (3.85)

Human resources management (3.79)

Transparency of the decision-making process in the field of human rights observance (3.72)

Professional competences on preventing human rights violation (3.72)

Monitoring and evaluation of policy documents and relevant regulatory acts enforcement from human rights perspective (3.92)

Provide the beneficiaries in the field of human rights with informational and methodological assistance (3.87)

Monitoring and evaluation of international standards implementation. Draft reports for international organisations. Working with alternative/shadow reports (3.75)

Draft public policies from human rights perspective (3.72)

Develop comments to draft laws/regulatory acts from human rights perspective (3.67)

Evaluate the impact of developed public policies from human rights perspective (3.60)

Knowledge of human rights system (3.70)

Best practices on human rights observance, protection and promotion (4.33)

National and international/regional institutions/mechanisms preoccupied with monitoring, promotion, prevention and protection of human rights (3.81)

Human rights-based approach, gender mainstreaming approach, equality and non-discrimination principle (3.70)

National regulatory framework and international/regional standards in the field of human rights (3.61)

Professional competences on human rights promotion (3.60)

Identification and dissemination of best practices/success stories (3.9)

Planning, organising and evaluation of human rights promotion and advocacy activities (3.8)

Human rights awareness campaigns to increase the awareness level and enhance legal empowerment of the population in the field of human

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rights (3.8)

Interaction and exchange of experience with national and international actors, including intersectoral actors (3.8)

Communication with the mass media. Presentation of human rights activities carried out by public authority/institution (3.8)

Professional competences on human rights protection (3.54)

Identify strategic causes and strategic litigation (3.70)

Examination of complaints/applications/petitions related to human rights abuses in accordance with the context and procedure, international principles and recommendations (3.64)

Monitoring the implementation of remedies formulated as a result of petition examination (3.63)

Identification and analysis of systemic problems in the field of human rights (3.63)

Develop and maintain a database on complaints/applications/petitions in the field of human rights (3.10)

In accordance with the results obtained during the training needs assessment exercise carried out in 11 public authorities/institutions selected by the UNDP Project, the following general findings and conclusions have been formulated:

To perform better their missions and functions from human rights perspective, the public authorities/institutions should strengthen their institutional capacities, first of all, the professional competence in their areas of activity from the perspective of human rights, as well they should develop their professional abilities so every employee becomes efficient on the job.

The institutions specialised in human rights protection and promotion have increased training needs in the following fields: human rights protection through an efficient complaint management and human rights promotion through different public awareness campaigns and legal empowerment of the population. The ministries have decided that the top priority is the field of preventing human rights violation though developing public policy documents from the perspective of human rights, in the areas of competences.

All relevant public authorities/institutions have a common stringent need – development of managerial skills necessary to efficiently fulfil the human rights protection duties of the institution. The topics suggested for this field are relevant both to heads of subdivisions and executors.

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The training needs gap discovered in the skills of the staff from 11 public authorities/institutions is explained by different human rights-related missions and activities. For instance, the priority of the ministries is competence development related to the prevention of human rights violation by drafting public policies from the perspective of human rights, while the institutions with direct human rights protection and promotion functions have decided that it is important to develop the professional competence through an efficient complaint/application management mechanism and also, they consider a priority, the development of professional competences on human rights promotion.

As for the Constitutional Court, the differences are very significant, because this institution has a different mission and namely, to enforce constitutional jurisdiction, and more than 54% of its activity consists of examining the complaints received.

Selected public authorities/institutions require assistance in developing their managerial skills, first of all, of heads of subdivisions in such fields as organisational management: strategic and operational planning, result oriented management, programme management, human resources management, transparency of decision-making process in human rights observance in their field of activity.

Selected public authorities/institutions require assistance in developing their professional competences on preventing human rights violation, and the following should be considered a priority: public policy development from the perspective of human rights, policy monitoring and evaluation, policy impact assessments from the perspective of human rights; national and international reporting on implementing human rights actions and international standards and recommendations, in accordance with the area of competences.

Selected public authorities/institutions require assistance in developing their professional competences on human rights promotion, and the following should be considered a priority: human rights awareness and legal empowerment of population, communication with the mass-media, inter-sectoral and inter-ministerial communication, communication with different national and international actors, partnership establishment, including with civil society organisations (CSOs).

Selected public authorities/institutions require assistance in developing their professional competence of human rights protection, and the following should be considered a priority: examination and investigation of complaints/applications/petitions, protection mechanisms for different categories of beneficiaries/rights, identification of strategic causes and litigation, identification and systemic problems analysis in the field of human rights.

Selected public authorities/institutions require assistance in developing their professional competence with regard to the human rights system, and the key knowledge required to be advanced/developed includes: human rights-based approach, gender mainstreaming approach,

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principle of equality and non-discrimination, best practices/success stories on human rights observance, protection and promotion, international human rights standards.

