Country: Kyrgyzstan
Closing date: 30 Sep 2015
Terms of References
EXTERNAL CONSULTANT
Evaluation for**Project PI120285 :**“Access to justice for vulnerable people: children in conflict with the law and persons sentenced to life imprisonment” / « Promotion et défense des droits des mineurs en conflit avec la loi et des personnes condamnées à la détention à vie au Kirghizstan »
The Terms of Reference (TOR) is designed to contract an Evaluation Expert for carrying out External Evaluation of the “Access to justice for vulnerable people: children in conflict with the law and persons sentenced to life imprisonment” project implemented by Human rights movement “Bir Duino - Kyrgyzstan”. The evaluation will cover a period of 2012-2015 years. In addition, based on the evaluation results, the expert will help the project staff to elaborate the project strategy.
Background
Kyrgyzstan became independent in 1991 and formerly was one of the fifteen republics of the USSR. Reforming the country’s legal system in accordance with international laws and standards became a principal objective in the first years of its independence. The country has signed most of the UN international human rights treaties, among which are the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families and the Convention on the Rights of Persons with Disabilities. Many other principal international laws were adopted but their application in reality remains weak.
On June 25, 2007 the President of the Kyrgyz Republic signed amendments and additions to the Criminal Code of Kyrgyz Republic and other laws, replacing death penalty with life imprisonment. The parliament adopted a package of laws to humanize the criminal law and its regulations, including those concerning the right to life and brought them into conformity with the amended Constitution.
Presently, there are about 10 000 prisoners in the country of which 280 are life sentenced prisoners.
As for the juvenile justice system, the legal framework for juvenile justice consists mainly of the Criminal Code, adopted in 1997, and the Code of Criminal Procedure and the Criminal Execution Code, adopted in 1999. A package of amendments adopted in 2007 and known as the ‘Law on Humanization’ has led to significant improvements, including a decrease in the number of prison sentences imposed on juveniles and an increase in the number of cases closed because the offender has compensated the victim. Still up to date there are no juvenile courts or juvenile judges in the country. The exact number of juveniles varies from year to year as well as different reports. As per the last evaluation report by UNICEF (2011) the number of convicted juveniles was 35 persons.
Thus, despite the existing legal framework and reforms undertaken by the Kyrgyz government in terms of the rights of the prisoners sentenced to life and juvenile justice the actual conditions of imprisonment and detention are critical. In addition, the treatment of cases for both target groups requires better review.
The Human rights movement “Bir Duino - Kyrgyzstan” (BDK) active from 2000 is one of the leading human rights defense NGOs which has gained trust of the society and built a good network and partnership with partner NGOs, the government and the ombudsman institute in Kyrgyzstan. It has representation on the national and local level. Officially registered in 2005, the organization had been previously known as the public association -“Citizens against Corruption”. The NGO’s main objectives were to fight against corruption, poverty, injustice as well as defend human rights. Due to internal issues the organization had to re-register as a new entity with restructured membership, policy and strategy. Secours Catholique collaborates with BDK since 2005 and in 2009 the NGO received an award for its human rights activities from the government of France.
Project objectives
Main objective:
To promote and defend the rights of the prisoners sentenced to life and the rights of the children in conflict with law in Kyrgyzstan
Specific objectives:
- To provide assistance and improve conditions of detention of the prisoners sentenced to life and juveniles;
- Work towards humanizing the judicial and penitentiary systems;
- To provide free legal assistance to detained persons sentenced to life, to detained juveniles as well as their families.
Purpose\*The purpose of the evaluation is to conduct a thorough analysis of the strengths and weaknesses of theHuman rights movement “Bir Duino - Kyrgyzstan”**and**to help improve the program and develop its long-term strategy. Specifically, the review of their efficiency, organizational capacity, and working methodologyshould be done. Thus the following points are to be studied with special attention.*
- To assess the degree to which the objectives pursued have been achieved, in terms of qualitative and quantitative results; to review the organizational mission and approach.
- To investigate to what extent the project’s outcomes (physical and immaterial services delivered to the beneficiaries) are met if they are sustainable in the long term.
- To review the project cost-effectiveness;
- To assess the organizational structure in terms of management and governance;
- To evaluate organization’s fundraising strategy and capacity;
- The evaluation should contain conclusions and recommendations at both the strategic and operational level.
Expected results
- To examine project management, work plan and project outputs results;
- Stakeholder analysis and deviation from plan analysis;
- Qualitative survey on the perception of stakeholders and beneficiaries of project outcomes;
- Information concerning relevance, efficiency, effectiveness, sustainability and impact of the project;
- Overall evaluation of perception, knowledge and feelings of stakeholders and beneficiaries of the project.
Methodology (for site work)
- Evaluator will review all activities with on-site observations and considering the quality of the work accomplished. A combination of observation and discussion will allow identification of the changes.
- This can be considered on both a network and beneficiaries level: partner institutions/organisation, prisoners if accessible, minors or their families.
- Interviews with all actors: government authorities, penitentiary system, ombudsman institute, social and medical service providers, police, other NGOs and key sources of information in the area. Activities (for evaluator)
- Study of documents related to the project
- Meeting with donor for briefing/debriefing
- Interview/working groups with NGO staff
- Site visits
- Focus groups and interviews with stakeholders (depending on context/conditions; to be decided depending on each target group)
- Further evaluation activities (the need for which will be identified by the evaluator during preparation of the mission or report)
- Report writing
Debriefing and submission of reports
- The first draft report, in accordance with the format provided in Annex, shall be submitted by electronic transmission (Word 7.0 format or a more recent version) within 10 calendar days after the consultant's return from the field. The partner being evaluated has 5 working days to make its comments.
- A final report should be given to the donor office after 5 calendar days after the comments from the partner being evaluated (and in any case 2 week(s) after the end of the implementation period).
Timeframe
The evaluation will take place in October 2015 and will last 5 working days in Bishkek, plus additional time to complete the report, beginning with the date of signature of the contract by the parties, and ending no later than two weeks after the end of the evaluation, with the acceptance of the final reports.
Qualification requirements
- Higher education in law. Graduate degree in sociology, political science could be accepted.
- Quantitative (working with data) writing and analytical skills.
- Experience in conducting interviews and independent research.
- Proven expertise in human rights, social protection, public health work/assessment in post-soviet area
- Good organisational and planning capacity.
- Excellent reporting and communication skills (working with beneficiaries and different partners including authorities).
- Knowledge of Russian and English languages.
- Computer use skills (Excel, Word, and Powerpoint).
How to apply:
Proposal submission
The proposals must be submitted no later than 30 September 2015 to:
hugues.rostaing@secours-catholique.org
The decision on the selected proposal will be given on 9 October 2015.
Presentation of the technical proposal and selection criteria
The technical offer will include at least the following:
- Detailed CV of the consultant with the list of publications
- Proposal of evaluation framework
- Working plan
- Financial proposal including daily remuneration and taxes
NOTE:
All expenditures related to the professional travelling, daily subsistence and other administrative expenditures will be reimbursed on the basis of effective expenditures that are duly justified. The consultant will charge SCCF for that.