Consultant: for the Documentation of Cases / Instances where COVID-19 Measures are Abused to Violate Civil and Political Rights. at ActionAid Nigeria

Contract: Short - term

Background

• ActionAid (AA) Nigeria is seeking the services of a consultant to document cases where COVID-19 measures were abused to violate civil and political right AA Nigeria is an affiliate of ActionAid International, which is a global alliance of organisations working towards achieving a world without poverty and injustice in which every person enjoys the right to a life with dignity.
• As a large and visible development organisation, we work in more than 40 countries in Africa, Asia, Europe and America. Our expertise lies in community-led approaches to development and working through partnerships with the poor and other grassroot organisations.

Project Overview: Goal(s) and Outcome(s)

• Women are likely to be hardest hit by social and economic disruptions caused by COVID19, whether in respect of their paid work (often in vulnerable, low paid roles such as care, nursing etc. with little protection) or their unpaid care and domestic work (which will rise dramatically as public services close and more people are sick).
• Many young people burdened by debt and forced to work on zero-hour contracts in the unreliable gig economy with no protection are primary victims of a failed economic order which needs to come to an end.
• ActionAid has committed in Action for Global Justice to: to hold States accountable for respecting, protecting and fulfilling human rights in ways that are democratic, transparent and effective and to propose alternatives to the systems and practices we criticize and ensure that the people we work with are central in defining and building these solutions.
• For this reason, ActionAid’s civic participation working group is starting a process to track what is happening in different countries with a view to documenting and sharing good and bad practices in addressing the COVID-19 pandemic and the impact on civil and political rights in the short and medium term.

Audience
Target audience/s:

• The target audience for the Reports are policy makers and implementers, change agents, the donor, public in Nigeria and the Nigerian media.
• It will also provide an advocacy tool to be used by ActionAid to engage with the government and address instances of violation of human rights cases during the COVID19 lockdown.

Required Documentations

• CV
• Expression of interest note
• Sample of previous reports produced.
• Invoice/quotation for payment

Task Clarification:

• Phase I: March, -June 2020: Starting from the Period of Total Lockdown in Nigeria,
• Initial Mapping now of what Laws / Policies have changed/been enacted/invoked and whether they are Uniform/ Discriminatory.

The consultant is expected to research and document the cases of human rights abuses in Nigeria in line with the guideline provided below:

• How has your government acted to protect its citizens from the pandemic and curb the spread of the virus? To what extent are the measures ensuring the health and safety of people?
• What measures have been put in place by the government to address the COVID19 pandemic e.g. declaration of emergency, declaration of disaster or enactment of public health acts-resulting in quarantines, travel bans/restrictions, lockdowns, curfews or enactment of new legislation such as laws granting law enforcement agencies more powers etc.
• What cases or incidents / measures have been put in place to contain the spread of COVID-19 in your country which appear to have been proposed and implemented/enforced without full consideration of potential consequences for the enjoyment of all civil and political rights by all, whether infected, at risk, or part of the wider population.

In line with the guidance highlighted above on human rights during pandemics/emergencies, identify laws, policies and practices that: target particular groups, minorities, or individuals; function as a cover for repressive action under the guise of protecting health; are used to silence the work of human rights defenders; are not motivated by legitimate public health goals and /or; are used to quash dissent. What is the anecdotal, potential or evidenced impact of restrictions with regards to?

