BACKGROUND
UNICEF and Child Protection in MENA
UNICEF works in 190 countries through country programmes, regional offices and National Committees throughout the world. UNICEF is the leading UN agency on child rights, advocacy for children and their wellbeing. UNICEF’s Medium Strategic Plan the focus areas of work are; Child Survival and Development, Basic Education and Gender Equality, HIV/AIDS and Children, Child Protection, Policy, Advocacy and Partnerships. Adolescent Development and Participation is crosscutting and related to all the above focus areas.
Today still, too little is known about the child protection challenges for boys and girls in the MENA region, especially when they come in contact with the law. Often these realities are much hidden, or ignored. Important efforts have been made in the recent past to strengthen the knowledge base on child protection issues and the elements of the protective environment. These efforts need to be further expanded and strongly pursued.
Juveniles Death Penalty – An Overview
The use of the death penalty for crimes committed by people younger than 18 is prohibited under international human rights law (see below), yet some countries still execute juvenile offenders. Twelve countries still have an age of criminal responsibility younger than 11 years and have provisions allowing for the death penalty to be imposed with respect to crime committed at the time the offender was a minor (below 18).
Since early 2009, only three countries – Iran (at least, nine executions), Saudi Arabia (at least, three executions) and Sudan (at least, one execution) – all of which are in the MENA region – are known to have executed individuals for a crime they had committed before the age of 18. In addition, Yemen and Pakistan have executed juvenile offenders in the last five years. The exact number of juveniles on death row in Iran is unknown, but Human Rights Watch estimates there to be over 100.
While such executions are few compared to the total number of executions in the world, their significance goes beyond their number and calls into question the commitment of the executing States to respect international law.
The prohibition on the juvenile death penalty is absolute in international customary law, and applies even in times of war. Both the Convention on the Rights of the Child, with 193 states parties, and the International Covenant on Civil and Political Rights, with 161 states parties, specifically prohibit capital punishment of persons under 18 at the time of the offense. In 1994 the UN Human Rights Committee stated that it considered the prohibition against executing children to be part of international customary law, and thus not open to reservations.
OBJECTIVES OF THE CONSULTANCY
Information regarding at least some of the legal and judicial issues, as well as the rationale vis-à-vis juvenile death penalty in Iran, Saudi Arabia, Sudan and Yemen is available. However, in order for UNICEF to ensure that its engagement on the issue of death penalty imposed on juvenile offenders (including its advocacy strategies and interventions) is effective and takes into consideration the political sensitivities around the issue, information regarding how UNICEF is responding in each of these countries needs be consolidated and analysed to clearly articulate ways in which UNICEF’s country offices will be able to more precisely and effectively engage in this issue which is being practiced in the MENA region more than anywhere else in the world. Each of the UNICEF CO concerned is indeed intervening, both in relation to individual cases and to reforming the law and social attitudes that condone the executions of juvenile offenders. With respect to individual cases, UNICEF intervenes especially in case of an imminent execution, but also throughout various judicial phases prior to the sentencing when the crime committed is a capital offence. In some instances, it also seeks to find remedies after the sentence has been handed, including through the facilitation of reconciliation between the families of the victims and of the offenders (including in relation to the ‘blood money’ option).
Accordingly and as per discussions at the Autumn 2010 RMT, UNICEF’s Regional Office for the Middle East and North Africa plans to undertake a mapping exercise of the four country offices concerned (Iran, Saudi Arabia, Sudan and Yemen) to document the various ways UNICEF is intervening in relation to juvenile death penalty and to analyse, through a sharing of experience and lessons learnt, a set of practical and concrete steps to address both individual cases, and legal and institutional reforms. Based on the mapping exercise, UNICEF MENARO will develop a short but practical guidebook or toolkit that can be used by country offices to more effectively undertake their work in the area of juvenile death penalty, in order to ensure that UNICEF’s engagement on the issue is relevant and effective.
WORK ASSIGNMENT:
In this regard, UNICEF MENARO requires one, or eventually a team of, consultant(s) to undertake the following tasks:
Part I:
Undertake a mapping exercise of each of UNICEF’s four country offices (Iran, Saudia Arabia, Sudan and Yemen) to: (a) Document how the concerned UNICEF country office is engaging in the issue specifically in term of: • interventions in favour of individual cases (at different phases of the judicial process); and • interventions that address some of the more structural issues at stake such as legislation, policies, politics, social and religious norms, etc.
