Amnesty International – Right to Protest/ Public Order Management Research Consultant (Kenya).

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Amnesty International Kenya believes in a society where every human being understands and claims their constitutional rights and freedoms. We exist to enable everyone to advance full citizenship rights.  To us, protests are a way for citizens to assert their freedom, show unwillingness to conform, defy or shows dissatisfaction with government policies.The 2010 constitution birthed the process of police reforms that was to transform from a force to a service. The Constitution of Kenya requires that national security be pursued in compliance with the law and utmost respect for the rule of law, democracy, human rights, and fundamental freedoms. Article 37 of the Constitution of Kenya 2010 guarantees every citizen right to peacefully, and unarmed to assemble, to demonstrate, to picket and to present petitions. The 2010 Constitution further established an independent national police service headed by an Inspector General who is required to independently exercise command of the National Police Service. The National Police Service Act of 2011 further provides the conditions and circumstances under which police officers can use force. The National Police Service Act of 2011 further established the Internal Affairs Unit (IAU) to investigate complaints against police officers. Further, a civilian Independent Policing Oversight Authority (IPOA) was established to investigate deaths and serious injuries caused by the police. It was therefore expected that the use of excessive force by police in public order management would cease.Though police are the only agency mandated to carry out public order management, county enforcement officers, private security guards, forest rangers have been used occasionally to limit this right and at times have meted violence on protesters. Under our Freedoms and Citizenship program, we are out to create an activist’s culture that strengthens public expression, association, and peaceful assembly, to enable all Kenyans to enjoy their rights unhindered. We seek to engage the services of a consultant(s) to conduct research on the State of Right to Protest/ Public Order Management in Kenya.

Key Deliverables

  • The consultant will complete and submit the final report and simplified version of the report capturing an in-depth analysis of the findings from the study. The study is expected to (but not limited).
  • Review legislation, regulations, and policies relating to public order management in Kenya, to establish compliance with regional and international human rights treaties and standards
  • Outline, establish and compare public order management in other jurisdictions with a view to establishing comparative best practices in public order management
  • Outline and establish the role and impact of county enforcement authorities in relation to public order management in Kenya.
  • Review complaints handling mechanisms at IPOA, IAU and KNCHR on policing misconduct in public order management
  • Appraise the legal framework on the right to protest and assembly online.
  • Document case studies on patterns of police restrictions to the right to protest

Main tasks:

  • The consultant shall be required to:
  • Develop a table of contents (template) for the research report and its simplified version
  • Conduct interviews with key informants i.e., justice centres, human rights defenders, enforcement agencies, police, journalists, and other relevant organisations
  • Develop and submit a draft report indicating findings from the study
  • Participate in the report validation workshop with stakeholders

Time Frame

  • The assignment should be completed within 4 weeks. The consultant shall be engaged for a period of 20 working days in accordance with the research and work plan for this project.

Required Qualifications

Essential

•Bachelor’s degree in law, human rights, or any other relevant social science
•Demonstrated knowledge of national, regional, and international human rights legal frameworks and right to protest. 
•Demonstrated knowledge of the national legal and policy framework on right to protests
•Demonstrated experience with quantitative and qualitative research design, implementation, analysis, and reporting
•Excellent research and writing skills with demonstrable experience in the development of similar literature

Desirable

• Experience of working with or around Article 37 issues.

Application Process

Applications are invited from applicants in Kenya or internationally with the capacity to work virtually. Send your cover letter and resume in a single PDF file to amnesty.kenya@amnesty.or.ke

Indicate in your subject heading “Application for Right to Protest/ Public Order Management Research Consultant.

Interested applicants are requested to submit an expression of interest that includes:

•A technical narrative (not more than 4 pages) highlighting their understanding of the TORs and accomplishment of the task, proof of previous experience and capacity to undertake the task (human, time) as well as a proposed evaluation process (methodology, plan and administration arrangements)
• Budget proposal, indicating expected remuneration per day
• CV of the lead consultant

Applications must be received by 2nd May 2021 midnight (EAT). Due to a high number of applications expected, only shortlisted candidates will be contacted.

Amnesty International does not charge a fee at any stage of the recruitment process (application, interview meeting, processing, or training).

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