INTERNATIONAL CONSULTANT ON JUSTICE FOR CHILDREN (IRAQ): DEVELOPMENT OF TRAINING CURRICULUM FOR MAGISTRATES (SPECIFIC EXPERIENCE ON INVESTIGATIONS & P At Terre des hommes

POSITION BASED: Home-based and travel to Baghdad for the training delivery (Tdh will provide translation services).

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’ specialized programmatic thematic 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, witnesses 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.

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, 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, and providing specialized capacity building to juvenile judges pertaining to different stages/practices of child justice proceedings.

3. OBJECTIVES OF THE CONSULTANCY

The objective of the consultancy is to technically develop 3 modules of a capacity building curriculum for the High Judicial Institute of Iraq aiming at training practicing juvenile judges and the incoming magistrates on the international standards (with references to the national legislation) pertaining to:

• The administration of juvenile justice (Module 1)
• Children deprived of their liberty (Module 2)
• Principles of child-friendly and gender-sensitive investigation and prosecution (Module 3).

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 be supported (review) by 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 counter-terrorism contexts.

Modules 1 and 2 will be mainly based on the material pre-identified/published by Tdh and fine-tuned with literature for children in contact with the law in the counter-terrorism contexts. Module 3 will be developed based on the research and desk review developed by the consultant. This module will provide the main elements of the judicial competency-based framework and practices to investigate and prosecute children and youth involved in national security/terrorism-related offences; hence concrete previous experience on the topic is required.

4. DELIVERABLES

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

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

The related deliverables are:

a) Desk review and table of content for each of the 3 modules (inception report)

The desk review will explore the relevant literature with a specific focus on children and youth accused or convicted for terrorism related offences and detailed table of content for the capacity building curriculum.

b) Capacity building Curriculum (3 Modules)

As per modules highlighted above (3).

The capacity building curriculum would include at least: module profile explaining training objectives, content (Word document), Power Point presentation for each module, bibliography, 2 group exercises, 1 case study and 1 good practice.

c) 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).

• 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.

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

-Deliverables : Desk review and table of content; Capacity building Curriculum and assessment tool.

-Tasks : Meeting with the A2J technical team (0,5 day) (remote); Coordination with the Judicial High Institute and the national expert (0,5 day) (remote); Desk review on the international standards, relevant literature and table of content (4 days) (remote); Developing the curriculum based on the approved desk review and assessment tool (10 days) (remote).

-Timing : 13 days.

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

-Deliverable : Final Training Report.

-Tasks : Training program (5 days: 1,5 day 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. (in country); Development of the final report (2 day) (remote).

-Timing : 6 days.

IT IS POSSIBLE FOR THE INTERNATIONAL APPLICANT TO SUBMIT AN APPLICATION FOR THE OBJECTIVES 1 AND 2 TOGETHER, OR ONLY FOR OBJECTIVE 1.

5. INTENDED USERS

The Curriculum 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 and collaborative work. The approach should be gender-sensitive and to be context-appropriate.

• Desk review: Juvenile justice and counterterrorism international and Iraqi legal frameworks and judicial practices using a comparative approach. 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 Prosecutors – OHCHR.

The main part of the desk review will be dedicated to investigation and prosecution. It should explore the following key concepts: objective elements of the crime and how to prove them appropriately, modes of liability, contextual elements of the crime, mitigating harm during investigation procedure, investigation plan, the integrity of the evidence collected, collecting additional information, analyzing evidence and information, multidisciplinary assessment of the case, age and gender-appropriate witness protection framework, reintegration approach in the judicial conviction stage, reparation and remedies for victims, ‘Ex officio’ prosecution, appearance in trial and testimony including hearing, secondary victimization and its impact in the judicial conviction stage: what to assess, main elements of a ‘fair trial’ and post-trial: follow up.

Based on the desk review/Tdh publications and materials for Modules 1 and 2, the international consultant will propose a table of content for the three training modules.

• Collaborative work: with Tdh team in Iraq and MENA regional team

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. The Desk review will be validated by Tdh before developing the table of content in collaboration with the country office in Iraq and the MENA regional justice program team.

7. TIMEFRAME

The duration of this consultancy contract shall be for a maximum of 22 working days, between approximately September to December 2021. If apply only for Objective 1 (remote work pertaining to the development of the 3 modules) maximum days estimated are 15 working days.

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

While the international consultant is responsible for the development of the deliverables, a national consultant and Tdh teams will be providing technical support. Tdh will be responsible for the approval of all deliverables developed by the international consultant.

The capacity building program will be taught in Arabic; therefore, the international consultant would deliver the training on the international standards with the support of the national expert. 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 remote with a mission to Baghdad for the training (if application is submitted for Objective 1 and Objective 2). Tdh will support the logistics (flight, transportation, visa, accommodation in guesthouse and daily perdiem). The selected consultant will be required to use their own equipment to develop the deliverables.

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.

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/capacity building on children’s rights and juvenile justice/child justice.

· Experience in the Middle East on the topics related to the consultancy would be an important advantage.

· 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.)