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Consultancy to conduct evaluation of juvenile justice diversion model

Terms of Reference

Consultancy to conduct evaluation of juvenile justice diversion model 

UNICEF Azerbaijan (Only for International Consultants)

1. Program information:                            

Program (No. & Name)                           : Social System Strengthening 
Project   (No. & Name)                           : 0039 YI205-12, CP: Juvenile Justice Reform 
Activity Reference                                  : 0039 YI205-12-003, The external evaluation of the
                                                                    models of a diversion scheme and a legal clinic and
                                                                    child friendly police rooms inform the hand-over
                                                                    process and development of the relevant legal    
                                                                    provisions.

2. Background and Context:  (Attach background documents, if necessary)
The key principles and standards related to juvenile justice system are poorly reflected in the national legislation and policy documents as well not practiced while dealing with juvenile offenders, witnesses and victims. The required improvement of the situation was also observed in the Concluding Observations of the United Nations Committee on the Rights of the Child for Azerbaijan on the implementation of the Convention of the Rights of the Child in 2006. The recommendation in overall was related to bringing the justice system in compliance with UN standards on juvenile justice, with particular emphasis on shifting focus to restorative justice, wide practicing of alternative and community-based sentencing.

Current practice shows that juveniles, who committed misdemeanors, including status offences, can be deprived of liberty through placing them in pre-trial detention centers, special correctional institutions and juvenile prisons, without determining the guilt, and proper assessment of whether the placement is in the best interests of the child. Furthermore, children spend years in the aforementioned  institutions with no formal review of their cases, which contradicts the UN Convention on the Rights of the Child. The Situation Analyses of Juvenile Justice system in Azerbaijan conducted by Prof. Carolyn Hamilton from Children’s Legal Center at the Essex University as well as the report of the monitoring mission of juvenile justice institutions conducted by NGO Alliance with the support from OSCE office in Baku in 2006 and recent Assessment supported by the UNICEF Regional Office revealed that protection of juveniles within the police custody, residential institutions, pre-trial detention facilities and juvenile prison does not correspond to the international standards. The majority of juveniles kept in investigatory isolators and in juvenile prison mention that they either were not provided with a lawyer at all or the role of the lawyer was limited to the symbolic representation in the court room.  The report also stressed the necessity for the establishment of specialized legal services for children in conflict with the law and children from families in crisis.

Although the overall system and mechanisms are not in place, still there is an obvious progress in the area of juvenile justice achieved with the support of the government and civil society.

From the legislative perspective the progress in the area of juvenile justice was denoted through the development of the draft law on juvenile justice. The draft law was elaborated based on the patterns of respective legislation documents passed in Kosovo, Poland, Albania, etc. The National Task Force on Juvenile Justice represented by the relevant governmental bodies and civil society organizations made provided necessary inputs and contributions to the development of the draft law as well. 

The practical part of the system change was introduced through the signing of the Memorandum of Understanding signed between Ministry of Internal Affairs, UNICEF, OSCE and NGO Alliance on Child Rights encompassed the establishment of model diversion scheme and capacity building for police officers in 2007. UNICEF played an essential coordinating role bringing partners like the OSCE, OHCHR, British Embassy and the NGO Alliance for Child Rights on board to advocate for putting the juvenile justice issue  on the political agenda.

The diversion project for diverting children into non-custodial alternatives started in 2007 and was covering diversion centre, legal clinic and police child room components. Initially the project was targeting only one district of Baku, Narimanov. Nowadays it expended to cover 7 districts of Baku. The staff of the diversion scheme is represented by social workers, pedagogue, psychologist, lawyer and managements staff. Juvenile are being referred to the diversion scheme by commissions on minors, police departments, Ombudsman Institute and even courts. Specially trained staff of the centre provide psychological counseling for children and their parents/extended family members, social work with family, sport rehabilitation, psychotherapy (individual and group) for parents and children, game-therapy.

In 2009 eighty children have benefited directly in the Centre by receiving counselling services (group, individual, and family), art therapy, IT training, English language training, sports, and recreational outings. About two hundred sixty children at risk benefited indirectly through meetings with them and their families and visiting their schools. About one hundred children passed through the new police child rooms during the year. Three rooms were allocated based on the UNICEF request by the Ministry of Interior in 2008, which were equipped and new draft guidelines used, for piloting child oriented approaches in formal procedures of the police including investigation. A wide range of information and legal assistance are provided to children and their families through the pilot Child Rights Legal Clinic, which was established by the Ombudsman, the Ministry of Interior, UNICEF, NGO Alliance and other partners in 2007. In 2009, 132 children and their families received professional legal advice and peer counselling, 106 cases out of which were civil cases.

As a result of capacity development programmes co-organised with the Ministry of Internal Affairs, Police Academy and Judicial Legal Council sixty police officers from targeted districts have increased their knowledge on child rights and juvenile justice. As a part of the official annual training programme, the Judicial Legal Council organized a training session for thirty judges and prosecutors to develop their knowledge on international standards for child rights and juvenile justice. This enabled some of the trained professionals to put into practice the knowledge they had obtained by introducing new approaches. In addition, formal agreement on introduction of child rights into the curriculum of the Justice Academy and JLC was reached and UNICEF will assist the Government in this regard. Based on UNICEF and its partners’ advocacy, the MIA and Police Academy officially agreed on inclusion of the suggested topics on children’s rights and juvenile justice into the official curriculum of the Policy. In addition to that, the Police Academy has established a specialized unit on juvenile justice within its formal structure.

3.  Purpose of the assignment

To conduct evaluation of   “Juvenile Justice Diversion” project, including diversion center, child rights clinic and child police rooms, and provide recommendations on its sustainability for handing over the model project to the Government and civil society organizations.

