Irish Rule of Law International

TERMS OF REFERENCE

Irish Rule of Law International Malawi ‘Access to Justice’ M&E and Baseline Assessment Consultancy, 2016 1.

INTRODUCTION& PROGRAMME BACKGROUND

Irish Rule of Law International (IRLI) is a joint initiative of the Law Society of Ireland and The Bar of Ireland, dedicated to promoting the rule of law in developing countries. IRLI seeks to harness the skills of Irish lawyers in using the law as a means of tackling global injustice and empowering all people to live in a society free from inequality, corruption and conflict. IRLI is looking for an independent consultant/ consultancy company to undertake an M&E and Baseline assessment to support their Malawi programme entitled ‘Improved access to justice for unrepresented accused persons in the criminal justice system’. The programme is funded by Irish Aid and the Human Dignity Foundation with additional support from the Bar Council of Ireland, the Law Society of Ireland and private donations. The programme aims to improve access to justice for unrepresented accused persons in the criminal justice system in targeted areas of the Central Region of Malawi through capacity building of justice stakeholders; education and legal literacy programmes; targeted training on restorative justice and human rights; the provision of legal assistance to those in pre-trial detention; and the facilitation of prison “camp courts”. In tackling access to justice for the most vulnerable, IRLI seeks to implement mechanisms in partnership with local actors to remove obstacles to free legal aid in the short-term (such as capacity constraints and shortage of lawyers) in order to bring about direct change at beneficiary level while also developing systemic, sustainable interventions aimed at providing long-term benefits in the wider criminal justice sector. The project has developed a placement programme whereby volunteer international lawyers are positioned strategically with the principal institutional actors in the criminal justice system: the Legal Aid Bureau, the Office of the Director of Public Prosecutions, the Malawi Police Services and the judiciary. The work of these Lawyers is supplemented by volunteer lawyers based in Ireland, who provide short term intensive training. Since its inception in 2011, the project has grown exponentially and has moved from an ad hoc project targeting the issue of overcrowding in prisons to a holistic system-based legal development programme that targets simultaneously some of the most severe barriers to an effective functioning of the criminal justice system. The project is yet in further expansion with the commencement of a 5 year programme cycle in July 2016. A programme document and M&E framework have been developed in line with this cycle with refined indicators of success and yearly expected targets. This M&E and Baseline consultancy has the scope to strengthen and further develop the M&E system of the 5 year programme by revising M&E documents in line with the current context, gathering baseline data and developing easy to use tools to support on-going monitoring and tracking of programme impacts.

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PROGRAMME PROFILE

Title Goal Objectives

Result Areas

Location Project timeframe Direct Beneficiaries Targeted institutions

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Improved access to justice for unrepresented accused persons in the criminal justice system. To strengthen the criminal justice system in Malawi based on principles of due process and human rights 1. To increase the institutional capacity to provide sufficient services to people in conflict with the law according to principle of due process and human rights 2. To ensure the enjoyment of due process rights including legal representation and restorative justice to persons held in police custody and detainees in the Central Region of Malawi (1) Institutional capacity Building targeting the Malawi Police Services, the Legal Aid Bureau, the Judiciary and the Office of the DPP; (2) Provision of legal aid services to vulnerable people held in police custody and detention in prisons; (3) Provision of Child Diversion Services; and (4) Provision of Community Legal Education. Central Region of Malawi July 2016 to June 2021 850 number of accused persons reached through legal aid clinics 600 number of detained persons reached through camp courts 255 children diverted reached through the Diversion Programme Malawi Police Services (1,775 police officers trained) Legal Aid Bureau (10 legal personnel expected to be trained) The office of the DPP (7 legal personnel expected to be trained) The Judiciary (54 magistrates expected to be trained)

