STRENGTHENING THE LESOTHO JUSTICE SECTOR

EuropeAid/130062/D/SER/LS

Ideaborn sl, in consortium with ILI-ACLE, Altair Asesores (ES) and ASR Progetti (IT) is selecting International Experts to provide Technical Assistance for the Strengthening of the Lesotho Justice Sector, financed by the European Commission.

-        1 Team Leader/Judiciary Management Expert

-        1 Judiciary Capacity Building Expert

Interested Experts, covering all the requirements listed below (pt. 3), can contact us ASAP, and before the 15^th of September 2012, by sending updated CV to :

Email: recursoshumanos@ideaborn.com

Ref.: Lesotho-Justice

***

 

1. OBJECTIVE, PURPOSE & EXPECTED RESULTS

The overall objective of the project of which this contract will be a part is to strengthen the Rule of Law in Lesotho.

The purpose of this project and therefore of this contract is to enhance a professional, accessible and impartial Lesotho Justice Sector, which will ensure fair, timely and efficient delivery of justice and effectively combat corruption.

This service contract will contribute to this purpose by providing technical assistance to assist in reforming the institutions in the Justice Sector

The results to be achieved by the consultant are linked to the objectives and outcomes of the Project:

-        Result 1: The independence, accountability and transparency of the Judiciary are strengthened and the institutional capacity of justice sector institutions is enhanced

-        Result 2: The administration, management and dispensation of the justice system are improved

-        Result 3: The professional and technical skills of the justice sector institutions are strengthened.

-        Result 4: The access to justice and protection of victims is improved and developed.

-        Result 5: The transparency and accountability of the justice sector system are increased.

 

2. SCOPE OF THE WORK

The Consultants will be expected to provide technical assistance to the Technical Cooperation Unit (TCU) – more clearly defined in section 4.2. Key Experts will work on a daily basis with Government counterparts to achieve the project objectives and results. The Key Experts will be assisted by non key experts and support staff that will be provided by the consultant.

 

Activities

Result 1: The independence, accountability and transparency of the Judiciary are strengthened and the institutional capacity of justice sector institutions is enhanced.

1.1  Assist in establishing operational and financial autonomy of the Office of the Registrar of the High Court

1.2  Conduct a capacity gap assessment to assess whether or not the Justice Sector resources, structures, technical / know-how skills, and rules and regulations sufficiently meet the needs and requirements of the judicial administration and case management system

1.3  Provide technical assistance to amend legislative/regulatory frameworks and administrative procedures pertaining to the Judiciary and the Ministries of Justice and Law

1.4  Explore the creation of a policy unit within the Ministry of Justice, providing a momentum for the justice sector institutions and civil society to cooperate on common action plans.

1.5  Provide assistance to the DCEO to functionalise the provisions of the Money Laundering and proceeds of Crime Act, to set up the registration of higher value assets of civil servants, and to foster the cooperation mechanisms in the SADC Anti Corruption Protocol

1.6  Facilitate the structural changes of the Law Society as envisage in their strategic plan

1.7  Improve the formal coordination and cooperation mechanisms between various justice institutions – notably between the Ministry of Justice – Judiciary and Ministry of Justice – DCEO

 

Result 2: The administration, management and dispensation of the justice system are improved

2.1  Provide expertise to law enforcement agencies and courts to develop case management policies and procedures for handling of civil (non commercial) and criminal cases

2.2  Technically support existing coordination mechanisms that are established to address the backlog of criminal cases (court process units, justice sector steering committees).

2.3  Assist police, prosecution, courts and DCEO in developing policies and standard operating procedures related to records management, retention and preservation of evidence and property, documentation and maintenance of a secure storage environment, audio court recording, archiving

2.4  Support automation of case management and data base information systems in the different justice sector institutions (in cooperation with the MCC project in Maseru’s courts).

 

Result 3: The professional and technical skills of the justice sector institutions are strengthened.

3.1  Assist the Ministry of Justice and the office of the Chief Justice in completing a legal education strategy programme and plan for judicial, legal officers and court administrators

3.2  Organise specific training on legislative comparative research, drafting and editing for the LRC and the Parliamentary Council Office.

