Terms of Reference for: A National Consultation on the Implementation of CAT Recommendations; a Workshop on an anti-torture law and Campaign; and for the organizational support of an OMCT follow-up mission to Pakistan
I. ORGANIZATIONAL AND PROJECT BACKGROUND
A. The OMCT
The World Organization Against Torture (Organisation Mondiale Contre la Torture – OMCT) was founded in 1985. Based in Geneva but working through its large and active SOS-Torture Network working in more than 90 countries, it is among the largest civil society coalitions fighting against torture and all other forms of cruel, inhuman or degrading treatment or punishment in the world. The mission of the OMCT is to contribute to the eradication of torture, summary executions, disappearances, arbitrary detention and other cruel, inhuman or degrading treatment or punishment and to provide protection to victims and potential victims through its global network of civil society organizations working in partnership and solidarity. Moreover, the OMCT is the Civil Society Organizations (CSO) coordinator for the United Nations Committee Against Torture (hereinafter CAT) and provides support to civil society organizations engaging with CAT.
Further information about the OMCT and its activities with the UN Committee Against Torture can be found on the website, as well as the OMCT’s CAT Blog, or through our social media outlets on Facebook and Twitter.
B. The Project
Pakistan has ratified the Convention against Torture in 2010 and has submitted its initial report to the CAT in 2016. The CAT reviewed Pakistan’s implementation of the Convention in its 60th Session held in Geneva in April and May 2017. The OMCT has supported CSOs engagement with the CAT, i.e. in organizing a CSO workshop on CAT reporting, in drafting alternative reports and in briefing the CAT members in a private session.
As a follow-up to the CAT review, the OMCT would like to support a civil society organization in;
· Organizing a national consultation on the implementation of the recommendations adopted by the CAT in May 2017;
· A workshop on an anti-torture law
· Organizing an OMCT follow-up mission to Pakistan.
The national consultation and the workshop will be organized back to back and have to be carried out in June 2019.
This project is part of OMCT’s Civil Society United Against Torture Initiative. The OMCT’s activities contributing to the implementation of the Convention against Torture are supported by the European Union (EU), the Dutch Ministry of Foreign Affairs, the Swiss Ministry of Foreign Affairs (DFAE) and Irish Aid.
II. SCOPE OF THE ASSIGNMENT AND METHODOLOGY
A. National Consultation on the implementation of CAT recommendations
In 2017, in its concluding observations on Pakistan’s initial report, the CAT made several recommendations related to the widespread use of torture by police, inadequate investigations of complaints of torture, torture in the context of counter-terrorism efforts, impunity for torture by military and paramilitary forces and intelligence agencies, the criminalization of torture, fundamental legal safeguards, reprisals against journalists and human rights defenders, enforced disappearance, independent prison monitoring, violence against women and “honour killings”, trafficking and forced labour, corporal punishment, juvenile justice procedure that are incompatible with the Convention, and redress and compensation for victims of torture.[1] The government has to implement these recommendations.
The one-day national consultation aims at bringing together relevant actors and stakeholders, including relevant governmental authorities, the national human rights institution, members of the judiciary and legislative, CSOs, and journalists to strategize and discuss the implementation of the Convention in general and the CAT recommendations in particular.
The budget for this activity is as follows: 900 EUR local transportation, 1400 EUR for per diem, 1500 EUR for meeting expenses for the national consultation, 700 EUR for a journalist briefing (meeting expenses), and 2700 EUR as direct assistance to the organization.
B. Workshop on an anti-torture Law and Campaign
Although the Constitution of Pakistan, the Penal Code and the Police Order 2002 prohibit torture (or the infliction of “hurt”), Pakistan’s legislation fails to explicitly criminalize torture and does not provide a specific definition of torture that incorporates all the elements of article 1 of the Convention. Furthermore, victims of torture do not enjoy the full rights to complain and redress as provided in the Convention.
In March 2015, the Senate passed the Torture, Custodial Death and Custodial Rape (Prevention and Punishment) Act 2014.[2] The draft bill remains pending before the National Assembly. A similar bill was approved by the sub-committee of the National Assembly’s Committee on the Interior in January 2017.[3]
In June 2017, the CAT in its concluding observations, recommended to the government of Pakistan that it “take the necessary measures to incorporate into its legislation a specific definition of torture that covers all the elements of the definition contained in article 1 of the Convention against Torture and establishes penalties that are commensurate with the gravity of the act of torture. The CAT encourages the State party to review the torture, custodial death and custodial rape (prevention and punishment) bill to ensure its full compatibility with the Convention and promote its adoption, or propose new legislation to accomplish that.”
