Consultancy on Human Rights mainstreaming in the National Police Service (NPS) and Police Sector of Kenya

Terms of Reference

Title:                                                     Consultancy on Human Rights mainstreaming in the National Police Service (NPS) and Police Sector of Kenya

Organizational Section/Unit:     UNODC Regional Office for Eastern Africa – “Promoting the Rule of law and Human Security in Eastern Africa - The Police Reform Programme in Kenya – KENZ04

Duty station:                                      Nairobi (Kenya)

Proposed period:                            October 2013 to March 2014 (6 months) with possibility of extension subject to availability of funding

1.             Background of the assignment:

UNODC assistance to Police reforms falls in line with its mandated activities which include upgrading crime prevention and criminal justice systems as well as promoting the Rule of Law. UNODC as the custodian of United Nations standards and norms in crime prevention and criminal justice holds a mandate to support Member States in building fair and effective criminal justice systems and developing crime prevention programmes.

Over the past few years, Kenya has made significant strides in reforming the Police Sector. In August 2010, Kenyans adopted a new Constitution which establishes the NPS consisting of the Kenya Police Service and the Administration Police Service.  An Inspector-General (IG) is in charge of the NPS, with two Deputy Inspector-Generals being in charge of the KPS and APS respectively. The 2010 Constitution also establishes the National Police Service Commission (NPSC) with several key mandates, including recruitment and appointment of persons to hold or act in offices in the NPS and promote and discipline the member of the Service. The NPSC was constituted in October 2012.

In November 2011, Parliament enacted the Independent Policing Oversight Authority (IPOA) Act to provide for civilian oversight over the work of the Police in Kenya. The Act stipulates the mandate of the Authority, which includes investigating all deaths and serious injuries and violations caused by a Police Officer on duty or as a result of Police action; receiving and investigating complaints from both members of the public as well as from Police Officers; investigating Police misconduct on its own motion; making recommendations for disciplinary action or prosecution as well as recommendations to prevent future misconduct. The IPOA Board was officially sworn into office in June 2012.

In June 2011, the GoK launched a Police Reform Programme entitled ‘Transforming the Police Force into an effective, efficient and trusted security agency for Kenyans’. The Police Reform Programme focuses on four key objectives which are to: a) Establish the legal and policy framework to govern policing in Kenya b) Establish effective, efficient and sustainable reform institutional structures c) Enhance professionalism, integrity and accountability of the NPS d) Strengthen operational preparedness and logical capacity and capability of the NPS.

It has been noted that the Police Reform Programme is deficient in certain critical areas, and in particular, the issue of Human Rights. Article 244 of the Constitution sets a high standard for the police; the NPS shall beside other things comply with and respects standards of Human Rights and fundamental freedoms. It is further noted that this should be addressed as an immediate priority. It is therefore proposed that technical assistance to address Human Rights in the Programme be provided at the outset of Programme implementation. Consequently, Programme activities will be revised on the basis of the recommendations of the Human Rights technical assistance.

Purpose of the assignment:

The purpose of the assignment is to provide technical assistance and advisory services to the Government of Kenya in mainstreaming Human Rights into the Police Reform Programme. The technical assistance will focus on the Programmatic, Institutional and Operational levels of the Programme.

2.             Specific tasks to be performed by the consultant:

Under the overall supervision of the Regional Representative in the UNODC Regional Office for Eastern Africa (ROEA) and the direct supervision of the UNODC Police Reform Programme Coordinator, the incumbent will perform the following substantive duties and responsibilities:

A.      Human Rights in the Police Sector – Legislative, Policy and Strategic Frameworks:

·         Assess existing policies, strategies and legislative framework with respect to Human Rights issues within the police sector in Kenya and analyze their compliance with international Human Rights standards and norms;

·         Assess past experiences and practices of Human Rights in policy and operational reforms within the justice/rule of law/security sectors in Kenya;

·         Provide clear recommendations for the development and/or revisions of polices, strategies, and legislative frameworks (acts and regulations) in the area of Human Rights within the police sector in Kenya;

·         Provide Human Rights-based capacity building and sensitization programmes for policy makers and advisers within the police sector (IG, NPS, NPSC, IPOA).

