NC– Community Based Conflict Resolution (Mediation) & Legal Aid

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Introduction

Country: Bangladesh

 

Description of the Assignment:  

Community security is an increasing concern in Cox's Bazaar District. The influx of more than 740,000 Rohingya refugees since August 2017 has created security dynamics. It has also amplified pre-existing issues, such as drug smuggling, human trafficking, and violence against women and children. The situation in the refugee camps is especially troubling, given an increase in murders and kidnappings in 2019. Camp residents face a range of safety issues, including theft, lack of lighting, drug use and smuggling, human trafficking, disputes over aid distribution, and gender-based violence. As the situation becomes more protracted, security issues in the camps and the rest of the District will become increasingly interconnected. The host communities are also facing the problem of enormous drug and human trafficking, disputes over livelihood and resource allocation, and domestic and gender-based violations.

Enhancing Community Safety, Peaceful Coexistence and Access to Justice Project (CSPC) project is designed on the work and lessons of UNDP - C2RP project and uses an area based approach that integrates strongly cross-linked interventions between community security, peaceful coexistence and access to justice with participatory local governance to implement the following interventions. Based on the lesson learned, , it has been found that there is a critical need to support the communities to ensure their safety and easy access to formal and informal justice. The formal judiciary is extremely overburdened with huge case backlogs and as per the Supreme Court of Bangladesh report there are over 4 million cases are pending for around 1,900 judges for dispensation of justice till September 30, 2022. There are also around 37000 cases are pending in the Cox’s Bazar District Judiciary and only 41 Judges are responsible to deal the cases. According to the statistics of Women and Tribunal Court of Cox’s Bazar around 9000 cases are pending for three judges so, the rate of case disposal is very low though there are other factors that delayed the case and finally it is long pending. This Huge burden of pending cases extends the delay of disposal in both civil and criminal matters. It is estimated on a study by UNDP that the litigants visit on average 63 times and the average duration of a civil and criminal case is 5.3 years and 3.7 years that increases litigation costs and discourages justice seekers specially poor community people including womens discouraged to get remedy through formal judicial system. Furthermore, the Supreme court has identified four major causes behind the backlog situations, namely –

·      Insufficient human resources (Judges, Staff members)

·      Inadequate knowledge, skills and motivation

·      Ineffective and outdated Rules/Orders, policies and systems

·      Insufficient physical facilities.

 Therefore, The Enhancing Community Safety, Peaceful Coexistence and Access to Justice Project (CSPC) of CXB is supporting relevant Government agencies including judicial sectors and other local justice sector institutions to increase their capacity to mitigate limitations and ensure easy access to formal and informal justice delivery mechanism for both the Rohingya and host communities. The project focuses on strengthening the capacity of host communities, government institutions, and justice sector stakeholders to provide quality justice services and establish social harmony. To achieve this, local stakeholders such as the Mediators Forum and Legal Aid Committee will be empowered through improved knowledge and skills to support the mediation and legal aid programmes at Ukhiya and Teknaf. In line with this objective, the CSPC project intends to hire an IC Consultant - Community Conflict Resolution (Mediation and Legal Aid) for Ukhiya and Teknaf. The consultant will play a crucial role in developing training module to enhance capacity and skills of the local stakeholders, including the Union and Ward level Mediators Forum, Union Legal Aid Committee, Union Parishad body, Youths and local leaders on mediation and legal aid, in alignment with the project's needs

Period of assignment/services: 105 working days over the period of 6 months.

 

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Documents :

Negotiation Document(s) (Before Accessing other negotiations Document(s), please click on this link)
Sustainable Procurement Indicators :Social - Human rights and labour issues