International Consultancy for an Assessment of the General Programme on Development of Juvenile Justice System in Turkmenistan for the period of 2012-2016

International Consultancy for an Assessment of the General Programme on Development of Juvenile Justice System in Turkmenistan for the period of 2012-2016

CONTEXT

Turkmenistan’s children (children aged 0-17 y/o) make up more than a third of Turkmenistan's population (~1,985,000).^[1]  Therefore, their participation, protection, health status, level of education and development, as well as overall well-being in many respects determine the potential of the human resources capacity of the country and, ultimately, the potential for its development and prosperity. 

As in other countries, children in conflict with law are one of the most vulnerable groups in Turkmenistan. In its latest (2015) concluding observations, while welcoming Turkmenistan’s effort to develop a juvenile justice system, the Committee on the Right of the Child recommended to the country bringing its juvenile justice system fully into line with the Convention and other relevant standards. In particular, advising the country to:

• Expeditiously establish specialized juvenile court facilities and procedures, with adequate human, technical and financial resources, designate specialized judges for children and ensure that such judges receive appropriate education and training;
• Ensure the provision of qualified and independent legal aid to children in conflict with the law at an early stage and throughout the legal proceedings;
• Promote alternative measures to detention, such as diversion, probation, mediation, counselling or community service, whenever possible, and ensure that detention is used as a measure of last resort and for the shortest possible period of time and that it is reviewed on a regular basis with a view to ending it;
• In cases where detention is unavoidable, ensure that the children are not detained together with adults and that detention conditions are compliant with international standards, including with regard to access to education and health services.

To address the issues in the juvenile justice system, including robust data, and in response to the international commitments of Turkmenistan, particularly CRC and the 2010 final observations of the Committee on the Rights of the Child, Turkmenistan had adopted its first General Programme on Development of Juvenile Justice System for the period of 2012-2016 (hereinafter the General Programme).  According to the programme, the overall purpose of the juvenile justice system of Turkmenistan is prevention of occurrence as well as repetition of criminal infringements of the law among minors, bringing the national legal system into compliance with treaties regarding international justice system and protocols.  The ultimate aim of the programme has been to lead to observance of the basic rights and freedoms provided in the Constitution of Turkmenistan and laws by means of effective consideration of the needs of all children and particularly of those in conflict with law. 

The General Programme was initially developed with the support and technical assistance of UNICEF in 2012.  Beyond assistance in its development, UNICEF provided limited supported in its implementation, particularly at the beginning, when UNICEF ensured extensive exposure of judges, prosecutors and juvenile affairs inspectors to best practices in other countries.   These exchanges were followed by a series of capacity development activities directed at the Juvenile Affairs Inspectors in the central and regional departments of the Ministry of Interior (MoI) and draft policies and procedures for its operations submitted to the Ministry of Justice (MoJ).

The General Programme had following five primary objectives:

• Improvement of coordination and study of juvenile justice systems/best practices;

• Strengthening of the main principles of goodwill with minors in the process of juvenile cases and overall improvement of observance of their rights;

• Drafting of the programs (prevention, rehabilitation and reintegration) at the local level as a response to the requirements of the juveniles and use of diversion;

• Effective support to minors and improvement of social work and increase of authority in educational establishments for the purpose of rehabilitation and reintegration;

• Introduction of a pilot juvenile justice system in one of the regions within the next five years. The purpose of implementation of this objective is to test the main component of the General Program in one location and potential roll out in the rest of the country.

Upon completion of the General Programme, the Government of Turkmenistan has sought the assistance of UNICEF in reviewing the results achieved under the Programme to measure its effectiveness, identify lessons learned and next steps in the area of juvenile justice system reform.  Beyond this, the assessment of the Government’s General Programme would also be an important element in the overall policy/programme analysis and feedback process, may contribute to the development of the next generation of a state programme in the area of justice for children and may help define UNICEF’s potential role in the area during the rest of the 2016-2020 country programme 

The primary users of the assessment will be the  the Government of Turkmenistan, in particular the Ministry of Interior,  Ministry of Justice, Ministry  Foreign Affairs and the National Institute of Democracy and Human Rights under the President of Turkmenistan. The other users will include parliamentarians, who need to be informed in order to introduce necessary legislative changes, as well as international, academic, private and civil society organizations.

OBJECTIVES

The main aim of this exercise is to assess the relevance and effectiveness of the General Programme and the extent to which it has reached its objectives.

The objectives of the assessment are:

• to contribute to improving the Government’s accountability for its performance and results; and
• to generate evidence and learning out of the implementation of the General programme to guide next steps towards the sustainable reduction of juvenile crime and improving the justice system for children. 

The findings and recommendations generated by the assessment  will be used to influence strategic direction and partnerships/advocacy as well as programme strategies to achieve the results and targets outlined in the General Programme and Country Programme Document. The findings of this assessment will also contribute to the reporting under SDG’s, particularly for target 16.3 “Promote the rule of law at the national and international levels and ensure equal access to justice for all.”

SCOPE AND METHODOLOGY OF THE ASSESMENT

This assessment covers the period of 2012 to 2016, during which the Government and UNICEF contributed to the implementation of the General Programme.

The assessment will provide recommendations for UNICEF’s involvement in Justice for Children area.

