SHORT TERM CONSULTANCY: DEVELOPMENT OF A LEGAL HANDBOOK FOR PROSECUTORS ON HOW TO PROSECUTE CASES OF TRAFFICKING IN PERSONS IN LIBERIA

BACKGROUND 

IDLO is an inter-governmental organization exclusively devoted to promoting the rule of law. Starting in September 2019, IDLO has been implementing a project that focuses on “Fighting Trafficking in Persons (Tip) In Liberia”, with support from the United States Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL). Given its mandate, IDLO focuses on providing technical and capacity building support to the Government of Liberia to counter trafficking in persons through enhancing the effectiveness of law enforcement and justice actors in their response to trafficking in persons in Liberia. This work builds on current efforts by the Government of Liberia to combat trafficking in persons and expand on the joint achievements of the previously IDLO-implemented: “Strengthening the Capacity of the Police and Other Law Enforcement Agencies to Effectively Respond to Trafficking in Persons Project” (TIP Project).

IDLO’s current project is supporting the efforts of the Government of Liberia to combat trafficking in persons in all its forms, given that Liberia is classified as “Tier 2 Watch List” by the 2019 U.S. State Department report on trafficking in persons. As the report points out, Liberia, sadly, remains both a source and destination country for trafficked persons, especially women and children. The Government of Liberia is cognizant of the challenges of trafficking in persons and has taken steps to address the issue. For example, in 2018/19, the National Taskforce on Trafficking in Persons’ developed a five-year National Action Plan 2019-2023 (NAP) to address trafficking in persons. The current NAP focuses on four key areas: prevention, protection, prosecution and partnership. With the support of IDLO, the Government of Liberia’s new NAP is a sign of the Government’s commitment and exertion of political will to mount an increasingly robust response to the problem of trafficking in persons (TIP).

While the Government continues to make strides in fighting TIP, convictions are still low and challenges remain in implementing an effective response to TIP in Liberia. For instance, according to the 2019 U.S. State Department report on TIP, the Government of Liberia investigated 5 cases, initiated prosecutions of 2 defendants, and convicted 1 trafficker, compared with 4 investigations, 4 prosecutions, and 4 convictions in the previous reporting period. In other cases, prosecutors may have pursued other charges, including rape, in lieu of sex trafficking. 

Another challenge has been the lack of understanding of the definition and scope of TIP, in particular domestic TIP, which is often misreported as gender-based violence or unfair labor practices/child labor. Similarly, there is need to increase the knowledge of justice actors on TIP to improve their efficiency in prosecuting and adjudicating TIP cases. Currently, there is a lack of legal handbooks, which could help guide justice actors when dealing with TIP cases, but more so help to ensure the sustainability of training activities. The absence of a legal handbook on TIP may undermine the effectiveness of justice actors, especially when working on TIP cases.  

THE ASSISGNMENT 

Against this background, IDLO seeks the services of a technical expert with understanding and expertise working with justice sector actors to undertake the development of a handbook for prosecutors to enhance their capacity to prosecute TIP cases. IDLO intends to support the development a legal handbook on how to prosecute TIP cases, following national and international law and practice, including recommendations for reform of Liberia’s prosecutorial practice and procedure. The consultant will provide technical guidance and work alongside Liberia’s Judicial Institute and the Ministry of Justice, to develop a legal handbook on how to prosecute TIP cases according to Liberian laws and procedures, and national, regional and international law best practices. The handbook will provide best practices and strategies on how to effectively prosecute TIP cases, present relevant and contextualized case studies for prosecutors and provide recommendations to improve the investigation and prosecution of TIP cases. The handbook will ensure a ready and available training resource for prosecutors on TIP. Working with the Judicial Institute and Ministry of Justice, the consultant will also conduct a training for select prosecutors as ‘Trainer of Trainer’ (TOTs) as a sustainable approach for capacity building on how to effectively prosecute TIP cases among justice actors in Liberia. 

