Promoting the rule of law as a conflict resolution mechanism (Home based, 25 working days) At International Commission of Jurists

Summary

The International Commission of Jurists (ICJ) is seeking qualified applicants to conduct a final evaluation for its project, Promoting the rule of law as a conflict resolution mechanism.

Overview of the ICJ

Composed of 60 eminent judges and lawyers from all regions of the world, the ICJ promotes and protects human rights through the rule of law, by using its unique legal expertise to develop and strengthen national and international justice systems. Established in 1952 and active on the five continents, the ICJ aims to ensure the progressive development and effective implementation of international human rights and international humanitarian law; secure the realization of civil, cultural, economic, political and social rights; safeguard the separation of powers; and guarantee the independence of the judiciary and legal profession.

Project Background

This project promotes the rule of law as an effective strategy to prevent an escalation in conflicts and help to overcome existing conflict. It builds on ICJ’s work in the region to support the rule of law and domestic implementation of international human rights standards. It has a specific focus on the promotion of the independence of the judiciary as it adjudicates economic, social and cultural rights (ESCR), the lack of which often causes or aggravates violent conflict and instability. The geographical focus is Southern Africa and the three neighbouring countries of South Africa, Lesotho and Eswatini in particular. The COVID-19 pandemic, which is currently increasing rapidly in Southern Africa, has already had a disastrous impact on economies and livelihoods, while the enforcement of lockdown regulations have been associated with widespread human rights abuses by the authorities and in homes where there has been a spike in SGBV cases. The pandemic has focused attention on the failure of governments to provide basic services to many communities. At the same time, it has become more difficult for communities to access courts and engage in advocacy under the current circumstances. The pandemic therefore further heightens the potential for conflict around access to ESCR and increases the urgency of efforts to resolve such conflicts within a rule of law framework.

The overall objective of the project is to promote legal mechanisms for the resolution of conflict through the enhanced ability of courts to act as just arbiters in conflicts over access to resources, services and rights. In order to achieve this, the project (specific objectives):

1. Strengthen the capacity of judicial officers in South Africa to adjudicate ESCR in accordance with international law and standards;
2. Enhance the capacity of judges in Lesotho and Eswatini to assert their independence by adjudicating ESCR in accordance with international law and standards;
3. Develop the capacity of civil society and the media in Eswatini to counter SGBV and discrimination women face in accessing ESCR.
4. Reinforce the ability of civil society and Human Rights Defenders (HRDs) in South Africa, Lesotho and Eswatini to pursue the protection and promotion of ESCR by accessing justice through rights based advocacy and litigation.

Evaluation Overview

The primary users of the evaluation report will be the ICJ and partners’ staff and consultants (in particular the Africa Region Programme project team) who will use the findings and recommendations to inform any adjustment to the strategies and future programming in the country, region and beyond. The secondary users will be the Legal and Policy Office, and the ICJ Program Management and Donor Relations team who may also refer to the conclusions and recommendations to respectively inform changes to the ICJ’s approach and to program management in general (from design to monitoring and closure). The institutional bilateral donor supporting this project may also use some of the findings to reflect on its support for CSO related programs.

Objectives and criteria

The general objective is to assess the effectiveness of the project’s approach and the sustainability of the achieved outcomes; in addition, the ICJ is interested in informing its future programming in the region. As such, the evaluation should assess the achievements of the project against its stated outcomes, including a re-examination of the relevance of the expected results and of the project design. It shall also identify significant factors that are facilitating or impeding the delivery of outcomes. The evaluation should follow the project planning logic in terms of: the outcomes per identified key actor and the positioning of this project in the wider conflict context (as described in the application form).The evaluation should have a strong learning objective. It should reflect on what has worked and what has not worked so well, and identify lessons and ways to enhance the project relevance, effectiveness and impact. It is expected to lead to concrete, specific recommendations and lessons learned for the future. Below are some proposed evaluative questions for each stated evaluation criteria:

Relevance

· How appropriate the project concept and design is to the current context in the focus countries?

· How responsive the project has been to the operating environment in the region?

Effectiveness

· Were the outputs managed properly to enable achievement of the intended outcomes?

· What were the major factors influencing the achievement or non-achievement of the objectives?

· How well the project partnerships have worked?

Trends of impact and sustainability

· Is there evidence that changes among the targeted CSOs and judges are being transferred to their daily activities as well as to the broader community in Lesotho, South Africa and Eswatini.

· How did the intervention cause or is likely to cause higher-level effects (such as changes in norms or systems)?

The ICJ’s Program Manager and MEL Officer will review the methodology proposed by the evaluator. Ideally, it will include (i) a desk review of pertinent project documents and records (including the project proposal, logical framework, amended project documents, quarterly reports, and various records containing monitoring data); (ii) remote data collection /: considering that field visits will not be possible due to COVID-19 pandemic and subsequent restrictions, online communication will be privileged. The primary data should involve mixed quantitative and qualitative research methods – including but not limited to interviews with project staffs, project partners, targeted CSO, event participants, lawyers and other target groups; quantitative survey with project beneficiaries. Project activities will conclude by 31^st of December, so direct observation of program activities may be possible.

Evaluation Implementation

The evaluation should take place in November and December 2021, with the final deliverables due and contract concluding by the 31^st of December 2021.

The ICJ staff will provide logistical and technical support as appropriate throughout the evaluation process (compilation of project documents, assisting with scheduling meetings / interviews if desired, etc.).

A total of up to 25 working days will be available for:

• Evaluation preparation (including finalizing the evaluation methodology, performing the initial desk review of project materials, creating and testing data collection tools, compiling a brief inception note);
• Remote data collection;
• Data analysis and synthesis (including transcription, data aggregation, writing a draft report, presenting findings to the ICJ, and incorporating feedback from the ICJ and its partners into a final report).

The final deliverables for this evaluation will include:

• A inception report and evaluation plan (due to the ICJ for approval within the first 5 working days–prior to the beginning of online interviews and meetings);
• A draft report detailing key findings, supporting evidence, and pragmatic recommendations (due to the ICJ Program Manager and MEL Officer for feedback within 25 days)
• A final report incorporating all relevant feedback to the ICJ and its partners, and including an executive summary or fact sheet to be distributed with additional stakeholders. The final report should provide brief, clear and pragmatic conclusions and recommendations, including: the degree to which the project outcomes are likely to be delivered; important lessons that can be drawn from the experience of the project and its results to date; general recommendations on improving implementation for the remainder of the project; and recommendations on further action upon completion of the current project.
• One oral presentation of key findings by Skype or another online platform with relevant ICJ staff after submission of the written draft report).

Application Guidelines

The selected consultant should have demonstrated expertise in results-based project evaluation and familiarity human rights programming. Previous work experience in Africa region is required. Additional information about desired qualifications is listed below:

• Bachelor’s degree in social sciences, political sciences, international law, international relations, human rights, or related field (Master’s degree strongly preferred);
• Minimum 4–6 years of experience in designing, overseeing, and implementing project M&E or combination of education, training and experience;
• Experience with qualitative and quantitative M&E data collection and analysis methods;
• Experience in working in politically sensitive countries and ability to maintain security and confidentiality considerations throughout the evaluation process and beyond;
• Excellent inter-cultural communication skills and ability to forge strong cross-cultural relationships and build trust;
• Strong facilitation, presentation, and communication skills;
• Strong ability to communicate effectively in English, both verbally and in writing;
• Team player with the ability to closely collaborate with the ICJ staff, local partners, and project stakeholders.