International Consultant on Justice for Children for Magistrate Training At Terre des hommes

Date: ASAP

Position based : Remotely and Baghdad

1. Terre des hommes (Tdh) in the MENA region

Tdh is a leading Swiss child rights agency present in the MENA region since 1973. Currently, Tdh operates in Lebanon, Jordan, Egypt, Palestine, and Iraq. Afghanistan and Pakistan belong programmatically and operationally to the MENA portfolio at Tdh as well. Within the region, Tdh has in place 3 specialized programs: (1) Access to Justice for Children and Youth, within which a ‘Gender Justice’ theme is carried out, (2) Children and youth affected by migration, and (3) Child and Maternal Health. Those programs, in addition to the specialized technical staff within each of them, are supported by a Child Protection Transversal Unit as well as a Quality and Accountability Unit.

More information can be found here: https://www.tdh.ch/en

2. Background: Justice for Children in Iraq & Tdh’s action

Since January 2019, Tdh has been a pioneering actor in justice for children programming in Iraq. Within the current Access to Justice program, Tdh aims at promoting justice practices which incorporates a restorative component as to provide appropriate solutions to (re)establish the concept of positive and child-friendly justice among offenders, victims and their communities, but also towards the stakeholders in country, from authorities to national civil society involved in child justice matters. The complementary objectives are to ensure (1) the application of strong legal principles such as specialized justice systems for children, diversion and alternatives to detention, (2) the best interest of the child at all stages of the judicial procedures including post-release/aftercare, (3) psychological, sociological and criminological theories that take into account the comprehensive development of children and youth, (4) the setting up of safe and effective reintegration pathways from the first contact with the justice systems till long after their release in order to ensure the continuum of care, sustainability and minimize the risks related to re-offending/recidivism.

Therefor Tdh activities mainly focus on providing specialized support to foster safe and sustainable reintegration processes for children in contact with the law and their families as well as reinforcing the child justice system through promoting their access to child-friendly legal aid, fostering synergies between formal and informal justice actors, reinforcing child protection community-based mechanisms, sensitize decision makers to practically improve child justice system in country and contribute to the training of Judges on specific child justice proceedings.

3. Objectives of the consultancy

The objective of the consultancy is to develop and lead a capacity building program for the High Judicial Institute of Iraq aiming at training practicing juvenile judges and newly recruited magistrates on the international standards and national legislation for a) children deprived of their liberty, b) the administration of juvenile justice and c) basic principles for child-friendly and gender-sensitive investigation and prosecution.

The training modules will be developed in consultation with national stakeholders and considering relevant international literature, Tdh publications, pre-existing training material. The International expert will co-create the training modules with a national consultant, expert in the Iraqi Juvenile Law. Each training module has to consider gender specific international standards and relevant literature for children in contact with the law in the counter-terrorism context.

4. Deliverables

The scope of work has 2 main objectives, as follows:

1^st Ob. Develop capacity building material on Justice for Children for the High Judicial Institute of Iraq

The related deliverables are:

a) Capacity building Manual

Manual made of 3 training modules:

1. International and national standards on the administration of juvenile justice;

2. International and national standards for children deprived of their liberty;

3. Basic principles for child-friendly and gender-sensitive investigation and prosecution;

b) Capacity assessment tool

The evaluation tool is developed to measure the acquired knowledge and capacity development of the participants attending the training (evaluation methodology to be define with the consultant and the Judicial Institute).

c) Training Toolkit

The capacity building manual comes with one specific training toolkit for each module. Each training toolkit includes at last the following elements: module profile explains the minimal training objectives, power point presentation for each training module, bibliography, exercise for a group discussion the module topic, one case study and one good practice (the content of the toolkit will be further detailed with the consultant and the Judicial Institute).

2nd Ob. Supervision and support of the magistrate training in collaboration with a national expert

The related deliverable is:

d) Final Training Report.

The consultant delivers the capacity building program in collaboration with the national expert and develop a final report on the activities implemented providing recommendations for future capacity building programs.

