Child Soliders – Term of Reference 74 views2 applications

TOR to Conduct Assessment on the need to Enact Human Rights Defenders in Ethiopia and Draft Human Rights Defenders Act

I. Background

Lawyers for Human Rights (LHR) is an Ethiopian civil society organization re-registered on September 19 2019 before the FDRE Civil Societies Organizations Agency in accordance with Proclamation No. 1113/2019. The objectives of the Organization to promote and advocate human rights among others through increasing the participation and contribution of lawyers in the area of human rights through trainings and other capacity building activities, supporting lawyers across the nation and help exchange of ideas, information and experience for better protection of human rights and prevalence of human rights, litigating before courts other relevant organs to ensure protection and promotion of human rights recognized under the FDRE Constitution and other laws, awareness creation for justice organs on international human rights instruments ratified by Ethiopia, providing free or low cost legal services for victims of human rights violation particularly disadvantaged communities, influencing the government to enact new laws or amend existing ones to give full protection for human rights, familiarizing the idea of human rights defenders (HRD) among the lawyers .

As part of its effort to work towards better protection of human rights in Ethiopia, LHR in collaboration with Civil Rights Defenders (CRD) intends to hire a consultant to assess legal frameworks of children in armed conflicts with a view to clarify the accountability of actors who recruited and used child soldiers.

II. The Assignment

The Convention on the Rights of the Child (CRC) was enacted to provide normative framework for the rights of children as “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth”. Despite state parties’ efforts in ratifying the CRD, children were/ are recruited and used in armed conflicts around the world.

With a view to protect children from recruitment and use in hostilities, the UN General Assembly adopted the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict on 25 May 2000 and entered into force on 12 February 2002. Ethiopia has ratified the Protocol declaring “… in accordance with Article 3(2) of the said Optional Protocol, the Government of the Federal Democratic Republic of Ethiopia declares that the minimum age at which it will permit voluntary recruitment into its national armed forces is 18 years old….”

The issue of whether children are properly protected in the current conflict between the Federal Government of Ethiopia and Tigrayan Peoples Liberation Front (TPLF) has been contested. There has been news on world mainstream media that the TPLF has been recruiting child soldiers and take part in armed conflicts.

The Protocol imposes obligation on state parties to take measures against armed groups recruit or use in hostilities persons under the age of 18 years, including the adoption of legal measures necessary to prohibit and criminalize such practices. However, no such legislative measures were taken so far.

It is, therefore, with this background that LHR seeks to conduct an assessment of the legal frameworks, both international and domestic, of children in armed conflicts with a view to clarify the accountability of actors who recruited and used child soldiers.

III. Objectives

The main objective of the assignment involves conducting conduct an assessment of the legal frameworks, both international and domestic, of children in armed conflicts with a view to clarify the accountability of actors who recruited and used child soldiers. LHR will organize a one-day workshop where the assessment report will be presented and discussed on among relevant governmental and non-governmental bodies.

The following includes specific objectives:

• Supranational Normative frameworks regulating Children in Armed Conflicts with particular focus on recruitment and use of child soldiers;
• The comparative experiences on the accountability of actors who recruited and used child soldiers;
• The existence of sufficient legislative framework to criminalize the violations of recruiting child soldiers;
• Ethiopia’s effort in ensuring Accountability state and non-state actors for recruiting and using child soldiers;
• Assessment on the prevalence of the recruitment and use of child soldiers in the recent conflict in norther Ethiopia;
•  Gaps and recommendations in ensuring accountabilities.

Methodology

While the researcher is expected to design appropriate research methods, the following could be mentioned as guides:

• Quantitative and qualitative analysis of data, legislations and cases
• Surveys
• Focus group interviews
• Secondary data analysis

Responsibilities of the Consultant

Conduct an assessment of the legal frameworks, both international and domestic, of children in armed conflicts with a view to clarify the accountability of actors who recruited and used child soldiers. He/she will then present it in a consultative workshop to be organized by LHR and incorporate comments.

Design appropriate methodology for data collection and field research, if necessary;

Submit an inception report with two weeks after signing the contract;

• Produce assessment report of between 20-25 pages within one month from the date of award;
• Produce draft human right defenders act within two months from the date of award;
• Present the finding of the research work in workshops or consultation forums to be organized by LHR;
• Undertake the assignment with due ethical considerations;

Responsibilities of LHR

• provide guidance and technical assistance to the expert;
• provide timely feedback on the work of expert
• oversee the work of the expert
• process payment in a timely manner

Deliverables and Reporting

The consultant is required to deliver the assessment report of legal frameworks of children in armed conflicts with a view to clarify the accountability of actors who recruited and used child soldiers.  Presentation of the report in the workshop and incorporating comments are also expected be delivered by the consultant.

The Consultant is required to submit the draft assessment report 45 days after the signing of the contract, address comments in five working days and submitting the final draft ten days after the workshop. The report shall be shall be written in Times New Romans with 12 font sizes and 1.5 spacing.

Expertise Required

• At least Master’s Degree in Law preferably with focus on human rights or international law;
• At least 5 years of relevant work experience in human rights areas in Ethiopia;
• Strong analytical, research, field assessment and report writing skills;
• Ability to work independently and respond to feedback in a timely and professional manner;
• Excellent communication, interpersonal and organizational skills, and attention to details;
• Excellent skill in written and spoken English;
• Excellent computer skills and knowledge of internet communications