GFPREQ01858 - Terms Of Reference (TOR) For Training Community Paralegals Targeting Young Women, People Living With Hiv And Key Population at Kenya Red Cross Society

 Purpose

The aim of the consultancy is train community paralegals who will work with Young women, People living with HIV and Key Populations to provide them with information and skills to defend and assert their rights. The paralegals will increase awareness on human rights related to HIV, TB & Malaria and improve enabling environment to address human rights violations. They will also help in closer monitoring, documenting and reporting on human rights violations and abuses at grass root levels in form of Legal counseling and referrals. The paralegals will also support the PLHIVYWs and KPs to address barriers to human rights through Informal legal mechanisms which will include personal counseling, alternative dispute resolution (negotiation and mediation), and arbitration. They will also refer cases that they have they have not managed to handle to pro bono lawyers for further legal support.

Specific Objectives of the training

• To increase the participants knowledge on legal awareness, provision of legal advice, being intermediaries and accompanying complainants or accused persons to police stations or courts.
• To describe the institutions that will link the community paralegals to the justice sector including the judiciary, police and probation department during the trainings through practical sessions.
• To link the community paralegals with senior paralegals, pro bono lawyers and violence referral pathways.
• To demonstrate to the community paralegals drafting simple courts or legal documents during the trainings.
• To explain to the community paralegals how to conduct sessions on human rights abuses and referring matters to relevant agencies.

Expected Outcomes

• Strengthen the capacity of Young women, KPs and PLHIV to handle cases at the community level.
• Enhance participants’ knowledge on the human rights of KPs, YW and PLHIVs and the legal framework in Kenya for protecting such rights.
• Increase the participants’ knowledge on the legal protections they are entitled to, and the actions that they can take to claim their rights including mechanisms for legal redress.
• Enhance the participants’ skills on effective referrals and linkages to the justice system actors within the counties including the judiciary, police and probation department.

Scope of work

The training of community paralegals will be important in supporting improved access to justice and law enforcement for protecting the rights of PLHIV, YW, KPs in the context of HIV and TB**.** The community paralegals provide legal support that is both geographically accessible and informed by a deep understanding of the social issues and everyday challenges facing their clients.

The identified consultancy institution will instill knowledge and skills to provide guidance for assisting clients and help them navigate through legal issues.

The Firm/consultancy institution will be expected to undertake the following tasks:

• Participate in an inception meeting and prepare a report detailing the training plan.
• Develop a time-defined proposal (including a work plan) and the methodology the consulting institution aims to use during the community paralegal trainings.
• Develop a training program for 21 days with a focus on Young women, People living with HIV and Key populations
• Provide comprehensive training materials and handout for the participants relating to legal issues for printing by KRSC sub recipients.
• Provide facilitators who will facilitate during community paralegal trainings.
• Orientate the trainers who will conduct community paralegal trainings on their roles and responsibility as well as the expected outputs of the KRCS putting into consideration the focus on YW, PLHIVs and KPs
• Provide weekly updates on the progress of the community paralegal trainings to KRCS region teams.
• Provide overall support, oversight and leadership during community paralegal trainings.
• Provide support on how the trained community paralegals will be linked to the justice system actors within the counties.
• Provide a detailed technical support that the institution will provide to the community paralegals to ensure continuity of the legal services in the community.
• Provide Sample certificate to the community paralegals which will be printed by the KRCS sub recipients after the completion of the trainings.
• Provide badges for the community paralegals
• Provide detailed community paralegals training reports from each of the 11 clusters.

Deliverables

The key deliverables that the consultant should deliver to KRCS are as follows

Inception meeting report detailing the methodology to be employed and comprehensive training materials and time-defined proposal (including a work plan) detailing the roadmap execution of the assignment

• Should provide a well detailed community paralegal training programs for 21 days focusing on KPs, PLHIV and YWs
• Training materials and handout for the participants relating to legal issues.
• Orientation report of the trainers who will conduct community paralegal trainings on their roles and responsibility as well as the expected outputs of the KRCS.
• Overall support and leadership during the community paralegal trainings.
• Weekly updates report on the progress of the community paralegal trainings to KRCS regional teams.
• Framework on linking the community paralegals to the justice system actors within the counties including the judiciary, police and probation department during the trainings through practical sessions.
• An elaborate linkage structure with the relevant players and stakeholders to ensure continuity of the legal services in the community in the different counties.
• Drafted simple court cases to enable the community paralegals take up cases from the community to the justice systems.
  • Identified institutions will link the community paralegals to the justice sector including the judiciary, police and probation department during the trainings through practical sessions.
  • Link the community paralegals with senior paralegals and pro bono layers to violence referral pathways.
  • Sample Certificate for the community paralegals.
  • Badges for community paralegals.
  • Detailed training report of community paralegals training for each cluster and a combined report for all clusters
  • Final Consultancy report.

KRCS Deliverables

• Organize for a virtual inception meeting between KRCS and the consultancy institution.
• Organize for the community paralegal training logistics through the sub recipients (SRs) which includes the participants’ logistics, facilitators conference package during the training,
• Printing of paralegals certificates and printing of paralegals handouts and manuals.
• Develop and share the draft contract with the firm/consultant.
• Spearhead technical evaluation process of the proposals.
• Link the firm/consultant with the KRCS regional teams and the sub recipients who are will be organizing the trainings.

Expertise and qualification of the firm/ consultant Functional competencies

• Should be legally registered in Kenya.
• Legally recognized community paralegal trainer under the laws of Kenya
• Ability to provide recognized certification to the trained paralegals
• Knowledge on the national legal context on PLHIV, KPs and YW in matters of human rights issues.
• Significant experience in reviewing laws; and policies related to PLHIV, KPs and YWs
• Should have the technical capacity with at least 5 years of conducting community paralegals trainings and supporting legal activities at the community level.
• Should have legal background preferably degree in law, human rights or relevant social science studies.
• Should have human resource capacity to conduct the community paralegals trainings running concurrently in 11 clusters.
• Should have technical knowledge of HIV and law as well as interpretation of the same in regard to human rights.
• Should have established structures that will facilitate collaboration and networking with relevant stakeholders.
• Should have a robust community engagement and ownership with strong –focused support systems for community service level activities in regard to legal issues.
• Should have a mechanism to link the community paralegals with relevant government institutions including court user’s committee, community policing committee among others in order to support their work in delivering justice at the grassroots level.

Required Skills and Experience for the Key staff to be involved

• Education: Advanced University Degree in Law, Human Rights or relevant Social Science studies
• Experience: Minimum of 10 years of relevant experience is required.
• Language: Excellent written and spoken English and Kiswahili.
• Owing to the nature and the scope of the consultancy, the key staff should be a member of a professional body with a good standing. This will ensure professionalism and objectives of the consultancy.
• Adequate numbers of qualified trainers to facilitate during the community paralegal trainings.
• At least two recommendation letters that demonstrates their experience developing conducting a community paralegal training focusing on AGYWs, KPs and PLHIV

Duration

The training of the community paralegals will take 21 days running concurrently in 11 clusters in 6 KRCS regions namely; Lower eastern, upper eastern, North rift, North Eastern, Coast and West Kenya.