Expertise France Development of Comparative Study and Internal and External Guides on Amicable Settlement Jobs in Tanzania
Expertise France Development of Comparative Study and Internal and External Guides on Amicable Settlement Jobs in Tanzania
Background of the technical assistance mission (Description of the need for action by underlining the added value of this assistance in terms of impact for the Organ and the global AGA-SP project.)
The Strategic Plan of the Court for 2021 – 2025 has identified the Court’s enhanced use of amicable settlement as a method for enhancing its judicial procedure and contribute to the faster resolution of cases.
In view of the limited use of this procedure, the Court deems it necessary to conduct a comprehensive study on the use of amicable settlement by other regional human rights courts and by regional human rights quasi-judicial bodies.
This study would then inform the development of guides on amicable settlement for internal use by the Court and external use including by Parties, Counsel and other stakeholders.
Objectives of the technical assistance mission
It is envisaged that the mission will provide the technical expertise for preparation of a comparative study on amicable settlement drawing on the experiences of similar human rights courts.
The findings of the study will inform the development of an internal guide for the Court’s use in management of the amicable settlement process and an external /practice guide for use by litigants on the procedure on amicable settlement.
Participants and institutions involved
The participants to be involved can be deduced from the following tasks to be undertaken:
Desk study of amicable settlement frameworks and processes of the African Commission on Human and Peoples’ Rights, the African Committee of Experts on the Rights and Welfare of the Child, the Community Court of Justice of the Economic Community of West African States European Court of Human Rights (ECOWAS Court of Justice) the Inter-American Court of Human Rights and other relevant institutions.
This study would cover issues including, criteria for determining cases to be proposed for amicable settlement, how parties are approached with the proposal, what is the uptake of the proposal by the parties, reasons for rejection or acceptance of the proposal, dealing with challenges arising in amicable settlement in order to ensure success of the procedure, how to manage the process, who manages the process and there is a role for other actors at the national level.
Conduct stakeholder interviews on the use of amicable settlement with representatives of the African Commission on Human and Peoples’ Rights, the African Committee of Experts on the Rights and Welfare of the Child, the Community Court
of Justice of the Economic Community of West African States European Court of Human Rights (ECOWAS Court of Justice) the Inter-American Court of Human Rights and other relevant institutions.
The interviews would cover similar issues as what are covered in the study.
Conduct stakeholder interviews with representatives of the States that have filed the Declaration required under Article 34(6) of the Protocol Establishing the Court on their perspectives on amicable settlement.
Conduct a survey of all African Union Member State’s perspectives on amicable settlement of human rights disputes filed before international tribunals.
Undertake an analysis of findings of the desk study, the stakeholder interviews and surveys and prepare a comprehensive comparative study on the procedure and practice on amicable settlement of similar regional human rights courts and quasi-judicial bodies.
Develop for the Court’s internal reference, a guide/manual on the conduct of amicable settlement of cases pending before it together with relevant templates in this regard.
Develop for Parties, Counsel and other stakeholder’s reference, a guide on how the process of amicable settlement is conducted
Present the draft study and draft Internal and External Guides to a validation workshop of involving the Judges and staff of the African
Court the African Commission on Human and Peoples’ Rights, the African Committee of Experts on the Rights and Welfare of the Child, the Community Court of Justice of the Economic Community of West African States European Court of Human Rights (ECOWAS Court of Justice) the Inter-American Court of Human Right and other relevant institutions.
Expected results and deliverables of the technical assistance mission
Inception Report for the Consultancy
Survey Questionnaires
Interview Transcripts
Draft Study for Validation
Programme for Validation Workshop
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Internal Guide for the Court on Amicable Settlement
Practice Guide on Amicable Settlement for Parties, Counsel and Other External Stakeholders
Final Consultancy report
Profile of the non key expert
The consulting firm/individuals should possess the following:
At least 5 years scholarship or research in amicable settlement preferably in human rights disputes
Individuals or team members should have at least a Master’s Degree in Law/International Relations/ Sociology
Demonstrable knowledge of the functions, dynamics and complexities of international organisations or international judicial institutions.
Proven experience working with African continental or regional organisations.
Team competencies in all African Union working languages –Arabic, English, French, Portuguese and Spanish
At least two technical references for similar work.
How to Apply
For more information and job application details, see; Expertise France Development of Comparative Study and Internal and External Guides on Amicable Settlement Jobs in Tanzania
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