OVERVIEW AND OBECTIVES OF THE OF THE CONSULTANCY

The scope of this consultancy is to strengthen the M&E system and structure of the programme by (1) ensuring that adequate tools and system are in place from the outset, (2) studying the current situation of the programme indicators at both output and outcome levels as reported in the logical framework and (3) build the capacity of programme and partner staff on how to carry out systematic monitoring and evaluation going forward. The consultancy has the following specific objectives: 1. To analyse, revise and validate the Programme Result Framework, ensuring that this is realistic and adequate to the current situation in Malawi. In particular, IRLI is interested to verify whether the current indicators and yearly targets are appropriate and realistic; 2. To develop relevant M&E tools and systems for programme data gathering to measure baseline data levels as well as monitor programme impact going forward; 3. To determine qualitatively and quantitatively the current situation of the programme’s main components by establishing the baseline for the programme’s indicators and constitute the basis to measure the project performance. This objective also includes determining the current situation relevant to project components of a non-targeted area as a control mechanism to measuring impact;

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4. To train the programme staff on how to use the developed M&E tools and to support the programme team in developing an effective Monitoring Framework for the programme going forward. The main users of this evaluation will be the IRLI programme staff, institutional programme partners and donors. Even though this consultancy is intended primarily to facilitate the project monitoring and evaluation, it might also be used as an evidencebased lobbying and advocacy tool (with the possibility of publishing a summary of the findings). 4.

SCOPE OF THE CONSULTANCY

The consultancy will cover baseline data as of the second semester of 2016 and focus on the activities outlined in the Project Description submitted to the Irish Aid in Malawi in April 2016. 5.

CONSULTANCY METHODOLOGY

The study design and methodology will be proposed by the consultant/ consultancy company and agreed with the programme team and with the implementing partners at the beginning of the consultancy. To achieve the objectives outlined above, it is expected that the consultant/ consultancy company will apply a multi-layer methodology comprising of:      

Literature review, including relevant reports and other documentation available on the issues of criminal justice and legal aid in Malawi produced by the government, stakeholders and civil society organisations; Review of project documents (past and present); Key informant interviews targeting both programme staff, partner institutions and other relevant stakeholders; Focus group discussions with target beneficiaries and interested-groups; Observations during field visits; Any other relevant strategy.

Below is a brief description of the suggested methodology per Objective. It is expected that this will be further developed by the consultant/ consultancy company during the inception phase of the consultancy. Objective 1 To analyse and validate the programme Result Framework, the consultant/ consultancy company will be working directly with the programme team and all relevant targeted institutions and other stakeholders in Malawi. This process might take a number of joint sessions as the baseline assessment reveals data. At the end of the sessions, it is expected that the consultant/ consultancy company will indicate any suggested changes at the outcome, output, indicator and target levels as well as produce a revised Result Framework with all indicated changes. Objective 2 IRLI is interested to develop a strong M&E system to measure project impact. To this end, the consultant/ consultancy company will independently develop tools and systems for data collection at all levels to be employed as part of the baseline assessment and regularly going forward as part of the M&E function of the programme. It is expected that these tools will include at least the following:

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Survey questions to assess capacity and knowledge gaps/gain before and after training sessions and other knowledge/ capacity building exercises; Reference questions for key informant interviews; Lists of key attitude/ practices to observe for all the qualitative indicators which are measuring behavioural changes of targeted institutions and community members; Any other tools and systems for data gathering; A clear methodology to systematically gather all quantitative indicators data, including a list of sources to consult and institutions to target and how to do that.

