Historique

Country situation

Since December 2013, the Central African Republic (“CAR”) has experienced violent conflict and its institutions have been in deep crisis. More than 800,000 people have been displaced from their homes and all parties to the conflict have been involved in serious violations and abuses of international human rights and international humanitarian law (“IHL”), including murder, torture and sexual and gender-based violence. It is estimated that since the outbreak of the 2013 crisis, between 3,000 and 6,000 people have been killed. These figures do not reflect the full extent of the crimes committed and their impact on Central African society. The country is still in conflict, and almost all inhabited territory outside Bangui remains under the control of armed groups. Wide spread impunity for crimes committed in past conflicts and the weakness of Central African institutions are major factors in the current conflict.

Within this context, there has been considerable focus on strengthening the national judicial system in the Central African Republic (CAR) and establishing transitional justice mechanisms, including non –judicial mechanisms, to hold perpetrators of violations and abuses of human rights and international humanitarian law (“IHL”) to account.  However, insufficient attention has been given to the minimization and management of risks to victims and witnesses who participate in such processes.  There is currently no specific and efficient legal mechanism for the protection of victims and witnesses in CAR in the framework of judicial and non-judicial proceedings. Similarly, there are no existing protection networks, as well as no national institution structures that have been specifically in charge of victims and witness protection. Some sporadic national initiatives exist to address the needs of victims, in particular victims of sexual violence. Overall, the diverse and numerous actors are often insufficiently trained on protection issues and can thus expose victims while assisting them.

United Nations support to the rule of law in CAR

The United Nations in CAR is supporting national authorities to reestablish the criminal justice system

to ensure accountability for serious crimes. UNDP, MINUSCA and UNWOMEN are working within the Global Focal Point on Police, Justice and Corrections (GFP)* to provide a single United Nations rule of law response. Since July 2014, these entities have been working jointlyto support the fight against human rights violations and the revival of the justice system in CAR (“Joint Project”). The Joint Project supports both the justice and security sectors by helping to strengthen community-based structures and rule of law institutions.

Special Criminal Court

GFP entities are also working to support the establishment of the Special Criminal Court (“SCC”). On 3 June 2015, the National Transitional Government (“NTG”) of CAR promulgated a law establishing the SCC. The SCC is a hybrid court which will be staffed by a mix of national and internationally-recruited judges, prosecutors, investigators and other personnel. Through its resolution 2217 (2015), the Security Council decided that as an immediate priority task, MINUSCA will assist the NTG and subsequent elected authorities and facilitate bilateral and multilateral support for the SCC.

In the course of last months, several initiatives within the mission focused on the thematic of victims and witnesses protection, namely the“Estimated requirements for the national criminal Court Central African Republic” report of the Team of Experts in July 2015, as well as the Human Rights section report “Protection des victimes et des témoins en République Centrafricaine - Support à la Courpénalespéciale” in September 2015. Specific analysis and recommendations were provided on which the coming strategies should build and elaborate.

Other Transitional justice mechanisms and non-judicial accountability processes

The United Nations in CAR are also supporting national authorities in the establishment of other transitional justice mechanisms, in particular a Truth, Justice, Reparations and Reconciliation Commission as part of efforts to the fight against impunity. Since September 2015, a special focus has been given to the implementation of preliminary mechanisms to collect information, including additional consultations and discussions to continue looking at what best transitional justice tools would fit within the CAR.

Devoirs et responsabilités

Objectives and targets

There has been considerable focus on strengthening the national judicial system in CAR and on establishing transitional justice mechanisms, including non-judicial mechanisms, to hold perpetrators of violations and abuses of human rights and IHL to account. However, insufficient attention has been given to the minimization and management of risks to victims and witnesses who participate in such processes. As noted by the Independent Commission of Inquiry on CAR in its 2014 Report, “[G]iven the nature of the crimes, the passage of time, and the lack of forensic evidence in most cases, witness testimony will be key to building a strong case against alleged perpetrators.  But in a country with extremely limited budgetary resources, and in which the extended family of victims and witnesses, will

