Terms of Reference Title: Organisational Section/Unit: Name and title Supervisor: Duty Station or home-based: Consultant (Terrorism Prevention and Justice for Children) Terrorism Prevention Branch, DTA/UNODC George Puthuppally, Chief, Implementation Support Section II, TPB Home-based with travel to Dakar, Senegal Proposed period: from 3 August to 31 October 2015 Actual work time: Fee Range: 35 days B 1. Background of the assignment: The mission of United Nations Office on Drugs and Crime (UNODC) is to contribute to the achievement of security and justice for all by making the world safer from crime, drugs, and terrorism. In the context of global counter-terrorism, UNODC is mandated to provide assistance to requesting countries in their efforts to address the legal and criminal justice aspects of countering terrorism. In addition, UNODC has the mandate to support Member States in preventing crime and violence, and strengthening their justice systems. It is within this mandate that UNODC carries out work in the area of Justice for Children aiming to ensure that children who are in contact with the justice system (as alleged offenders, victims or witnesses of crime) have access to fair, transparent, and child-sensitive justice systems in line with international standards and norms. Supporting Government s efforts aimed to prevent and respond to violence against children in the field of crime prevention and criminal justice is a key component of the work of UNODC in the area of Justice for Children. Information received by UNODC from Member States and other reports indicates that thousands of children around the world are forced, by abduction or intimidation, or enticed to join terrorist groups for a variety of reasons. These include poverty, displacement, sense of identity, ideological attraction, lack of opportunities, lack of choice, defending the community, etc. 1 It is reasonable to assume that children are more easily recruited into terrorist groups than adults. During children s involvement in terrorist groups, they are often abused, beaten and exploited, but also involved in the commission of acts of terrorism (or, where applicable, war crimes and crimes against humanity). It is thus not unusual for children involved with terrorist groups to be victims and perpetrators of particularly serious crimes simultaneously. 2 Children involved in terrorist groups face a high risk of being killed, captured, detained, and subjected to the criminal justice process on most serious charges 1 Office of the Special Representative of the Secretary-General for Children and Armed Conflict, Children and Justice During and in the Aftermath of Armed Conflict, Working paper, New York, 2011, p. 27. 2 Office of the Special Representative of the Secretary-General for Children and Armed Conflict, 2011, p. 49. 1 Vienna International Centre PO Box 500 1400 Vienna Austria Tel.: (+43-1) 26060-0 Fax: (+43-1) 26060-5886
without due consideration of their age. The situation of girls abducted by terrorist groups or enticed to join them, including to serve as wives for members of the terrorist group, poses additional challenges. One example is Boko Haram, listed as a terrorist entity by the Security Council, which is known to recruit and use children. Boko Haram is foremost present in Nigeria but also in neighbouring countries such as Cameroon, Chad and Niger, children. Military and law enforcement agencies in these countries carrying out operations against Boko Haram have captured numerous children who appear to be affiliated with Boko Haram. There is a pressing need to support the efforts of Member States to respond to the situation of children allegedly involved with terrorist entities in full compliance with international standards and norms related to justice for children. This is particularly the case in the context of combatting Boko Haram, as the military and law enforcement agencies of Cameroon, Chad, Niger and Nigeria have captured numerous children who appear to be affiliated with Boko Haram. A number of UN Member States have expressed the need of help to identify the correct legal framework to deal with children suspected of terrorism related offences, determine whether captured children possibly qualify as victims of a war crime, introducing viable alternatives to judicial process and detention, preventing and responding to violence against children, preventing further in-prison radicalisation and recruitment to terrorism of children, and identifying procedures for the rehabilitation and reintegration of children into the community. UNODC plans to initiate a series of technical assistance activities related to the treatment of children allegedly involved in terrorist groups. The first such activity will be a sub-regional workshop, tentatively scheduled to take place in mid-october 2015 in Dakar, for countries affected by Boko Haram. 2. Purpose of the assignment: The purpose of the assignment is to: i) produce a specialized technical paper, identifying the main legal and practical issues and challenges regarding the treatment of children allegedly involved with terrorist groups, with special reference to Boko Haram, and how UNODC can assist Member States in dealing with them, taking into account also the mandates and activities of other concerned UN and non-un entities. ii) on the basis of the paper, produce background materials for dissemination to the workshop participants; iii) contribute to servicing a sub-regional workshop on policy dialogue on the topic with respect to Boko Haram, tentatively scheduled for 13-15 October 2015; and iv) produce a substantive summary report on the workshop. 3. Specific tasks to be performed by the consultant: Under the overall guidance of the Chief of Implementation Support Section II, Terrorism Prevention Branch, Division for Treaty Affairs, and the Chief of the Justice Section, Division for Operations, UNODC, and the joint supervision of the two substantive officers in charge of the activity in the two Sections, the Consultant will carry out the following tasks: i) produce a specialized technical paper (estimated approximate length 50 pages), identifying the main legal and practical issues and challenges regarding the treatment of children allegedly involved with terrorist entities, with special reference to Boko Haram, and how UNODC can assist Member States in dealing with them, taking into account also the mandates and Page 2 of 5
