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UNICEF Recruiting In Zambia

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Type of Contract: Individual Consultant

Title: Development of Bail Bond Pocket Guide

Purpose: 

To compile and design a Bail Bond Pocket Guide/Booklet for end Users in the Administration of Child Justice.

Location: Local Based
Duration: 1 Month
Start Date: As soon as possible
Reporting to: Chief Child Protection
Project and activity title: Support the Judiciary/police to develop and print Bail Bond Pocket Booklet

Background

In 2011 the Judiciary and Child Justice Forum with support from UNICEF, Access to Justice and the Judiciary held a national conference on child justice to enhance the child justice transformation process so as to make the justice system more child-friendly in Zambia. At the conclusion of the conference participants adopted a statement of declaration that outlined, among other resolutions, the need to raise awareness on the existence of bail bond as a priority for children who come into conflict with the law.

It was observed during the conference that both professionals and the general public especially children are in most cases ignorant of the availability of the right to bail bond. For this reason, participants at the conference (magistrates, police officers, social welfare officers, civil society and prisons among others) recommended that bail conditions in cases involving children in conflict with the law should not be stringent but rather be applied in the best interest of the child. It was recommended that there was need to simplify guidelines on bail bond for end users.

In 2014, a stakeholders workshop was held to initiate the process of developing the Guidelines on Bail Application (at Court Level) and Police level (arrest level) to guide the administration of bail and police bond for children in the criminal justice system whose liberty could otherwise be curtailed for alleged offences.

The Criminal Procedure Code (Cap 87 of the Laws of Zambia) prescribes a presumption in favour of bail for all offences, without regard to their seriousness. However, a series of other legislations such the Narcotic Drugs and Psychotropic Substances Act, Cap 96, the Zambia Wild Life Act, No. 12 of 1998 and other legal provisions make some offences non-bailable. This has impacted adversely on children charged under such Acts being arrested and detained; in most case for very long periods of time without appearing before court. This situation results in children who in most instances are detained in the same facilities as adult offenders to be exposed to more re sophisticated criminal behaviours thereby making them hard core criminals.

The primary duty of the criminal justice system is to dispense criminal justice in accordance with the due process of law.  The bail bond system should safeguard the rights of the accused including children in conflict with the law while balancing these with the rights of the community. The right to bail bond is an important fundamental right for children in conflict with the law and it is inextricably linked to the knowledge and awareness of the accused of his right to obtain release on bail bond. This is further linked to Articles 11 of the Constitution which guarantees the right to personal liberty and aligns with Article 37(b) of the Convention on the Rights of the Child provides that no child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time.

In its mission of advancing and protecting the rights of children in conflict with the law, the Judiciary in partnership with UNICEF is working on the development of guidelines on bail bond applications and conditions for children in conflict with the law. This intervention falls within the 2014/2015 GRZ – UNICEF rolling work-plan under result statement 6 which states that ‘vulnerable children benefit from a strengthened system for prevention and response to violence, abuse, exploitation and neglect at national and subnational level by 2016.

Justification

Bail bond is rarely used especially in cases involving children for various reasons; some of these reasons given include the issues of sureties, lack of fixed aboard, as well the connotation that there should be a fee paid in all instances. This has resulted in children unnecessarily being detained for longer than is necessary even when they could have been released on bail bond.

Developing the pocket guide on bail bond will aid the implementation of article 37(b) of the CRC that prescribes that detention of a child shall be a measure of last resort. Therefore the bail bond guidelines will help reduce detention and arbitrary over detention of children at both arrest and trial stages.

Objective(s)

  1. To identify key Bail Bond conditions and guidelines that should be included in the Pocket guide/booklet.
  2. To compile and design a pocket guide on Bail Bond for end users in cases involving children at both arrest and trial stage.

Reporting requirements

The Consultants shall report to the Chief of Child Protection and based on a work plan to be agreed upon, the Consultants shall submit the following documents:

  1. Inception report and work plan
  2. First Draft compilation of identified Bail Bond conditions and guidelines to proposed for inclusion in the Pocket booklet/guide
  3. Stakeholder meeting report highlighting key issues raised by stakeholders
  4. Second draft compilation of identified Bail Bond conditions and guidelines for inclusion in the Pocket booklet/guide
  5. Draft bail bond pocket booklet/guide
  6. Stakeholder meeting report
  7. Finalized bail bond pocket booklet/guide
  8. Process Report detailing process taken in compiling the pocket booklet

Qualification/Specialized knowledge and Experience

  • Advanced university degree in law, social sciences or other relevant fields
  • 8+ years’ experience in the justice or social sector, including report writing, fluency in written and spoken English
  • Experience of working in Zambia and Zambian criminal justice system will be an added advantage
  • Knowledge and experience in the application of bail bond will be an added advantage
  • Good knowledge of Children’s Human Rights, and juvenile justice issues.
  • Knowledge of national legislation on juvenile justice an asset
  • Excellent presentation, negotiation and advocacy skills
  • Excellent leadership and teamwork skills
  • Good analytical, prioritization and planning skills

Values and Competencies

Core Values

  • Commitment
  • Diversity and inclusion
  • Integrity

Core competencies

  • Communication (II)
  • Working with people (II)
  • Drive for results (II)

Functional Competencies:

  • Leading and supervising (I)
  • Formulating strategies and concepts (II)
  • Analyzing (III)
  • Relating and networking (II)
  • Deciding and Initiating action (II)
  • Applying technical expertise (III)

Administrative Issues, including Consultant’s Workplace and Official Travel involved

The Consultant shall ensure that their proposed budget includes all costs that will enable them undertake this assignment effectively. The Consultant shall operate from their offices and shall use their own equipment during this assignment.

UNICEF in collaboration with the Zambia Police and the Judiciary will organise and convene a stakeholder consultation and validation meetings.

Contractual policy both parties should be aware of:

  • Under the consultancy agreements, a month is defined as 22 working days, and fees are prorated accordingly.  Consultants are not paid for weekends or public holidays.
  • Consultants are not entitled to payment of overtime.  All remuneration must be within the contract agreement.
  • No contract may commence unless the contract is signed by both UNICEF and the Consultant or Contractor.
  • No Consultant may travel without a signed contract and authorisation to travel prior to the commencement of the journey to the duty station.
  • Consultants will not have supervisory responsibilities or authority on UNICEF budgets.
  • Consultant will be required to sign the Health statement for Consultants prior to taking up the assignment, and to document that they have appropriate health insurance, including Medical Evacuation.
  • The Form ‘Designation, change or revocation of beneficiary’ must be completed by the Consultant.

HOW TO APPLY

Application along with P-11 Form and the Expression of Interest should be sent to [email protected] by 26 December 2015:  A detailed edited TERMS OF REFERENCE, Expression of interest form and P-11 Form can be accessed from www.unicef.org/zambia.  Applicants could also send the applications to the Human Resource Specialist, United Nations Children’s Fund, 3rd Floor, United Nations House, Alick Nkhata Rd, Longacres, P O Box 33610, Lusaka.

‘’UNICEF is committed to diversity and inclusion within its workforce, and encourages qualified female and male candidates from all national, religious and ethnic backgrounds, including persons living with disabilities, to apply to become a part of the organization’’

To apply for this job email your details to [email protected]