Call for Expression of Interest to Conduct a Feasibility Study in East African Region

Call for Expression of Interest to

Conduct a Feasibility Study in East African Region on the viability and need for a regional structure where children whose rights have been violated can access justice.

Introduction

Incidences of violations against children remain high in the East African Region despite raising awareness, designing policies and legislations to intervene.  The idea of establishing a Regional court for children in East Africa where children whose rights have been violated can access justice and the remedies they are entitled to was triggered by the concern about the escalating cases of all forms of violence against children in the region and more so the impunity with which perpetrators violate the rights of children in total disregard of the law.  To end impunity for the perpetrators of crimes against children and to investigate such acts of violence, impose appropriate penalties and have the relevant policies in place, its important that a viable regional structure/mechanism of accountability, multi-lateral and cross-sectoral interventions be developed and sustained to guarantee child protection.

But before the feasibility of the Regional Court could be tested, many issues had to be discussed and agreed on.  Among the many issues was what kind of complaints would be dealt with by the court (mandate), the rules of procedures of the court, the decisions and their implementation.  To decide on these issues, key stakeholders from five countries comprising East African region, that is Kenya, Uganda, Rwanda, TanzaniaZanzibar) and Burundi met in Nairobi on 24^th and 25^th of September 2009 to discuss the possibilities of holding governments in the region accountable for the protection of children against violence. The outcome of this regional consultative meeting was that there is an urgent need to create a regional structure to put rights on remedies for all children in place. (including

This could be a regional body consisting of a multi disciplinary group of highly profiled people who have deserved authority in the area of children’s rights in Kenya, Uganda, Rwanda, Burundi and Tanzania, including Zanzibar.

This regional body will hold governments of the respective countries accountable in their duty to protect children against violence and strengthen their capacity to protect children according to the CRC, the African Charter on the Rights and Welfare of the Child and other legal instruments in place.  This body will also define recommendations for governments on how they could improve the prevention and protection of children against violence according to the recommendations of the UN Study on Violence against Children and based on existing legal frameworks and international treaties. 

This regional body is legitimated by the universal rights of all people including children to have remedies.  For children these remedies are absent in many cases.

The core rationale of this regional body is to provide children in the region with an easy to access forum to complain about violations of their rights. The regional body will deal with these complains in a child sensitive manner and in a reasonable short period of time and will define conclusions and recommendations towards governments. These are morally binding but not linked to sanctions. Therefore, to guarantee an effective complaints mechanism, the moral authority of the interdisciplinary group needs to be as high as possible. Furthermore to operate well the regional body needs to be linked to a network of multi stakeholders regarding child rights who are able to send complaints to the regional body. These are children (groups), NGO’s, government representatives, members of parliament, care takers of children, among others. Many names for this regional structure have come up including a Regional Court or Regional Council of Chiefs for Children.

But to determine what kind of regional structure, whether a court or a multi-disciplinary group of highly profiled people with authority in the area of child rights in East Africa, it was decided that a feasibility study be done.  The study will determine what exists and what is needed and the strengths and barriers of establishing such a structure.

Scope of Work

The consultant being sought will be required to do the following:

§  Assess and determine the nature and forms of violations to children’s rights in the 5 countries.

§  Review and analyze the laws, regulations, policies and programmes that respond to violence against children in the 5 countries.

§  Determine the core recourse available for children when their rights have been violated and identify gaps.

§  Determine whether there is need for a mechanism at the regional level for reporting violence against children, what form it would take and what would be the possibilities and barriers for children to make use of this mechanism.

§  Determine how the regional mechanism/body can be linked to other international initiatives such as the CRC and the Committee of Experts on the African Charter and the UN Special Representative on Violence against Children that provide children with a complaints mechanism.

§  Assess the political will and the potential support of governments in the 5 countries for a regional mechanism/body to address violence against children.

§  Prepare a final report with conclusions and concrete recommendations on whether there is need for a regional mechanism to report child rights violations to and how this should be done.

§  Develop the report in a way that it is instrumental for further advocacy and fundraising to create necessary conditions for implementation.

§  Make recommendations for the way forward.

Time Frame

It is expected that the study will take no more than 30 days, including validation workshop spread over 4 1/2 months.  The first draft report of the findings of the study will be submitted to ANPPCAN by 15^th  ANPPCAN and the Technical Working Group members will give their comments to the consultant by 1^st October, 2010 to enable him/her prepare the next draft to be presented to key stakeholders in a validation workshop on 15^th October, 2010.  The consultant will produce the final report by 10^th  The report will be launched by 20^th November, 2010. September, 2010. November, 2010 after inclusion of comments from the validation workshop.

Skills Required

The consultant should have the following:

§  Doctorate (Phd.) in law and/or social science and teaching in a university

§  5 years experience in relevant areas of research

§  Should be fluent in English, but working knowledge of French will be an added advantage

§  Professional experience in the field of children’s rights and experience in conducting a regional study will be an added advantage

§  Preferably someone from the East African region

The consultant will be assisted by one research assistant in each country.

Interested individuals should send a technical and financial proposal by 10 July 2010.

ANPPCAN Head Office

Wood Avenue, Off Argwings Kodhek Road,
Komo Lane
P.O. Box 1768 - 00200 City Square
Nairobi, Kenya

E-mail: regional@anppcan.org

N.B.:  ANPPCAN is an equal opportunity employer and encourages any qualified individual interested in doing the study to apply.  The proposals shall be reviewed by a technical team and only short-listed candidates will be contacted.

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