Terre des Hommes (Tdh) is a Swiss non-governmental organization that has been implementing developmental ad humanitarian projects in the Palestinian territory since 1973. It undertakes to support the most vulnerable members of society through child protection and restorative juvenile justice projects throughout the West Bank and Gaza Strip.
A new Juvenile Protection Act was signed by Pres. Mahmoud Abbas and enter into force on 28th March 2016. It sheds new light on justice for children and falls squarely within the realm of restorative juvenile justice. It introduces the principle of the child’s best interests, non-custodial measures, limited sanctions, the concept of diversion. Priority is given to preventive, educational measures and rehabilitation within the community as opposed to detention. One of the welcome provisions of the new law relates to "Mediation" (Art. 23). It is both the result of years of lobbying and an exciting opportunity to institutionalise diversion with a particular emphasis on children under the minimum age of criminal responsibility. It offers an opportunity for the Prosecutor, the alleged offender, his/her family and/or lawyer to resort to mediation as opposed to a full judicial process. If implemented appropriately this new law could provide restorative justice to victims, offenders and to the community. Besides the great developments, mediation presents some questions to deal with, such us, how can be accredited as a mediator and the kind of specialized training that can be provided, the potential involvement of the informal justice actors and how their engagement should fit within the formal justice system.
In April 2016, Tdh organized a Learning and Development Event “Towards a Restorative and Hybrid Model of Justice in Palestine” in Bethlehem which provided insight into the hybrid model of justice based on the creation of institutional links between state and non-state justice systems and a strong human rights oversight with a gender focus and where Alternative Dispute Resolution (ADR) mechanisms may offer an effective opportunity to handle minor criminal offences and civil cases and all serious criminal cases, according to the model, would fall exclusively within the jurisdiction of the state justice system.
This consultancy is framed within the Project “Justice For Children” conjointly funded by the United Nations Development Programme (UNDP) and United Nations International Children's Fund (UNICEF).
The objective of this consultancy contract is to provide two specific deliverables aiming at operationalizing the Hybrid Model of Formal and Informal Justice System in Palestine, as the next stage of the Learning and Development Event entitled “Towards a Restorative and Hybrid Model of Justice in Palestine” held in April 2016 in Bethlehem and provided to Tdh workers and partners in the West Bank and Gaza.
Working as a team composed of an international researcher and a national researcher, the consultants will provide the following deliverables:
Part 1 - Justice For Children
1.1. Provide a summary of the Hybrid Model that was presented in April 2016 in Palestine, along with the key wrapped ideas/inputs and lessons learnt/next steps agreed.
1.2. Document existing hybrid practices and summarize them in (info)graphic representation with comprehensive mapping of strategic and operational actors. The proposed system shall provide a legal cover to century-old informal systems with a view to ensuring effective remedies of petty civil and criminal matters and reduce the burden of litigation, with a special focus on children in conflict with the law and inclusive of gender specific and related aspects.
1.3. Propose a contextualization of the Hybrid Model of Criminal Justice to Palestine and summarize in (info)graphic representation with comprehensive mapping of current and new actors and institutions along with their (potential) roles and responsibilities.
Part 2- Alternative Dispute Resolution
2.1. Write a draft on ADR in the form of policy/regulation/executive order for Palestine (generic).
2.2. Write a draft on Art. 23 in the form of policy/regulation/executive order (focused on mediation in juvenile justice cases) for Palestine.
Maximum 20 pages per part.
The methodology is intended to cover the following non-exhaustive stages:
1. Desk review
2. Meetings with academia institutions (European/MENA/Palestine Universities) with a specific expertise on the consultancy’s objective.
3. Consultations with stakeholders and key informants from both the informal and formal justice actors along with other relevant actors/agencies/institutions.
4. Deliverables will be present to a wider audience in a workshop for this purpose to be held in the May 2017 in Palestine (West Bank).
The expected duration for this consultancy is from March 2017 till end of May 2017 (21 days total). Methodology and first draft of the expected deliverables should be ready before the 31st March 2017.
VI. REQUIRED SKILLS AND EXPERTISE
• Accredited academic expertise on International Law, Criminal Law, and Political Sciences. Excellency level of expertise would be prioritized.
• Extensive knowledge and experience in Palestine’s Justice System, both informal and formal.
• Proven sound experience on drafting legal instruments and researches.
• Excellent written and speaking skills in English and Arabic.
• Acquainted with the national legislation, international policy papers and documents related to formal and informal justice systems as well as restorative juvenile justice.
Total budget available for the research is 54,000 ILS (Israeli New Shekel).
VIII. APPLICATION PROCESS
Interested consultants should submit: technical proposal, financial offer and Curriculum Vitae (including all members of the team, of more than one consultant).
Full proposals should be sent to the following address email@example.com no later than the 6th of March 2017 11:55pm (Palestine time).
Tdh will only contact short-listed candidates.