General and specific training suggestions

In individual and focus group discussions, the specialists from these institutions have mentioned that a useful training course should be drafted based on generic subjects regarding human rights system and should be practical and should include the examination of real cases, examples, and less theoretical lessons.

The training suggestions for specific topics/subjects, considered by respondents very important, have been included in the Training Needs Assessment Reports for each institution in part (Annexes 3.1 – 3.11 to General Report).

The general and common training courses appreciated as absolutely necessary for professional development by the respondents consist of:

Organisational communication;

Inter-personal communication;

Conflict management and mediation;

Problem solving;

Time management;

Teamwork;

Personal leadership;

Decision-making.

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Strategic and Operational Recommendations

General recommendations

1) The process of capacity building of the public authorities/institutions selected by this project engaged in human rights protection and promotion and preventing of human rights violations should be based on a systemic approach, which would include such activities as:

Develop/enhance internal work systems (internal management systems; clear and transparent policies; internal processes described in clear/standard procedures);

Develop managerial and professional competences of the managers, who should be able to manage the employees to obtain expected results and to boost necessary changes;

Develop professional competences of executors in different forms: training, coaching, mentoring, consulting.

2) In order to ensure the sustainability of the training programme, it is recommended to institutionalise it through the National Institute of Justice by engage the participants in the training course implemented within the UNDP Project as trainers.

To be able to engage the National Institute of Justice into the multiplication of Training Programme it is recommended to widen the area of competences by having the possibility to train the public officials from central public authorities, and independent authorities. The capacities of the National Institute of Justice will be built/consolidated to ensure the multiplication quality of the training programme.

3) To ensure the sustainability of training results, it is recommended to apply the provisions of Government Decision N201/2009, Annex 6, on the Written Commitment of the Civil Servant to work in civil service after attending training courses. This decision should be implemented unanimously by all public authorities/institutions selected by this project.

Recommendations on the Visions, Structure and Methodology of the Training Programme

4) To ensure a relevant level of consistency and homogenisation of training context for different categories of participants, the Training Programme Curriculum will be developed based on Generic Competence Matrix, which sets forth and describes different key competences (knowledge and skills) in the field of human rights system, preventing human rights violation, human rights protection and promotion, institution management. It is recommended that the Training Programme includes subjects/topics related to personal development.

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5) To ensure the relevance of advanced knowledge and enhanced skills, the Training Programme Curricula should set training objectives focused on different categories of personnel, taking into account the special activities of the public authority/institution of the participants. In this sense, it is recommended to structure the Training Programme in general training modules and special training modules.

In order to apply the recommendations formulated under para.5 and assuming the fact that public authorities/institutions selected by this Project are very inhomogeneous with regard to their mission and functions in the field of preventing human rights violation and human rights protection and promotion, it is recommended to group them as follows:

Group N1

The Office of the People’s Advocate/Ombudsman, Council on the Prevention and Elimination of Discrimination and Ensuring Equality, the Independent Service for Defending the Rights of Patients in Psychiatric Hospitals, Independent Mechanism for Monitoring the Implementation of the UN Convention on the Rights of Persons with Disabilities

Group N2Ministry for Labour, Social Protection and Family, Ministry of Health, Ministry of Education

Group N3National Anticorruption Centre, Constitutional Court, Parliamentary Commission on Human Rights, National Council for State Guaranteed Legal Aid

6) To ensure a greater impact of the Training Programme on the institutional capacity building process, it is recommended to organise Training of Trainers (ToT) or Trainer skills development course for all participants. The purpose of this module is to prepare the participants to become trainers, to enhance their capacities to disseminate the knowledge acquired and skills developed during the Training Programme, organised by the UNDP Project.

As a result, the trained persons will be able to activate as trainers of internal training for their colleagues from the public authority/institution and/or colleagues from institutions subordinated to public authorities/institutions and in training programmes organised by the National Institute of Justice. Upon the completion of the Integral Training Programme, the participants shall obtain minimal expertise necessary in all 3 areas: human rights protection, promotion and prevention of human rights violation.

The graduates of the Training Programme will be able to carry out training activities for the personnel from their institution and will be able to provide quality training as trainers within the National Institute of Justice in the fields they have studied. This will add value to the project in the capacity building of the National Institute of Justice.

7) In the context of the above mentioned, it is suggested to structure the Training Programme by modules in accordance with 8 training sections/areas identified by the UNDP expert team during

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the training needs assessment exercise. The modules will be structured in sessions, and when drafting the training sessions, the busy schedule of participants should be taken into account.

The Training Programme Concept which can serve as support for the UNDP Project in developing the Terms of Reference for the selection of training provider is enclosed as a component part to the General Report.