3.3  Provide specific training to police investigators, prosecutors, DCEO staff and magistrates on anti-corruption measures and anti-money laundering procedures

3.4  Support the organisation of training sessions for legal officers, court administrators and judicial officers.  Also organise study visits to regional conferences or seminars for all justice institutions

3.5  Facilitate the review and promulgation of the Judicial Education Institute bill

3.6  Co-organise with MCC training and mentoring on IT skills to stakeholders targeted by both projects

3.7  Assist the Law Society to develop an induction and continuous training education programme for legal practitioners.

 

Result 4: The access to justice and protection of victims are fostered

4.1  Assist, with the cooperation of NGOs, the Legal Aid Unit to implement their decentralisation plan

4.2  Provide assistance to the Probation Office in extending the use of non custodial measures and   restorative justice mechanisms at the pre-trial phase (including material support)

4.3  Support the Probation Office and the Correctional Services in extending the use of social enquiries, rehabilitation and reintegration activities (including material support)

4.4  Assist the Community service and the protection victim support offices to expand their activities outside Maseru (including Material support)

4.5  Technically assist legal departments of the Ministry of Law to complete the drafting of the relevant bills

 

Result 5: The transparency and accountability of the justice sector system are increased

5.1  Revive and improve the compilation, publication, circulation of the laws and court jurisprudence

5.2  Create a legal and judicial data base (containing legislation and case law)

5.3  Support the implementation of a justice public outreach policy in cooperation with the communication officers of the justice institutions

5.4  Assist the DCEO in setting up new district anti-corruption committees (DACC) and supporting existing ones in the Northern Districts; in mobilising a national coalition against corruption, and carrying out its advisory and monitoring role within all public service officers

5.5  Facilitate awareness raising campaigns on citizens’ legal rights, existing judicial procedures and other human rights/gender/child sensitive issues

Location and Period of implementation

The TCU offices will be located in Maseru and project implementation will span all 10 districts within Lesotho.

The intended commencement date is January 2013 and the period of implementation of the contract will be 24 months from this date  (January 2013 – December 2014 – indicative dates)

3. EXPERTS REQUIRED

3.1.            Key Experts

Key Expert 1: Team Leader/Judiciary Management Expert (minimum 440 working days)

Qualifications and skills

• University degree in Law or a related field;

General professional experience

• Professional experience as a team leader of an EU-funded project would be an advantage;
• No less than 3 years working as a key expert in EDF funded projects
• Professional experience in managing a team composed of  technical specialists with varying experience and background
• Professional experience in supervising and co-ordinating all aspects of the implementation work of programmes;

Specific professional experience.

• At least 5 years’ experience in institutional capacity building, court management and organisation,
• At least 10 years’ experience in the field of justice sector reform

 

Key expert 2: Judiciary Capacity Building Expert (minimum 352 working days)

Qualifications and skills

• University degree in Law or public administration or in an equivalent field closely

General professional experience

• A minimum of 7 years professional experience in a public administration and/or management related to a public institution;
• Some professional experience in institutional reform of justice institutions

Specific professional experience.

• A minimum of 5 years of professional experience in the field of training of civil servants in justice institutions, judges, prosecutors, other judicial staff, and/or legal education and/or management of a judicial training centre and capacity building;
• Professional experience in capacity building in the judicial sector, the development of training curricula for civil servants, judges, prosecutors;
• Professional experience in issues such as legal frameworks for education or training institutions, institutional auditing, management and organisation, office procedures, would be an advantage;

 

 

3.2.            Other Experts (Short Term)

The following experts are foreseen to technically assist the courts, the DCEO, the law enforcement agencies and other ministerial departments, utilising a minimum of 700 working days:

-        Expert in anti-corruption and anti-money laundering programmes to advise the DCEO in setting relevant institutions and procedures, and implement the mutual legal assistance and judicial cooperation mechanisms provided for in the SADC Anti-Corruption protocol.

-        Expert competent in legal drafting, reviewing, amending and editing.

-        Expert specialised on Bar Association structures

-        Expert specialist on the execution of judgements

-        IT expert in case management and data base information systems

 

Support to the Creation of a Juvenile Justice in the Occupied Palestinian Territories

EuropeAid/132432/C/SER/PS

Ideaborn sl, in consortium with Altair Asesores (ES), ASR Progetti (IT) and the International Observatory for Juvenile Justice (BE) is selecting International Experts to provide Technical Assistance to Support the Creation of a Juvenile Justice System in The oPt, financed by the European Commission.

