Jobs - 57767- Facilitate the Expansion of the Complaints Desk an

Facilitate the Expansion of the Complaints Desk and a Know your Rights’ Campaign for the Directorate of Public Prosecutions.

Location :

Kampala, UGANDA

Type of Contract :

Individual Contract

Starting Date :

Application Deadline :

06-Jul-15 (Midnight New York, USA)

Post Level :

National Consultant

Duration of Initial Contract :

30 days

Languages Required :

English

Expected Duration of Assignment :

30 days

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence. UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

Background

The 1995 Constitution of Uganda guarantees the protection and promotion of fundamental and other human rights and freedoms. The rights would however be meaningless without avenues to seek redress when they are breached. In line with that, the Government has an obligation to undertake prompt, thorough, independent and impartial investigations of human rights violations, and to take appropriate measures in respect of the perpetrators, particularly in the area of criminal justice, to ensure that those responsible for the violations are prosecuted, tried and duly punished.

The Government of Uganda has vested the authority to conduct criminal prosecutions to the Directorate of Public Prosecutions (DPP), under Article 120 of the 1995 Constitution. The DPP is mandated to prosecute all criminal cases in the country on behalf of the State, and institutes criminal proceedings in all courts except in the Court Martial.

The DPP has undertaken several measures to more competently fulfill its mandate. Importantly, the DPP has among others:

Established 12 Regional Offices at all High Court Circuits in Uganda;
launched a Client Charter which is aimed at holding the Directorate accountable to victims, complainants, and the public as a whole;
Introduced an electronic Case Management System;
Recruited 90 state attorneys in March 2015, its largest single recruitment to date, and is aiming to recruit more Attorneys in the next financial year. The newly recruited state Attorneys are to be mainly deployed in field stations of the Directorate. The Directorate has been experiencing a shortage of staff in most field stations which is one of the contributions to the problem of case backlog and low conviction rates in courts of Laws;
A good number of state Attorneys in the Directorate have been promoted to higher ranks ranging between state Attorney to Senior Principal State Attorneys;
The Directorate is undergoing a process of restructuring, the first of its kind ever since it’s coming into operation. This is aimed at widening the structure of the DPP to give room for career development and expansion.

Rationale of the Consultancy

In order for rights holders, especially women, children, people living with disabilities, minorities, and other marginalized groups, to be able to demand their rights and hold duty bearers accountable, they must have equal and effective access to justice. Access to justice refers to the ability of people to seek and obtain a remedy through formal or informal institutions of justice, and in conformity with human rights standards.

Access to justice has its foundation in provisions of international law that address the equality of people before the law, their right to equal protection under the law, and their right to be treated fairly by a tribunal or court. Access to justice is itself a fundamental human right as set out in Article 8 of the Universal Declaration of Human Rights. For the right to access to justice to be truly enjoyed, a number of other human rights must also be protected, such as the right to information, the right to physical safety, the right to confidentiality and the right to privacy. Access to justice is therefore fundamental to a fair and inclusive society and a central tenet in addressing disadvantage and inequality. Inadequate protection of human rights, poor access to legal services and other inequities in the legal system can have far-reaching consequences for people who are already experiencing disadvantage or in crisis.

In order to enhance access to justice for all persons the DPP has instituted, among other measures, the creation of Complaints’ Desks in each station. The main Complaints’ Desk is based at the DPP Headquarter. Complaints can be lodged and received preferably in writing at the office of the Resident State Attorney in any station, who has a duty to handle the complaint and advise on the way forward, in the event the RSA doesn’t handle the complaint to the satisfaction of the complainant, the complainant can further their complaints to the office of the Regional Senior Principal State Attorney of the relevant region, and if still the complainant is not satisfied, the complaint can finally be brought to the attention of the complaints desk at the DPP Headquarters.

After thorough research and consultations and from experience, it has however been found important to transform the Complaints Desk into a Victims’ Rights Desk. This is so because the Complaints Desk not only handles issues that have been raised by the aggrieved parties or their representatives or interested parties, but also at a very large scale, the Desk handles victims of crimes and in a way most of them require guidance on the laws and their rights as victims of crime and procedures, counseling explanation on the way forward after a case has been instituted by them.