During the preparatory phase of the consultancy, IRLI will develop and submit to the consultant/ consultancy company a list of suggested survey and key informant interview questions as well as a list of factors to consider in improving these questions. Questions will then need to be revised by the consultant/ consultancy company and final questions will need to be agreed upon between IRLI team and the consultant before the commencement of data collection. Objective 3 To collect baseline data, the consultant/ consultancy company will have to gather both qualitative and quantitative information relevant to each indicator by adopting a comprehensive methodology which involves all relevant institutions and stakeholder’s entities. Whenever relevant, data shall be disaggregated according to sex, age and location (i.e. police formation, prisons, community targeted etc). In addition, baseline information should be collected in a sample of areas targeted by the programme as well as in a non-targeted area as a counter-data set to allow for effective impact monitoring and evaluation. Legal and ethical considerations in doing this should be considered and IRLI understands that it may not be appropriate to collect all of the above information in this control area. It is the decision of the consultant/ consultancy company whether to employ data collectors to timely gather all relevant baseline data. If this will be the case, the consultant needs to ensure all people involved sign IRLI code of conduct and adhere to all ethical considerations and child safeguarding policies agreed upon at the time of signing the contract. The consultant/ consultancy company is responsible for developing the strategy and methodology for data collection, including determining the sample size and suggesting the locations to target. IRLI programme team will be available to support the consultant/ consultancy company in revising/ refining questionnaires and other tools to collect baseline data. Objective 4 After the M&E tools have been tested and used for the collection of baseline data, the consultant/ consultancy company will organise a training session for programme staff and other relevant staff from targeted institutions to train them on how to use the developed M&E tools. As part of this session, the consultant might discuss best practices, lessons learned as well as challenges encountered during the collection of baseline data so as to ensure that future data collection processes are improved. In the same session, the consultant will support the programme team in developing/ improving a Programme Monitoring Framework which will include information on data collection methodologies as well as roles and responsibilities to collect data. A suggested

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template for this framework will be provided by IRLI. It is expected that at the end of this session, the Programe Monitoring Framework for Year 1 (July 2016 to June 2017) will be completed. The methodology will follow the following steps: a. Preparatory phase Key documents of the project will be submitted to the consultant, together with draft questionnaires for the quantitative surveys, interviews and focus groups discussions. Relevant IRLI staff will be available to provide additional information or documentation to the consultant/ consultancy company. The consultant/ consultancy company will:  Do a desk review of all documentation;  Prepare a work plan to share with the project team;  Finalise the methodology of the study which will need to be validated by the project team;  Submit study design for ethical approval. b. Field work Field work will take place in the Central Region of Malawi, including one location nontargeted by the programme to ensure control-data is collected. During the field work, and with the support of the project team and all targeted institutions, the consultant/ consultancy company will:  Organise and hold sessions on the revision and validation of the Result Framework;  Field test the questionnaire and other monitoring tools;  Submit all developed M&E tools for data collection;  Train data collectors (if any);  Carry out/ supervise data collection;  Carry out/ supervise data entry and data analysis in collaboration with the project team, if necessary;  Organise and hold a training session for the programme team and other relevant staff to train them on monitoring data collection going forward and to develop the Programme Monitoring Framework for Year 1. c. Report writing and presentation of findings During this phase, the consultant/ consultancy company will develop and submit a draft report and final report according to agreed deadlines and taking into consideration two rounds of comments from the project team and partners. The consultant/ consultancy company will also lead a session to present the findings in creative ways such as using audio/visual support. 6.

INTERACTION WITH INSTITUTIONS

IRLI

PROGRAMME

TEAM

&

TARGETED

The consultant/ consultancy company will interact with all relevant IRLI programme staff throughout the implementation of all project tasks, including IRLI Programme Advisor (based in Dublin) and IRLI Programme Manager as well as Programme Lawyers (based in Malawi). The consultant/ consultancy company will be supervised by the Programme Advisor, however the IRLI point of reference during the field work will be IRLI Programme Manager.

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The consultant/ consultancy company is expected to interact with all targeted institutions and selected programme beneficiaries independently. Whenever possible/ visible, IRLI will make effort to facilitate this interaction. 7.