8) To enhance the institutional capacity building process to ensure its practical/pragmatic aspect, it is recommended to organise study tours to similar institutions from other countries to exchange experience in the area of preventing human rights violation, human rights protection and promotion. This action can be considered a motivation for the most active participants in training programme. In this sense, the Training Programme can include visits to national institutions specialised in human rights protection and promotion in order to approach some practical aspects and/or to intensify inter-institutional collaboration.

During the Training Programme implementation, it is recommended to create an online communication platform between the trainers-participants, participants-participants where they can find useful materials, thematic debates, as well as homework.

Moreover, the practical aspect of Training Programme should be ensured by using different modern, interactive training techniques and methods adapted to the specific nature of adult training and content and peculiarities of professional activities of the participants (real case studies, role plays, etc.).

Recommendations for the UNDP Moldova Project

9) To ensure the quality, efficiency and effectiveness of the activity related to capacity building of target institutions, the Training Programme Coordinator employed by the UNDP Project has to activate within the UNDP and National Institute of Justice during the multiplication phase of the training programme. The role of Training Programme Coordinator within this training project is to ensure training planning, organisation and coordination, communication with selected public authorities/institutions, as well as to provide all informational and administrative support to the selected team for good implementation of training project. The technical assistance can be provided by a local company or an assistant of the Training Programme Coordinator, funded by the UNDP. In addition, the Training Programme Coordinator will oversee the quality, will monitor different aspects of Training Programme development and implementation.

If the UNDP Project decides to contract an expert/trainer team, then the role of the Training Programme Coordinator will be more strategic and namely – he/she will be also responsible for the communication of the visions, curricula development and implementation methodology of the Training Programme by and together with the team of trainers.

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10) The UNDP Project has two options to implement the Training Programme: 1) Contract an international company, which is experienced in the area and has a multinational team (including local trainers) and 2) Contract local expert/trainers for each module of training in part.

Contracting an international company has the following advantages and disadvantages:

Advantages Disadvantages

The company has experience and provides the set of materials necessary for the human rights training

Uniform approach of the training process

International expertise in the best practices in the field of human rights

Higher prestige/status in front of participants

The UNDP has less time and logistics costs

Possible higher costs for the programme implementation than individual trainer approach (including written and oral translations)

Focus on international experience without any connection to the real situation in Moldova and national regulatory framework

Socio-cultural differences in approaching training subjects

The company may be more rigid in implementing changes, if necessary

Contracting a local trainers team may have the following advantages and disadvantages:

Advantages Disadvantages

The financial costs could be smaller than for contracting a company

The practical aspect of the training modules can be higher

Changes that appear along may be easily implemented by the trainers

Adjusting the training programme to the specific of public authorities can be easier

Less uniform approach

Lack or insufficient approach of the international expertise, best practices in the training areas

Additional time to organise, monitor and evaluate the activity of trainers

Lower prestige/status in front of the participants

11) The following requirements should be followed in the selection process of the company which would develop and implement the Training Programme:

Experience in developing and implementing training/capacity building programmes from the perspective of human rights and institutional capacities;

Experience in the field of human rights system, human rights-based approach, equality and non-discrimination principle;

Experience in the public/performance management in public sector;

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Working experience with public authorities/institutions preferably in Moldova or in other countries from the region;

Trainers team shall consist of 50/50 international and local trainers, who will work in a team of 2 in each training module.

The UNDP Project will request from the Training Programme implementation company/team two outputs which are very important for the continuity/sustainability of training programme – Trainer’s Manual and Participant’s Manual. The trainer’s manual is a guide for trainers who deliver training programme (including in perspective), which includes the detailed design of all training modules and sessions, with practical description of activities and questions for debriefing. The Participant’s Manual is assisting the participants in training programme, and includes informative materials, power point presentations, etc.

12) The specific training needs identified during the training needs assessment exercise can be satisfied within the financial support programme for the initiatives of selected public authorities/institutions, implemented by the UNDP Moldova Project.

Suggestions on how to organise the training process

13) Some modules/topics/subjects can be carried out/taught by national experts as resource people – employees of the Office of the People’s Advocate/ Ombudsman, Council on the Prevention and Elimination of Discrimination and Ensuring Equality etc.

14) The training group should include people with training skills who are motivated to become trainers of their colleagues from public authority they represent and/or colleagues from the subordinated institutions.

15) Training approach/algorithm/scheme:

2-6 persons will be delegated from each public authority/institution5 with at least 18 months of experience in preventing human rights violation, human rights protection and/or promotion as well as with trainer’s skills/potential/motivation.

The participants are divided into 3 groups of public authorities/institutions with similar tasks/functions in the area of preventing human rights violation, human rights protection and promotion.

