on Training Needs Assessment of the National Institutions for Human Rights Protection and Promotion
on Training Needs Assessment of the National Institutions for the Human Rights Protection and Promotion
September 2015
General Report
onTraining Needs Assessment of the National Institutions
for the Human Rights Protection and Promotion
Consultant team:
Brighidin Andrei
Bursuc Oleg
DoicovEcaterina
Levința-PerciunElena
Copyright © UNDP Moldova
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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.
TABLE OF CONTENTS
Executive Summary
Introduction
Methodological Aspects
General Information on Questioned Employees
Findings and General Conclusions
Specific Findings and Conclusions
Strategic and Operational Recommendations
General recommendations
Recommendations on the Visions, Structure and Methodology of the Training Programme
Recommendations for the UNDP Moldova Project
Professional skills development Programme Concept from the Perspective of Human Rights
Annexes
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
Glossary of terms
Institutional capacities / Internal management systems, policies and procedures of an organisation, including professional capacities/skills of the employees.Professional competence / Knowledge, skills and abilities necessary to perform efficiently duties/tasks.
Managerial competence / Knowledge, skills and abilities necessary to perform efficiently the duties/tasks of a manager.
Training needs / The gap between the necessary level of professional competence (current or future) and current competenceof an employee.
Identification / Finding out if there are any gaps in professional competence (knowledge, skills, attitudes/behaviours) and define the needs.
Evaluation / Determining the size of a professional competence gap and the impact it may bring on activities.
Training needs assessment / Comparing the level of professional competence of the employee to thelevel 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.
Executive Summary
- 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.
- 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 performingdirectly the tasks related to the prevention of human rights violation and human rights protection and promotion.
- 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 andhuman 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 andhuman 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.
- 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 – 3.85[1];
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 needsrefer to the development of managerial competences in the field ofhuman 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 fieldof prevention of human rights violation, the priority areasfor competence development includes: public policy development from human rights perspective, public policy monitoring and evaluation, policyimpact 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 developmentare 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.
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.
- 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 andprevention 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 todevelop 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 impactassessments from human rights perspective. The ministries have a growing need to enhance their abilities to report to international entities, based on performance indicators developedfrom human rights perspective.
The staff ofselectedpublic authorities/institutions has a growing need to develop theirpersonal 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 Hospitalsis exercisedby only one person, the Ombudsman of Psychiatric Hospitals. This person requires institutional capacity buildingto 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 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.
- For abetter quality and use of international expertise, we recommendthat the Training Programme isdelivered by an international company that has relevant experience in competence development of the staff fromhuman 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 theinternational knowledge and best practices to the local team of trainers.
- The Curricula of the Training Programme shall be based on the findings, conclusions and recommendations providedin 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, whichdescribes 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.
- Taking into account the high level of discrepancy between the functions of public authorities/institutions, the Training Programme should be designed in a way tocover 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 suggestto 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
Group N2 / Ministry for Labour, Social Protection and Family, Ministry of Health, Ministry of Education
Group N3 / National 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).
- 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.
- 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, beingresponsible 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.
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 functionin 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/institutionsselected by the UNDP Project based on developed methodology;
Training needs assessment for the staff with human rights related duties, as well as to draft reportsfor each institution in part by formulating the findings, conclusions and recommendations;
Draft the General Report for the respective 11 public authorities/institutionsby 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 andrecognised 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.