The Government of The Gambia, in partnership with the United Nations Development Programme (UNDP), is in the initial phase of a Rule of Law, Justice and Security project (hereinafter, “UNDP RoL”). The UNDP RoL project endeavors to implement a holistic and comprehensive program which addresses both the supply and demand sides of justice delivery. The project seeks to strengthen rule of law institutions to deliver quality services, to empower citizens in the exercise of their rights and to increase access to justice.

The UNDP RoL project met and completed thorough consultations with the Ministry of Justice, the Judiciary, the Gambia Police Force, the Gambian Prisons Service, the National Agency for Legal Aid (NALA), the ADR Secretariat, the Law School of the Gambia and the Gambia Bar Association to better understand the issues and challenges for strengthening the rule of law and increasing access to justice. Subsequently, the 2019 and 2020 Annual Work Plans for the project have been approved and endorsed by the Project Board.

The UNDP RoL project also works closely with its sister Transitional Justice project. The Judiciary has requested support on training for its judges on hearing and adjudicating crimes as understood under national and/or human rights violations that may arise from the Transitional Justice process and recommendations from the Truth, Reconciliation and Reparations Commission (“TRRC”). The Chief Justice has requested the development of curriculum, course materials, documents and course work to support the judges who may be required to hear and adjudicate cases relating to enforced disappearances, torture, rape, other forms of sexual or gender based violence, arbitrary arrest and detention, extrajudicial executions or killings, etc.,.  This is a critical component of the Transitional Justice process and public scrutiny will be high and intense.

Scope of Work for the Consultant(s)

The selected consultant(s) will be required to provide coursework and materials related to the following topics:

1. Procedural Issues relating to crimes arising from Transitional Justice Processes:
   1. Admission of Evidence
   2. Hearing Procedures
   3. Special Consideration for Court Processes:
      1. Hearing from Victims
      2. Hearing from Witnesses
2. Ensuring accountability for Human Rights Violations and Crimes under International Law
   1. The application of international law
   2. The State’s obligations
   3. The role of the judiciary
   4. The rights of the victims to justice and effective remedies
   5. The rights of the suspects and accused
3. Gross human rights violations and crimes under international law

1.  Definition of a serious violation of human rights
2. Crimes Against Humanity
3. Torture
4. SGBV & Rape
5. Enforced disappearance
6. Other gross violations of human rights

1. Modes of liability/Modes of responsibility under international law and under the Gambian law
2. Collection of and Types of Evidence – international standards and best practices
3. Evaluation and Preservation of evidence and burden of proof

1. Evaluation of evidence at the pre-trial stage
2.  the Gambian Law 
3.  The International Standards
4. Evaluation/Corroboration of evidence
5. The application of the principle of intime conviction.

1. Other procedural requirements for the treatment of cases arising from the TJ process:

1.  Hearing victims and witnesses of gross human rights violations
2.   Protection of victims and witnesses
3. Roles and Responsibilities of support staff: Clerks, Stenographers, etc

1. Drafting and Publishing Opinions on Cases arising from Transitional Justice processes

Duties and Responsibilities of Individual Consultant

The individual consultant(s) will be responsible to complete the following actions:

1. Prepare and share a Work Plan and submit the Desk Review Report;
2. Prepare training materials, interactive training modules, case studies, case law, legal discourse and any other materials; and
3. Facilitate and conduct training sessions for the aforementioned subjects over a period of 20 working days (Monday to Thursday) for 25 selected judges and clerks of the Judiciary. In addition to other topics, the trainings must also include sessions on:
   1. Admission of evidence, including testimonial evidence (TRRC hearings, submissions to Court
   2. Special concerns related to hearing testimony from survivors, children,  witnesses (expert, hostile, insiders) as evidence
4. Submit a final report on all training sessions conducted with the different participant groups.

Interested applicants should submit a completed P11 Form, Technical and Financial Proposal to bids.gm@undp.org on or before the deadline with a subject title:"International Consultant for Curriculum Development & Training for Judges and Court Support"

For clarifications, Please contact mariama.jallow@undp.org or essa.coker@undp.org