Protection rule of law Consultant

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IRC - The International Rescue Committee

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Job Description

CONTEXT

For years, CAR has been facing a protection crisis, which is believed to be one of the root causes of sexual and gender-based violence related to conflict (SGBVGLC).

In this context, IRC has launched a recruitment of a Senior Manager Protection de jure (Prol) Expatriate in order to support the process of revision of the Central African penal code for the integration of sanctions against perpetrators of sexual violence based on gender and related to conflicts (SGBVGLC)

By Decree N 21.305 of 25 November 2021, the President of the Republic of the CAR set up a strategic committee in the context of the fight against conflict-related gender-based violence (SGBLB) in the Central African Republic. This committee is a framework for consultation and reflection for the implementation of the vision of the President of the Republic, Head of State in the fight against conflict-related gender-based violence.

The strategic committee developed a biennial action plan 2022-2024 and created a steering committee for its operationalization.

For the implementation of this action plan to combat SGBGLC, the steering committee initiated the Terms of Reference for two activities on:

Capacity building of judicial actors in the operationalization of sexual and gender-based violence activities related to conflict

The development of a bill to initiate sanctions against perpetrators of conflict-related sexual and gender-based violence

These two activities are part of a process to strengthen the protective environment of populations against conflict-related sexual and gender-based violence. These two important activities should be part of the process of revision of the penal code and procedural code underway at the CAR level under the leadership of the Ministry of Justice, the Promotion of Human Rights and Good Governance.

Indeed, a process of revision of the penal code and the code of criminal procedure led by the Ministry of Justice, Promotion of Human Rights and Good Governance is underway with the support of the European Union's technical assistance project. A workshop and exchange on the revisions of penal codes and criminal procedures was held on 11 and 14 November 2022. The purpose of the workshop was to gather input from stakeholders in the process of "modernizing the codes". In order to avoid a parallel process and to facilitate the consideration of concerns about sexual violence and BGLC, IRC will recommend to the ministerial strategic committee to link it to the ongoing process by the Ministry of Justice.

On the recommendation of the U.S. Office of Protection, IRC will provide technical support to the process of considering GBV in the process of revising the Criminal Code and Code of Criminal Procedure. This note identifies IRC's support in the process.

JUSTIFICATION FOR CONSULTANCY

IRC CAR is seeking a consultant to support the Penal Code revision process in partnership with the Central African Government. Part of this consultancy can take place remotely and another face-to-face at Bangui with travel on the territory. This process will be accompanied by an employee hired by IRC for the implementation of this draft revision of the penal code for the consideration of SGBVGLC.

Expected deliverables:

Several analyses will have to be carried out prior to the revision of the penal code. These analyses are preliminary steps in the review process. They provide evidence-based and objective data on the situation and propose recommendations that take into account desired changes for the integration of sanctions against perpetrators of conflict-related sexual and gender-based violence.

Development of an analytical framework to identify the needs for revision of the penal code for a more protective environment.

Literature review of secondary data to support the process of analyzing the existing GLVV legal framework in CAR.

Legal analysis of the 2020 penal code and its application: it will be done through reviews, interviews with key people, monitoring of processes and jurisprudence. IRC will engage a consultant to conduct this important initial analysis of CAR's current penal code environment to take stock of the consideration of GBV issues related to conflict.

Analysis of available GBVB data including GBVIMS

Analysis of all the actors involved in a process and their roles: it will make it possible to map (informal justice, police, health personnel, bar associations and legal support actors, etc.) and to determine the roles and responsibilities of each actor and each justice system, whether formal or non-formal.

Development of assessment tools, methodological framework for primary data collection on the issue of GBVB in CAR

Analysis of the needs of survivors of GBVBV, their perceptions and risks: this will be done through individual interviews, focus groups, key informant interviews with PAF program staff (the objective here being to promote, and set an example, from the beginning of a survivor-centred approach). It will involve staff from other organisations working on GBV issues related to the conflict.

Analysis of secondary and primary data and drafting of a legal analysis report on LSGBV containing clear recommendations for the criminal code revision process in CAR.

On the basis of the recommendations from the initial analysis report, the strategic committee for the fight against SGBGLC will be able to take steps with the Ministry of Justice leading the process of revision of the penal code for the integration of the recommendations into the penal code. This will be done through workshops with stakeholders to determine the need for changes in the penal code.

Available:

Preparation of workshop material with stakeholders, namely all actors in the judicial chain/legal process (police, health staff, lawyers at the bars, legal aid, legal association for women's assistance, judges and all members of the strategic committee to fight against SGBGLC.

Facilitate workshops to:

Determine the essential needs for changing the penal code in a participatory manner and establish a roadmap (timing, responsible persons, process...)

Determine the need for training/seminars to guide the amendment of the penal code on a survivor-centred approach, staff training (training curriculum for judges and lawyers...)

Draft Terms of Reference and a roadmap for the revision of the penal code at the end of the workshops

This activity is linked to BHA's objective 2 to organize training and seminars to strengthen the capacities of magistrates on the concepts of conflict-related gender-based violence in the logical continuation of the review. It aims to strengthen the awareness and knowledge of magistrates on issues of gender-based violence related to conflicts through the development of a training module for magistrates by a consultant.

Available:

Development of the training content through a consultant who will be hired by the strategic committee with the support of the staff hired by IRC.

Training for all actors in the criminal justice chain – Introduction of the content of the training in the training curriculum for judges and lawyers (official revision of the training curricula for judges, lawyers, etc. to take into account VSBGLC issues)

Resolve toset up a single system of data collection, sharing and referencing between legal services, and legal aid: objective of transparency & accountability at tr a towards the advocacy points formulated to the actors of VBGLC in CAR to have a good reading of gender-based violence at the country level.

Contribute to the Improvement of access to legal aid: towards concrete recommendations to stakeholders following the various analytical reports disseminated

Contribute to the establishment of a strategy that will be disseminated by the government throughout the country, particularly at the local level, of new laws with a particular strategy of links between informal and formal justice: dialogue sessions, meetings and trainings

Qualifications

Profile sought

At least a Master of Law, International Law

7 years of relevant experience working with the government in the revision of laws, with at least 4 years of experience in managing LC GBV projects in emergency situations.

Demonstrate a clear understanding of gender, human rights and gender-based violence against women and girls.

Experience working with and building capacity with national partners on GBVBV.

Experience facilitating trainings and workshops on responding to and preventing LGV LC.

Positive and professional attitude, including the ability to work with Magistrates, Lawyers and Ministry of Justice.

Strong ability to organize work, meet deadlines, keep cool, prioritize work under pressure, coordinate multiple tasks and maintain attention to detail.

Knowledge, skills and experience in participatory development methods and Access to Justice modules on LGOGLC.

Comfortable attending and facilitating meetings and representing LSBV issues.

Excellent interpersonal and problem-solving skills, creativity and flexibility.

Knowledge of English would be an asset

Candidacy

CV and cover letter

Methodological approach for the requested consultancy

Proposed work plan for the delivery of services

Proposal of Budget for the realization of the service provision

Added 1 year ago - Updated 10 months ago - Source: rescue.org