-        1 Team Leader - Juvenile Justice Expert

-        1 Senior judicial training expert with 5 year experience on Juvenile Justice

Interested Experts, covering all the requirements listed below (pt. 3), can contact us before July 20, 2012 by sending updated CV to :

Email: recursoshumanos@ideaborn.com

Ref.: OpT-Juvenile Justice

***

 

EXPERTS REQUIRED

Key Expert 1: Team Leader

The Team Leader will be in charge of the coordination of the project activities and of the policy advice to be provided within each of the components of the project. Indicative input: 400 w/d. All the expertise is to be delivered in the oPt.

Qualifications and skills

• Postgraduate University Degree in Law (or Bachelor of Law plus equivalent relevant work experience as a lawyer of a minimum of 5 years);
• Good analytical, appraisal and planning skills;
• Fully computer literate;
• Excellent command of English, both spoken and written;
• Working knowledge of Arabic will be considered as an asset.
• Very good organisational, coordination and reporting skills;
• Aptitude for teamwork and ability to communicate with partners at all levels;

General professional experience

• Minimum 10 years of professional experience in technical assistance in the framework of international cooperation projects
• Knowledge and understanding of political development policies, good governance and justice reform;

Specific professional experience.

• Minimum of 5 years previous experience in juvenile justice-related projects, both at a management and at a policy level;
• Minimum of 3 years previous experience in EU (or other donor)-funded contracts.
• Previous experience as team leader in similar programmes in transitional or development countries.
• Experience in the ENPI-south region in the past five years would be a strong asset.

Key expert 2: Senior judicial training expert

The senior training expert will be in charge of the coordination of the training activities of the project and of the identification of the training needs in each of the components of the project. Indicative input: 470 w/d. All the expertise, apart from that provided for accompanying the study visits, is to be provided in the oPt.

Qualifications and skills

• Postgraduate University Degree in Law; (or Bachelor of Law plus equivalent relevant work experience as a lawyer of a minimum of 5 years)
• Good analytical, appraisal and planning skills;
• Fully computer literate;
• Excellent command of English, both spoken and written;
• Working knowledge of Arabic will be considered an asset;
• Very good organisational, coordination and reporting skills;
• Aptitude for teamwork and ability to communicate with partners at all level

General professional experience

• Minimum 10 years of professional experience in a training/capacity building role
• Knowledge and understanding of political development policies, Good Governance and Justice reform;

Specific professional experience.

• Minimum 5 years previous experience in juvenile justice-related projects at a training level;
• Minimum of 3 years experience in EC (or other donor)-funded contracts
• Experience in the ENPI-south region in the past five years would be a strong asset.

 

OBJECTIVE, PURPOSE & EXPECTED RESULTS

The overall objective of the project of which this contract will be a part is to support the current efforts being deployed on the creation of a specialised Juvenile Justice system in the oPt, through the provision of policy advice, institutional strengthening and training to the main stakeholders involved in the creation of such a system.

The purposes of this contract, for each of the five components of the project, are as follows: I. Component: Strategy and co-ordination To strengthen the strategic vision and coordination of the PA and international donors in relation to juvenile justice. II. Component: Institutional strengthening and capacity building. To support the establishment of the institutional basis for a specialised juvenile justice system and to reinforce the capacities of PA institutions and other actors involved in the juvenile justice sector (PA, Judiciary, Public Prosecution, Lawyers and Police). III. Component: Reinforcement of the capacities of the informal justice actors in juvenile justice. To strengthen the systems and actors involved in the informal justice (Sulha) in order to enhance the respect of the rights of the child during the informal justice procedures. IV.        Component: Awareness raising and education component To assist building the “culture of child rights” within the population and in schools. V.         Component: Law-related component: To harmonize the Palestinian legal system with international standards in that related to child protection.

Results to be achieved by the Consultant

I. Component: Strategy and co-ordination

• The efforts of MoSA in coordinating all concerned actions in the juvenile justice sector are supported, mainly through the preparation and implementation of the National Strategy for juvenile justice, through the preparation of a common manual of procedures on juvenile justice, through the signing of Memoranda of Understanding (MoUs) among all actors concerned and through the permanent liaison between the project and the donors coordination group.

