1. Organization and Program Overview
The American Bar Association Rule of Law Initiative (ABA ROLI) is a non-profit organization that implements rule of law, justice reform, and human rights programs. ABA ROLI has worked for over 25 years in more than 100 countries to promote the rule of law, advance human rights, strengthen judicial institutions, support legal professionals and advance understanding of the law and rights of citizens by the public. ABA ROLI works by establishing partnerships with a wide range of actors, including justice sector institutions (judges, prosecutors, public defense offices, mediation offices and national human rights institutions, investigators and police), civil society organizations, bar associations, legal aid organizations and lawyers, among others.
This assignment is one of ABA ROLI’s Promoting Rights and Justice Project (PRJ) initiatives to strengthen the justice sector in The Gambia. PRJ is a 5-year project funded by the U.S Agency for International Development that seeks to strengthen the efficiency of the justice system in The Gambia and to empower civil society organizations to increase accountability and public participation.
2. Background
The National Human Rights Commission is mandated to promote and protect human rights in The Gambia and promote respect for human rights through, among others, assisting the Government formulate policies to guarantee the protection of human rights. In the wake of the Truth Reconciliation and Reparations Commission (TRRC) findings and recommendations, and subsequent release of the Government Whitepaper on the TRRC Report, victims and witness protection are necessary during the implementation phase of the TRRC Recommendations. The TRRC recommended various prosecutions including series of high-profile prosecutions. The success of these prosecutions will highly depend on the effective protection and support of survivors and witnesses of crimes that will be the subject of the prosecution. These prosecutions will require the testimonies and cooperation of both victims and witnesses. As it is often the case, testifying against individuals who command power and influence presents risks to these witnesses and victims. . Unfortunately, there is no specific framework for victim and witness protection in The Gambia. This situation is exacerbated by the small size of The Gambia (which makes it difficult to relocate victims/witnesses and their families within the jurisdiction without posing a risk of being found by perpetrators).
In several instances during the TRRC process, witnesses and their families expressed concerns over their safety. While some witnesses reported receiving threatening phone calls, others reported threats from their local communities. Protecting victims and witnesses will continue to be a challenge for law enforcement and judicial processes, especially given the distrust in law enforcement and charged political milieu. These factors will very likely lead to more demands on the judicial process, eventually limiting the pace of proceedings, endangering the security of witness and disrupting the operation of the courts. On an official visit to The Gambia in 2019, the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Fabian Salvioli, recommended that The Gambia:
“Develop witness and victim protection schemes that provide psychosocial support and accommodation in order to protect their identities and confidentiality and to avoid re-victimization.”
Four years later there is no comprehensive procedural or operational victims and witness protection program in any of the institutions that work with victims and witnesses in The Gambia. This has created a situation where the lack of witness cooperation is seriously hindering investigations of human rights violations and complaints. Given the urgent need for witness protection and the various challenges victims may face during prosecutions of major perpetrators of human rights violations, and the obligations of the state to take steps to protect witnesses and victims, the Gambia should develop a Victims and Witness Protection Policy to lay out the national procedural and institutional framework for victim and witness protection.
It is against this background that the NHRC wishes to undertake the development of a Victims and Witness Protection Policy and training for staff and stakeholders on the subject.
3. Situational Analysis and Need for Intervention
The NHRC anticipates an increased interaction between judicial mechanisms, security forces, and victims and witnesses during the prosecution of Jammeh regime human rights violations. Victims and witness protection mechanisms geared towards protecting the integrity, reputation, privacy, life, physical and psychological wellbeing of the Victims and Witnesses are integral to the effective and efficient implementation of the TRRC recommendations and prosecution of other crimes. Furthermore, considering the emerging sociopolitical and security challenges of The Gambia and the NHRC’s mandate to promote and protect human rights, victims and witness protection will be central to the establishment of the rule of law. The development of a national victims and witness protection policy and subsequent training of stakeholders on the subject are therefore important steps in ensuring the establishment of the rule of law and delivering justice to victims of human rights violations.
4. Objective
The main objective of this consultancy is to develop a National Victims and Witness Protection Policy, develop training modules on victims and witness protection, and train NHRC staff and stakeholders on victims and witness protection.
