Terms of Reference for (TOR) For A Consultant to Upgrade a Comprehensive Guideline on a Strategic Human Rights Litigation (Re-Advertised )

Introduction

Lawyers for Human Rights (LHR) is an Ethiopian civil society organization re-registered on September 19 2019 before the FDRE Civil Societies Organizations Agency in accordance with Proclamation No. 1113/2019. The objectives of the Organization is to promote and advocate human rights among others through increasing the participation and contribution of lawyers in the area of human rights through training and other capacity-building activities and supporting and helping lawyers across the nation to exchange ideas, information and experience for better protection of human rights and prevalence of human rights; litigating before courts and other relevant organs to ensure protection and promotion of human rights recognized under the FDRE Constitution and other laws; creating awareness for justice organs about international human rights instruments ratified by Ethiopia; providing free or low-cost legal services for victims of human rights violation particularly disadvantaged communities; lobbying the government to enact new laws or amend existing ones to give full protection for human rights; and familiarizing the idea of human rights defenders (HRD) among the lawyers.

To achieve its objectives, LHR has been engaging with national and international stakeholders in the past years including OHCHR East Africa Regional Office (EARO), National Endowment for Democracy (NED), Open Society Initiative for Eastern Africa (OSIEA), USAID Justice Activity Project, Freedom House (FH), Civil Rights Defenders (CRD), French Development Agency (AFD), Project Expedite Justice (PEJ), and Konrad Adenauer Stiftung (KAS).

One of the flagship programs LHR has been introducing in Ethiopia includes the protection and promotion of human rights through strategic human rights litigation. Strategic human rights litigation is a creative and powerful means of advocacy for the protection of human rights. It uses the justice sector and law to achieve change in policy, law, practice, political culture, and social norms and to secure remedies or reliefs following violations. It seeks to have an impact beyond the actual outcome of the case and a certain client.

LHR is a pioneer civil society organization, promoting strategic human rights litigation among lawyers, judges, and civil societies through capacity-building training and litigation. Currently, LHR desires to upgrade its strategic human rights litigation guideline to make it user-friendly, detailed, and comprehensive strategic human rights litigation guidelines. Accordingly, LHR is looking for a consultant who will upgrade its strategic human rights litigation guideline.

The Objective of the Assignment

The objectives of the assignment are:

1. To upgrade the existing Strategic Human Rights Litigation with a view to strengthen LHR’s strategic human rights litigation efforts.
2. To help lawyers/ CSOs who are engaged in human rights litigation understand what strategic litigation is, case and client selection strategies, and to consider using courtrooms and international and regional mechanisms as advocacy tools for better human rights protection.
3. To strengthen LHR’s strategic litigation unit work.
4. To guide the Strategic Human Rights Litigation Case Selection Committee of LHR in identifying cases that solve societal problems.

1.      Scope of the work

The consultant is expected to prepare a comprehensive guide to strategic human rights litigation tailored to the Ethiopian context and LHR objectives. Accordingly, the consultant is expected to address at least the following:

The Role of Lawyers and CSOs in supporting victims of human rights violation and bringing systematic change/social change

• Conceptual understanding of strategic litigations: Goals and considerations
• The characteristics, participants, and the multiple contexts in which strategic human rights litigation is embedded;
• The Impacts of Strategic Human Rights Litigation;
• When does it make sense to bring strategic human rights litigation;
• Success factors for strategic human rights litigation;
• Principles of case and client selection for strategic human rights litigation: Key Considerations
• The nature of Remedies sought through strategic human rights litigation;
• Forums for strategic human rights litigation: National, Regional, and International
• Strategic human rights litigation case development process;
• Financing strategic human rights litigation;
• Post litigation: Media, Communication, and Advocacy works;
• Strategic human rights litigations before domestic, sub-regional, regional, and international forums;
• Legal and Institutional frameworks for Human Rights: domestic, regional, and International; and
• Challenges and Opportunities for Practicing Lawyers and NGOs in Strategic Litigation

2.      Methodology

The consultant is expected to employ appropriate methodology in preparing a standard comprehensive guideline of strategic human rights litigation.

Expected Deliverables and Timeline

• Submission of comprehensive guidelines in 30 working days.
• Incorporation of feedback and submission of final comprehensive guideline.

• At least a master’s degree in law, with a focus on human rights.
• At least 5 years of relevant work experience in human rights litigation in Ethiopia, experience as a practicing lawyer will be given priority.
• Ability to work independently and respond to feedback in a timely and professional manner.
• Experience in preparing guidelines and /or manuals is an asset.
• Excellent communication, interpersonal and organizational skills, and attention to details.
• Excellent skill in written and spoken English.