Context and rationale
RCN J&D has been operating in the Democratic Republic of Congo since 2000 . The association currently supports and works with several civil society organizations in the field of justice in order to contribute to plural justice , more honest and respectful of fundamental rights . In the approach of local justice, RCN supports alternative methods of conflict resolution, in particular by supporting traditional leaders in their role as conciliators and by promoting better recognition of women in custom and land law. To promote access to justice for all, support is provided to free consultation offices. Mechanisms to raise awareness and inform litigants on the procedures for seeking legal recourse and on the functioning of justice are also developed. RCN also takes actions to combat torture and cruel, inhuman and degrading treatment in various places of detention. The fight against corruption in the judicial system is also one of our priority interventions. In view of the conflict situations in the DRC and the international crimes committed there, RCN and its partners are also interested in mechanisms of transitional justice and the fight against impunity with a view to contributing to the return to social cohesion and peace. building lasting peace.
RCN J&D implements support programs for judicial actors and members of civil society with the aim of promoting accessible justice, meeting the needs of litigants. It is currently present in the provinces of Kinshasa, Kasaï, Equateur, North Kivu and Ituri.
As part of the second Justice Reform Support Program (PARJ2), financed by the 11th European Development Fund (EDF) and in support of all the work that RCN J&D does on the detention component thanks to funds from the Belgian development cooperation (DGD), RCN J&D is implementing the product entitled: “Respect for the rights of prisoners is reinforced by the integration of the rights-based approach and the effectiveness of legal aid”, which provides for the creation and production of educational tools for the rights of detainees and their loved ones.
The over-representation of people in pre-trial detention in Congolese prisons is a phenomenon with complex ramifications which has its origins in a variety of causes.
First of all, it is clear that the law is not respected. Indeed, preventive detention is governed in the DRC by clear legal provisions which provide in particular for the application of strict deadlines, which in reality are frequently exceeded. It is also observed that the legal conditions for placement in preventive detention are not systematically respected, since people are placed in preventive detention for non-offenses, civil matters, offenses punishable by a sentence of less than 6 months, or without there being any serious indications of guilt towards the person detained or there being a real fear of his escape. While it cannot be ruled out that some magistrates are not sufficiently trained on the legal regime of preventive detention, the fact remains that most deviant practices are due to what one of the partners of the PARJ2 Consortium, namely Avocats Sans Frontières (ASF), calls the phenomenon of “commodification” of the detainee, from which each actor in the penal chain seeks to profit. As such, placement in preventive detention represents an opportunity to monetize the freedom of the detainee.
The excessive use of preventive detention is part of a broader repressive culture that permeates Congolese society. Indeed, while preventive detention is supposed to be the exception according to the spirit of article 17 of the Constitution of the Third Republic, we observe its almost systematic use and the promotion of a punitive vision within the judicial system. . Furthermore, Congolese law provides for alternatives to preventive detention, but it seems on the one hand that defendants do not request the application of this type of measure, and that judges show a certain reluctance when is to speak out in their favor.
It must also be emphasized that although internal and external control mechanisms exist in the justice sector, they are insufficiently effective. Magistrates who, in this regard, would be accused of negligence and a lack of follow-up in the processing of their files, are rarely worried by their hierarchical superiors or by external control bodies. The address of the first president of the Court of Cassation on “the obstacles to justice: factors of underdevelopment” on the occasion of the start of the judicial year in October 2023 paints a picture which obviously challenges the judicial actor, but also the Congolese legislator. [1]
In this context, the Congolese legislator recently adopted Law No. 23/028 of June 15, 2023 determining the fundamental principles relating to the prison regime , to strengthen the rights of people deprived of their liberty.
In view of the above, as part of PARJ2, RCN J&D is looking for a consultant for the creation and production of educational tools for the rights of detainees with a view to raising their awareness and that of their loved ones, understood here as family members, community.
