Mapping of potential service providers who may offer placeme...
Terms of Reference
Mapping of potential service providers who may offer placement for children in conflict with the Law benefiting from alternative to detention
Terre des hommes (Tdh) is a leading worldwide reference on restorative juvenile justice, which accumulates over 40 years of experience in the Palestinian context. The Access to Justice Programme aims at contributing to develop and to improve justice systems by enhancing the restorative approach and in particular by promoting alternatives to trials, detention and specialized custodial care for children, better prevention and reintegration, and synergies in contexts of legal pluralism. Tdh’s strategic plan creates a comprehensive framework for action that combines axes on operations, advocacy, research and quality and accountability, with a view to creating lasting and meaningful change in the lives of children in contact with the law. The Access to Justice Program currently operates at global, regional and national levels where in Palestine it has been operating in both West Bank and Gaza since 2010.
The General Committee on the Rights of the Child underlined the importance of utilizing the non-custodial measures for children in conflict with the law to ensure that detention of children is a measure of last resort (CRC, 2019). Additionally, the Committee has encouraged state parties to benefit from the wide experience in implementing non-custodial measures -including restorative justice measures- to develop and implement measures in conformity with their own culture and traditions. Consistent with the national and international laws, Tdh has been actively engaged in implementing and/ or supporting non-custodial measures to maintain and respect the best interest of a child. Since 2017, as part of the activities implemented under Access to Justice Programme, alternatives to detention were, unprecedently applied in the Gaza Strip, as an option for 21 children from 15-17 years old who were in conflict with law and were detained at Al Rabee Social Welfare Institution.
In cooperation with the Ministry of Social Development (MoSD), children were eventually able to access the Gaza Vocational Training Center owned and operated by MoSD as an alternative to detention in accordance with Articles 12, 16 and 18 of the Juvenile Offenders Ordinance of 1937, after being sentenced by one-year enrolment into Vocational Training Centres. The practical process was not that simple, where many obstacles related to the application of such legal option in the Gaza Strip and the need of clear coordinated and capitalized vision in relation to children in conflict with law made the experience challengeable and in need of close exploration and analysis.
Tdh, jointly with UNCIEF is planning to expand the scope of available alternative to detentions to cover other options along with enrolment into vocational training centers. Such options could include, but not limited to placement in a social care home and social control order. The available options of alternative to detention should take into account the child age and types of offense committed.
Tdh is seeking an external consultant to map and identify Ministries and organizations that have the capacity to host children in conflict with law benefiting from alternatives to detention. There is no doubt that Ministries, NGOs, the private sector, and the Civil Society Organizations have an extremely important role to play in all aspects related to Alternative to Detention for children in the Gaza Strip. This role is not limited to providing accompaniment, psychosocial and legal support on the matter, but goes beyond in providing support to the places where measures, such as alternative to detention, are to be implemented.
Thus, under this consultancy, Tdh is aiming to identify services providers who could offer a placement for children in conflict with the law benefiting from alternatives to detention.
Objective of the consultancy:
The general objectives of this consultancy are to assess:
- The capacity of selected Miniseries, Community Based Local Organizations, Youth Clubs, NGOs, and Private organizations to host children in conflict with the law benefiting from alternative to detention.
- Appropriateness of selected Miniseries, Community Based Local Organizations, Youth Clubs, NGOs, and Private organizations to host children in conflict with the law benefiting from alternative to detention,
- Readiness of selected Miniseries, Community Based Local Organizations, Youth Clubs, NGOs, and Private organizations to host children in conflict with the law benefiting from alternative to detention, and
- Efficacy of available options offered by Community Based Local Organizations, Youth Clubs, NGOs, and Private organizations for children in conflict with the law benefiting from alternative to detention
- The physical accessibility of selected Miniseries, Community Based Local Organizations, Youth Clubs, NGOs, and Private organizations to host children in conflict with the law benefiting from alternative to detention
- Ability of selected Miniseries, NGOs, and private organizations to thoroughly monitor and follow up the cases of children benefiting from alternative to detention.
To carry out this activity, the Consultant, jointly with Tdh, UNICEF, and Ministry of Social Development staff will propose well-defined criteria to assess the organizations against; the criteria should cover appropriateness, readiness, and capacity of organizations to host children in conflict with the law benefiting from alternative to detention. Based on the proposed criteria, a list of potential organizations to be assessed from Gaza Strip will be identified.
The Consultant will need to propose a methodology, including data collection tools. The methodology must be discussed and approved by Tdh, and Ministry of Social Development, with involvement of UNCIEF.
- A workshop report clearly identifying criteria to assess the organizations against, the criteria should cover appropriateness, readiness, and capacity of organizations to host children in conflict with the law benefiting from alternative to detention
- A final mapping report showing the recommended institutions to host children in conflict with the law benefiting from alternative to detention based on organizations: capacity, appropriateness, readiness, efficacy (number of potential children the organization can host and associated cost per child, if any).
Duration of the consultancy
- Between December 2019 and January 2020, it is estimated the consultant will require a total of 20 working days to complete the entire assignment.
Accountability and support
- The consultant will be accountable to Tdh`s Access to Justice Specialist and will receive support from Tdh Head of Gaza Office, if needed. Access to Justice Regional Coordinator will also review the tools and deliverables. Tdh will provide the consultant with all relevant documents to assist in the process of preparing for the mapping exercise and producing mapping report.
Qualification of the Consultant
- Experience in conducting assessments and mapping reports
- Remarkable experience in data collection and data analysis
- Strong analytical and English writing skills
- Experience in working with local NGOs
- Good understanding of Palestine’s Legal frameworks
- Good understanding of Access to Justice, particularly for children
Submission of Expression of Interest
Interested consultants are expected to submit a detailed expression of interest (technical and financial proposal) within the following components:
- Work schedule
- Proposed budget
- CV(s) of the individual(s) who will undertake the consultancy
- Example of previous similar assignments, if any
Expression of interest consisting of separate and sealed technical and financial proposals should be delivered in hardcopy to Tdh office, Gaza, Abu Galyon Building no.2, Third floor by December 10, 2019.