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Consultancy to Develop Plea Bargaining Guidelines for Prosecutors in Gender Based Violence and Violence Against Children Cases in Uganda
|Advertised on behalf of :|
|Location :||Kampala, UGANDA|
|Application Deadline :||24-Sep-19 (Midnight New York, USA)|
|Type of Contract :||Individual Contract|
|Post Level :||National Consultant|
|Languages Required :||English|
|Starting Date :|
(date when the selected candidate is expected to start)
|Duration of Initial Contract :||30 Working days|
|Expected Duration of Assignment :||30 Working days|
UN Women, grounded in the vision of equality enshrined in the Charter of the United Nations, works for the elimination of discrimination against women and girls; the empowerment of women; and the achievement of equality between women and men as partners and beneficiaries of development, human rights, humanitarian action and peace and security.
The Office of the Directorate of Public Prosecutions (ODPP) is established and mandated under Article 120 of the Constitution of the Republic of Uganda and the Directorate of Public Prosecutions Act to institute and handle all criminal proceedings against any person or authority. In fulfilling its mandate under the constitution, the ODPP is guided by international, regional legal regimes to which Uganda is a signatory. To adequately prosecute cases of Gender Based Violence (GBV) and Violence Against Children (VAC) cases the ODPP has established a Department of Gender Children and Sexual Offences.
UN Women through financial support from the EU-UN Spotlight Initiative to Eliminate Violence Against Women and Girls in partnership with the Office of the Director of Public Prosecutions (ODPP) is launching this call for applicants to develop Plea Bargaining Guidelines for Prosecutors with detailed charges and sentencing bargaining ranges for Gender Based Violence and Violence Against Children cases.
Uganda has ratified international and regional instruments and conventions that provide for protection of women and children. These include: the 2030 Agenda for Sustainable Development; the Convention on Elimination of all Forms of Discrimination Against Women (CEDAW); the Convention of the Rights of the Child (CRC) 1992; the Beijing Declaration and Platform for Action (1995); the Declaration on Elimination of Violence Against Women (DEVAW, 1993); the 57th Session of the Commission on the Status of Women; Africa Agenda 2063; United Nations Security Council Resolution (UN SCR) 1325 on Women, Peace and Security; UN SCR 1820 on Sexual Violence in Situations of Armed Conflict; the International Conference on the Great Lakes Region Protocol (ICGLR, 2006); and the African Charter on the Rights and Welfare of the Child. Uganda also has put in place national laws and policies on GBV and VAC including: The Constitution (1995); Domestic Violence Act 2010 (DVA) and its regulations (2011); Prohibition of Female Genital Mutilation Act 2010 and the Regulations (2011);Prevention of Trafficking in Persons Act 2009; the amended Penal Code Act Cap 120, National Policy on the Elimination of GBV (2016) and its Action Plan; the 2006 Persons with Disabilities Act, the Children’s (Amended) Act 2016.
Gender Based Violence and Violence Against Children is highly prevalent and normalised. The prevalence of physical violence experienced by women in Uganda stands at 51%, far above the African average of 37.7%. This violence is perpetrated in both the public and private spheres. According to the 2016 Uganda Demographic Health Survey (UDHS 2016), 49% of women and 41% of men believe a man is justified in beating his wife in certain circumstances. The Uganda Violence Against Children Survey (2015) found that 35% of females and 17% of males between the ages of 18 to 24 have experienced sexual violence—with 59% of females and 68% of males reporting physical violence during childhood. These statistics are corroborated by the Annual Police Crime Report which shows that domestic violence, rape and defilement are consistently among the highest forms of crimes reported to the Police in Uganda at 20% in 2017 and 13% in 2018. However, the conviction rates for GBV and VAC cases remains too low to deter perpetrators from committing these crimes. For example, conviction rates for domestic violence was 28%, followed by defilement at 15% and rape was 2% in 2018 according to the Annual Police Crime Report.
In May 2014, the judiciary of the Government of Uganda introduced the plea-bargaining initiative to address the case backlog of criminal cases and extensive pre-trial detention of accused persons. At that time, over 38,000 inmates were occupying facilities with a capacity for 15,000, making Uganda’s prison system the most congested in East Africa states the World Prison Brief, Uganda Overview, Int’l Center for Prison Studies, http://www.prisonstudies.org/ country/ugandahttp://www.prisonstudies.org/country/uganda and Ephraim Kasozi, Ugandan Jails most crowded in East Africa, Daily Monitor (8 Aug 2013). Plea bargaining was introduced in 11 Circuits of the High Courts of Law across the country. Since then, the Judiciary has held numerous plea-bargaining sessions, disposing of more than 6,000 cases saving the Judiciary an estimated 1.7 billion UGX.
Although plea bargaining has been identified as an important tool to quickly dispose of criminal cases, UN Women and CEDOVIP in an assessment of plea bargaining in Cases of Violence Against Women and Girls in 2018, revealed that the current sentencing and plea-bargaining framework undermines public confidence due to the appearance of corruption and the lack of transparency in the plea agreement; it overrides certain procedural safeguards designed to protect the rights of accused persons and prevent innocent people from being convicted, the Plea-Bargaining Guidelines do not adequately articulate and protect the rights of victims and sentences in plea bargaining bear limited, if any, relationship to established Judicial Sentencing Guidelines.
UN Women and ODPP recognise that these gaps in the plea-bargaining process undermine access to justice for women and girls and hence the need to strengthen prosecutors capacity to handle cases in a victim centred and human rights-based approach in line with national and international legal frameworks. UN Women is therefore seeking services of an Individual Consultant to develop Plea bargaining Guidelines for Prosecutors with detailed charges and sentencing bargaining ranges for Gender Based Violence and Violence Against Children cases.
Duties and Responsibilities
Under the supervision of the Programme Specialist Ending Violence Against Women and Girls and working in close coordination with the Office of the Director of Public Prosecutions, the Consultant will be responsible for:
Core Values and Guiding Principles:
Required Skills and Experience
Required Skills and Experience
The team of consultants should submit one technical proposal containing the following (to be uploaded as one file):
Note: The above documents need to be submitted and uploaded to the online application system as one document.
Evaluation of Applicants
Candidates will be selected based on cumulative analysis of:
• Technical Qualification (100 points) weight [70%]
• Financial/Price Proposal (100 points) weight [30%]
A two-stage procedure will be utilised in evaluating the proposals, with evaluation of the technical proposal being completed prior to any price proposal being compared. Only the price proposal of the candidates who passed the minimum technical score of 70% of the obtainable score of 100 points in the technical qualification evaluation will be evaluated.
The total number of points allocated for the technical qualification component is 100. The technical qualification of the offer or/individual is evaluated based on following:
Technical Evaluation Criteria/Obtainable Score
2. Financial Proposal review criteria:
The financial proposal will be reviewed according to the following criteria:
Note: UN Women is an equal opportunity Employer. Qualified women and men are encouraged to apply. UN Women reserves the right to accept or reject any bid. The process will be governed by the rules and regulations of the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women)
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.