• Freedom of assembly/movement: are quarantines, travel bans, curfews, lockdowns etc. necessary, proportionate non-discriminatory and in compliance with human rights/national laws? Are people fleeing from war or persecution accessing safety and protection? During quarantines, lockdowns etc. has the government put in place support services for victims of gender-based violence, including effective referrals and ensuring the availability of avenues to safety for victims?
• Freedom of association: are there cases where the government has criminalized or obstructed the work of civil society organizations including vital humanitarian operations? As people organize and mobilize online is the Internet accessible? Is there intimidation of civil society, bloggers engaging online etc.?
• Freedom of expression/access to information: are there cases of media censorship, attacks on journalists, healthcare workers, scientists, social media and internet users, retaliatory lawsuits? Is there intimidation of CSOs/HRDS from authorities raising concerns on how the government is managing the pandemic etc.?
• Is information on COVID-19 available in readily understandable formats and languages, and adapted for people with specific needs, including the visually- and hearing-impaired, and reaching those with limited or no ability to read? Are online spaces restricted by laws or Internet shutdowns? Is the government countering any falsehoods by delivering clear, accurate, and up-to-date information?
• Rule of Law and Human Rights/Protection of Human Rights Defenders: are measures being used as a basis to target groups, women, young people, or individuals/quash dissent? Is the right to privacy, dignity, and treatment of those infected respected or is there criminalization? Are measures provided for and carried out in accordance with the international and national law and subject to review?
• Do individuals/groups can seek remedies and compensation for any unnecessary or disproportionate rights violations committed during the pandemic? What measures have been put in place to protect or address violence against women and girls in private and public? Is the pandemic generating stigma, discrimination, racism and xenophobia? How is the government addressing these?
• Is the occupational health and safety of those working during this crisis, particularly health workers, assessed and addressed? Are any workers forced to work in conditions that unnecessarily endanger their health because they fear losing a job or a paycheck? Is health surveillance and monitoring (using emerging technologies or collecting individuals’ personal information) related to and used for public health-specific aims, subject to independent oversight, administered in an open and transparent manner and limited in both duration and scope as required in this situation?
• If you have elections coming up, what measures have been instituted to protect and ensure the administration of free and fair elections? If they are/will be postponed, is it supported by law and a broad consensus among political forces and independent experts? Where lockdowns have been enforced, are the rights to food, water and sanitation for people living in poverty and exclusion safeguarded?
• What measures have been put in place that that respect human rights or take into consideration the disproportionate impact they could have on people living in poverty and exclusion during the COVID-19 pandemic or mitigate these challenges?
• Highlight the impact on our key priority target groups-women and young people, human rights defenders and people living in poverty and exclusion.
• Recommendations: what actions do women, young people, human rights defenders, and people living in poverty and exclusion propose to the government to safeguard their civil and political rights during and after the COVID-19 pandemic?

Phase II: July-September 2020 7:

• Monitor and document if the measures to curb COVID-19 put in place by the government are adjusted as pandemic wanes or are suspended when pandemic is fully put under control?
• Track the legal status and level of enforcement of each measure that was taken to ensure that measures taken for Coivid-19 do not become the norm or get mis-used by the government for other purposes.

Deliverables:

• The selected consultant is expected to develop a methodology describing the processes to be undertaken to document the issues outlined.
• The consultant will also be required to document instances of human rights abuse during the COVID-19 lockdown and write a comprehensive report about same, using the format provided.
• The consultant is expected to provide video footages and photos that will complement and illustrate the issues where possible

Timeline:

• For the first Phase, commencing when the contract is signed, the Researcher is expected to work twice (2) Days in a week, between May and June 2020, bringing the total number of Days to 17 days. The first draft of the report is to be turned in to AAN by June 30th, 2020 for inputs while the final copy is to be submitted latest Monday, July 6th, 2020.
• The Second Phase of the documentation shall be negotiated separately after the successful completion of the First Phase.

Required Consultant’s Specific
Academic and professional qualifications & experience:

• A seasoned Human Right Lawyer with a minimum of 10 years proven experience and practice in Nigeria
• Strong post graduate academic background with an in-depth knowledge on Human Rights issues in Nigeria, especially, on documented case studies of approaches, methods and tools applied to protect Human Rights within the international and national laws
• Experience working with, and a strong understanding of, geopolitical terrain in Nigeria and Governance programming
• Preferably a candidate with a master’s degree or a PhD in Law or Political Science

Competencies:

• Proven research ability and to plan and manage work efficiently including to competing deadlines
• Excellent interpersonal skills and ability to establish effective working relations with different stakeholders and across distance and cultures
• Excellent English writing and communication skills
• Ability to effectively analyze and distil complex messages into easy formats
• Ability to work unsupervised and with a high degree of independence
• Proven ability to identify risks and issues and to escalate as appropriate
• Ability to think strategically
• Ability to communicate practical implementation approaches to a wide range of stakeholders in a way that encourages adoption of best practices
• Experience in Monitoring and Evaluation

Payment

• An initial 50% of total sum involved is to be paid after the contract has been awarded, while the balance 50% paid upon satisfactory completion and submission of all work done.
• The consultant will be responsible for coordinating enumerator or staff involved in supporting him/her and ActionAid will not be liable for any action or inaction against the law of the Federal Republic of Nigeria.

Reporting Lines:

• The Consultant shall report to the Manager, Governance Unit of AAN, who shall oversee the documentation process. He/she shall also submit all documentation and resources developed to the Manager, Governance.