Jan 11, 2018

UN Jobs / NGO Job Vacancy : occupied Palestinian territory: TERMS OF REFERENCE - CONSULTANCY Child-friendly Police Standard Operating Procedures (SOPs)in the Gaza Strip (Palestine) (RE-ADVERSTISED)

NGO Jobs / UN Jobs Vacancy



Organization: Terre des hommes
Country: occupied Palestinian territory
Closing date: 17 Jan 2018

TERMS OF REFERENCE - CONSULTANCY

Child-friendly Police Standard Operating Procedures (SOPs) for children in contact and in conflict with the law in the Gaza Strip (Palestine) (RE-ADVERSTISED)

1. Terre des Hommes

Terre des hommes (Tdh) is a leading Swiss child-relief agency with a strong mandate worldwide on restorative juvenile justice, which accumulates over 40 years of experience in the Palestinian context. Tdh is a well-recognized actor in Palestine with a long and fruitful collaboration vis a vis Juvenile Justice public stakeholders and national institutions (Ministry of Social Development, Police, Prosecutors, etc.) on the policy, capacity building and specialized service provision components, chiefly. The Juvenile Justice Program has been implemented in the West Bank and the Gaza Strip since 2010.

Currently, within the Juvenile Justice Programm, Tdh is implementing the Project “Justice For Children – Phase II” funded by the United Nations International Children's Fund (UNICEF), where this consultancy is framed with.

2. Context

The official data in the Gaza Strip (although a lot of cases remain unreported) from 2012-2016 period shows a yearly average of 850-900 children arrested and kept in detention awaiting trial for months (3-10 months on average)[1]. The numbers are much higher nationwide and taking into consideration not only child offenders but also child victims and child witness.

Because children’s experiences, development and insights differ from those of an adult, a child who is suspected of having committed an offense or who is a victim or a witness of a crime should be treated differently and according to their age, psychological development and level of maturity. The first contact between a child and an official from the criminal justice system is normally the police: this initial contact is critical. The way in which the treatment of the child is going to be provided by the police officers might play a decisive role in the due safeguard of the child’s rights and in the whole navigation of the case (including its outcome) throughout the proceedings, impacting even his/her further involvement in criminal activities in some cases. Likewise, child victims and child witnesses of crimes require special care and protective measures from the police in order to, inter alia, avoid re-victimization, preserving evidence or ensure the physical safety of the child.

The national legislation applicable in the Gaza Strip[2] to children in contact and in conflict with includes some guidance on the arrest and investigation processes but does not contain specific procedural provisions on the proper handling of children in conflict and in contact with the law (offenders, victims and witness) by the Police according to the applicable international standards.

The main public institutions operating in the Gaza Strip and responsible for children offenders, victims and witness (Police, Ministry of Social Development, Prosecution, Judiciary, etc.) have identified the need to have an agreed and in-depth manual (SOPs) for child-friendly police procedures to handle children in contact and in conflict with the law as a first step and in an effort to make the formal justice system more responsive to the needs of the children.

To this end, Tdh will hire an international consultant to undertake the development of child-friendly SOPs for children in contact and in conflict with the law in the Gaza strip. A rough draft SOPs only referring children in conflict with the law is available and will form part of the desk review stage of this consultancy.

3. Objective of the consultancy

The objective of this consultancy contract is to develop a high-quality child-friendly police Standard Operating Procedures (SOPs) for children in contact and in conflict with the law (child offenders, child victims and child witnesses) in the Gaza Strip.

4. Scope of the consultancy and deliverables

The scope of work and expected deliverables are the following:

  1. Collect, review and analyse all the necessary documents[3] to fully (i) substantiate all stages of proceedings (police and judicial) for children in conflict and in contact with the law within the criminal justice system (ii) apply the Palestinian national legal/regulatory/policy frameworks, including juvenile justice and child protection international standards, best practices and successful proven models applicable to the consultancy’s topic. Tdh will support with the collection of key documents for this desk review stage.

  2. Carry out stakeholder’s mapping to clearly identify the roles and responsibilities of key players an institutions that play a vital role in handling of children in conflict and in contact with the law in the Gaza Strip.

  3. Based on the processes mentioned above and in consultation with Tdh team, prepare a comprehensive list of contents to be included in the SOP document. The outline of the full document needs to be approved by Tdh and UNICEF prior to proceed with the following stages.

  4. Draft specific, detailed and practical steps (including specific models for specific circumstances) for police procedures (arrest, interrogation/interview, referral, etc.) when dealing with child offenders, child victims and child witness. Rights-based, gender-responsive and child-centred approaches shall be highlighted throughout the draft document, as well as all child protection principles and specially those related to access to justice for children. Links with other key institutional bodies such us the Probation Officers under the Ministry of Social Development, the Prosecution and the Judiciary shall be comprised in the SOP when appropriate.

