SHORT TERM CONSULTANCY: DEVELOPMENT A BENCH BOOK FOR JUDGES AND MAGISTRATES ON HOW TO ADJUDIATE CASES OF TRAFFICKING IN PERSONS IN LIBERIA

BACKGROUND 

IDLO is an inter-governmental organization exclusively devoted to promoting the rule of law. Starting in September 2019, IDLO has been implementing a project that focuses on ¬¬ “Fighting Trafficking in Persons (Tip) In Liberia”, with support from the United States Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL). Given its mandate, IDLO focuses on providing technical and capacity building support to the Government of Liberia to counter trafficking in persons through enhancing the effectiveness of law enforcement and justice actors in their response to trafficking in persons in Liberia. This work builds on current efforts by the Government of Liberia to combat trafficking in persons and expand on the joint achievements of the previously IDLO-implemented: “Strengthening the Capacity of the Police and Other Law Enforcement Agencies to Effectively Respond to Trafficking in Persons Project” (TIP Project).

IDLO’s current project is supporting the efforts of the Government of Liberia to combat trafficking in persons in all its forms, given that Liberia is classified as “Tier 2 Watch List” by the 2019 U.S. State Department report on trafficking in persons. As the report points out, Liberia, sadly, remains both a source and destination country for trafficked persons, especially women and children. The Government of Liberia is cognizant of the challenges of trafficking in persons and has taken some steps to address the issue. For example, in 2018/19, the National Taskforce on Trafficking in Persons’ developed a five-year National Action Plan 2019-2023 (NAP) to address trafficking in persons. The current NAP focuses on four key areas: prevention, protection, prosecution and partnership. With the support of IDLO, the Government of Liberia’s new NAP is a sign of the Government’s commitment and exertion of political will to mount an increasingly robust response to the problem of trafficking in persons (TIP).

While the Government continues to make strides in fighting TIP, convictions are still low and challenges remain in implementing an effective response to TIP in Liberia. For instance, according to the 2019 U.S. State Department report on TIP, the Government of Liberia investigated 5 cases, initiated prosecutions of 2 defendants, and convicted 1 trafficker, compared with 4 investigations, 4 prosecutions, and 4 convictions in the previous reporting period. In other cases, prosecutors may have pursued other charges, including rape, in lieu of sex trafficking. Another challenge has been the lack of understanding of the definition and scope of TIP, in particular domestic TIP, which is often misreported as gender-based violence or unfair labor practices/child labor. Similarly, there is need to increase the knowledge of justice actors, especially judicial officers on TIP to improve their efficiency in adjudicating TIP cases. While efforts have been made by the Judicial Institute to develop resource materials for judges and court officers, resource material for the bench on TIP has not been developed. The absence of a bench book on TIP could possibly impact on how judicial officers adjudicate TIP cases and whether domestic and international law and best practices are followed.   

THE ASSISGNMENT 

Against this background, IDLO seeks the services of a technical expert with understanding and expertise working with justice sector actors, to undertake the development a bench book for judges and court officers to enhance their capacity to adjudicate cases. IDLO intends to support the development a bench book for judges and magistrates on domestic, regional and international law and practice. The consultant will provide technical guidance and work alongside Liberia’s Judicial Institute, to develop a bench book  on how to effectively adjudicate TIP cases. The bench book will include, where applicable, recommendations for law reform of Liberian court practice and procedures. The bench book compliments other existing bench books and legal compendiums that have been developed by the Judicial Institute for judges, magistrates, and court staff. The bench book will also provide tools to better handle victims and perpetrators in court, develop relevant case studies, and provide recommendations to improve the court procedures for TIP cases. 

DUTIES AND RESPONSIBILITIES

• Review existing literature and legal and policy frameworks on TIP, including the U.S State Department 2019 report on Liberia, and legal bench books for Liberia justice sector among others.
• Review Liberia’s legal and procedural framework and case law on TIP.
• Develop and submit and inception report including a proposed layout of the bench book.  
• Through a 10 days fieldwork, the consultant will work with the judicial institute, the Ministry of Justice and the National Anti-human Trafficking Taskforce, among others.
• To work with Judicial Institute to articulate the role of the bench in judicial activism on TIP.   
• Based on review of existing literature and fieldwork (stakeholder engagements and meetings), develop a bench book on the role of judges and judicial officers in adjudicating TIP cases. The bench book should include where applicable recommendations for law reform of Liberia’s bench or court officers. 
• The bench book should provide a simple but effective roadmap to guide judges, magistrates and court officers on effective adjudication of TIP cases. 
• Facilitate consultations and stakeholder roundtable workshop to review and validate the draft bench book. 
• Submit a final version of the bench book.

DELIVERABLES

The consultant shall deliver the following deliverables;

1. An inception report detailing the understanding of the terms of reference, a proposed methodology, detailing his/her approach to developing the bench book. 
2. Provide a clear work plan indicating clear timelines and milestones. 
3. A draft bench book on domestic, regional and international law and best practices on the adjudication of TIP, including recommendations for law reform of Liberian court practice and procedure on TIP.
4. Facilitate consultations and stakeholder roundtable workshop to review and validate the draft bench book.
5. Final copy of the bench book on domestic, regional and international law and practice on adjudication of TIP, including recommendations for reform of Liberian court practice and procedure. 

These Terms of Reference will at all times, guide the Expert:

• Carry out the services and perform his or her tasks with reasonable care, skill and in an efficient and professional manner.
• Ensure a high degree of quality in his/her output.
• Observe strict confidentiality.
• Carry out tasks, presenting outputs to IDLO on/or before agreed deadlines.
• Be guided by these terms of reference.

IDEAL CANDIDATE PROFILE 

Required: The ideal candidate must have the following qualifications and experiences;

1. Hold an advanced University degree in Law, Social science/Education/Public policy, etc.
2. Demonstrable experience in conducting capacity building training and workshops. 
3. Experience working in post conflict countries, preferably in West Africa. 
4. At least ten years working in the justice sector as a prosecutor or judicial officer. 
5. Demonstrated experience in developing similar content for judicial officers. 

Desirable: The following attributes would be an added advantage;

1. A degree in law or policing will be an added advantage.
2. Expertise in justice sector reform, prosecution, on the bench, rule of law and human rights, with knowledge and experience on trafficking in person and SGBV.   
3. Experience developing tools and resources for judicial officers.  

REPORTING AND SUPERVISION

The Consultant will report to the IDLO Liberia Country Manager and/or to any other reporting line as may be determined by IDLO Liberia. 

ESTIMATED TIMEFRAME 

The assignment will commence on 13th April to 15th June 2020. The work will be undertaken over a period of 45 (forty-five) working days. The assignment will be undertaken on an output basis at lump sum rate to be spread across the delivery period for the services rendered in furtherance of these terms of reference. 

TERMS AND CONDITIONS 

Terms and conditions will be set according to the program implementation needs. Candidates should prove their ability to work and travel to and in Liberia

DISCLAIMER AND CLOSING DATE 

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

Application deadline is 27th March 2020.