Human Rights Defenders Act – Term of Reference 71 views1 application

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 defenders in Ethiopia, LHR in collaboration with Civil Rights Defenders (CRD) intends to hire a consultant to assess the need to enact human rights defenders act and then draft the human rights defenders act.

II.  The Assignment

Human rights defenders play significant role in the protection and promotion of human rights. The UN Declaration on the rights and Responsibilities of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms or ‘Declaration on Human Right Defenders’ nowhere defines the phrase ‘human rights defenders’ but acknowledges a right for everyone to promote and to strive for the protection and realization of human rights automatically consider every one of us potentially a human right defender. Human right defenders are generally identified by what they do and through a description of their actions. Accordingly, anyone who advocates for the promotion and protection of human rights can simply be identified as a defender. Nevertheless, as a minimum requirement, human rights defenders must accept or be abide by the basic human right principles such as the universality and indivisibility of human rights.

The declaration also stipulates duties and responsibilities of States including a duty to ensure the protection, promotion and implementation of all human rights, to ensure the protection of everyone against any violence, threats, retaliation, adverse discrimination, pressure or any other arbitrary action of the state or non-state actors as a consequence of his or her legitimate exercise of the rights under the declaration and to conduct prompt and independent investigation of alleged violation of human rights, and to provide effective remedy for the violation of human rights. It also imposes a responsibility on the states to take all necessary legislative, judicial and administrative measures to give effect to what is contained in the Declaration.

In the Ethiopian context, human rights defenders were previously harassed, imprisoned, charged by disguising anti-terrorism and other oppressive laws such as CSO law and Mass media and access to information law. In the last three years, the Ethiopian government have undertaken legal and institutional frameworks by widening civic space and repealing oppressive laws. Yet, the state, beyond liberalizing the civic space, should equally make sure that human right defenders are protected from intimidation and harassment by the state agents and/or non-state actors. The last three years have particularly witnessed a very frightening working environment for human right defenders and political activists because of threats and reprisals coming from state agents, individuals, interest groups and other non-state actors.

One of the areas that the Ethiopian government accepted recommendations in the Universal Periodic Report (UPR) relates to human rights defenders. It has accepted the recommendation to take further measures to ensure the safety and freedom of action of human rights defenders. Legislative measures should be part of the measures to ensure the safety and freedom of action of human rights defenders.

Research conducted and published under the auspice of LHR indicates that even if there is a remarkable growth on human rights movement over the last few decades with the active and unreplaceable role of human right defenders across the world defending human rights and fundamental freedoms. Ethiopia did not yet enact a law that recognizes and elaborates rights of human rights defenders. This project activity is intended to take this effort forward and initiate discussions on the necessity of taking legislative measures to protect human rights defenders.

Accordingly, LHR with the support of the Civil Rights Defenders (CRD) and in collaboration with Ethiopian Human Rights Defenders Centre (EHRDC), plans to conduct a workshop by bringing together civil societies and relevant government bodies with a view to discuss and lobby the importance of enacting human rights defenders act in the promotion and protection of human rights in Ethiopia. The objective of this consultative workshop will be to create awareness about who human rights defenders are and discuss protections given to them in Ethiopia. Special emphasis will be given to the roles of lawyers in the protection of human rights defenders. The resultant effect of the workshop will be preparation of draft human rights defenders’ act which is believed to serve concerned government bodies as a model. In order to do so, a consultant will be hired to draft the law and present it in the same workshop

III.Objectives

The main objective of the assignment involves conducting assessment on the need to enact human rights defenders’ law in Ethiopia with a view to strongly justify the importance of enacting the HRD act and then draft human rights defenders act. This draft is hoped to serve relevant government bodies to initiate the legislative process by taking the model human rights defenders act. The consultant will also present the assessment and draft bill to a consultative workshop to be organized by LHR and incorporate comments and suggestions.

The following includes specific objectives:

• International and regional instruments that recognize the protection of human rights defenders;
• Positive practices from other African and EU countries on the need to enact human rights defenders’ law;
• Assessment of protections of human rights defenders in the Ethiopian domestic legal system;
• Challenges human rights defenders face in Ethiopia;
• Gaps and recommendations
• Drafting model human rights defenders’ acts

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 the assessment on the need to enact human rights defenders’ law in Ethiopia, draft human rights defenders act, 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 on the need to enact human rights defenders’ law in Ethiopia and draft human rights defenders act. Presentation of these in the workshop and finalizing the draft law based on the comments to be forwarded in the consultative workshop are also expected be delivered by the consultant.

The Consultant is required to submit the assessment report at the end of the first month after the signing of the contract and the draft human rights defenders act at the end of the second month after the signing of the contract. 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.