Senegal: International Consultant CPiE Specialist, (Sexual Exploitation and Abuse/Administration of Justice and Transitional Justice) P-4

Title of Consultancy/SSA:

CPiE Specialist, (Sexual Exploitation and Abuse/Administration of Justice and Transitional Justice) P-4

Duration: 9 months (1st May 2018 – 31 January 2019)

Submitted by: Child Protection Section

Since 2015, the increase in number of reported allegations of sexual exploitation and abuse (SEA)[1] against children by international peacekeeping forces in Central African Republic (CAR) prompted an urgent need to scale-up UNICEF’s prevention and response capacity on SEA. An independent review of SEA in CAR (the ‘CAR Panel Report’), published in December 2015, found a UN system-wide failure to respond to SEA, including in the provision of victim assistance to the children affected. Over the past two years, the UN has actively engaged in implementing the CAR Panel Report’s recommendations and in pushing forward the agenda for Protection from Sexual Exploitation and Abuse (PSEA). A UN Special Coordinator on SEA was appointed and convened an inter-agency SEA Working Group at HQ level, which has developed a number of policy and guidance tools, including a Protocol on Victim Assistance. In 2017, in its Report on Special Measures for Protection from SEA, the Secretary-General announced “a new approach”, which put victims’ rights at the center of the UN response to SEA. Thus, a Victims’ Rights Advocate (VRA) was assigned as Assistant Secretary General, and Field VRAs were deployed in four peacekeeping missions (in South Sudan, Haiti, DRC, and CAR).

UNICEF globally has a front line role and accountability in providing assistance to children victims of SEA. In 2016, the Executive Director provided 7% set aside funding to two regions – WCAR and ESAR – with a view to set up systems to address SEA at regional level and across five countries in WCAR (CAR, DRC, Mali, Cote d’Ivoire and Liberia). With the support of 7% funds, in October 2016, WCARO recruited a child protection consultant, to help strengthen the work on PSEA in the region. The consultant conducted field missions to key countries, and worked closely with Child Protection teams and other sections in devising Action Plans on PSEA for the Country Offices (COs). An interregional meeting specifically on PSEA was convened in Dakar in September 2017, which led to the identification of priority actions needed at Country Office, regional and HQ level.

In addition to PSEA, the WCARO consultant above-mentioned supported the implementation of the Monitoring and Reporting Mechanism (MRM) established in four countries in the region (CAR, DRC, Mali and Nigeria +). This work led to the identification of specific technical assistance needs in those countries, namely on transitional justice and on administration of justice for children. In particular, need for technical support was identified with regards to justice and detentions in antiterrorism contexts, involving children associated to armed groups, such as in the Lake Chad Basin and in G5 Sahel countries.

In line with UNICEF’s renewed focus and commitment to end Sexual Exploitation and Abuse (SEA), and in view of the continued upsurge of SEA cases, WCARO needs to develop a more strategic and sustainable approach to SEA, with a view to retain over time systems in place that can effectively prevent SEA, and respond adequately to children victims of SEA.

In addition, in view of ongoing transitional justice developments in several countries in the region (namely international and national justice dealing with serious crimes against children in CAR and DRC, truth telling and reconciliation initiatives in Mali and Gambia, reparations and institutional reform in CAR), there is a substantial need for UNICEF to influence and technically support these transitional justice mechanisms to adequately address gross violations against children and child protection issues.

Thirdly, ongoing anti-terrorism policies and related security operations in the Lake Chad Basin and G5 Sahel countries pose important child protection challenges. UNICEF Country Offices and WCARO need to stand ready to advocate for and support reintegration and juvenile justice measures that fully uphold the rights of children presumed associated to armed groups.

The purpose of the consultancy is to support WCARO’s Child Protection Team catalyze action to strengthen and consolidate UNICEF’s efforts to address effectively SEA in the West and Central African region, with a particular focus in the 3 main peacekeeping contexts in the region (CAR, DRC and Mali). This will include actions to (re)define strategic and sustainable measures by Country Offices to prevent and respond to SEA, and to monitor their implementation. In addition, the purpose of the consultancy is to support the work of UNICEF Country Offices in (post) armed conflict situations in the areas of administration of justice and transitional justice.

Main results expected from the support provided through the consultancy are:

The consultant will work closely with the Regional CP in Emergencies Specialist and with the Child Protection Systems team, to strengthen and assure the linkages between CPiE programming and PSEA, as well as the linkages between CPiE programming, the MRM and transitional justice as well as administration of justice for children. During the 9 month consultancy it is envisaged that the consultant will visit each of the priority countries (CAR, Mali, Nigeria and DRC) as well as undertake one mission to Dakar to work with the Regional Office team.

