SHORT TERM CONSULTANCY: STANDARD OPERATING GUIDELINES ON SEXUAL GENDER BASED VIOLENCE CASE MANAGEMENT DURING CRISIS

The International Development Law Organization (IDLO) 

IDLO enables governments and empowers people to reform laws and strengthen institutions to promote peace, justice, sustainable development, and economic opportunity. We contribute to creating stable and inclusive societies where every person can live free from fear and want, in dignity and under the rule of law.

To learn more about IDLO, please visit our website www.idlo.int, or follow us on Twitter @IDLO.

National Commission on Administration of Justice (NCAJ)

The National Council on the Administration of Justice (NCAJ), established under Section 34 of the Judicial Service Act (No. 1 of 2011), was formally launched on August 11, 2011. It is a high-level policymaking, implementation, and oversight coordinating mechanism, composed of State and non-State actors from the justice sector. The mandate as stipulated in the Act is to ensure a coordinated, efficient, effective, and consultative approach in the administration of justice and reform of the justice system.

To learn more about NCAJ, please visit our website https://ncaj.go.ke/about/

BACKGROUND

The conceptualization of violence against women and girls as a violation of human rights was one of the achievements of the women’s movement during the Second World Conference on Human Rights in Vienna in 1993. In March of the following year, the United Nations Commission on Human Rights set forth the resolution Question of integrating the rights of women into the human rights mechanisms of the United Nations and the elimination of violence against women. The resolution, in answer to the request of women’s organizations at the Vienna conference, appointed a Special Rapporteur on Violence Against Women. The Special Rapporteur's mission was to receive and investigate information on situations of gender-based violence throughout the world. 

In 1993, the UN General Assembly adopted the Declaration on the Elimination of Violence Against Women (DEVAW), which is currently the main international document addressing the problem of gender-based violence. The DEVAWoffered the first official definition of gender-based violence. The Declaration was the first international document that defined violence against women within a broader gender-based framework and identified the family, the community, and the state as major sites of gender-based violence. In 1995, the Beijing Platform for Action expanded the definition to include: Violations of the rights of women in situations of armed conflict, including systematic rape, sexual slavery, and forced pregnancy; forced sterilization, coerced or forced use of contraceptives; prenatal sex selection and female infanticide. It further highlighted the most vulnerable women to SGBV to include the elderly,  displaced women, indigenous women, refugees, and migrant communities, women living in impoverished rural or remote areas, or women in detention. 

Kenya has taken some steps to address SGBV through specific policy and legislative frameworks and other health-related human rights with the enactment of the Sexual Offences Act 2006, the HIV and AIDS Prevention and Control Act 2006, the Prohibition of Female Genital Mutilation Act 2011, the Employment Act 2007, the Protection Against Domestic Violence Act 2015, and the National Policy on the Prevention and Response to Gender-based Violence 2014, among others. Kenya has expanded the definition of SGBV to include violence against men and boys.

The spread of COVID-19 in Kenya and the enforcement of emergency measures to contain the outbreak create concerns around human rights violations, especially for the most vulnerable. In a context where violence was already a daily reality for many women, girls, and children, domestic violence has reportedly increased following the enforcement of the national lockdown. Since the enforcement of the lockdown in March, SGBV cases reported to the National Council on Administration of Justice increased by more than 30% compared to February. Justice institutions have scaled-down operations and limited access to the justice institutions making it difficult for survivors to report abuse. In addition, the capacity of justice sector actors to respond toSGBV and address the justice needs of survivors is limited by the absence of clear coordination mechanisms to handle SGBV cases during the ongoing emergency. 

IDLO has a strong track record in supporting justice sector institutions to enhance access to justice in Kenya. In the context of COVID-19, IDLO is supporting justice sector institutions to improve their capacity to address SGBV and improve access to justice for survivors. IDLO intends to expand its support to SGBV survivors by improving the coordination between actors in the criminal justice chain, taking a case management approach. This approach acknowledges the need for SGBV survivors for a broad range of services, including legal, health, social, and psychological services, and aims to foster coordination among service providers.