II. Component: Institutional strengthening and capacity building

• The capacities of the institutions and structures related to child protection under supervision of MoSA are strengthened, particularly through: the establishment of the conversion of Dar el Amal into a “centre of excellence”; the strengthening of MoSA staff capacity dealing with juveniles; through the preparation of a long-term strategy on the Network of Care and Rehabilitation Centres; and through the creation of an information management system related to child protection.
• The capacities of the High Judicial Council (HJC) and Public Prosecution in relation to juvenile justice are strengthened, through the creation of a specialised Judiciary and Prosecution for juveniles, and specialized trainings for judges and prosecutors within the Palestinian Judicial Institute.
• Creation of a Pilot Juvenile Court, located in Dar el Amal, with integrated specialized judicial and prosecution and legal aid services.
• The capacities of criminal lawyers in oPt are strengthened in dealing with juvenile cases through reinforced training activities at the Palestinian Bar Association and at University level.
• The capacities of the Palestinian Civil Police (PCP) are strengthened through the creation of a specialized juvenile police, and through strengthening its training system on  juvenile justice are strengthened, including in that related to prevention, outreach and diversion.
• The mechanisms for the implementation of legal aid for juveniles are successfully implemented.
• Diversion mechanisms and the distinction between pre-trial and conviction situations in that related to juveniles are put into place and the related PA (Ministry of Justice (MoJ), PCP and MoSA) capacities are strengthened.

III. Component: Reinforcement of the capacities of the informal justice actors in juvenile justice

• The notions of child protection, children rights and the best interest of the child are enforced throughout the informal justice process and the related capacities of the informal justice actors are strengthened.

IV. Component Awareness raising and education

• Awareness of the Palestinian society in that related to rights of children and the juvenile justice system is increased.
• The role of the educational system in identifying children at risk and in dealing with children in conflict with the law is increased.

V. Law-related component

• The Palestinian legal system reflects the notion of child protection, the best interest of the child and the internationally recognized rights of the child.

 

SCOPE OF THE WORK

The main goal of this project is to support the current efforts being deployed on the creation of a specialised Juvenile Justice system in the oPt, through the provision of policy advice, institutional strengthening and training to the main stakeholders involved in the creation of such a system. In order to provide this support, the project will be structured around five components: strategy and coordination, institutional strengthening and capacity building, support to the informal justice actors, awareness-raising/education, and legal support.

Regarding the logic of the intervention, each of the above-mentioned pillars has its own logic:

• STRATEGY AND COORDINATION (horizontal component): given the large amount on donors involved in the Justice sector in the oPt and the impact these interventions have on  juvenile justice issues, there is a need of providing support to the PA, through a horizontal component, in coordinating efforts from international donors and PA institutions in order to have a strategic view on the sector. The MoSA will be the main beneficiary of this component, given its leading role in the National Committee for  juvenile justicein the oPt as well as given the fact that the MoSA will prepare a National Strategy for juvenile justice (to be supported by this project).
• INSTITUTIONAL STRENGTHENING AND CAPACITY BUILDING COMPONENT: the second component of this project has as a main goal the reinforcement of the capacities of all actors involved in the JJ sector as well as the support for the establishment of the basis for a specialised JJ system. The project will work at a training level (reinforcing the capacities of MoSA staff, judges, prosecutors, lawyers, police and staff of Dar el Amal), at a policy level (providing strategic policy advice to the main institutions involved MoSA, HJC, MoJ, the PJI and the Palestinian Bar Association (PBA) as well as at an institutional level through the creation of a “centre of excellence” in Dar el Amal, to be the model for further Centres to be created in the future, and through the creation of a Pilot Juvenile Court in Dar el Amal.
• REINFORCEMENT OF THE CAPACITIES OF THE INFORMAL JUSTICE ACTORS IN JUVENILE JUSTICE: the importance of this sub-component is vital if the objective of the project is to reinforce the best interest of the child. According to the PCBS, between 40 and 50 percent of the conflicts are only dealt by the informal system. Therefore, it is of key importance to work with the actors involved in Sulha processes in order to guarantee the respect of the rights of the child during the informal justice procedures and to build the capacities of the actors involved in the informal justice system.
• AWARENESS RAISING AND EDUCATION COMPONENT: together with the creation of a basis for a specialised Juvenile Justice system through the institutional and capacities components, this project will have a special focus on awareness-raising and education aspects, the main goal being to start building the “culture of Juvenile rights” within the population as a whole and in schools (in addition to the work with the Universities described above).
• LAW-RELATED COMPONENT: the project will carry out, in close cooperation with the support provided by UNICEF on the drafting of the Child Law and the Juvenile Law and their by-laws, a review of the Criminal legislation and of the Health, Labour and Education legislations, with the will to harmonize the Palestinian legal system with international standards in that related to child protection.