-1^stOb. Develop capacity building material on Justice for Children for the High Judicial Institute of Iraq

Deliverables : Capacity building manual + Capacity assessment tool + Training Toolkit

Tasks :

• Meeting with the A2J technical team (1 day)
• Coordination with the Judicial High Institute and the national expert (1 day)
• Research and desk review of the international standards and relevant literature (3 days)
• Developing the Manual based in the approved desk review and assessment tool (5 days)
• Developing the Toolkit (3 days)

Timing : 13 days

-2nd Ob. Support in the organization of a training for social workers and local NGOs on tailor-made tools and skills to use with detained youth

Deliverable : Final traning report

Tasks :

• Training program (5 days: 1 day a half for each training module and final morning for certification). Attending the training program to supervise the overall capacity building program and present the content related to the international standards.
• Development of the final report (1 day)

Timing : 6 days

5. Intended users

The Manual will be used by the Judicial Institute to train practicing juvenile judges and newly recruited magistrates.

6. Methodology

The technical proposal of the consultant has to include a desk review, consultation with external partners and collaborative work. The approach should be gender-sensitive and to be context-appropriate.

· Desk review: international standards and national legislation

Desk review has to consider, but is not limited to, the following international instruments : CRC and related protocols, CRC GC 24/2019, UNGA “Global study on children deprived of liberty,” A/74/136, 11 July 2019, CPMS, Beijing Rules, Havana Rules, Riyadh Guidelines, Bangkok Rules, Mandela rules, Tokyo Rules, Basic principles on the use of restorative justice, Guidelines on the role of Prosecutor.

· Consultations with external partners: Judicial Institute, relevant stakeholders and national expert

Relevant information on the national context and specific training needs are going to be identified through coordination meetings with representative of the High Judicial Institute and MoJ

· Collaborative work: Tdh team in Iraq

Deliverables and training material will align with Tdh A2J strategy and approach and harmonized with previous capacity building manuals and publication developed by Tdh for the MENA Region

7. Timeframe

The duration of this consultancy contract shall be for a maximum of 19 working days, between approximately end of August and December 2021.

The consultancy period will start from the agreement contract signoff date and will end once the final deliverables have been formally approved by Tdh.

The consultant shall submit within the technical offer a tentative work plan considering the timeframe planned for this consultancy and the deliverables as stated above.

8. Roles and responsibilities

Deliverables will be co-created with Tdh and the national expert. While the international consultant is responsible for the overall deliverables and the technical support provided on the international standards, significant contribution will be provided by the national expert concerning the Iraqi Juvenile Welfare Legislation. Tdh will be responsible for the approval of all deliverable developed by the consultant.

The capacity building program will be taught in Arabic; therefore, the national expert will deliver the training with the international consultant support. Translation into Arabic and the interpreting services during the training will be a responsibility of Tdh.

All training material needs to be developed and validated by Tdh in English before the translation into Arabic and their use for the training

9. Consultancy’s conditions

This consultancy is based in remote with mission in Baghdad for the training. If the consultant does not have the Iraqi citizenship, Tdh will support the logistic with accommodation in guesthouse and one return fight. The selected consultant will be required to use their own equipment to develop the deliverable.

It is compulsory that the consultant counts with and, thus, will be able to submit if selected, his/her registration under consultant status or equivalent.

Salary will be 9.500 USD (apx.) and payment will be done in Swiss Francs (CHF). Price offered by the consultant should be inclusive of value added tax. Consultants are liable for paying their taxes.

10. Profile of the consultant: qualifications and experience

· Advanced degree in Law, Human rights or similar and relevant to the consultancy’s scope. Juvenile Justice and Child Rights studies would be an advantage.

· Demonstrable experience (more than 5 years) in research/evaluation of training-related programs on children’s rights and juvenile justice.

· At least 5 years of experience implementing child protection and justice for childen programming in development and/or humanitarian settings, preferably in the Middle East and North Africa (MENA)

· At least 3 years of experience conducting and /or developing trainings for justice actors and judicial stakeholders

· Demonstrated experience/knowledge of juvenile justice and best practices related to the support of children deprived of their liberty

· Knowledge of international standards and best practices on Justice and justice for children.

· Demonstrable experience in program strategic design and program technical support in humanitarian and development contexts, with a focus on the MENA region

· Excellent English communication (quality writing and presentation)

· Ability to conduct high quality programmatic products, meet deadlines and respond to request and feedback provided timely and appropriately

· Respect for institutional values, processes, and rules

Mastery of the basic computer tools (Word, Xcel, PPT, etc.)