THE ASSIGNMENT

The consultant will be responsible for developing Standard Operating Guidelines on Sexual Gender-Based Violence Case Management during Crisis drawing from the lessons learned during COVID 19. The aim of the Guidelines is to provide service providers with the necessary guidance and information to improve SGBV case management within the criminal justice system. The Guidelines should outline existing referral mechanisms and coordination procedures among the criminal justice actors involved in providing justice services.

The development of the Guidelines will be based on consultations with relevant stakeholders, namely the Judiciary, the National Gender and Equality Commission, the Police Service, the Office of the Director of Public Prosecutions, the Office of the Attorney-General, the Prison Service and corrective institutions, legal practitioners, health sector practitioners, civil society organizations, public benefit organizations, faith-based organizations, social workers, children officers, probation officers and other key stakeholders comprised of both state and non-state agencies in the justice sector concerned with the promotion and protection of children’s rights. These consultations will be conducted virtually and will be facilitated by IDLO. 

The Guidelines are intended for use by the Judiciary, the Police Service, the Office of the Director of Public Prosecutions, the Office of the Attorney General, the Prison Service and corrective institutions, health sector practitioners, legal practitioners and other actors in the access to justice sector. 

Key Deliverables

The Consultant shall deliver the following outputs:

1. An Inception Report detailing the understanding of the terms of reference and a proposed methodology, plan of action, with a work plan indicating clear milestones and timelines. To be delivered within 10 days of contract start;
2. Submit the first draft of the Standard Operating Guidelines on Sexual Gender-Based Violence Case Management during Crisis by August 20, 2020.
3. Using virtual platforms, conduct structured engagement to collect views from stakeholders within the criminal justice actors by August 25, 2020. A summary of the engagement will be attached to the handbook.
4. Conduct at least two multi-stakeholder’s validation fora by September 15, 2020.
5. Incorporate relevant feedback received from the validation meetings into the draft Handbook 
6. Submit the final Handbook on Sexual and Gender-Based Violence (SGBV) Case Management and a comprehensive report-detailing key results realized, pending work, challenges faced and recommendations of the consultancy
7. Any other deliverable deemed necessary in order to successfully complete the assignment

IDEAL CANDIDATE PROFILE

The following personnel qualifications are required to successfully carry out the exercise:

• Hold a Bachelor’s degree in Law or any Social Sciences Degree from a recognized University. Professional training in legislative drafting is an added advantage. 
• Minimum of 8 years of relevant professional experience in developing SOPs, guidelines, policies in the context of access to justice and Rule of Law;
• Experience in legal and policy development on criminal justice with a focus on gender Justice;
• Understanding of the social, political and economic context in Kenya including constitutional and institutional justice within the criminal justice sector;
• A person of high moral character, integrity, and ability to exercise discretion in dealing with confidential and sensitive matters.
• Ability to work independently and flexibly to deliver the agreed outputs and respond to feedback in a timely and professional manner.
• Proficiency in the Microsoft Office Suite,
• Possess excellent interpersonal and communication skills, including strong writing and presentation skills in the English language.
• The Expert will, at all times:

Carry out the services and perform his/her tasks with care, skill, and in an efficient and professional manner.

• Observe strict confidentiality.
• Ensure a high degree of quality in his/her output.
• Be guided by these terms of reference.

ESTIMATED AND CONSULTANCY FEES 

The assignment will be carried out between August and September 2020. The fees shall be paid in three installments as follows:

• 20% on submission and approval of the inception report;
• 40% on submission and approval of the Draft Standard Operating Guidelines on Sexual Gender-Based Violence Case Management during Crisis; and 
• 40% on the successful conclusion of the assignment, particularly the submission of a final Standard Operating Guidelines on Sexual Gender-Based Violence Case Management during Crisis and a final consultancy report. 
• Compensation at the lump sum rate of 1,000,000/KSH for the services rendered in furtherance of these terms of reference. All fees are subject to a 5% KRA withholding tax.

Disclaimer  

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 cancel the recruitment to meet business and organizational needs as necessary.