The participants will go through all modules of 8 training sections/areas. The modules from sections #1, #2, #6, #7, #8 have the same structure, format and content. Modules from

5 The number of delegated persons should take into account the total number of employees of the subdivisions with tasks in preventing human rights violation, human rights protection and promotion.

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sections #3, #4, #5 shall be adapted to the specific activities of public authorities/institutions, systematized in 3 groups.

16) A (simple) assessment of current knowledge is recommended before the beginning of the training and an assessment of the knowledge acquired upon the finalisation of Training Programme to be able to measure the immediate impact of the training.

17) At the end of Training Programme, the participants who attended at least 80% of modules and accomplished tasks given by the trainer will receive Certificates of Participation from the international company.

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Professional skills development Programme Concept from the Perspective of Human Rights

The Training Programme Concept for the staff of 11 national human rights institutions may be accepted as basis by the UNDP Project in developing the Terms of References for the selection of the company that will provide the training services, and can be considered as system of reference to examine the technical offers received.

For the purpose of this document, the Training Programme consists of the training goal and objectives for the selected category of participants, length, content of training – a detailed list of subjects to be examined, methods to be applied, handouts for participants. Also, the Training Programme sets the training sections/areas and subjects by indicating the time envisaged for each section and subject.

Introduction

The list of institutions selected by the UNDP Strengthening Technical Capacities of the National Institutions for Human Rights Protection and Promotion in Moldova Project includes 11 institutions concerned about human rights protection and prevention of human rights violation. All these institutions can be divided into 3 distinctive groups in accordance with the goal, content and specific activity:

Group 1. Institutions specialised in human rights protection and promotion:

1) Office of the People’s Advocate/ Ombudsman;

2) Council on the Prevention and Elimination of Discrimination and Ensuring Equality;

3) Independent Service for Defending the Rights of Patients in Psychiatric Hospitals;

4) Independent Mechanism for Monitoring the Implementation of the UN Convention on the Rights of Persons with Disabilities.

These public authorities/institutions have to achieve a number of specific commitments in the field of human rights protection, such as: to monitor how public authorities and private and state institutions implement the provisions of regulatory framework, international human rights principles and standards in the field of human rights observance; to propose projects to enhance the regulatory framework from human rights perspective; to ensure the access of vulnerable people to justice; to develop and implement different human rights protection mechanisms; and to enhance the legal empowerment of population in the field of human rights, etc.

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Group 2. Special central public administration authorities

1) Ministry of Labour, Social Protection and Family;

2) Ministry of Health;

3) Ministry of Education.

According to Government Action Plan for 2015-2018, the Programme for Strategic Development of public authorities, national and inter-sectoral policies and other strategic policy documents a number of priority actions that need to be carried out by the ministries in the field of human rights protection, promotion and prevention of human rights violation in their field of competences are set forth. The priority actions refer as well to the harmonization of national legislation with the communitarian/European legislation (except for the Ministry of Education), development/adjustment of national policy documents to international and/or European standards in the field of competences, implementation of recommendations given by the international organisations, as well as periodic reporting on achieved progress.

Group 3. Institutions with specific human rights functions

1) National Anticorruption Centre;

2) Parliamentary Commission on Human Rights;

3) National Council for State Guaranteed Legal Aid;

4) Constitutional Court.

These institutions have a more specific activity in the field of human rights. In this sense, the National Anticorruption Centre has the role to ensure human rights observance by preventing and fighting corruption, as well as to ensure human rights protection through its complaint/communication/notice management activity. The role of the Parliamentary Commission on Human Rights is to develop and adopt reports on draft laws and legal suggestions examined from the human rights point of view, to organise parliamentary control of the adopted regulatory framework enforcement from the perspective of human rights. The role of the National Council for State Guaranteed Legal Aid is to protect the right to a fair trial set forth in Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, including to ensure free and equal access of all persons to legal assistance guaranteed by the state, as well as to reduce the economic and financial barriers in providing access to justice. The Constitutional Court, based on its constitutional activity, has the role to oversee the constitutionality of laws, regulations and Parliamentary decisions, decrees of the President of the Republic of Moldova, Government decisions and provisions and observance of human rights; develop comments to constitutional draft laws based on human rights and acquis communautaire, as well as to

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monitor the enforcement of Constitutional Court’s judgements on human rights in accordance with the case-law of the Constitutional Court.

To achieve their mission and functions from human rights perspective, each mentioned institution needs the same professional competences, and namely:

Generic professional competences in the field of human rights;

Professional managerial skills from the perspective of human rights.

Generic professional competence in the field of human rights:

General knowledge of human rights system;

Knowledge and skills to carry out activities/duties to prevent human rights violation;

Knowledge and skills to carry out activities/duties to protect human rights;

Knowledge and skills to carry out activities/duties to promote human rights.