The Complaints/ Victims’ rights Desk is faced with a number challenges/ short comings including but not limited to;

Lack of knowledge by the public on the existence of the complaints desk at every station of the DPP offices;
Some of the staff lack skills to handle victims e.g. counseling;
The desks lack adequate operational funding; and
The feedback mechanism is not clearly laid out; among others.

In an effort to address the above shortcomings, the following recommendations can be put into consideration,

Public awareness programs on the availabilities of the Complaints/Victims’ Rights Desks and where/ how they can easily access them;
Sensitization of the public on the roles of the complaints/ victims’ rights desks;
Providing adequate funding and facilitation for the operation of the desks; and
Streamlining the feedback mechanism.

In Uganda, it has also been noted that most victims, accused persons and the society in general, are not aware of their rights and how or where to claim them. This impedes their effective access to justice. Indeed, despite the strides made by the DPP as explained in the introduction, access to justice remains challenged. To take steps towards addressing these challenges, the DPP, with the support of the Office of the High Commissioner for Human Rights (OHCHR), is undertaking a ‘know your rights’ campaign. The campaign is aimed at: enhancing access to justice for all people, especially women, children, people living with disabilities, minorities, and other marginalized groups; enhancing customer care systems and public awareness of DPP services and citizen rights; and promoting ethics and accountability within the DPP.

The ‘know your rights’ campaign will consist of several components including:

expanding the complaints desk to cater/include victims’ concerns;
developing, publishing and disseminating 'know your rights' pamphlets;
holding a one day meeting/event to publicize the expanded complaints desk, the ‘know your rights’ pamphlet, as well as to publicize other new developments/crucial aspects in the DPP.

Scope of Work

Under the overall leadership and supervision of DPP and OHCHR, a national legal consultant will be recruited to perform the following tasks:

Prepare an inception report which will include a:

Detailed action plan of how the consultancy will be conducted (materials and jurisdictions to be researched, list of proposed stakeholders to interview including those outside the DPP, suggestions on missing areas of focus if any, timelines, etc.),
Draft outline and related scope of work of the concept paper on the proposed expanded complaints’ desk;
Draft outline and related scope of work of the ‘know your rights’ pamphlet; and
Any other relevant aspects.
Conduct background desk research and review of existing national, regional and international laws, publications and legal writings, to comprehensively identify the needs and rights of victims, and the relevant international human rights law standards and principles that apply to them; and prepare compilation of findings from the research and review;
Conduct comparative desk research of different countries/systems that have victims’ desks or their equivalent, and pamphlets/documentation/documentaries or in any other form for victims/accused persons, and prepare a compilation of best practices, lessons learnt and suggested proposals/recommendations from them;
Conduct and share findings of an in-depth review of the existing complaints desk system at the DPP to understand what it entails including the feedback mechanism, and to determine whether it adequately addresses the needs of accused persons, and whether if expounded, would also adequately cater for the needs of victims as well.

This will include:

Holding meetings and interviews with key stakeholders, including those outside the DPP, to gather relevant information and provide informed advice on how the feedback mechanism can be streamlined, on whether and how the Complaints’ Desk could be expanded to cater for victims’ needs, or whether a new sustainable system should be proposed that adequately caters for both accused persons and victims – share findings from meetings and interviews;
Develop a concept paper on the proposed expanded complaints’ desk system including concrete proposals of how best and sustainably the current system can be expanded;
Develop a ‘know your rights’ pamphlet aimed at victims, witnesses, accused persons and relevant interest groups. Pamphlet will serve as advocacy tool for rights awareness and to share information on the structure and relevant new developments within the DPP. Contents of pamphlet will also be informed by relevant international human rights law standards and principles, and the best practises and lessons learnt identified from the desk research;
Prepare and facilitate a ½ day internal meeting with DPP and other key stakeholders to validate research and review findings, draft ‘know your rights’ pamphlet, and the proposed expanded Complaints’ Desk (Victims’ Rights Desk). This includes identifying and compiling relevant materials that will be necessary for the meeting;
Facilitate a 1 day public event/meeting to disseminate the pamphlet and raise awareness of related relevant issues. This includes identifying and compiling relevant materials that will be necessary for the meeting; and
Prepare final report on consultancy and share finalized copies of the different reports/papers produced during the consultancy incorporating feedback and suggestions.