B.      Human Rights in the Police Sector – Operational Requirements:

·         Analyze compliance of the current, if necessary the newly developed, Standing Service Orders (SSOs) from a Human Rights perspective and provide recommendations for revisions/amendments;

·         Provide strategic and technical assistance to relevant committees responsible for the transformation of the police sector, particularly the Police Reform Committee.

C.      Reporting and other Requirements:

·         Submitting outcome oriented interim reports (once a month and on UNODC’s request) for the deliverable as per the agreed work plan and complete a comprehensive and outcome oriented final report no later than one (1) month after the end of the consultancy;

·         Perform other related tasks as required.

3.             Expected tangible and measurable output(s):

·         A comprehensive assessment report on existing policies, strategies and legislative framework with respect to Human Rights within the police sector and past experiences and practices of Human Rights in policy and operational reforms within the justice/rule of law/security sectors in Kenya with clear recommendations for the development and/or revisions of polices, strategies, and legislative frameworks (acts and regulations) in the area of Human Rights within the police sector in Kenya;

·         Policy makers and advisers within the police sector (OIG, NPS, NPSC, IPOA) are sensitized for Human Rights issues and their capacity in this area is improved;

·         A comprehensive analyze of the current, if needed the newly developed, SSOs from a Human Rights perspective and recommendations for revisions/amendments.

Deliverables:

A.      Work plan and a comprehensive assessment report on existing policies, strategies and legislative framework with respect to Human Rights issues within the police sector and past experiences and practices of Human Rights in policy and operational reforms within the justice/rule of law/security sectors in Kenya with clear recommendations for the development and/or revisions of polices, strategies, and legislative frameworks (acts and regulations) in the area of Human Rights within the police sector in Kenya;

B.      Provide Human Rights-based capacity building and sensitization programmes for policy makers and advisers within the police sector (OIG, NPS, NPSC and IPOA);

C.      Analyze compliance of the current, if necessary newly developed, SSOs from a Human Rights perspective and provide recommendations for revisions/amendments;

D.      Provide strategic and technical assistance to relevant committees responsible for the transformation of the police sector, particularly the Police Reform Committee;

E.       A final and comprehensive and output oriented consultancy report not later than one month after ending of the contract.

4.             Dates and details as to how the work must be delivered:

The consultant will work under the overall supervision of the Regional Representative in the UNODC Regional Office for Eastern Africa (ROEA) and the direct supervision of the UNODC Police Reform Programme Coordinator. The consultancy is to be performed over a period six (6) months, starting in September 2013 and ending in February 2014.

5.             Indicators to evaluate the consultant’s performance:

·         Timely delivery of advisory services and technical assistance;

·         Quality of written work;

·         Interim reports and the comprehensive final report;

6.             Qualifications/expertise sought (required educational background, years of relevant work experience, other special skills or knowledge required):

·         An advanced degree (Masters or equivalent ) in Human Rights, Law or Criminology;

·         At least seven (7) years professional experience working with and providing technical assistance to criminal justice institutions;

·         Previous experience in providing advice on Human Rights for law enforcement and justice agencies is an asset;

·         Previous experience in developing policy and procedure manuals or training curricula/materials is an asset;

·         Strong and demonstrated knowledge of Human Rights situation in Kenya;

·         Excellent interpersonal and negotiation skills and ability to liaise and communicate effectively;

·         Excellent English written and oral communication skills.

7.  Application Procedure:

Interested and qualified candidates should submit their application which should include the following:

1.                   UN Personal History Form (P11) (available at http://www.unon.org/docs/P11.doc).

2.                   Detailed Curriculum Vitae.

Please quote “Human Rights Advisor in NPS- UNODC” in the subject line.

Applications should be emailed to easternafrica@unodc.org to reach us not later than Thursday, 20 September 2013 at 4.00 P.M Kenya Time.