activities of other concerned UN and non-un entities. The legal and practical issues to be discussed in the technical paper include: Identifying the correct legal framework to deal with children allegedly involved with a UN-listed terrorist group; Determining appropriate procedures to determine the age of young detainees whose identity documents and birth records may not be accessible under the circumstances; Pursuing criminal justice responses to terrorism related offences allegedly committed by children, taking into account international law and standards regarding children in contact with the justice system, the special vulnerability of children, and the gravity of the offences; Determining whether children allegedly involved with a terrorist group possibly qualify as victims of the war crime of recruitment as a child soldier; Determining whether there are viable alternatives to detention of children allegedly involved with a terrorist group; Improving conditions of detention and the treatment of children deprived of their liberty with a view to promoting rehabilitation and social reintegration; Preventing further in-prison radicalization and recruitment to terrorism of children; Ensuring that child witnesses in terrorism prosecutions are treated in accordance with international standards and norms; Preventing and responding to violence against children from the moment they come in contact with the justice system; Identifying procedures for the possible return to their home of children captured outside their country of origin, in accordance with the rule of law and the best interests of the child. (ii) on the basis of the paper, produce background materials for dissemination to the workshop participants; (iii) contribute to servicing a sub-regional workshop on policy dialogue on the topic with respect to Boko Haram, tentatively scheduled for October 2015; and (iv) produce a substantive summary report on the workshop. The specialized technical paper, the background materials for the workshop and the expert contributions at the workshop should: Be clear, comprehensive and based on sound research; Be based on international human rights law and relevant international standards and norms related to justice for children; Take fully into account States obligation to prevent recruitment by terrorist groups and acts of terrorism, and to bring perpetrators of acts of terrorism to justice. The substantive report on the Workshop should: Detail the organizational and substantive aspects of the workshop; it should contain a summary of the main discussion points and proposed follow-up actions. Page 3 of 5
4. Expected tangible and measurable output(s)/deliverable(s): Outline of the paper on the treatment of children allegedly involved with terrorist groups; First draft of the paper on the treatment of children allegedly involved with terrorist groups; Finalised paper on the treatment of children allegedly involved with terrorist groups; Background materials for workshop participants; Participation in and contributions at the workshop; Report on October 2014 workshop. 5. Dates and details of deliverables/payments: Deliverable Output Working Days To be accomplished by (date) A. Outline of the paper on the treatment of 5 10 August 2015 children allegedly involved with terrorist groups B. First draft of the paper on the treatment of 12 25 August 2015 children allegedly involved with terrorist groups C. Finalised paper on the treatment of children 6 10 September 2015 allegedly involved with terrorist groups D. Background materials for workshop 3 15 September 2015 participants E. Travel to Dakar and delivery of training 6 11-16 October 2015 activities F. Report on the workshop 3 17-31 October 2015 Payments will be made upon satisfactory completion and/or submission of outputs/deliverables. 6. Indicators to evaluate the consultant s performance Quality and timeliness of the various outputs produced (usefulness/practicality, clarity, technical quality, etc); Conformity of products to the requirements specified under Section 3 above; Appropriate consultative process in conceptualising the deliverables. 7. Qualifications/expertise sought (required educational background, years of relevant work experience, other special skills or knowledge required) Education: Advanced university degree (Master s degree or equivalent) in law, human rights, child rights or criminology. Experience: At least 5 years of professional experience, of which at least two in the area of crime prevention or criminal justice; Profound knowledge of child protection and justice for children related issues; Knowledge of/work experience in issues related to terrorism prevention and criminal justice responses to terrorism will be a strong asset; Page 4 of 5
Work experience in conducting trainings for justice professionals in the area of criminal justice and/or child protection, and in the development of related training materials and modules will be a strong asset; Knowledge of/work experience in issues related to children in armed conflict will be an asset; Work experience with the UN system is highly desirable. Language: Fluency in English, with excellent drafting and communication skills. Fluency in French is highly desirable for this consultancy. Page 5 of 5