EXPRESSION OF INTEREST (EOI) TO SUPPORT THE ACERWC TO PREPARE GUIDELINES ON COMPLEMENTARY REPORTING

The African Charter on the Rights and Welfare of the Child (the Charter) was adopted at the 26th Conference of Heads of State and Government of the Organization of African Unity in July 1990 and came into force on the November 29, 1999, after its ratification by 15 Member States, in accordance with its article 47. Article 32 of this Charter has established the African Committee of Experts on the Rights and Welfare of the Child (ACERWC/the Committee) whose mandate is, among other things, to promote and protect the rights enshrined in the Charter. The Charter provides, in article 43, paragraph 1, that any State party to the Charter shall undertake to submit to the Committee, reports on the measures they have adopted to give effect to the provisions of the Charter as well as on the progress made in the exercise of the rights of the Child. After submission of State Reports by State Parties, the Committee is entrusted with the work of analyzing the Reports and making Observations and Recommendations to State Parties. State reporting which is aimed at assessing the extent to which States have adhered to their obligations is thus regarded as the backbone of human rights treaty bodies’ mission. The analysis of State reports, therefore, remains the most important means of monitoring compliance with human rights instruments. Most treaty bodies provide for initial and periodic reports.

Specifically, the reporting mechanism:  Provides comprehensive review on the extent to which harmonization and compatibility of national processes is with international or regional obligations.  Provides a regular forum for self assessment by a State Party on the extent to which the various rights are, or are not being enjoyed in its jurisdiction.  Provides the government with an opportunity to demonstrate that principled policy-making has in fact been undertaken.  Facilitates public scrutiny of government policies and encourages the involvement of the various sectors of society in the formulation, implementation and review of the relevant policies.  Provides an avenue for a national stocktaking of progress achieved in the realization of the rights enshrined in the instrument; and help States to develop a better understanding of the problems and shortcomings encountered in the effort s towards realization of the rights.  Facilitates exchange of information, knowledge, experience and expertise between the State Party and the monitoring body of the treaty. In addition to the State Parties Report the Committee is, according to the Paragraph 14 and 15 of its Rules of Procedures for the Consideration of State Party Reports, considering Civil Society Organizations (CSO’s) complementary/alternative Reports for the implementation of the Charter. Before every Session, the Committee conducts pre-sessions for the consideration of CSO Reports over the years, despite the lack of guidelines guiding CSOs on the format and the content of their report and also how to participate in a fruitful way in such pre-sessions. This document is subject to these directives.

Justification: Even though the Procedures for the Consideration of State Party Reports provides for Pre-Sessions and Rule no 82 of the ACERWC Rules of Procedure provides for consultation with CSOs, the ACERWC is yet to provide formal guidance to non state and inter- state actors relating to the nature and scope of complementary reports as well as participation in the pre-session of the ACERWC. As a result the nature and scope of complimentary reports as well as participation in the pre-session have so far been inconsistent and of varying value adding to the work of the ACERWC. To mitigate this gap, the ACERWC evaluation report recommended that the ACERWC should “prepare guidelines for participation in pre-sessions, format for complementary/alternative reports, guidelines for oral and written submission by CSOs during the ACERWC’s session”. In this regard the ACERWC, with the support of Save the Children Sweden, (through a project entitled “the Africa Children’s Charter Project”) will develop guidelines for CSO’s reports on the implementation of the Charter, which will be done through a consultancy.

Overall objective: The main objective of this consultancy is to develop a draft Guidelines for Civil Society Organizations (CSO) on complementary reporting, conduct and participation in pre session. Specific objective The specific aim of the consultancy is to develop a framework which will: • provide formal guidelines in terms of rules, requirements and criteria to CSOs including non-state and inter-state actors for complementary/alternative reporting; • elaborate rules concerning the conduct of Pre-Session; • establish a defined role of CSOs in Pre-Session.

Expected Outcome: On the basis of the above-mentioned objectives, the consultant will prepare a draft Guideline with concrete and realizable proposals for CSOs complementary/alternative reporting on the Charter and their participation and conduct in Pre-Session.

Scope of Consultancy: To perform its task, the consultant will liaise with the Committee Members, the Representatives of CSOs, the Department of Social Affairs of the AUC and any other person whose contribution might be necessary. He/she will also consult any document or Legal instrument necessary for his task. As a result of these consultations, the consultant will present a draft guideline for CSO reporting on the implementation of the Charter and their participation in Pre-Sessions and the rules for the conduct of the pre session. The reporting guidelines should encompass the process that should lead to the preparation of the complementary/alternative report, the format and content of the report, and their participation and conduct in the pre session. The consultancy will be conducted virtually. It will include one trip to Addis Ababa.

The materials should be developed in close collaboration with the ACERWC, the Department of Social Affairs (DSA) and CSO’s. Electronic communication will constitute a vital part of the work and will be considered official. Final documents will be submitted to the Chairperson of the ACERWC, the DSA and Save the Children Sweden in hard copy under cover of a signed letter. Accordingly, they will reply in writing with a signed letter in hard copy acknowledging the receipt of the document. The electronic version of the final document will be forwarded to the Secretariat of the ACERWC.

Reporting lines:

The Consultant will work under the direct supervision and guidance the Secretary of the ACERWC. However during the course of work the consultant will be expected to liaise and consult directly with Save the Children Sweden for financial matters.

Working Environment:

The Consultant will work at his/her duty station. E-mail communication will constitute a vital part of the work and will be considered as official communication. Transmission of document and draft to the Chairperson of the ACERWC and to the DSA of the AU as well as progress report will be done via E-mail.

The Committee and the Department of Social Affairs will make their comments and inputs on the draft Guideline within a period of 10 days. These comments will be forwarded to the consultant by the Secretariat of the Committee as soon as received. Comments and inputs from CSO will be forward to the Secretariat which will be submitted to the Committee for consideration and eventually forwarded to the consultant.

Time frame:

The consultancy will be for a period not exceeding 15 (fifteen) working days commencing May 14th 2012.

The consultant must possess the following qualifications and experience:  Post graduate degree in education, human rights law or other related fields;  Experience in conducting multi-country/ state research;  Research and or experience of working on or with inter-governmental bodies;  Extensive knowledge and experience of the African Union, African Human Rights System and the international Human Rights System is essential;  Excellent communication skills are a must;  Track record of delivering high quality documents within agreed timeframes.

Remuneration: The total budget available for the consultancy is Seven thousand five hundred United States Dollars - US$500 per day x 15days = US$7500 (Seven thousand five hundred dollars): The terms of payment are as follows: - 30% - upon signing of contract; - 70% - upon submission of a final accepted draft

Remuneration is based on submission of deliverables.

Save the Children Sweden will cover for the remuneration, the consultant’s air tickets on economy class to Addis Ababa, accommodation on bed and breakfast plus airport transfers in the field. All other costs shall be borne directly by the consultant.

Kenyan Taxation law will apply.

Documentation: The title rights, copyrights and all other rights of whatever nature in any materials used or generated under the provisions of this consultancy will exclusively be vested with the Secretariat of the ACERWC.

How to apply:

The following should be included in the application: • A Curriculum Vitae • A two page proposal on how they are going to carry out the consultancy • Company/individual profile including a minimum of three recent referees • Evidence of programmatic and technical expertise

Application should be submitted no later than 7th May 2012 to:

Ms Susan Wambui Mbugua Pan-African Child Rights Advocacy Advisor E-mail susanm@ecaf.savethechildren.se

Copying: Mainac@africa-union.org and Beatrice.Arionget@plan-international.org

Only shortlisted candidates will be contacted, and the final decision reached no later than 11th May 2012.