Antecedentes

The European Union (EU) and the GoN have entrusted to UNODC the responsibility to implement Project NGAV18 –“Support to the Justice Sector in Nigeria”. The project is currently being implemented at the Federal level and in ten (10) pilot States namely Anambra, Bayelsa, Benue, Cross River, Imo, Osun, Katsina, Lagos and Yobe and the Federal Capital Territory. The projects expected outcomes include supporting the efforts of the Nigerian Government to improve justice delivery through: i) Effective coordination and cooperation among justice sector institutions, with improved legal and policy framework; ii) Enhanced operational structures and capabilities of officials in the sector and; iii) Increased access to justice and respect for human rights and the rule of law, especially for disadvantaged and vulnerable groups. It will also improve mechanisms for accountability and engagement of civil society with justice institutions, thereby enhancing respect for human rights and public trust in the justice system.

Purpose of the assignment:

The consultancy is designed to support UNODC in the preparation and conduct of an Annual Justice Sector Reform Conference (AJSRC) including preparation of the background materials for the conference and facilitation of preparatory and follow up activities for the conference itself which is aimed at addressing the following problems:

Limited accountability, access to justice and compliance with human rights standards:

The justice sector is expected to be a safeguard for citizens’ rights. Though there are constitutional guarantees in the Nigerian constitution and international treaties signed by Nigeria, there are reports of cases of torture and extra judicial executions, detainees are kept in inhumane conditions; and corruption is prevalent among justice sector personnel. Overall, the public perception is such that the criminal justice institutions should be avoided. This perception results in people taking the laws into their hands and applying instant jungle justice on suspects. Although the informal (traditional) justice system offers many poorer people an opportunity to resolve disputes, unfair treatment and discrimination against women, children and other disadvantaged groups are widely reported in the system. This is more so because many in this group cannot afford the services of lawyers and are more likely to end up in detention. According to the Nigerian Prisons statistic as at June 30 2014, over two third of Nigeria’s nearly 56,785 prison inmates were pre-trial detainees. Many had been held for years awaiting trial in appalling conditions. Few could afford a lawyer and the government-funded Legal Aid Council had only 122 lawyers for the whole country.

Long Delays in the administration of justice and Pre-trial detention:

While the average time it takes the justice system to dispose of cases has considerably improved since 1999, backlog and undue delays in the trial of criminal cases and resolving civil disputes remain key problems in the sector, and is one of the main causes of the very high number of pre-trial detainees in Prisons. As of April 2011, of the 48,632 Prison inmates, 34,819 or 72% were awaiting trial, with an average duration in custody of 3.7 years between arrest and commencement of trial. According to the Public Relations Office of the Nigerian Prisons Service, in some city based Prisons like Enugu, Kirikiri Lagos or Kano, 95 per cent of inmates are awaiting trial.  According to the Nigerian Prisons Statistics as at 30th June, 2014,  total number of inmates in custody stands at  56,785, out of which the total number of inmates convicted is 18,042 (31.7%) while the remaining 38,743 (68.2%) are awaiting trial inmates.

Pre-trial detention periods of over 10 years of persons accused of capital crimes are not uncommon. Key reasons include a lack of coordination among stakeholders thus increasing bottlenecks in the penal chain; the use of outdated and complex laws and procedures; inadequate management of detainee information hindering individual cases and weakening analysis and institutional responses; delays in Police investigations, etc.

Most justice sector actors are unaware of the provisions of the International Covenant on Civil and Political Rights (ICCPR) and other United Nations rules, guidelines and regulations which provides for the limited use of pre-trial detention to apply only when certain conditions are present. Efforts made including by the Federal Government in the past to tackle this problem have largely proved unsuccessful, ad hoc, and unsustainable. The project plans to organize this conference to discuss the problems and proffer practical solutions that would be implemented towards solving the identified problems as well as addressing the issue of prolonged pre-trial detention in Nigeria and sharing of experiences on ongoing efforts to reform the justice sector. Key element of this assignment is on developing clear and implementable strategies that will address these problems in a sustainable manner. Thus the consultant is also expected to facilitate a series of follow up activities aimed at implementing practical ways of reducing pre-trial detention and other forms of violations of human rights in the justice system.