INTERACTION WITH IRLI PROGRAMME BENEFICIARIES

IRLI will support the organisation of all the sessions where the consultant will need to interact with programme beneficiaries. A relevant person from IRLI and/or from partner stakeholders will need to be present at these sessions. Any discussions/ interaction with programme beneficiaries such as those detained in prison or police facilities, or under judicial proceedings, will adhere to the principles of ‘do no harm’. The consultant/ consultancy will have to judge if engagement with those detained and the types of questions asked are appropriate and safe for the detainees and staff. A relevant person from IRLI and/or from partner stakeholders will need to be present at these sessions. Language assistance will be provided when necessary, though it is intended most participants in the exercise will have sufficient English language. 8.

TIMEFRAME AND DELIVERABLES

Timeframe The consultancy will commence ASAP and it is expected to last for an average of 2 months, as follows: Phases Preparatory Phase Field Work Report writing Presentation of findings Total

Expected working days 5 working days 18 working days 14 working days 2 working days 39 working days

Final consultancy report is to be submitted no later than mid November 2016. Presentation of key findings can occur in November or December 2016.

Deliverables: I.

An inception report (to be submitted and agreed upon before the field work commences) This document shall contain a detailed action plan of how the consultancy will be carried out the task describing research methodologies, qualitative and quantitative survey, proposed questions for the survey, semi-structured interviews, focus group discussions or other approaches, and proposing the draft data collection questionnaires. The inception report should also provide a clear matrix of roles and responsibilities, the key internal and external stakeholders to be involved, and a detailed work plan and timeline. II. III.

A revised Programme Result Framework A list of Monitoring tools and a compiled Monitoring Framework for Year 1

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IV. Final Baseline Report This report shall be maximum 40 pages long (without the annexes). It must include the following sections:  Executive summary (max. 5 pages)  Introduction  Background and Context  Objectives of the baseline study  Methodology and limits to the methodology  Analysis of the main results (per indicator)  An updated programme Result Framework with baseline data as well as yearly target for each indicator  Conclusions and recommendations The consultant/ consultancy company will provide two (2) bound hard copies of the Report and soft copy of the Report. The consultant/ consultancy company will also be required to submit to IRLI all study materials including: Soft copies of all data sets both quantitative and qualitative All filled quantitative data collection tools and qualitative data recording materials V. 9.

Power point presentation with the main findings of the baseline study IRLI’s Responsibilities

IRLI will provide the following: Transport to and from Malawi (Economy Class) All necessary project documents as requested by the Consultant/ Consultancy Company Accommodation & reasonable living expenses in Malawi Transport in Malawi The consultant/ consultancy company is responsible for own insurance Pay consultancy fees at a mutually agreed rate 10.

Expected Profile of the Consultant

For this exercise, IRLI is expecting to contract 1 lead consultant. The consultant should have the following: Advanced degree and experience in development studies or social sciences or related field Proven experience in conducting quantitative and qualitative research, and specifically conducting baseline studies Documented extensive experience in project monitoring and evaluation A track record of experiences in carrying out similar work (essential) for similar justice projects (a strong advantage) Experience and/or knowledge of the socio-cultural, economic and political context of Malawi (desirable) Knowledge of the criminal justice and legal aid sector (desirable) Report writing skills Good interpersonal skills and an understanding of cultural sensitivities Strong analytical and report writing skills Demonstrable capacity to deliver high quality outputs within the proposed timeframe 11.

Submission of Expression of Interest

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Interested consultant/ consultancy company who meet the abovementioned criteria shall submit to IRLI an expression of interest which shall include:  A suitability statement, including commitment to and availability for the entire assignment  Technical proposal including proposed methodology to be adopted in the study and proposed schedule of baseline study process activities  Financial proposal containing a proposed daily fee  Profile of the consultancy company or organisation including experience with similar exercises  Full list of suggested research team with respective roles, including all updated CV  A copy of 1 consultant reports written by the consultant/consultancy company  Indication of 3 organisations that have contracted the consultant/ consultancy company for similar exercise and which can be contacted for reference The expression of interest shall be sent to Vanina Trojan at [email protected] no later than 9th September 2016.

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