Professional managerial skills from the perspective of human rights:

Knowledge and skills of strategic and operational planning of institution/subdivision activity through human rights-based approach (HRBA);

Knowledge and skills of institution/subdivision management by applying result-oriented management and HRBA, programme/project management skills from HRBA perspective;

Knowledge and skills of ensuring transparency in preventing human rights violation and human rights protection activities.

Personal leadership skills:

Knowledge about leadership concept, leadership vs. management, personal skills;

Knowledge and skills about management styles, team formation and management, team motivation;

Knowledge and personal skills about institutional communication, inter-personal communication, conflict settlement, time management.

Participants

The Training Programme will target the managers (Heads/Deputy Heads of subdivisions) and executors. The number of delegated participants per institution will take into account the size of the institution,

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complexity of human rights-related tasks, as well as the real number of employees in the subdivisions with direct tasks in preventing human rights violation, human rights protection and/or promotion.

Goal

The general goal of the Training Programme is:

To strengthen the organisational potential by enhancing professional capacities of the personnel from the institutions selected by the UNDP Project necessary for optimal performance/achievement of mission and functions of institutions from the perspective of human rights observance.

Objectives

At the end of Training Programme, the participants shall be able to:

analyse the situation from different aspects of human rights in the area of competences of the institution and to appreciate the quality of the mission and functions fulfilled in his/her institution from the perspective of human rights; to identify existing issues and what caused their appearance; to identify internal and external factors, to find solutions to resolve the situation;

to perform their duties through human rights-based approach and best practices, to apply the most efficient instruments in the area of competences;

to develop plans on organisational changes and to promote necessary changes to be introduced in the institution/sub-division to improve the situation;

to train the personnel of the institution acting in his area of competence based on modern professional training models;

to show desire to play the role of an agent of change in his/her institution;

to participate efficiently in teams formed in cooperation with other relevant institutions to build capacities in the field of human rights observance.

Content

The Training Programme will consist of modules within 8 Training Sections/Chapters as following:

1) General Knowledge about Human Rights System;

2) Activity Management from the Perspective of Human Rights;

3) Professional Competences on Preventing Human Rights Violation;

4) Professional Competences on Human Rights Protection;

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5) Professional Competences on Human Rights Promotion;

6) Develop Trainer’s Skills;

7) Leadership and Personal Development;

8) Organisational Change Projects.

The training topics/subjects are:

Component #1 – General Knowledge about Human Rights System – about 3-5 days

The human rights concept: Conceptual knowledge about human rights system; main characteristics; principles; State’s obligations.

The national regulatory framework and international/regional standards: knowledge about the rights enshrined in the Constitution of the Republic of Moldova, national regulatory framework, national policies and international/regional instruments in the field of human rights to which the Republic of Moldova is a party.

National and international/regional standards/mechanisms engaged in human rights monitoring, promoting and protection: knowledge about national, regional and international institutions specialised in human rights protection and promotion.

Final findings and recommendations of international/regional human rights organisations. The case-law of the ECHR.

Human rights-based approach: knowledge about human rights-based approach, principle of equality and non-discrimination, gender equality, acquis communautaire.

Best practices regarding human rights observance, protection and promotion: success stories in efficient implementation of recommendations of international human rights bodies.

Component #2 – Activity Management from the Perspective of Human Rights – about 7-9 days

HRBA-based strategic and operational planning: strategic and operational planning definition, phases of a medium-term strategic development plan (SDP), in accordance with the provisions of regulatory framework; strategic analysis and planning instruments. Skills of how to set strategic, operational objectives and indicators through HRBA. Skills of how to participate in strategic and operational planning process at public authority/institution level.

Result oriented management: knowledge about result oriented management (ROM): definition, principles, instruments. ROM and HRBA model-based planning, organisation and control skills. Knowledge about programme/project definition; HRBA-based development, implementation, evaluation

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and reporting phases at programme/project level. Planning, organising, control, decision-making skills within the implemented programme/project, based on ROM and HRBA models.

Ensure transparency in preventing human rights violation and human rights protection activities: Knowledge about regulatory framework related to decisional transparency, access to information. Knowledge about regulatory framework with regard to protection of personal data. Skills to apply instruments regarding transparency of decision-making process in planned/undertaken human rights protection actions and decisions adopted by public authorities/institutions.

Component #3 – Professional competences regarding Human Rights Violation prevention – about 5-7 days

Evaluation and analysis of human rights situation: Knowledge about the evaluation instruments, analyse the situation in its field of activity from the human rights perspective, human rights observance information analysis and synthesis skills. Skills of processing different information sources related to human rights: relevant polls, international reports, national reports etc.