*The GFP is a United Nations Headquarters arrangement between DPKO, UNDP and other United Nations partners, providing joint operational country support in the police, justice and corrections areas in post-conflict and other crisis situations. See<www.undp.org/content/undp/en/home/ourwork/democratic-governance-and-peacebuilding/rule-of-law--justice-and-security/global-focal-point-for-poli ce--justice--and-corrections.html>. See also UNSCR Resolution 2217 (2015), para. 33(a)(ii).

also on occasion need some forms of protection, a major effort will be required to establish a witness protection program that meets the necessary criteria for success.”**

UNDP and the MINUSCA Human Rights Division (“HRD”) wish to develop victims and witnesses protection strategies in the context of judicial and non-judicial accountability processes and also to establish/strengthen protection networks. An international consultant (consultant) on victim and witness protection to assist the UN Global Focal Point entities on the field and the CAR Ministry of Justice and relevant national entities in the development of measures for protection of victims and witnesses in the context of accountability processes is therefore needed.

The consultant will focus on the development of programmatic strategies(“strategies”), including concrete and costed implementation plans (“implementation plans”) for protection and support measures in (A) the national judicial system and (B) transitional justice mechanisms, including but not limited to the SCC.  The strategies and implementation plans developed will be in line with international human rights standards and best practices.

Such protection and support measures will look at operational, procedural and assistance measures ensuring the physical safety, security and well-being of victims and witnesses who will participate in these processes. These will include medical and psycho-social support even if legal and operational support, will be the main focus. Mitigation of any harm that victims and witnesses may suffer as a result of their participation in the accountability processes will also be analyzed.  In the elaboration of the strategies and implementation plans, a particular emphasis will be placed on the need for protection, as well as support and assistance for women, girls and boys who are victims and witnesses of conflict-related sexual violence, as well as those particularly traumatized or vulnerable.. 

The consultant will also take initiatives to improve the knowledge of international and national partners who may be directly involved in victim and witness protection.

**Report of the International Commission of Inquiry on the Central African Republic, submitted in accordance with Security Council resolution 2127 (2013),  S/2014/928, page 28.

National partners / main key institutions

The consultant will work in close partnership with relevant national entities and institutions, including the Ministry of Justice and the Minister of National Reconciliation and Political Dialogue, as well as national courts and the SCC. The consult will also interact with a range of national partners, including civil society and service providers.

Tangible and measurable outputs of the work assignment

The consultant will be based in Bangui to support national institutions and co-located with the MINUSCA HRD Planning and Protection Unit (PPU).  The incumbent will report both to the UNDP Justice Specialist and to the Coordinator of the MINUSCA PPU, and cooperate closely with MINUSCA’s Special Criminal Court Support Unit. With support both of the Justice component of the Joint project and of the PPU, the incumbent will undertake the following tasks as required: 

On the National Courts

• Based on prior risk and threat assessment – including the specific security assessment on SCC being processed by the GFP in May 2016 –, support relevant national authorities (Ministry of Justice and Judiciary) in the definition of the strategy and implementation plan for the protection of victims and witnesses in the context of the national justice system in CAR, aspects of which may also be relevant for transitional justice processes in CAR.  In supporting the definition of the strategy and implementation plan, the consultant will liaise with relevant authorities in CAR, and other stakeholders, including civil society organizations, on various options;
• Organize a round table or seminar with national authorities and national and international partners and stakeholders involved in victims and witness protection to exchange on past experiences, best-practice and lessons learnt to present the strategy and implementation plan and seek their views/buy-in.

On the Special Criminal Court (SCC)

• Based on prior risk and threat assessment – including the specific security assessment on SCC being processed by the GFP in May 2016 –, support relevant national authorities (Ministry of Justice and Judiciary) in the definition of the strategy and implementation plan for protection of victims and witnesses in conformity with the Law establishing the SCC;
• In the definition of the strategy and implementation plan, the consultant will liaise with relevant authorities in CAR, and other stakeholders, including civil society organizations, on various options;
• Organize a round table or seminar with national authorities and national and international partners and stakeholders involved in victims and witness protection exchange on past experiences, best practices and lessons-learnt to present the strategy and plan and seek their views/buy-in.

