Result of Service

As a result of this consultancy, Kenya’s legal and policy framework governing the rights to freedom of peaceful assembly and association will have been strengthened through the development of legislative, policy and operational reform proposals aligned with international human rights standards. The consultancy will also have contributed to strengthening the capacities of law enforcement agencies, KNCHR, IPOA and other relevant stakeholders to management and facilitate peaceful assemblies in a human rights-compliant manner, including in electoral contexts, and to apply international standards relating to public order management and the lawful and proportionate use of force. In addition, enhanced coordination among relevant stakeholders, improved understanding of challenges affecting the exercise of the right to peaceful assembly, including organized violence and interference by third parties, and practical recommendations, safeguards and lessons learned to support future reforms and implementation efforts will have been generated, contributing to the broader objective of supporting the adoption and operationalization of legislation aligned with international human rights standards on freedom of peaceful assembly and association.

Work Location

NAIROBI

Expected duration

3 months

Duties and Responsibilities

Under the overall guidance of the Country Representative, Kenya Country Office, the direct substantive supervision of the lead on Rule of Law and Accountability workstream, and in close collaboration with the Kenya National Commission on Human Rights (KNCHR), the individual contractor shall have the following duties and responsibilities a) Prepare a work plan that includes: (i) specific objectives, expected results and deliverables; (ii) a detailed methodology; (iii) a schedule of activities and reporting deadlines; (iv) key reference documents to be consulted; and (v) evaluation criteria agreed with OHCHR to assess progress and ensure the achievement of the expected consultancy outcomes. The work plan shall be submitted using the template provided by the Office. b) Provide technical and legal expertise to support the review, assessment and development of legislative, policy and administrative frameworks governing the exercise and management of the right to peaceful assembly in Kenya, including related safety and security risks. c) Review jurisprudence, comparative practices and guidance from international and regional human rights mechanisms, including the Human Rights Committee, the African Commission on Human and Peoples’ Rights, relevant Special Procedures and the Model Protocol for Law Enforcement Officials to Promote and Protect Human Rights in the Context of Peaceful Protests. d) Facilitate and document at least 4 field missions covering priority regions in Kenya and conduct a minimum of 12 stakeholder consultations/meetings with government institutions, Parliament, KNCHR, law enforcement agencies, civil society organizations, community representatives, academia and other relevant stakeholders to gather perspectives and build consensus on reform priorities. Prepare consultation summaries and key recommendations arising from each mission and engagement. e) Provide technical inputs into the drafting or amendment of legislation, regulations, guidelines and standard operating procedures relating to the management and facilitation of peaceful assemblies. f) Prepare and submit two policy briefs, two legal opinions, and one discussion paper and three advisory notes on the promotion and protection of the right to peaceful assembly, related civic freedoms, accountability concerns and emerging security risks, in line with international human rights standards. g) Design and facilitate a series of capacity-building activities and technical workshops, including a minimum of two for relevant government officials, law enforcement agencies, KNCHR personnel and other stakeholders on international and regional standards relating to peaceful assemblies. The individual consultant shall prepare all related training materials and submit a report for each activity conducted. Support dialogue and coordination among relevant state and non-state actors to strengthen understanding and implementation of human rights-based approaches to the management of assemblies. h) Undertake an assessment of emerging challenges, including policy and operational gaps, affecting the enjoyment of the right to peaceful assembly, including the involvement of organized violent groups, gangs, hired individuals (“goons”), and other state and non-state actors in the disruption, intimidation or violent infiltration of assemblies. i) Develop recommendations for legislative, policy and institutional measures to prevent, monitor, investigate and address organized violence against participants in peaceful assemblies, consistent with international human rights standards and state obligations to protect assemblies from interference by third parties. j) Support the development of operational guidance and accountability mechanisms for state authorities regarding the prevention of infiltration, provocation, intimidation and violence by organized groups during public assemblies. k) Prepare draft and final reports summarizing findings, recommendations, consultation outcomes and proposed legal and policy reforms. l) Participate in meetings convened within OHCHR's Rule of Law and Accountability workstream, as well as in other coordination and information-sharing forums organized by the Office during the consultancy period. All meetings shall be agreed upon in advance with OHCHR and conducted in coordination with the consultancy supervisor and, as appropriate, the Country Representative or Deputy Representative.

Qualifications/special skills

Frst degree in Law (specialization in Human Rights Law, Constitutional Law or International Law is an asset), or related fields, including Governance, Public Policy (human rights, governance, rule of law), Security, or Peace and Conflict Minimum 2 years in the field of law, human rights, public policy reform, or related fields is required.

Languages

Fluency in English (written and oral)

No Fee

THE UNITED NATIONS DOES NOT CHARGE A FEE AT ANY STAGE OF THE RECRUITMENT PROCESS (APPLICATION, INTERVIEW MEETING, PROCESSING, OR TRAINING). THE UNITED NATIONS DOES NOT CONCERN ITSELF WITH INFORMATION ON APPLICANTS’ BANK ACCOUNTS.

Individual Contractor on the Promotion and Protection of the Right to Peaceful Assembly