The activity seeks to capitalize on the CAT review and the above-mentioned specific recommendation by engaging relevant executive and legislative actors, the national human rights institution, CSOs, and other stakeholders in a one-day workshop. The workshop will discuss inter alia (i) content and provisions of an anti-torture bill, taking into account the draft bills that have been passed by the Senate and the National Assembly’s Committee on the Interior respectively; (ii) the requirements and elements for anti-torture legislations under the Convention against Torture, and other relevant international treaties binding upon Pakistan; and (iii) strategies around how to gain support, initiate and pass anti-torture legislation.
The workshop will have to include the relevant stakeholders including those representing groups particularly vulnerable to torture such as children, minorities, and women.
This action further supports advocacy and campaigning directed at the adoption of anti-torture legislation.
The budget for the workshop and campaigning is as follows: 1100 EUR for meeting expenses of the workshop, 2000 EUR for campaign/communication, and 2200 EUR for organizational costs.
C. Organizational support of an OMCT follow-up mission
The OMCT carried out three missions to Pakistan between 2014 and 2016 during which it met with representatives of civil society, the government, the national human rights institution, lawyers, and members of Parliament and discussed the implementation of the Convention against Torture as well as how to engage with the CAT regarding the review of Pakistan’s initial report.
Following the CAT review, the OMCT plans to undertake a 5-day mission in June 2019 with one OMCT representative and one international expert. The mission will coincide with the workshop and the national consultation.
The activity seeks support in setting up meetings with relevant governmental authorities, CSOs, and the national human rights institution.
The compensation for the organizational cost for this activity is 500 EUR. (This does not include travel and per diem for the OMCT representative and the expert as this expense will be covered by the OMCT).
IV. DURATION and DEADLINES
The workshop and national consultation have to be organized back to back in June 2019.
Two separate narrative and financial reports for the national consultation and the workshop respectively, will have to be submitted to the OMCT by 31 August 2019.
V. REQUIREMENTS and ELEGIBILITY
Organisations with the following profile and competencies are encouraged to express their interest:
VI. APPLICATIONS AND CONSIDERATION
Applications will be accepted up to the 3rd March 2019, only via email, to Nicole Bürli, Human Rights Adviser at the OMCT, at: nb[at]omct.org. Thank you for understanding that we cannot answer phone enquiries.
In order for your application to be considered, please send an email indicating "Pakistan: National Consultation and Workshop" in the subject heading, with three narrative applications:
1. Short narrative regarding the national consultation
- Draft agenda
- Identifying the persons, organisations, and agencies to invite for the national consultation and the workshop (including the approximate number of people to be invited)
- short explanation on how the journalist briefing will be organized
- proposed date
2. Short narrative regarding the workshop
- Draft agenda
- Identifying the persons, organisations, and agencies to invite for the national consultation and the workshop (including the approximate number of people to be invited)
- short description of campaign ideas for the adoption of anti-torture legislation, including planned outputs
- Proposed date
3. Short narrative regarding the mission
- Short list of people, organisations and/or governmental agencies proposed to meet during the mission
A budget with estimate costs should be attached to the narrative for the national consultation and the workshop.
Please note, co-applications by two or more
organisations will also be accepted.
This call has been produced with the
financial assistance of the European Union, the Ministry of Foreign Affairs of
the Netherlands, the Swiss Federal Department of Foreign Affairs and Irish Aid.
The contents of this call are the sole responsibility of OMCT and can under no circumstance be regarded as reflecting the positions of the European Union, the Ministry of Foreign Affairs of the Netherlands, the Swiss Federal Department of Foreign Affairs or Irish Aid.



[1] ttps://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CAT%2fC%2fPAK%2fCO%2f1&Lang=en. For more information on the CAT review see also Reports from Civil Society Organisatations as well as the Summary Records on the dialogue between the CAT members and the delegation of Pakistan: https://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/countries.aspx?CountryCode=PAK&Lang=EN. The dialogue between the government and CAT members can also be watched here: http://webtv.un.org/search/consideration-of-pakistan-1506th-meeting-60th-session-committee-against-torture/5400323914001/?term=&lan=english&cat=60th%20session&sort=date&page=2 and here: http://webtv.un.org/search/consideration-of-pakistan-contd-1508th-meeting-60th-session-committee-against-torture/5403890548001/?term=&lan=english&cat=60th%20session&sort=date&page=2.
[2] http://www.senate.gov.pk/uploads/documents/1438775288_445.pdf.
[3] http://epaper.brecorder.com/2017/01/20/12-page/841370-news.html.
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