(b) Provide an analysis of the situation as a whole, highlighting interventions that have been successful as well those that have been less so – particularly as they pertain to individual cases - as well the risks/issues associated with each of them. (c) Document recent examples in the region/in Muslim countries regarding the abolition of the death penalty against juvenile offenders, in particular to inform strategies regarding addressing structural aspects.
(b) Provide an analysis of the situation as a whole, highlighting interventions that have been successful as well those that have been less so – particularly as they pertain to individual cases - as well the risks/issues associated with each of them. (c) Document recent examples in the region/in Muslim countries regarding the abolition of the death penalty against juvenile offenders, in particular to inform strategies regarding addressing structural aspects.
Part II:
Based on the mapping carried out under Part I above and eventually, on a workshop with UNICEF and relevant partners (especially experts in juvenile justice in the context of the MENA region and in advocacy) to discuss the findings of the mapping, articulate concrete and practical ways for UNICEF to engage on the issue at the country level, as well as at regional and global level, to better achieve its goals including, but not limited to the following: • preventing the imposition of the death penalty (from preventing prosecutors to charge juveniles with capital offences to ensuring that judges do not hand down capital punishment), • finding alternative solutions to avoid capital sentencing, once a juvenile has been charged with a capital offence (such as the payment of blood money or other retributive forms of justice and other reconciliation options), and • finding alternative solutions to avoid execution when an execution is to be imminently carried out (including presidential or other grace).
The document should be in the form of a checklist / guidance note / toolkit which allows quick, easy and most importantly, practical suggestions (from a an advocacy point of view) for UNICEF country office representatives and their respective child protection teams regarding how to more effectively engage in the issue of juvenile death penalty in terms of what to do, how to do it, when to do it, along with risks and mitigating factors.
The consultant(s) will undertake the assignment using a variety of methods including undertaking a desk review of existing literature, interviewing relevant country office colleagues, and where necessary, travelling to country offices to undertake further research and data collection. With respect to Part II, this may also involve a workshop with relevant colleagues from COs and external partners having experience in undertaking advocacy on the death penalty (preferably with respect to juvenile offenders).
The consultant will not review the domestic legislation of each of the country concerned, in particular to assess their conformity with international law, and will not review how the fair trial guarantees for juvenile offenders are applied in the case of capital offences in each of the country concerned.
The consultant(s) will report to the Regional Advisor for Child Protection, Jean-Nicolas Beuze, and work closely with him in the process.
DURATION:
Part I:
Three months starting as soon as possible.
Three months starting as soon as possible.
Part II: Two months starting as soon as Part I of the assignment is completed.
DELIVERABLES:
WHEN WHAT
1. After two months Draft mapping of the four countries along with preliminary analysis of results. 2. One month later Final mapping exercise, based on comments/feedback provided by UNICEF MENARO and the four concerned UNICEF Country Offices 3. After six weeks (after completion of phase I) Draft guidance note for UNICEF Country Offices 4. Two weeks later Final guidance note, based on comments/feedback provided by UNICEF MENARO and the four concerned UNICEF Country Offices
DESIRED QUALIFICATIONS • A Master’s Degree equivalent in international studies, law or social science (development studies, political science, education, anthropology, sociology, public health or similar field) • Minimum 5 years of experience in an international or national child protection or child rights organization or with government programme for child protection/child rights or other related field • Proven research and analytical skills • Experience in advocacy work, especially related to human/children’s rights issues and experience regarding juvenile justice/death penalty, as well as knowledge of the MENA region, would be an asset • Background in religious / social norms is valued • Good knowledge and understanding of UNICEF • Previous Excellent interpersonal and communication, and writing skills • Proven ability to work within time constraints in the preparation of high quality documents • Fluency in English; Knowledge of Arabic would be an asset
FEES:
Rates will be based on a P3/P4 consultant (to be determined based on relevant qualifications and experience). Payment will be made upon completion of the final product for each part of the assignment.
Rates will be based on a P3/P4 consultant (to be determined based on relevant qualifications and experience). Payment will be made upon completion of the final product for each part of the assignment.
How to apply:
How to Apply Please submit in your application, your CV with a cover letter in which you describe your qualifications for this consultancy and express your interest to Ms. Besan AbdelQader babdelqader@unicef.orgby 5 April 2013.