General activities

1. I. Strategy and co-ordination

-        To provide policy advice to the National Steering Committee for Juvenile Justice, and in particular to MoSA, in the preparation of the National Strategy on Juvenile Justice

-        To assist in drafting a common manual of procedures for juvenile justice

-       To provide support to the donor coordination group on juvenile justice to optimize the resources invested in the sector.

II. Institutional strengthening

II.1 Reinforcement of the child protection structures under MoSA supervision.

II.1.1 Reinforcement of the network of care and rehabilitation centres.

1. Upgrading the Care and Rehabilitation centre of Dar el Amal.
2. Advice on the development of the Network Care and Rehabilitation Centres.

II.1.2 Reinforcement of the network of Probation officers, Child Protection specialists and other personnel within MoSA dealing with Child Protection.

II.1.3 Reinforcement of the information management system related with children at risk and in conflict with the law.

II.2 Assistance to the HJC in the creation of a specialised judiciary and to the Attorney General’s Office (AGO) for a special prosecution for juveniles.

II.2.1  To assist the HJC at the policy level to develop a special judiciary and the AGO to develop a specialised prosecution for juveniles.

II.2.2  To assist the HJC and the AGO at the implementation level to set up a Pilot Court at Dar el Amal and to identify a core group of Judges and Prosecutors to deal with Juvenile-related cases.

II.2.3 To assist the PJI as well as the HJC’s and the AGO’s training departments to develop specific initial and continuous training plans as well as Training of Trainers (ToT) in JJ issues.

II.3 Reinforcement of the capacities of lawyers regarding JJ.

II.4 Contribute to the creation of a Specialised Juvenile Police within the Palestinian Civil Police (PCP).

II.5 Support to the MoJ in that related to Legal Aid and to foster the alternatives for detention and the distinction between pre-trial and conviction.

III. Reinforcement of the capacities of the informal justice sector in juvenile justice

-        To undertake an assessment focused on whether the rights of the children are respected throughout the informal justice processes and to propose actions for improvement.

-        To build the capacity of actors involved in the informal justice system through awareness sessions and training activities on juvenile issues (international rights of the child, child protection and the best interest of the child), mediation and conciliation skills.

-        To organize and facilitate awareness sessions and training activities on juvenile-related issues, mediation and conciliation skills, management and human rights skills, with the Departments of Tribal Affairs within each of the governorates.

-       To organise and facilitate a workshop to bring together the staff of the Departments of Tribal Affairs in all governorates to exchange ideas on the best practices in dealing with juveniles.

IV.  Awareness raising and education

IV.1 Awareness to the general public

IV.2 Education

V. Law Related Component.

-        To assist the PA and other actors involved in the legislative process, to review the existing Penal Code and Criminal Procedural Code in order to align them with international standards

-        To review key legislation concerning children in order to align them with international standards

It is of key importance to highlight the guiding principles of this project: The children in conflict with the law are to be considered victims, not offenders. The prevention and diversion systems are key factors in reducing the criminality and recidivism rates of the child. There is a need of a common and coordinated approach, both at a PA and International Donors level, which guarantees the defence of the rights of the child in each and every step of the child’s development. The sustainability of the actions is a key consideration in the design of this project. The local dimension of this project, through the work at a Governorate and municipal levels, is key for the success of this project. All technical assistance (TA) and training activities are designed taking into account the beneficiary institutions’ absorption capacity.

Location and Period of implementation

The base of operations will be Ramallah. However, the mission will include a number of missions within the oPt needed for the implementation of the project’s activities.

The intended commencement date is mid-November 2012 and the period of implementation of the contract will be 28 months (mid-November 2012 – Mid-Frbruary 2015 – indicative dates)