Develop public policies, draft laws and regulations, comments to draft laws and regulations from the perspective of human rights, acquis communautaire: policy and regulatory/legal acts development from the perspective of human rights principles integration. Knowledge about the acquis communautaire reported in the area of activity. Knowledge and skills of public policy development based on final observations of UN and CoE Human Rights Committees; ECHR case-law.

Monitoring and evaluation of policy and relevant regulatory acts implementation from the perspective of human rights at national level: Knowledge about independent monitoring bodies at national level. Skills to develop monitoring indicators. Skills to formulate the evaluation indicators from the perspective of human rights.

Evaluate the impact of public policies developed from the perspective of human rights: Skills to evaluate the impact of public policies from the perspective of human rights. Skills to develop and submit reports on the impact of public policies developed from the perspective of human rights.

Monitoring and evaluation of international standards implementation: Knowledge about the requirements for State’s reporting to international organisations and skills to draft these reports. Knowledge and skills of drafting alternative/shadow reports.

Providing informational and methodological assistance in the field of human rights to direct and indirect beneficiaries of public authorities/institutions: Awareness/training skills. Consulting skills.

Component #4 – Professional competence with regard to Human Rights Protection – about 3-5 days

Petition/application/complaint examination/investigation related to violation/abuse of human rights received by the public authority/institution: Knowledge about petition/application/complaint

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examination/investigation specificity and procedure with regard to abuse/violation of human rights. Knowledge about international principles and recommendations, national and international complaint examination/investigation standards: time of examination, prescription period, petition settlement methods. Skills of complaint examination/investigation and remedy formulation.

Monitoring the implementation of remedies formulated as a result of complaint/petition/application examination/investigation. Knowledge about monitoring procedures and instruments. Monitoring and evaluation skills.

Establish and maintain a database of complaints/petitions/applications received: collection, storage, record and analysis skills of information/data on complaints/applications/petitions received.

Identification of strategic causes and strategic litigation: Knowledge about the definition of strategic cause, strategic cause identification methods and usage in legislation improvement process, how to develop recommendations, decision-making process.

Identification and analysis of systemic human rights issues: Knowledge about conceptual aspects on systemic issues (definition, causes, effects). Casuistry analysis and application skills. Knowledge about possible response measures in case of a systemic problem.

Component #5 – Professional competences with regard to Human Rights Promotion – about 3-5 days

Planning, organising and evaluation of human rights promotion and advocacy activities: Knowledge about human rights promotion strategies. Skills of planning, organising and evaluation of human rights promotion. Knowledge about advocacy, types, involved parties, instruments. Human rights advocacy planning, organising and evaluation skills. Methods to involve the civil society in human rights advocacy and promotion activities.

Human rights promotion to raise the awareness and legal empowerment of the society with regard to human rights observance: Knowledge about information/training instruments of different categories of population, different categories of persons with responsibilities to prevent the violation of human rights and human rights protection. Information/training, mediatisation, etc. skills.

Identification and dissemination of best practices, success stories: Identification, description and presentation skills of best practices in the field of human rights, efficient implementation of recommendations of international organisations in the field of human rights related to the activity field of public authorities/institutions. Abilities to identify, describe and present success stories that have become possible as a result of real actions related to human rights observance undertaken by the institution.

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Interaction and exchange of experience with national and international actors: Communication with different national and international actors. Develop relationships and establish partnerships with different national and international actors.

Communication with mass-media: How to involve the mass media in human rights promotion and advocacy? Communication with the mass-media. How to promote human rights-related activities of public authorities/institutions?

Component #6 – Leadership and Personal Development – about 5-7 days

Knowledge about leadership, leadership vs. management. Leadership models. Roles of managers and leaders. Profile of an efficient leader: knowledge, skills, abilities, attitudes/behaviour in the organisational context. Styles of leadership.

Human resources management (HRM): Knowledge about HRM (goal, functions, processes, tasks). General knowledge about regulatory framework on the personnel policy and procedures. How to form and develop a team? How to motivate the personnel? Teamwork. Social roles in the team.

Time management: concept, efficient techniques and instruments applied on the job. How to prioritize the activities?

Organisational communication. Interpersonal/assertive communication and conflict settlement. Internal and external communication: strategies and techniques. Verbal and written communication

Component #7 – Trainer’s skills Development – about 4-5 days

Specific aspects for adult education: ongoing professional development of the personnel . Specificity of adult education. Learning by doing. Learning styles. Trainer’s profile.

Participative forms and methods of adult education: group work, presentation, discussion, case study, conclusions, feedback. Synthesis request and provision. Develop and use of visual materials and techniques. Develop handouts. Communication in training course.

Training management: Training Programme. Training activity: structure/phases, planning. Communication with difficult participants. Evaluation of training activities.

Component #8 – Organisational Change Projects in Institutions – about 3-4 days

Support managerial projects developed by each participant for a subject selected as a result of situation analysis and problem identification with regard to human rights in the institution.