5. The Assignment
Under the overall direction of the American Bar Association Rule of Law Initiative (ABA ROLI) and in partnership with the National Human Rights Commission and supervision of the Executive Secretary and the Director of Legal and Investigation of the NHRC and Human Rights Advisor (ABA ROLI/PRJ), and in collaboration with relevant colleagues, the Consultant will perform the following duties:
6. Scope of work
a. Conduct desk review on laws, policies, and literature on victims and witness protection in The Gambia;
b. Review existing data on victims and witness protection;
c. Prepare report on findings (on a. and b. above);
d. In consultation with the Ministry of Justice and under supervision of the NHRC and its Technical Committee, develop a comprehensive national victims and witness protection policy;
e. Facilitate the validation of the policy;
f. Develop a clear policy basis for designing a methodology and carrying out operations in witness and victims’ protection;
g. To map out permanent, adequate, and stable financing to sustain long term protection of victims and witnesses;
h. Provide training and build the capacity of NHRC staff and stakeholders on victims and witness protection;
i. Develop training modules on witness and victims protection for NHRC and stakeholders.
7. Duties and responsibilities of the Consultant
The duties and responsibilities of the Consultant shall include but not limited to the following;
a. Preparation of a detailed work plan;
b. Conduct stakeholder mapping;
c. Consult identified stakeholders through Focus Group Discussions and Key Informant Interviews to garner their input;
d. Conduct on the ground additional data collection as may be necessary to fill research/information gaps where required;
e. Provide regular (based on completion of deliverables) progress reporting to the National Human Rights Commission, the Technical Committee and ABA;
f. Draft, review and incorporate comments into the national victims and witness protection policy;
g. Prepare a costed and sustainable action plan for the implementation of the policy;
h. Facilitate a validation workshop of the policy and incorporate comments into the final document;
i. Provide training and build the capacity of NHRC staff and stakeholders on victims and witness protection;
8. Deliverables
a. Inception Report
b. Final Report of the Consultancy and an addendum- a costed and sustainable action plan for the implementation of the policy
c. Validated Victim and Witness Protection Policy
d. Design, development, and delivery of 5 days training on victims and witness protection
e. Training modules on witness and victims protection
9. Qualifications and Competencies
Advanced University Degree (master’s degree or equivalent) in a relevant field in social sciences, law, development studies. A first level University degree in combination with two additional years of qualifying work experience may be accepted in lieu of the advanced University degree.
Experience
ü At least eight years of professional experience in development work, research and policy formulation.
ü Experience in victims and witness protection will be an added advantage.
ü Demonstrated experience in undertaking consultancies or research / study in such areas and policy development;
ü Ability to work with minimal supervision;
ü Excellent research skills;
ü Excellent written and oral communications skills in English;
ü Must be result-oriented, organized and be able to adhere to deadlines.
ü Demonstrate excellent interpersonal and professional skills in interacting with government and development partners.
ü Skills in facilitation of stakeholder engagements/workshops.
ü Evidence of having undertaken similar assignments.
10. Application: Interested candidates should submit technical and financial proposals
a. TECHNICAL PROPOSAL
Ø Cover Letter
Ø Statement of Declaration
Ø Proposed Methodology
Ø Experience in Similar Consultancy and/or Projects
Ø Implementation Timelines
Ø List of Personal Referees
Ø Up-to-date CV
b. FINANCIAL PROPOSAL: A lump sum consultancy fee.
The lump sum costs must be accompanied by a detailed breakdown of costs calculation. However, ABA will pay all inclusive fee. The term ‘all-inclusive” implies that all costs (professional fees, travel related expenses, communications, utilities, consumables, insurance, etc.) that could possibly be incurred by the Consultant are already factored into the financial proposal. Payments will be made only upon confirmation of ABA on delivering on the contract obligations in a satisfactory manner. All costs associated with the Validation Workshop under this Consultancy shall be directly incurred by the ABA.
11. Duration of the Consultancy
The Consultancy is expected to be completed within 40 working days during a period of six (6) months.
12. Evaluation criteria
A combined scoring method will be used to select the best proposal, where the qualifications and proposed methodology (technical proposal) will account for 60% of total points received, combined with the financial proposal, which will account for 40% of total points received. The key criteria for rating the qualification and proposed methodology (technical proposal) and their respective percentage weight are as shown below:
Criteria
Percentage weight
At least a Master’s degree in a relevant field in social sciences, law, development studies.
10
At least eight years professional experience in development work, research and policy formulation.
10
Evidence of having undertaken similar assignments.
25
Demonstrated experience in working with government partners, civil society and other stakeholders in public sector development programs.
15
Prior work experience developing policy and action plans.
15
Skills in facilitation of stakeholder engagements/workshops.
15
Excellent written English Language skills
10
Total (technical score)
100
13. TAX
The contract price is subject to 10% withholding tax as per Gambian taxation regulations to be deducted from the agreed price before payment of the consultant. Gambian nationals as well as international consultants are encouraged to apply for this assignment.
Candidates should address their applications to the Chief of Party by email with the subject line “Application for the Development of a national Victims and Witness Protection Policy” to abaroligambiaoffice@americanbar.org by April 28, 2023. Only applications that are complete and sent by email will be considered.
