Call for Consultancy Service To Conduct a Rapid Assessment of Challenges Facing Lawyers and Human Rights Organizations working on Strategic Litigation in Ethiopia

Terms of Reference (TOR)

Background 

Lawyers for Human Rights (LHR) is an Ethiopian civil society organization re-registered on 19 September 2019 before the FDRE Civil Societies Organizations Agency as per Proclamation No. 1113/2019. The objectives of the Organization includes among other to promote and advocate human rights among others through increasing the participation and contribution of lawyers in the area of human rights through trainings and other capacity building activities, supporting lawyers across the nation and help exchange of ideas, information and experience for better protection of human rights and prevalence of human rights, litigating before courts and other relevant organs to ensure protection and promotion of human rights recognized under the FDRE Constitution and international human rights instruments ratified by Ethiopia, awareness creation for justice organs on international human rights instruments ratified by Ethiopia, providing free or low cost legal services for victims of human rights violation particularly disadvantaged communities, influencing the government to enact new laws or amend existing ones to ensure the full protection for human rights, familiarizing the idea of human rights defenders (HRD) among the lawyers . 

To accomplish its objectives, LHR is currently implementing a project entitled promoting and making use of strategic litigation in collaboration with Freedom House. The overall objective of the project is to ensure accountability and reparation for human rights violations through strategic litigation, capacity building, and collaboration with justice institutions.  One of the activities under this project is to organize policy dialogue on strategic litigation among policymakers, lawyers, civil society organizations, justice institutions, and other stakeholders. This policy dialogue aims to create a conducive environment for those that engaged or want to engage in strategic litigation.

The Assignment

Strategic litigation is a creative and powerful means of advocacy for the protection of human rights. It uses the justice sector and law to achieve change in policy, law, practice, political culture, or social norms through test cases. It seeks to have an impact beyond the actual outcome of the case and a certain client.

One of the flagships of LHR is its work on strategic human rights litigations. It has been promoting and protecting human rights through filing strategic human rights cases in courts. Moreover, it has been continuously engaged in building the capacities of lawyers and civil societies on strategic human rights litigation.

At the international, regional, and national levels it is common to see lawyers and non-governmental organizations pursuing strategic litigation to fight the injustice and impunity of perpetrators of human rights abuses. This is not however the case in Ethiopia, as there is a handful of cases brought to the courts or quasi-judicial bodies. Even a few of those cases that were very well prepared and litigated did not result in the intended target.  Given that strategic litigation plays a pivotal role in bringing social changes, making the voice of survivors of human rights abuse heard, challenging the power imbalance, and raising awareness of rights the reality of the use of test cases in Ethiopia has to change. This is because in counties like Ethiopia where there are serious violations of human rights and the government fails to address such violations lawyers and human rights defenders should use courtrooms for the acknowledgment of rights, empowerments of victims of human rights violations, and ensure accountability of government and non-government actors for the human right violation perpetrated by them. LHR as an organization its flagship is strategic litigation desires practicing lawyers and human rights activists to engage in impactful strategic litigations. For successful human rights strategic litigation to flourish in Ethiopia, there needs to have an assessment of the practice and its challenges in using it. To contribute its part to the creation of a conducive environment for strategic litigation the organization plans to conduct a rapid assessment of the use of strategic litigation and the challenges facing lawyers and civil society organizations in using impact cases. Accordingly, LHR is looking for a consultant who will conduct a rapid assessment of challenges facing civil society organizations in making use of strategic litigation that will be presented in a policy dialogue workshop on strategic litigation to be organized by it. 

Objectives of the Consultancy

The main objective of the assignment includes conducting a rapid assessment of challenges facing lawyers and human rights organizations in making use of strategic litigation. The rapid assessment report aims to identify the necessary interventions that need to be taken by stakeholders of justice to create a conducive environment for lawyers and human rights defenders who are using strategic litigation. Accordingly, LHR will organize a one-day policy dialogue workshop on the practice and challenges of using strategic litigation that will bring together Federal and Regional policy makers, judicial bodies, lawyers, civil society organizations, and academia. In this workshop, the rapid assessment will be presented and discussed by stakeholders.

Specific objective of the consultancy

• The specific objectives include among others to examine: 
• The concept and rationales of strategic litigation
• Strategic litigation as an advocacy tool to bring social changes favorable to human rights promotion and protection works
• Essential preconditions for successful strategic litigation
• The role of the judiciary in strengthening strategic litigations and vice versa
• The experience of selected countries in  creating a conducive environment for strategic litigation
• The practice of use of strategic litigation by lawyers and human rights organizations in Ethiopia for the promotion and protection of human rights
• Challenges facing practicing lawyers and human rights organizations in using strategic litigation in Ethiopia
• Lessons learned by human rights defenders in using strategic litigation
• The adequacy of the legal and institutional framework for practice or accommodation of strategic litigation
• The legal framework put in place to ensure access to justice in Ethiopia
• Legal culture, judicial activism, and political will as factors affecting the development of strategic litigation in Ethiopia
• Key areas that need the intervention of stakeholders of justice

Methodology

• While the researcher is expected to design appropriate research methods, the following could be mentioned as guides:
• Quantitative and qualitative analysis of data, legislations, and cases
• Surveys
• Focus group interviews
• Secondary data analysis
• Court and other Quasi-Judicial bodies record review 

Responsibilities of the Consultant

• Conduct a rapid assessment of challenges facing lawyers and human rights organizations in using strategic litigation to create a conducive environment for strategic litigation. He/she will then present it in a Policy Dialogue workshop to be organized by LHR and incorporate comments.
• Design appropriate methodology for data collection and field research, if necessary; 
• Submit an inception report within one week after signing the contract;
• Produce a rapid assessment report of between 25-30 pages within one month from the date of award;
• Present the finding of the rapid assessment on the workshop to be organized by LHR;
• Undertake the assignment with due ethical considerations;

 Responsibilities of LHR

• provide guidance and technical assistance to the consultant;
• provide timely feedback on the work of the consultant,
• oversee the work of the Consultant
• process payment on time

Deliverables and Reporting

The consultant is required to deliver a rapid assessment report of challenges facing lawyers and human rights organizations in using strategic litigation to create a conducive environment for strategic litigation. The Consultant is required to submit the draft assessment report 30 days after the signing of the contract, address comments in five working days, and the final draft in ten days incorporating the feedback of stakeholders after the workshop. The report shall be written in Times New Romans with 12 font sizes and 1.5 spacing.

Job Requirement

• At least a Master’s Degree in Law preferably with a focus on human rights ;
• At least 5 years of relevant work experience in human rights areas in Ethiopia as a practicing lawyer or working with human rights organizations;
• Strong analytical, research, field assessment, and report writing skills;
• Ability to work independently and respond to feedback in a timely and professional manner;
• Excellent communication, interpersonal and organizational skills, and attention to detail;
• Excellent skill in written and spoken English;
• Excellent computer skills and knowledge of internet communications