Ideas of managerial projects on change implementation in the institutions can refer to aspects that relate to fund collection, project drafting based on log frame, etc.

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Structure and format

Participants in all 3 groups of public authorities/institutions will participate in modules form training sections/areas #1, #2, #6, #7 and #8, which will have almost the same structure, content and format. The content of modules from training sections/areas #3, #4, #5 will be adjusted to the specific nature of the activity of the institution to have a greater impact on professional competence development process.

To ensure a more optimal relevance level, the training modules can be structured in key/basic sessions and additional session. The participants from the training groups will attend mandatorily the key/basic sessions of each module, and the additional sessions may be attended voluntarily, in accordance with the training needs of participants, based on a timetable set at the beginning of the training course. This option should be analysed from all points of view and should be consulted with the participants in training programme.

Training methods

The training modules have to be implemented based on andragogy, participative methods: mini-lectures, presentations, discussions, case studies, role plays/simulations etc.

When selecting training methods, take into account the topic, goal/expected results, objectives and content of training activity, specific nature of adult education process.

To improve the theoretical knowledge, use presentations followed by discussions; to enhance analytical and practical skills use practical exercises, group exercises followed by discussions and presentations.

To develop skills to analyse the real situation in the field of human rights violation prevention and human rights protection and to develop relevant real suggestions, including remedies, use case studies – examination of real situations and remedy measures from other countries and from Moldova.

At the end of each module, the participants will receive tasks to prepare presentations on specific tasks of the institution, related to the field covered by the module. All speeches will be delivered and discussed in the following day after the module.

All the presentation methods applied in Module #7 shall be exercised by the participants.

At the end of Module #7, each participant will receive the task to develop a managerial project which will introduce a change(s) from the HRBA perspective. The projects will be developed in consultation with trainers and will be presented and discussed with the team of participants in training in the presence of trainers. Topics/subjects of projects will be set as a result of situation analysis and problem identification regarding different aspects of human rights for each institution in part.

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The interactive training methods, including case studies, project development, etc. will be used to encourage active participation of people in the learning process, exchange of ideas and experience.

In between Module #7 and #8, if possible, it is recommended to organise study visits by groups of institutions (3 study visits), in similar foreign institutions with good reputation and results registered in the field of human rights observance.

Handouts

The handouts will allow exchange of general knowledge, in accordance with the topics of modules and training sessions.

Handouts for Module #1 will include at least manuals/informational materials on human rights system; descriptions of case studies on ECHR case-law; regulatory acts/excerpts from national and international regulatory acts; international and national concepts and examples of human rights-based public policy/state/national approach; international and national examples of missions and functions of institutions, including of public authorities formulated based on human rights observance principal; international and national examples of best practices on human rights observance, protection and promotion, etc.

Handouts for Module #2 will include at least manuals/informational materials on organisational management concept, including result oriented management and human resources management from the perspective of HRBA; descriptions of the process and instruments for situation analysis, strategic and operational planning; examples of planning, organisation and control based on ROM and HRBA models; models of development, implementation, evaluation and reporting at programme/project level based on ROM and HRBA models; policy models and personnel procedures developed based on HRBA and ROM models; examples of instruments applied for transparency of decision-making process regarding planned/undertaken actions and approved decisions within public authorities/institutions related to human rights prevention and protection.

Handouts for Module #3 will include at least manuals/informational materials and instruments that can be applied for the evaluation and analysis of situation in their field of activity from the perspective of human rights; models of processing different sources of information on human rights; public policy examples, comments to drafts laws and examples of suggestions to ament current regulatory framework developed from the perspective of human rights, acquis communautaire etc.; models of policy and regulatory acts monitoring and evaluation indicators from the perspective of human rights at national level; instruments for public policy impact evaluation developed from the perspective of human rights and respective reports; monitoring and evaluation instruments of international standards implementation.

Handouts for Module #4 will include at least manuals/informational materials on international principles and recommendations, national and international standards of complaint/application/petition

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examination/investigation principles; examples of concrete cases by formulating remedies; instruments and examples of monitoring the implementation of suggested remedies; models of information/data collection, storage, registration and analysis of complaints/applications/petitions received; examples of identification methods and usage of strategic causes in the process of enhancing the law, developing the recommendations, decision-making process; instruments for casuistry analysis and application; examples of response as a result of discovered systemic issues.

Handouts for Module #5 will include at least manuals/informational materials on advocacy and human rights promotion; strategic planning, organisation and evaluation instruments of advocacy and human rights promotion activities; models of strategies/methods of raising the awareness and legal empowerment of society; instruments and models of identification, description and presentation of success stories which became possible as a result of real actions undertaken in the field of human rights by the public authority/institution; models of establishing and maintaining relations and partnership development with different national and international actors; models of involving SCOs and mass-media in advocacy and human rights promotion activities; examples of promoting the activities of public authorities/institutions in the field of human rights.