Objectives and expected results of the service
RCN J&D is looking for a consultant/firm/design office responsible for the creation and production of educational tools on the rights of people deprived of their liberty.
More specifically, the consultant will be responsible for:
- Equip RCN J&D and its partners with educational materials and techniques appropriate for activities to raise awareness of detainees on their rights in order to enable them to better understand the functioning and dysfunction of the judicial system, to identify the violations of which they are or could be victims and to demand respect for their rights. An image box for use by detainees and human rights defenders, posters and other innovative materials are expected;
- Strengthen the technical capacities of RCN J&D and its Civil Society partners in Ecuador on the rights of detainees and techniques for facilitating awareness sessions for detainees and the community.
The following results are expected from the consultant:
- RCN J&D and its partners have appropriate educational materials and animation techniques to strengthen knowledge of the rights of people deprived of their liberty
- RCN J&D and its partners have educational materials, methodological guides and appropriate animation techniques for raising awareness of the rights of people deprived of their liberty
- RCN J&D and its civil society partners in Ecuador are trained in the use of all training and awareness materials produced
Deliverables
The consultant must deliver the following products:
- Deliverable 1: A methodological and educational guide for conducting training for civil society actors in French and Lingala, in electronic and hard copy versions
- Deliverable 2: Innovative educational materials for information, awareness and advocacy on the rights of persons deprived of their liberty (image box, leaflets, posters, flyers, scenarios) in French and Lingala, in electronic and hard copy versions
- Deliverable 3: Final mission execution report
Location and duration of the consultancy
The consultancy is estimated at 9 days of work and can be carried out partially remotely with regard to the development of the tools.
The indicative implementation period is from April 15 to May 31, 2024.
Required profile
The consultant or consultancy team will have the following skills:
- Diploma in Sociology, Anthropology, Law, Criminology, Behavior Change Communication ( C4D or BCC), pedagogy, etc.;
- Demonstrated knowledge and experience on the subject of preventive detention will be an asset.
- Proven professional experience in the training and communication sector in fragile and developing states;
- Knowledge of the Great Lakes region and the political and judicial context of the DRC is an asset;
- Excellent writing skills in French;
- Be available throughout the duration of the study.
Application file
The application file will consist of:
- The CVs of the team members detailing in particular the missions, expertise and skills linked to this mission
- A detailed technical offer
- A financial offer not exceeding €6,387 which will take into account, in detail, all costs (including tax charges) linked to the mission and indicate the total price proposed. Production costs are also included in the offer to be submitted.
- Three professional references including first and last names, positions at the time of collaboration, emails and telephone contacts
- An extract from similar training and/or communication tools produced for a sub-Saharan African country.
The offers will be evaluated on the basis of a cumulative analysis of the CV, the technical offer, previous experience and the financial offer.
- Consistency of Experience (CV of all team members, examples of similar work previously produced, etc.): 35%
- Quality of the technical offer: 40%
- The proposed budget: 25%
[1] Dysfunction of justice in the DRC: the first president of the Court of Cassation denounces “influence peddling and interference” by dignitaries of power | Politico.cd
How to apply
How to apply?
The offer must be received no later than 04/08/2024 at 12:00 p.m. Kinshasa time to the attention of the DRC Head of Mission, Mr. Hugo JOMBWE, only by email and in pdf files to the email address: ao@rcn-rdc.org with the subject line “ 2024PARJ2I-DETENTION-OUTILS ”.
Note: RCN Justice & Démocratie is not responsible for the fees and costs relating to related files. The Organization does not charge any fees at any stage of its selection and contract award process.
Any telephone or e-mail exchange with RCN J&D employees relating to this call for tenders is not authorized. Any suspicion of compromise, influence peddling, corruption or conflict of interest in the process invalidates the application.
RCN J&D encourages both female and male skills
Only pre-selected bidders will be contacted.
The selection process may end before the deadline as soon as a candidate meeting the criteria has been identified among the files received as soon as possible.