  5. Facilitate one consultation workshop (organized with the support of Tdh) and present the draft SOP to the key stakeholders. Finalize the SOP incorporating all the inputs gathered.

  6. Produce a well-written and comprehensive English and Arabic SOP document (please note that we are looking for Arabic and English able to write both version of the SOPs without external translation services).

The SOP document semi-final versions in English and Arabic delivered by the consultant will be reviewed and approved by Tdh and UNICEF before the final versions are issued. It is possible to work on the English version until having Tdh’s and UNICEF’s final approval and proceed with the compilation of the Arabic version afterwards. In any case, the Arabic version will required the validation of the Police (Gaza), Tdh and UNICEF. Final SOP deliverable (in both languages, English and Arabic) remains of the sole property of Tdh and UNICEF.

5. Methodology

The consultant will strictly follow the work plan and the time schedule agreed with Tdh in undertaking the consultancy assignment.

An appropriate methodology will have to be determined by the consultant and submitted with the consultancy proposal. It will be reviewed by Tdh and adjust accordingly with the consultant if needed prior to the signature of the consultancy contract.

The consultancy process will be steered by a Committee formed by Tdh, UNICEF and 3 representatives of the Justice for Children Committee already established in the Gaza Strip (comprise by public stakeholders and civil society organisations with particular expertise). The Consultant will report only to Tdh and will work closely and in regular consultations with the Tdh Juvenile Justice team (country team in Palestine and Juvenile Justice MENA Regional Coordinator).

6. Duty station

The consultant will undertake a mix of in-country in Palestine and home based working based on the agreed work-plan and methodology. Tdh will support with entry permits and logistics while in Gaza Strip.

7. Timeframe

The consultant is expected to use own computer and other equipment required for the task***.***

The duration of contract shall be for a maximum of three working months between 15 January and 15 April 2018; with an estimated 45-50 working days. Final SOP document shall be delivered the 15th April 2018 at the latest.

8. Profile of the consultant: qualifications and experience

· A post-graduate or equivalent qualification/degree in Law, Criminology, Human rights, Political Science, Development Studies, Humanities or any other relevant discipline. Excellency level of expertise would be prioritized.

· At least 6-9 years of prior work experience in dealing with justice and child protection issues in the regional and international context

· Extensive knowledge and experience in Palestinian Justice and Child Protection Systems will be considered an asset.

· Proven sound experience on drafting similar legal instruments and SOPs.

· Excellent written and speaking skills in English and in Arabic.

· Acquainted with the national legislation, international policy papers and documents related to formal justice systems as well as restorative juvenile justice.

· Demonstrated knowledge and experience in developing SOPs especially related with justice and/or child protection issues.

· Demonstrated experiences and skills in facilitating stakeholder/working group consultations.

Tdh seeks to identify experts that fulfil the above criteria and have demonstrated ability of involving key stakeholders (judiciary, prosecution, police, civil society etc.) to provide relevant expertise and bring a wider perspective in developing the SOPs.

9. Budget

The consultant will be offered a lump sum fee inclusive of all travel costs, accommodation, taxes, per diems, etc.

The payments will be made in instalments based upon outputs/deliverables specified in this ToR (under payment schedule) and upon certification of satisfactory work as per work plan approved by Tdh.

The payment schedule is as follows:

· 30% on signing the contract and submission of a blueprint including methodology for drafting the SOPs.

· 50% on completion and submission of the first full draft (semi-final draft) of the SOPs.

· 20% on submission of final SOP (incorporating all the input from the key stakeholders, Tdh and UNICEF and including design lay-out in the soft copy document to be approved by Tdh).


How to apply:

1. Application procedures

The evaluation of the consultant will be based on combined scoring method where the qualifications and methodology is given 80% weightage and financial offer will be given 20% weightage taking into account the maximum fee stated above.

Interested consultants should submit:

1) A technical proposal including:

(i) Profile of the lead consultant and of any other member of the team if any (max 1 page) explaining why he/she/they are the most suitable for the work base on relevant experience for this concrete consultancy (max 2 page).

(ii) Detailed methodology and conceptual framework with expected deliverables and timelines, team composition, work plan, etc. (4-6 pages).

(iii) Recent CV(s).

1) A financial proposal that shall specify a total lump sum amount (including a breakdown of costs for fee, travel, number of working days, taxes, etc.). Payments will be made in instalments based upon key outputs/deliveries (mentioned under payment schedule above).

Full proposals should be sent to the following address jobs@ps.tdh.net no later than the 17 January 2018 11:55pm (Lausanne time). Proposals that do not include all required documents won’t be assessed. Candidates that have already applied do not need to send again their proposals.

Tdh will only contact short-listed candidates.