Reference: G/BOT/0441
Location: Gaborone, Botswana
Duration: 6 months
Closing Date: 22 Sep 2011
Background
The Botswana legal system tends to rely mainly on imprisonment as the preferred sanction for offending behaviour. Inadequate use is being made of alternatives to imprisonment and the possible range of sentencing options which could be implemented. The result is that the prisons are overcrowded with offenders who could have been sentenced to other forms of punishment that are less traumatic and more reformative than imprisonment.
However, the Government does not currently have the capacity to prepare an alternative sentencing policy, build the institutional capacity of the Attorney General’s Office to roll it out, provide capacity building for key stakeholders, and put in place procedures in line with international human rights, organisational/institutional and legal framework standards. Through the Ministry of Defence, Justice and Security, it has therefore requested technical assistance to enhance the capacity of the Attorney General’s Office to formulate and implement a sentencing policy for Botswana which would also incorporate alternatives to imprisonment.
Purpose of the Project
To assist in the formulation of a sentencing policy for Botswana encompassing alternatives to imprisonment, as well as to enhance the capacity of the Attorney General’s Office in relation to the building of skills with regard to the project.
Scope of Work
The project will provide a legal expert for short term inputs who will be based at the Attorney General’s Chambers in Gaborone and will work closely with the Attorney General and key staff to be trained and mentored.
This project would be implemented using a three-phased approach. This advertisement relates to phase 1 only, subsequent phases will be undertaken subject to performance and taking into account any relevant findings that may come to light during phase 1.
Phase one:
The consultant will review the current legislative framework and develop a sentencing policy for Botswana encompassing alternatives to imprisonment. This phase will also encompass the building of skills in the formulation of appropriate drafting instructions within appropriate line ministries. It is estimated that this phase will take a minimum period of six months to complete.
During this phase it is expected that the consultant will undertake the following activities, inter alia:
- Conduct a review of existing legislation, sentencing options and trends; and identify impacts
- Meet key stakeholders individually to identify the impact of current approaches to sentencing
- Prepare a paper on approaches to sentencing in other Commonwealth benchmark jurisdictions, as well as model laws, with a view to sharing these with Botswana stakeholders and Government
- Prepare a draft report containing the results and recommendations of the study
- Develop a draft sentencing policy encompassing alternatives for consideration by stakeholders at a consultative forum
- Facilitate a stakeholder workshop to discuss the draft policy
- Finalise the draft policy after presentation to cabinet
- Assist relevant client Ministry/Ministries to formulate comprehensive drafting instructions based on international best practice and model laws from other Commonwealth jurisdictions for the drafting of new legislation and/or amendments to existing legislation, in order to give legislative effect to the new policy.
Other stakeholders such as the Judiciary, the Directorate of Public Prosecutions, the prison department and the Ministries/departments will be involved in the consultation process.
Phase two:
As soon as possible after successful passage of the sentencing policy into law, phase two will be initiated which will require the consultant to return to Botswana to provide specific training/capacity building or other initiatives in order to support the implementation of the newly-developed policy at the national and community level. This would include sensitisation of judges to the application of the new policy. It is estimated that this phase will take a minimum period of three months to complete. During this phase it is expected that the consultant will undertake the following activities, inter alia
- Where necessary, develop amendments to documentation (manuals, bench books, etc) to incorporate new policy
- Assist in the training of legal officers on new legislation,
- Sensitise relevant stakeholders on the new legislation
Phase three:
After one year of the policy being in place, Phase three will be initiated which will require the consultant to return to Botswana for up to 2 months in order to monitor the implementation of the policy and to make recommendations and/or take remedial measures as necessary.
Project Phase Outputs (Deliverables)
It is expected that the project will produce the following outputs:
- Comprehensive sentencing policy produced incorporating alternatives to imprisonment
- Drafting instructions for amendments to legislation and new legislation based on Commonwealth model Law and international best practice
- Key stakeholders trained and sensitised on new legislation/policy
- Mechanism to monitor implementation of policy set up and in use
Transfer of Expertise
The Commonwealth Secretariat attaches particular importance to the transfer of expertise and knowledge to local staff. The consultant will undertake significant capacity building inputs which will be designed to ensure that key staff in the Attorney General’s Office and other stakeholders are able to assume the responsibilities once the project is completed. Furthermore, the systems to be established by the consultant will be accompanied by user friendly manuals/guides and formal training sessions of administrative staff in their use.
Phase 2 & 3 will also provide sensitisation and guidance to relevant stakeholders to ensure the changes are understood and are being used. Phase 3 in particular will monitor this process and introduce remedial measures where necessary and ensure sustainability.
Implementation Arrangements
The consultant will work closely with Commonwealth Secretariat Advisers in delivering this technical assistance. The consultant will be based in the Office of the Attorney General in Gaborone.
Professional Skills and Qualifications
Essential
- Masters Degree in a relevant field (Law, social sciences, etc)
- Not less than 10 years’ experience as either a practitioner, academic or policy expert in the development and application of alternative sentencing policy
- Experience in preparation and delivery of capacity building inputs
- Strong presentation, communication and report writing skills
- Experience of designing and implementing seminars and training events
- Excellent communication skills, both written and oral
- Ability to work in a multi-cultural environment
Desirable
- Regional experience or knowledge
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