DUTIES AND RESPONSIBILITIES

1. Review existing literature and legal and policy frameworks on TIP, including the U.S State Department 2019 report on Liberia.
2. Review Liberia’s legal and procedural framework and case law on TIP.
3. Review existing prosecutorial practice and procedures on TIP in Liberia.
4. Develop and submit an inception report including a proposed layout of the handbook. 
5. Through a 10 days fieldwork, work with the judicial institute, the Ministries of Justice and Labor, and the National Anti-human Trafficking Taskforce among others to understand the prosecutorial practice and procedures in Liberia, to gain a much deeper understanding of TIP prosecution processes in Liberia. 
6. Based on review of existing literature review and fieldwork (stakeholder engagements and meetings), develop a legal handbook on how to prosecute TIP cases, following national, regional and international law and practice. The handbook should include, where applicable, recommendations for law reform of Liberia’s prosecutorial practice and procedures. 
7. Develop a handbook that provides a simple, practical and effective roadmap to guide prosecutorial practice and procedures. 
8. Facilitate consultations and stakeholder roundtable workshop to review and validate the draft handbook. 
9. Submit a final version of the legal handbook.

DELIVERABLES

The consultant shall deliver the following deliverables;

1. An inception report detailing the understanding of the terms of reference, a proposed methodology, detailing his/her approach to developing the legal handbook. 
2. Provide a clear work plan indicating clear timelines and milestones. 
3. A draft legal handbook on how to prosecute TIP cases, following national and international law and practice, including recommendations for reform of Liberia prosecutorial practice and procedure.
4. Facilitate consultations and stakeholder roundtable workshop to review and validate the draft handbook.
5. Final copy of the legal handbook on how to prosecute TIP cases, following national and international law and practice, including recommendations for reform of Liberia prosecutorial practice and procedure. 

These Terms of Reference will at all times, guide the Expert:

• Carry out the services and perform his or her tasks with reasonable care, skill and in an efficient and professional manner.
• Ensure a high degree of quality in his/her output.
• Observe strict confidentiality.
• Carry out tasks, presenting outputs to IDLO on/or before agreed deadlines.
• Be guided by these terms of reference.

IDEAL CANDIDATE PROFILE 

1. Required: The ideal candidate must have the following qualifications and experiences;

• Hold an advanced University degree in Law/ Social science/Education/public policy, etc.
• Experience working in post conflict country, preferably in West Africa.
• Must have a background in investigations, court watch, case reporting, monitoring and management, and prosecution of TIP cases in a context relevant to or related to Liberia. 
• Experience in developing justice sector actors’ resource materials.   
• At least ten years prosecuting TIP or SGBV cases.
• Demonstrated experience in developing similar content.

2. Desirable: The following attributes would be an added advantage;

• Expertise in justice sector reform, prosecution, rule of law and human rights, with knowledge and experience on trafficking in person and SGBV.   
• Experience developing tools and resources for justice sector actors. 

REPORTING AND SUPERVISION

The Consultant will report to the IDLO Liberia Country Manager and/or to any other reporting line as may be determined by IDLO Liberia. 

ESTIMATED TIMEFRAME 

The assignment will commence on 13th April to 15th June 2020. The work will be undertaken over a period of 45 (forty-five) working days. The assignment will be undertaken on an output basis at lump sum rate to be spread across the delivery period for the services rendered in furtherance of these terms of reference. 

TERMS AND CONDITIONS 

Terms and conditions will be set according to the program implementation needs. Candidates should prove their ability to work and travel to and in Liberia

DISCLAIMER AND CLOSING DATE 

The above statements are intended to describe the general nature and level of the work being performed by the Contractor assigned to this work. This may not be an exhaustive list of all duties and responsibilities. 

The Director-General of IDLO reserves the right to amend and change responsibilities or even to cancel the recruitment to meet business and organizational needs as necessary. 

Application deadline is 27th March 2020.