Handouts for Module #6 will include at least informational materials on leadership, leadership models, types of leadership; how to set the leadership style; examples of situational leadership style application; models to create a successful team, examples of motivation techniques and maintain the personnel motivation; examples of forming and leading teamwork, formed to undertake certain tasks; assertive communication development techniques, rules and norms about official written communication, prioritisation and time management techniques.

Handouts for Module #7 will include at least manuals/informational materials about the specific nature of adult education; description of participative adult education forms and methods; examples of different training methods related to subjects studied in previous modules; examples of developing and application of visual aid materials; examples of requesting and providing feedback; training programme model; module and session designing models within modules; models of instruments applied for the evaluation of training activities.

Handouts for Module #8 will include at least the project summary and Power Point presentation developed by each participant.

Working conditions

Special conditions/technical means are necessary for an efficient learning process of participants: equipment, including multimedia system, flipchart, white board, screen and computer classes.

Training evaluation

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Immediate evaluation. The training provider will develop a Questionnaire to evaluate the reaction of participants. The questionnaire will allow appreciations which will lead to initial conclusions and if necessary, to programme amendments/improvements:

Usefulness of acquired knowledge and skills;

Level of interest toward the training programme;

Level of complexity, accessibility of the presented study materials.

Training evaluation. To determine whether the knowledge level and/or abilities of the participants have changed as a result of training and if so, to what extent/how, the training provider will develop and run tests, questionnaires, and specially developed tasks, which permit to measure quantitatively the progress of skills and/or the motivation of participants. The knowledge evaluation should be made based on initial tests/before and after the training course. The evaluation of abilities – the Training Programme will set a task, work situation/real case for each participant – will allow the observation of the performance of accomplishing this task, etc. based on which data about the quality of knowledge and skills transfer can be collected.

Evaluation after a certain period of time. The training provider will suggest the methodology and instruments that can be applied to determine whether the participants apply the knowledge and abilities acquired during the training on the job, if there are real changes in their professional activity.

Report on delivered training course. The training provider will draft an analytical report, which will include findings and conclusions on delivered training, suggestions and methodical recommendations on further application of the Training Programme.

Structure of one training module

Title: Provide the name of professional development activity/training course, which reflects the scope of competences to be enhanced, main topic.

Form of delivery: Provide the form of delivery of training/ professional development activity: workshop, seminar, lectures, traineeships etc.

Duration: Indicate the duration of the entire course/activity by mentioning the number of days, hours and the number of modules with days and hours per each, if necessary.

Venue: Give the name of the venue where the training/professional development activity will take place.

Participants: Indicate the category of participants and their number. If necessary, provide the reason why these persons should participate in training/professional development activity.

Goal: Formulate the main goal of the training programme, its expected results. The

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expected results of any professional development activity is meeting the training needs, enhanced/developed abilities of employees.

Objectives: Formulate the objectives – expected results from the participants, what we want the participants to achieve after the training in addition to what they were able to do before the training. How and what will be changed in knowledge, abilities and skills of the employees.

Content: Provide the list of subjects that follow to be examined (by applying different methods and techniques) to achieve objectives and obtain the expected result.

Working methods: Mention the training methods – all processes/techniques applied in the professional development process to ensure the training quality, to achieve objectives and obtain expected result.

Handouts: Describe the set of materials prepared by trainers to be distributed to participants at the beginning, during and at the end of training course/professional development activity to facilitate and improve the learning process: manuals, informational materials, descriptions of case studies, guidelines to exercises, regulatory acts/excerpts from regulatory acts, etc.

Technical training means:

Indicate special conditions/technical means: equipment, including multimedia system, flipchart, interactive table, screen, etc. and In many cases – computer classes. If necessary, indicate the necessary consumables: flipchart paper, markers, folders, notebooks, pens – for each participant etc.

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Annexes

Annex N1: Training needs assessment methodology

Annex N2: Training needs data generalisation

Annex N3: Reports on TNA for each institution

3.1. Office of the People’s Advocate/Ombudsman

3.2. Independent Service for Defending the Rights of Patients in Psychiatric Hospitals

3.3. Council on the Prevention and Elimination of Discrimination and Ensuring Equality

3.4. National Council for State Guaranteed Legal Aid

3.5. Independent Mechanism for Monitoring the Implementation of the UN Convention on the Rights of Persons with Disabilities

3.6. National Anticorruption Centre

3.7. Constitutional Court

3.8. Parliamentary Commission on Human Rights

3.9. Ministry for Labour, Social Protection and Family

3.10. Ministry of Health

3.11. Ministry of Education

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