Overview & Responsibilities
BACKGROUND
Sustainable Development Goal (SDG) 16 emphasises the importance of access to justice for all in the development of peaceful and inclusive societies where effective, accountable and inclusive institutions govern at all levels. Whilst the values and standards of the rule of law are universal, the pathways to inclusive and equitable justice are diverse, both in substance and procedure. In this regard, ensuring access to justice implies understanding and promoting both formal and Alternative Dispute Resolution (ADR) mechanisms. In Kenya, Article 159 (1) (C) of the 2010 Constitution encourages the use of “alternative forms of dispute resolution including reconciliation, mediation, and arbitration”. Notwithstanding this constitutional provision, Alternative Dispute Resolution is limited by several interconnected factors, including (i) The lack of a unified policy and legal framework; (ii) Weak linkages between formal and informal justice systems; (iii) Limited capacity of ADR actors; and (iv)Lack of standardisation of ADR practices. The limited use of ADR is, in turn, contributing to limited access to justice for the Kenyan population, especially marginalised groups, who are already affected by the challenges faced by the traditional justice system. This limited ability of the duty bearers (both in the formal and informal systems) to deliver on their mandates translates into several negative effects, including (i) Limited public confidence; (ii) Inefficient administration of justice; and (iv) Threatened gender equality.
Noting the findings of the AJS policy baseline report, which recognises AJS as a framework for expanding Human Rights and Human Autonomy. Correctly conceived, AJS is an important tool for the vindication and expansion of human rights and gender equality. The Policy recommends the framework of a rights-based obligation anchored on three Pillars or Guiding Principles, namely the duty to Respect, Protect and Transform.
To this end, the Kenya National Council of Elders, in partnership with IDLO, seeks to engage a consultant to develop a training manual for the National Council of Elders on Human Rights Standards and ADR.
THE KENYA NATIONAL COUNCIL OF ELDERS
The Kenya National Council of Elders (KeNCO) is established to support AJS mechanisms and enhance access to justice under Article 159 of the Constitution to make and execute community laws, to listen to and settle disputes, and to pass on community knowledge and norms across generations in their role as the custodians of traditional culture. KeNCO works to actualise Customary Informal Justice (CIJ) Systems and is a key implementer of justice in terms of the enforcement of customary law.
THE ASSIGNMENT
The manual will be used to guide training for members of the National Council of Elders on Human Rights standards in dispute resolution, including in Alternative Dispute Resolution (ADR). The manual will facilitate training on Human Rights and ADR topics that respond to the specific needs of members of the National Council of Elders as identified in the AJS baseline policy report and IDLO capacity needs assessment report.
The Consultant’s duties and responsibilities will include:
- Develop an inception report indicating an understanding of the assignment, a proposed work plan for the execution of the assignment, methodology and timelines.
- Carry out extensive desktop and field research to identify the capacity needs of members of the National Council of Elders on Human Rights standards and ADR.
- Conduct wide stakeholder consultations in the process of developing the training manual.
- Using the findings, develop a Draft Training Manual for members of the National Council of Elders on Human Rights standards and ADR.
- Facilitate validation of the draft training manual with stakeholders and incorporate feedback into the draft report.
- Refine and submit a final training manual for members of the National Council of Elders on Human Rights standards and ADR.
- Any other task(s) related to fulfilling the objectives of the contract.
DURATION
The consultancy contracts will run from 15th December 2022 to 30th March 2023. The assignment is output-based, and flexibility of schedules and availability might be required to ensure the completion of work within the time frame.
Job Requirements
The consultant(s) should have the following skills, qualifications and experiences:
Education
- Bachelor’s Degree in Public Policy, Organizational Development, or related discipline from a university recognised in Kenya.
- A master’s degree or additional studies in curriculum development will be an added advantage.
Experience
- Minimum of 10 years of relevant work experience in Human Rights and ADR institutional and legal reforms, preferably with Informal justice actors.
- Proven experience in developing training manuals and conducting training needs assessments.
- Demonstrated understating of Human Rights standards and ADR in Kenya
- At least one publication in a related field of study
Technical competencies
- Excellent organisational, interpersonal and communication skills.
- Excellent work ethic founded on the principles of integrity, impartiality, and confidentiality.
- Professionalism in the process of engaging stakeholders.
Terms & Conditions
Applications will be screened on regular basis; a qualified applicant might be recruited before the deadline. In the interest of making the most effective use of resources, only short-listed candidates will be contacted during the selection process.
IDLO is an Equal Opportunity Employer and values diversity in all areas of its operations. We welcome applications of qualified and diverse candidates.
IDLO is committed to achieving a 50/50 gender balance at all levels within its workforce. Female candidates are strongly encouraged to apply for IDLO vacancies.
IDLO does not tolerate sexual exploitation or abuse, any kind of harassment, including harassment of a sexual nature; or discrimination. As such, IDLO will conduct careful reference and background checks of all selected candidates as part of its selection process.
Application closing date:10 December 2022
DISCLAIMER
The above statements are intended to describe the general nature and level of the work being performed by the employee/consultant/intern 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 consultancy opportunity to meet business and organizational needs as necessary. All applications will be treated with the strictest confidentiality and in compliance with IDLO’s policy on personal data protection
More Information
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