Apr 10, 2018
Job Posting Date:
Apr 04, 2018
Insaf Network Pakistan seeks the services of an individual or a team of consultants to develop a working paper by conducting in-depth literature review. The consultant will also facilitate the identification of the relevant members of the technical working group of the criminal justice service providers, and moderate consultative workshops as per the recommendations of the consultation.
The interested candidates should submit their CVs along with the cover letter explaining their suitability to the consultancy and sealed financial quotation by post to the following address by April 10, 2018. House: 407, Street: 26, E-11/4, Islamabad
Literature Review on “Right to Fair Trial and Due Process
To base the discussion about elaboration of the “Right to Fair Trial and Due Process in Pakistan’, a senior level professional (An Individual Consultant or a Team of Consultants) is required to develop a working paper by conducting in-depth literature review. Later, the consultant will facilitate the identification of relevant members of the technical working group who will participate in the consultative process, and will moderate the consultative workshops as per the recommendations of the consultation, derive a set of minimum guarantees of fair trial and due process in criminal proceedings, that will be further used to gauge the adherence to the individuals’ right to fair trial and due process.
The Working Paper will be used as background information to stakeholder workshops on the program, the subsequent internal discussions regarding the future strategic orientation of the program, and a basis of training need assessment (TNA), formulation of Fair Trial Index and possible subsequent policy papers detailing the strategy in the area of Right to Fair Trial and Due Process.
Assess the current role and practices of the criminal justice service providers in ensuring the Fair Trial.
IN close coordination with the project manager, prepare and provide a comprehensive Working paper on Fair Trial and Due process for the criminal justice service providers.
The literature review should be covering each of the following aspects related to Right to Fair Trial and Due Process.
1. Legal and Policy Level Framework Conditions: Reflection of the current framework conditions (legal and policy level) affecting the Right to Fair Trial and Due Process in Pakistan. This should also include a description of the government’s, civil society, activists, NGOs and legal fraternity efforts for the respect and protection of the Right to Fair Trial and Due Process.
2. Political Economy Analysis: Who are the key actors (Governments, legislatures, security agencies, judges, lawyers, jurists and other actors) in the Right to Fair Trial and Due process? What are the power dynamics (drivers/restrainers towards defined goals related to issues presented under point 3 (see below)?
3. Availability of Key Indicators and Baselines: For the results monitoring the ‘’ Protection of Right to Fair Trial and due Process in Pakistan’’ key indicators with corresponding baselines on impact and outcome level need to be identified. What information is available with regard to the topics listed below? Which key indicators and baselines are available with regard to the themes listed below?
Detailing the non-fulfilment of RFT as root cause of injustice and lawlessness in Pakistan, preferably up to provincial level.
Detailing situation related to RFT policy reforms and impact of a strengthened policy dialogue, enhancing social inclusion, equitable access and protection of RFT.
Describing low literacy, ignorance of rights and inclusion related challenges in Pakistan in effective exercise of RFT and potential entry points in this field.
Describing the situation/status of women and minorities in the aforementioned geographical areas with regard to RFT related aspects.
4. What are the gaps identified? Are the concerned governments concerned to address the gaps and what are the capacities of the authorities to deal with the issues? What are the possible fields of interventions for a donor or implementing organization? What are the recommendations, lessons learned prioritization of the aspects?
In close coordination with the program Director, prepare and provide a comprehensive working paper for criminal justice service providers on the Right to fair Trial and Due Process in Pakistan.
Develop a summary of the literature review, to be shared with the other relevant stakeholders.
Present findings of scoping note, and each workshop in a coherent manner in writing for stakeholders
Submission of a brief report of workshops being conducted on each theme.
Submission of Final Consultative Report (inclusive of all workshops on all themes)
Based on the consultative workshops, sharing input in an internal coordination meeting going to be held for developing the Fair Trial instrument.
Any other relevant task related to the activity.
Assignment commencement - April 18, 2018
Submission of First Draft of the working paper - May 3rd 2018
Submission of Final Draft of the working - May 11th 2018
Conduct a half day knowledge sharing workshop, presenting the findings of literature review note in a half-day session to be organized by the project. - May 15th 2018
For ensuring Fair Trial, to seek recommendations on a set of minimum guarantees, moderating the consultative workshops (Total 15 workshops) - Event day
Submission of a brief report of workshops being conducted on each theme - Within a week of completion of each theme workshops
Submission of Final Consultative Report (inclusive of all workshops on all themes) - Within a week of completion of ALL workshops
Based on the consultative workshops, sharing input in an internal coordination meeting going to be held for developing the Fair Trial instrument - When scheduled
Master degree in law/legal studies or criminology
10+ years of relevant experience.
Proven experience in conducting and designing base line research studies.
Proven experience of writing Scoping/ concept/Brief/Working notes or Papers in the field of Law
Proven experience of working with criminal justice actors
Ability to work as an effective team member
Fluency in English and Urdu
Advanced communication skills, including active listening skills and excellent written communication
Exceptional interpersonal skills and an ability to work collegially with team members and stakeholders
Ability to think analytically, clearly and logically
Ability to allocate and review priorities to meet deadlines
Flexibility in approach and an ability to adapt to varying demands
Proven skills in problem identification and resolution
An ability to translate high-level objectives into action planning
Working knowledge of the Microsoft Office suite.
Experience of liaising with government personnel.
Previous experience working in the field of criminal justice
Previous experience of writing Working Papers preferably in Justice Sector
Previous experience working on a rule of law programme
Expert understanding of criminal justice system at national and international level
The project, “Protection of Right to Fair Trial and Due Process in Pakistan” follows a three tiered approach to successfully achieve its goal. The first tier of the project will gather evidence to “monitor” and “advocate for” “reforms to improve the effectiveness, integrity, and respect for due process”. This will be done through collection of data from court files, police files and interviews with the litigants and the defence lawyers. This information after careful statistical treatment will be scored against the consulted minimum guarantees of fair trial and due process in the Fair Trial Index (FTI), a monitoring tool forming the evidence for policy advocacy.
The second tier will focus on building the capacity of the criminal justice stakeholders; judges, lawyers, police, prosecutors, prisons officials and parole and probation officers who are integral stakeholders in protecting the minimum guarantees for fair trial to ensure effective implementation of the existing legal provisions for fair trial and due process to the accused. This tier will focus on sensitization on constitutional guarantees concerning fair trial and due process especially those faced by women and religious minorities. Training content will also educate them on the Article 14 and 15 of the ICCPR.
The third tier will support efforts to “hold government institutions accountable through citizen accountability mechanism. This accountability will be supported through Information, Education and Communication (IEC) campaign to “increase understanding among local communities”, especially students enrolled in law degree programs, of their rights to fair trial and due process and the need for policy reforms to protect them.
Specific Activities Summary:
The project will organize 3, 1-day Consultative Workshops in each provincial capital and Islamabad.
The project will identify relevant members of the technical working group to be invited for consultation.
The project will develop a working paper by conducting in-depth literature review, to be shared with the working group prior to consultation.
These Workshops will invite the participation of the criminal justice providers, to be identified in the literature review.
The workshops will gather a representative sample from all regions of each province. Confirmed participants will be sent brief working papers for the event 2 weeks in advance.
The workshops will discuss and evolve consensus around the specific guarantees that are best suited to define fair trial and due process in the context of Pakistan.
The workshops will gather recommendations of a minimum guarantees list from each stakeholders group.
This minimum guarantees list will be used gauge the adherence to the individuals’ right to fair trial and due process.