Deberes y responsabilidades

Under the supervision of the Project Coordinator and in direct consultation with the designated project staff, the incumbent will perform the following tasks:

Tasks related to the preparation and implementation of the AJSRC Conference:

• Prepare a background paper on the theme “Human Rights and Pre-Trial detention in Nigeria: Structures, Challenges and Way Forward” to be presented and discussed further at the conference;
• Participate in the meetings of the steering committee leading up to the conference where the venue, speakers, sub-themes, invitees and an agenda for the conference would be decided;
• Work closely with the UNODC project team and the government partners to agree on the methodology and topics for the conference;
• Support preparations for the organization of the AJSRC Conference and support the conference as a resource person;
•  As a follow up to the AJSRC Conference, develop Draft Guidelines on Community Service, Victim - Offender Mediation (Restorative Justice) and Probation in line with international good practices and the ACJ law and organize a roundtable on promoting Alternatives to Imprisonment in Nigeria;
•  Develop Practice Manual on building effective stakeholders partnership and coordination of Pro Bono legal Aid Clearing House project and organize nine (9) state-level or, alternatively and to be decided together with the consultant and stakeholders, three regional based workshops to build effective partnerships and coordination to help strengthen / enhance the LACON National Pro Bono Legal Service Clearing House project;
• Develop Guidance Manuals for the Nigerian Prison Service for assisting vulnerable Prisoners including best practices on the implementation of the Mandela and Bangkok Rules and on handling of persons living with disabilities as well as organizing relevant review workshops with stakeholders and training of trainers for prison officers on these Rules and the Guidance Manuals. This will also include the development of Draft Pre – Trial Detention Guidelines/ Guidance Note for Prisons and Other Detention Centres on the Effective Implementation of the ACJ Act/Law and relevant international and local laws and regulation;
•  Finalize the development of a Five-Year National Legal Aid Strategy, on the basis of the “Summary of the Highlights and Recommended Issues to Consider in Developing a Strategic Plan for Legal Aid Services in Nigeria” in close collaboration with LACON and organize the following activities in support of adoption and implementation of the strategy.
• One validation workshop for 20 participants to finalize the draft strategy
• Two meetings of the technical committee set up during the workshop for the drafting of the strategy.
• One national workshop to set up the network of legal aid providers
• Support three training workshops to build capacity of LACON staff, including capacity of administrative staff to act as paralegals (3 training workshops, 3 days, 40 participants each) and development of relevant resource materials for the training.

 Expected outputs/Deliverables

• Output A: One background paper for the AJSRC prepared and approved by UNODC and a Report of Conference Proceedings with Papers presented at the conference submitted to UNODC;
• Output B: Practice Manual on building effective stakeholders’ partnerships and coordination for the LACON National Pro Bono Legal Service Clearing House project developed. Regional or state level workshops completed and report reflecting participation and support of various stakeholders (e.g. the Judiciary, Ministry of Justice, Prisons, Police, NBA, FIDA, NGOs, FBOs, etc) towards the implementation of the National Pro Bono Legal Service National Clearing House project produced;
• Output C: Guidance Manuals/Guidelines for the Nigerian prison service for assisting vulnerable Prisoners[i] including best practices on the implementation of the Mandela and Bangkok Rules and handling of vulnerable prisoners/special needs offenders/ persons living with disabilities developed and relevant workshops with stakeholders and training of prison officers on these documents organised;
• Output D:  Five - Year Legal Aid Strategy developed in close consultation with LACON, submitted to UNODC, and contributed towards the implementation of the strategy through organising a workshop for the establishment of network of legal aid providers and training of LACON administrative staff as paralegals and relevant training resource materials developed.

 Only applicants who score an aggregate of 70% or more marks will be required to submit a finacial proposal accordance with the UNDP rules of procurement of individual consultants.

Competencias

• Good drafting and report writing skills;
• Good computer skills and knowledge of office software packages;
• Good interpersonal skills;
• Ability to work in a multicultural environment.

Habilidades y experiencia requeridas

Education:

• Minimum of an Advanced University degree (Master’s Degree, a PhD degree will be an advantage) in law, criminology, criminal justice, prison studies, social sciences or other related s field.

Experience:

• Minimum of  10 years of progressively responsible professional experience  in the relevant area (Justice Sector Reforms, or  work in the area of prison/judicial/police reform);
• Proven experience and knowledge of the Nigerian criminal justice system and at least eight years’ experience of working with the Nigerian prisons service and the Legal Aid Council of Nigeria on reform projects especially in the development of training manuals, handbooks, guidelines and policies and in presenting on relevant topics at national and international conferences;
• Previous experience with the United Nations System, European Union funded projects or other international organisations would be an asset.

Language:

• Fluent in English.