On other Transitional justice mechanisms

• Ensure that the strategy and implementation plan for the protection of victims and witnesses in the context of the national justice system in CAR are taken into account by relevant national authorities in the formulation and development of transitional justice mechanisms in CAR, in particular the creation of a Truth and Reconciliation Commission.

Protection Networks

• Provide technical expertise to the UNDP Justice Specialist and the MINUSCA HRD to assist them to undertake a pilot initiative to establish/strengthen protection networks to facilitate the protection of victims and witnesses in at least three locations in CAR. This pilot initiative may include activities such as constitution of protection networks, trainings for the members of the networks and the distribution of small grants to members who have been identified as having relevant capacities.

Other

• Produce monthly progress reports and a final narrative report detailing progress made, constraints and recommendations for future action.

Compétences

Skills for the organization :

• Demonstrates integrity by respecting the values and ethics of the United Nations;
• Promotes the vision, mission and strategic goals of UNDP and the United Nations;
• Respect cultural differences, gender, religion, race, age and nationality;
• Treats colleagues fairly and without favoritism.

Skills for the functions:

• Have a thorough knowledge of institutional, legal and judicial partnerships in the justice sector in Africa;
• Have a good capacity to plan, organize and prioritize work;
• Demonstrate strong analytical and synthesis skills and ability to find innovative solutions;
• Have excellent communication and interpersonal skills, an ability to work within a multidisciplinary team and to inject momentum for change;
• Possess strong capacity for written and oral expression and actual abilities to formulate clear and concise ideas;
• Demonstrate openness and a willingness to adapt and be flexible in relations with employees;
• Good computer skills (Excel, Word, PowerPoint, internet, etc.).

Qualifications et expériences requises

Education:

• Advanced university degree (Masters or equivalent) in law, including international human rights law, international humanitarian law and international criminal law, or other relevant field. 

Work experience:

• Specific and technical demonstrated experience with victim and witness protection, with a strong experience with court cases and background from a country applying the French civil law system;
• At least 10 years’ working experience as a jurist, lawyer, barrister, human rights defender;
• Experience with international jurisdictions or hybrid courts would be considered as a strong asset;
• Experience in post conflict societies and knowledge of related rule of law context and human rights issues;
• Excellent analytical, research and investigative skills, including ability to evaluate and integrate information from a variety of sources and to assess the potential protection risks;
• Knowledge and experience on strengthening institutional capacity and the domestic implementation of international human rights instruments in fragile, conflict-prone or post-conflict societies.

Languages:

• Fluency in oral and written French and English is required;
• Excellent drafting skills are required.

Application Procedure:

• Interested candidates must send an updated resume with P11 (including 3 references) with a cover letter;
• The candidates must also send a technical proposal including their calendar views and technical suggestions in order to reach the objectives of the consultancy;
• A separate financial offer also needs to be included in the application;
• The contract will be awarded to the consultant whose offer has been evaluated and confirmed as:
  In line with the mission of Terms of Reference;

Having obtained the highest score in the combined evaluation of the technical and financial offer:

• Technical Evaluation 70%;
• Financial assessment 30%.

Only candidates obtaining a minimum of 70 points will be considered for financial evaluation.

Evaluation Criteria:

• Educational Background 10%;
• Number of years of relevant experience 10%;
• Similar References (a minimum of 3) 30%;
• Understanding of ToR and relevance of the methodological note submitted 45%;
• Planning: adequacy of the implementation schedule of the consultation5%.

Work Delivery  - Mile stone -  % Payment                                                            

 End of month 1                                                    

• Work plan;
• Progress repor0- 20%.

End of month 2

• Strategy and implementation plan for national courts;
• Progress report;
• Technical expertise to pilot initiative - 15%.

End of month 3

• Roundtable or seminar on strategy and plan for national courts-  15%
• Revised strategy and plan for national courts;
• Technical expertise to pilot initiative.

End of month 4

• SCC strategy and implementation plan;
• Technical expertise to pilot initiative;
• Progress report.-  20%.

End of month 5

• SCC Roundtable or seminar;
• Technical expertise to pilot initiative;
• SCC revised strategy and implementation plan;
• Progress report - 15%.

End of month 6

• Evaluation of pilot initiative;
• Final Report- 15%.