Duties and Responsibilities

The main objectives of the consultancy are to provide concrete informed proposals of how the existing Complaints’ Desk can be expanded to cater for victims’ rights, and to develop a ‘know your rights’ pamphlet, both of which would take into consideration international human rights standards and best practices aimed at improving access to justice for all people, especially women, children, people living with disabilities, minorities, and other marginalized groups.

Consultancy Implementation Arrangements

The consultant will:

Report to the DPP Focal Point and OHCHR Human Rights Officer;
Work from his/her office premises and where needed will be facilitated through the DPP Focal Point to gain access to relevant stakeholders for consultations;
Transport and related costs to fulfil the consultancy, including meeting with relevant stakeholders are covered in the total cost of the consultancy;
Consultancy activities will be conducted within Kampala.

Competencies

Vast knowledge of national, regional and international human rights instruments dealing with victims’ rights and issues;
Ability to recognize and incorporate relevant gender principles and considerations in all aspects of work;
Demonstrable competence and professionalism in working with senior legal officers and prosecutors.

Required Skills and Experience

Education:

Advanced university degree (Master’s degree or its equivalent) in international law, international human rights law, international comparative law, or a related area.

Experience:

At least 7 years of combined substantial experience in human rights, criminal law, accountability mechanisms, legislative reform, and handling victims’ rights and issues. Experience in teaching and training legal professionals will be an added advantage;
Strong experience and proven record in facilitating workshops, meetings and conferences;
Experience at a national level working with prosecutorial bodies, judicial institutions, investigation bodies or law enforcement agencies dealing directly with victims or witnesses of human rights or criminal abuses;
Conducting extensive legal research, analysis and drafting of reports, concept papers, and legal publications on international human rights law;
Conducting comparative research, analysis, identification and compilation of international best practices and strategies on dealing with victims and accused persons within a criminal process;
Facilitating expert meetings and technical trainings, as well as serving as a resource person, for senior legal officers including Prosecutors.

Core Skills

Excellent research, analytical and drafting skills;
Excellent oral and written communication skills, including the ability to communicate legal standards and principles to diverse audiences including those of a non-legal background in a clear persuasive manner.

Language:

Fluency in oral and written English.

Price Proposal and Schedule of Payments

Payment shall be by the lump sum modality in the following 1 instalment of 100%, after receipt and approval of the final delivery. These shall be all inclusive and the contract price is fixed regardless of changes in the cost components.

Evaluation Method and Criteria - Cumulative analysis

The award of the contract shall be made to the individual consultant whose offer has been evaluated and determined as:

Responsive/compliant/acceptable; and
Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation;
Technical Criteria weight; - 70%;
Financial Criteria weight; - 30%.

Only candidates obtaining a minimum of 49 points (70% of the total technical points) would be considered for the Financial Evaluation

Evaluation Criteria:

Technical Proposal (Maximum 70 points):

Relevance of education – 5 points;
Language skills – 5 points;
Experience and competence - 30 points;
Interpretation of the assignment, methodology and work-plan – 30 points.

Documents to be included when submitting the proposals

Interested individual consultants must submit the following documents/information to demonstrate their qualifications in one single PDF document on this jobs website:

A technical proposal containing:

Brief description of why the individual considers him/herself as the most suitable for the assignment;
A methodology, on how they will approach and complete the assignment;
Detailed work-plan;
Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP (Annex II);
Personal CV or P11, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Candidate and at least three (3) professional references.

Financial proposal:

For any further clarifications, please contact; justine.naiga-bagonza@undp.org, Fredah.zawedde@undp.org and diana.nabbanja@undp.org;
Financial proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs, as per template provided (Annex II);
Annexes 1 and II - may be downloaded from the UNDP Procurement Notices Website - http://procurement-notices.undp.org/ - under reference # 23362. For further clarifications, please contact; fredah.zawedde@undp.org; justine.naiga-bagonza@undp.org and diana.nabbanja@undp.org;
Interested applicants should submit applications through uploading of all their required documentation in one single pdf document on this website only.