Period to be covered: 2012-2016, the proposed time period is chosen for the duration of Programme interventions allows sufficient time to measure their effectiveness (results for children) and efficiency (measures UNICEF’s specific contribution).

Geographical coverage: The assessment will cover all of Turkmenistan.  The capacity building, advocacy and policymaking work was conducted in all main regional cities as well as the capital city of Ashgabat.

The key assessment questions grouped by the criteria suggested as follows:

Mixed method approach will be used in this assessment which will combine qualitative and quantitative research methods.  The bulk of analysis will be built on information collected from variety of stakeholders, including documentation review.  It should critically examine the information gathered from various sources, and synthesize the information in an objective manner.

A detailed design and methodology with relevant and high-quality tools for data collection and analysis is expected to be delivered by the consultant within the inception phase.

Key stakeholders and informants for this assessment will be identified within the inception phase.  Ethical concerns should be of utmost importance in determining the research methods and their implementation. The consultant is expected to adhere to the UNICEF procedure for ethical standards in research, evaluation, data collection and analysis. ^[1]

This assessment should follow the criteria mentioned above as well as questions with appropriate additions to cover the scope.  The approach should be participatory, gender and human rights responsive with a focus on equity aspect.

Potential limitations: Lack of disaggregated data and baseline data might present a significant constraint. The data mainly available from administrative sources and focus on aggregated numbers rather than on gender, location, disability, age or social status. Sensitivity of reported indicators on children in detention, in contact with the law and adjudicated cases might bring a challenge especially during data collection stage, as respondents might not feel comfortable to talk openly.

In addition, interviews and focus group discussions with target groups in non-native language might establish an additional barrier between an interviewer and a respondent. The identified potential limitations should be closely considered during finalization of the assessment methodology.

SPECIFIC ACTIVITIES, TASKS AND DELIVERABLES OF THE CONSULTANT

Specific tasks include:

1. Review background information on the children’s access to justice in line with the General Programme for 2012-2016 period.
2. Review the national policies and practice coherence against international norms and practices;
3. Assess and validate the justice systems achievements with regards to implementation of the objectives of the General Programme;
4. Evaluate the relevance and appropriateness of the General Programme and activities implemented in the justice and other relevant sectors;
5. Together with stakeholders, document important lessons learned and best practices;
6. Suggest strategic and operational recommendations that can be used by the Government of Turkmenistan and UNICEF in the ongoing and future activities to improve access to justice.

While this assessment primarily aims to respond to a question if the objectivises of the General Programme have been met, programme activities have other outcomes, whether intended or not. Some are quantifiable and some are not. Some are easily observable and comprehensible and some are not.

The overall proposed duration of the contract will be 30 days with two in-country missions of no longer than 5 working days each.

The estimated completion date for the deliverables under this consultancy should be discussed and agreed by UNICEF and partners. Tentative timeline with provisional deadlines for deliverables is provided below for guidance.

DUTY STATION

The desk review and development of the inception report will be undertaken from the home country of the consultant.  The consultant will be expected to travel to Ashgabat, Turkmenistan twice for the tasks outlined above as agreed with the UNICEF CO. 

SUPERVISOR

The consultant will be supervised by and report directly to M&E/Child Rights Monitoring Specialist of UNICEF Turkmenistan Country Office with debriefing and consultation with UNICEF Turkmenistan Deputy Representative and Representative.

Qualifications or specialized knowledge/experience required

The selected consultant should have the following qualifications:

• Proven expertise in child rights, including juvenile justice principles and international standards, human rights, gender equality and social inclusion;
• Extensive experience in having undertaken similar assignments, which include use of qualitative and quantitative research methods;
• Advanced degree in law, social sciences or a closely related filed;
• Strong analytical skills, including experience in preparation of reports;
• Excellent communication and presentation skills;
• Excellent working with people and organizing team work skills;
• Fluency in English is required; Knowledge of Russian is a significant advantage.

Basis for fee and Payment Schedule:

The fee is to be paid on average rates P-5 level for 30 days in total from September 2017 through March 2018.   UNICEF will only make milestone payment based on achievement of specific deliverables as listed on the table above. Also, note that UNICEF does not make advance payment and UNICEF is exempted from paying VAT and any other form of taxes.

UNICEF reserves the right to withhold all or a portion of payment if performance is unsatisfactory, if work/outputs is incomplete, not delivered or for failure to meet deadlines (fees reduced due to late submission: 20 days - 10%; 1 month-20%; 2 months-50%; more than 2 months – payment withhold). All materials developed will remain the copyright of UNICEF and that UNICEF will be free to adapt and modify them in the future. This ToR is an integral part of the contract (SSA) signed with the consultant.

[1] Statistical yearbook of Turkmenistan, the State Statistics Committee, in 2015

^1. UNICEF procedure for ethical standards in research, evaluation, data collection and analysis, 1 April 2015,  CF/PD/DRP/2015-001, available from UNICEF

UNICEF accepts applications from individual consultants. For the purpose of selection, a consultant is requested to submit a Technical Proposal, which will include the following documents and information:

• A completed Expression of Interest form (see Appendix A) and responses to the questions, including the professional fee/rate, per person day;
• A proposed timeframe;
• Proposed consultant’s curriculum vitae, P11;
• A summary of experience in similar assignments;
• A financial proposal with a description of unit costs (in US Dollars).

The proposal will be a basis for the selection.

The application package should be transmitted via UNICEF Hiring portal.