The consultancy will focus hence on three thematic areas - Protection from Sexual Exploitation and Abuse, Administration of Justice and Transitional Justice - and it will entail the following key activities:

Prevention

Reporting and information management

Coordination

Response to SEA allegations

Monitoring PSEA response

Specific support will be provided to the following country programmes:

Mali: Support the work of a child expert seconded to the Mali Justice, Truth and Reconciliation Commission.

At the end of 2017, the Mali Justice, Truth and Reconciliation Commission endorsed the ToR for an expert secondment to the Commission, to provide Commission staff with technical support to address child rights violations and children’s participation in the Commission’s activities. The Commission expressed great interest and expectations regarding this child focused initiative, but had no funds to implement it. The International Center for Transitional justice identified a potential candidate with the required expertise, who was interested and available for such secondment.

Central African Republic: Support the start-up and implementation of a project on children and transitional justice aimed at providing technical support on children’s issues to the Special Criminal Court established in CAR to address most serious crimes. Other transitional justice mechanisms planned/underway in CAR, which would deal with crimes against children – are a truth commission, reparations, vetting and documentation of past abuses/memory. A project proposal for technical support to the Special Court was shared with the INGO “No Peace Without Justice”, as potential implementer. WCARO would need to support the content development, start-up and monitoring of the project.

Democratic Republic of Congo: Jointly with MONUSCO’s Child Protection Section, as co-lead of the MRM in-country, UNICEF has a role to play in promoting, monitoring and supporting accountability systems and initiatives to address impunity for grave violations against children in DRC.

Specific support will be provided to the following country programmes:

Nigeria and other Lake Chad Basin countries: Monitor the development and outcomes of judicial processes against children accused of terrorism offences in Nigeria, as well as influence reforms of antiterrorism legislation. It is important to follow up these processes to identify good practices and lessons learned that can serve for similar cases in other countries in the region and globally.

Finally, the consultant, may conduct research and analysis on legal or thematic topics, to support advocacy and policy development on other human rights’ issues of concern linked to WCARO CP’s priorities, as emergencies and migration.

Tangible and measurable outputs of the work assignment (e.g. end products) will be:

Deliverable/Output

Timeframe

Payment

PSEA

1. Updated training package on PSEA for use with staff and partners by COs in the region.

2. Trimestral reports (3) on progress made in key WCAR countries in the region, in the implementation of strategic and sustainable interventions for prevention, response and coordination on SEA.

3.Legal assistance project for child victims of SEA in place in CAR and DRC.

Transitional justice and children

4. A project on transitional justice and children is in place in CAR (with a focus on the CAR Special Court), and in Mali (with a focus on the Mali Justice, Truth and Reconciliation Commission).

5. Report on actions completed and results in the frame of the above projects.

Justice for children and counter-terrorism

6. Sub regional meeting held with (Lake Chad Basin) UNICEF child protection teams on children associated to armed groups and juvenile justice in the context of counter-terrorism operations and policies.

Monthly reports delivered within 3 days of the end of every month to reflect progress against deliverables

Payments will be organized in the contract in line with the 6 deliverables in the TOR

The consultant will be under the direct supervision of the Regional Child Protection Adviser who will be responsible for certifying that activities have been appropriately carried out on a monthly basis and at the completion of the assignment.

The consultant will receive a lump sum salary on a monthly basis as per the deliverables outlined above as well as a lump sum to cover both flights and DSA within the various missions.

VI. Qualifications and Specialized knowledge and experience required

VIII. Conditions of work

The consultant can be home based with travel within the region, particularly to the priority countries of concern. When deployed in support of Country Offices, the incumbent will also work closely with the Country Representative and Head of Child Protection Section, as appropriate.

UNICEF recourse in case of unsatisfactory performance:

Payment by UNICEF will only be made for work satisfactorily completed and certified by the Regional Adviser, CP section, WCARO

[1] For the purpose of these ToR, the term Sexual Exploitation and Abuse (SEA) refers to sexual exploitation and abuse alleged to UN staff and related personnel, as defined by the 2003 Secretary-General’s Bulletin “Special Measures for Protection from Sexual Exploitation and Abuse”, which details both the scope of the conduct that constitutes SEA as well as the personnel to whom the UN zero tolerance policy on SEA applies. Thereby, the term SEA herein used does not refer to other cases of sexual exploitation and abuse of children, such as sexual abuse by parties to conflict or by private individuals who are non-UN staff/related personnel.

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