Particular emphasis will be put on:
• Assessing the relevance, effectiveness, efficiency of the Project and its practical implementation
• Identify lessons learnt and provide recommendations for further strategic, structural and implementation development
• Evaluate sustainability of the project 

4. Duty station: Baku, Azerbaijan (in and outside of the country)

5. Supervisor:  The work will be supervised by the UNICEF Child Protection Officer. The overall supervision and implementation reports will be submitted to the Government and UNICEF Representative.
 
6. Major tasks to be accomplished:

The consultant will be responsible for:

1. Desk review of activities carried out by UNICEF during the period 2007 – 2010. Study the available data and information on UNICEF/Government activities regarding the project – with special focus on the activities related to the implementation of the “Juvenile Justice Diversion Modeling Project”
2. Meet the key stakeholders, mainly with Parliament, Cabinet of Ministers, Ministry of Justice, Ministry of Internal Affairs, Ministry of Finance, Ombudsman and other governmental and international and non-governmental organizations involved in the juvenile justice reform process including OSCE, OHCHR, WB, EU and NGO Alliance on Children’s Rights.
3. Conduct impact analysis of children in diversion scheme and those undergoing regular procedures.
4.  Conduct comparative cost analysis of children in detention vs. children refereed to a diversion scheme
5. Field trips to the selected districts targeted by “Juvenile Justice Diversion” project
6. Develop a final evaluation report for the “Juvenile Justice Diversion” project in line with UNICEF evaluation standards
7. During the evaluation following questions should be assessed:
-quality of project design
-efficiency of implementation
-effectiveness
-impact
-coordination
-application of human rights-based approach and result based management strategies
-gender mainstreaming and child protection 
-potential for sustainability
8. Develop a strategy paper for handing over the project to the Government. The strategy should include recommendations of kind and extend of UNICEF’s support to be provided to both the Government and civil society in brining the National Justice for Children System in line with the CRC and other relevant international standards.
9. Present the evaluation and strategy to UNICEF. The presentation should be supported by the power point presentation.  

7.          Outcomes and deliverables:

1. Comprehensive evaluation report of the “Juvenile Justice Diversion model ” project in line with UNICEF Evaluation Report Standards (attached). The evaluation report should include the executive summary prepared in line with UNICEF guidelines (attached) 
The final report should comprise the description of evaluation methodology, including a discussion of the limitations. Also used for the evaluation data collection tools should be attached to the final report.
2. A strategy paper on sustainability of the project for its hand-over to the Government should be presented to UNICEF Azerbaijan Country Office.
All submissions should be made in an electronic Word format.

8. Time-Frame:

The selected consultant will work for the period of 12 days within one month. It is envisaged: 5 workdays spent in Azerbaijan (during one travel) and 5 workdays out of country. The exact schedule of the activities will be agreed with the consultant based on the consultancy implementation progress. The deadline for submission of final deliverables to UNICEF is 10 MAY 2010.

Phase 1: Out of the country: 2 working days. Desk review of project related documents

Phase 2: Baku.  5working days:  Briefing implementing partners, stakeholders, building essential contacts, gathering data, following up gaps in data collection. Developing and presentation of the analysis methodology.

Phase 3: Out of the country. 5 working days. Analysis and preparation of the draft evaluation. 

Phase 4: Out of country: 2 working days. Collection of missing data and consideration of the comments for the final draft report. Presentation of the final report to UNICEF.

9.        Qualifications or specialized knowledge/experience required:

• Advanced university degree and/or academic background in a legal/social field;
• Minimum 8 years work experience in strategy planning and evaluation of social projects (preferably in child rights area)  filed;
• Proven very good knowledge on child rights in general and juvenile justice in particular and current political and social trends and social reform processes in CEE and/or CIS countries;
• Previous experience in evaluation of UNICEF implemented project would be an asset
• Proven very good communication skills with government and community members;
• High analytical and conceptual skills and ability;
•            Fluency in English (written and spoken), knowledge of Azerbaijani or Russian an asset;
•           Good knowledge of computer applications;
•           Proven ability to negotiate/interact with senior level government;
•           Ability to work within the international and multicultural environment.

10. Procedures and logistics:

UNICEF will cover the international travel costs and DSA for the period spent in the country. Whenever the consultant will be required to travel within Azerbaijan a travel authorization (TA) will be issued to the consultant and travel expenses provided on the basis of UNICEF standards. UNICEF does not provide or arrange health insurance coverage for consultants.

UNICEF will also introduce the consultant to the major related counterparts and facilitate meetings and consultations.

UNICEF reserves the right to withhold all or a portion of payment if performance is unsatisfactory, if work/outputs are incomplete, not delivered or for failure to meet deadlines.
Moreover, in case if deliverables submitted with 3 to 10 days delay 10% from respective payment will be withheld. In case of delay in submission of deliverables from 11 to 20 days penalty will be 20 % of respective payment, further delay no payment will be issued.
All materials developed will remain the copyright of UNICEF and that UNICEF will be free to adapt and modify them in the future.

11.     Application:
Interested individual should send:
a) a cover letter;
b) individual resume;
c) reference of previous relevant work (if applicable);
in a sealed envelop/email to:
Head of Section
__________________________
United Nations Children's Fund (UNICEF)
24 S.Dadashev St., AZ1073
Baku, Azerbaijan
or send the documents mentioned above electronically  to baku@unicef.org
All applications will be treated with strict confidentiality. UNICEF is an equal opportunity employer.

UNICEF is mandated by the United Nations General Assembly to advocate for the protection of children's rights, to help meet their basic needs and to expand their opportunities to reach their full potential.

Deadline: March 19 , 2010

For further information please contact: Munir Mammadzade , Child protection Officer, mmammadov@unicef.org; 99412 4923013 (ext 102)


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