Appel à manifestation d’intérêt : Recrutement d’un.e Consultant.e Bench Book pour la liberté des médias et droits numériques aux Etats-Unis.

Appel à manifestation d’intérêt : Recrutement d’un.e Consultant.e Bench Book pour la liberté des médias et droits numériques aux Etats-Unis.

Objectives of the Assignment

The objective of this consultancy is to develop a bench book that will serve as a guide to judiciaries in Southern Africa regarding digital law and rights. The bench book will be a resource manual addressing different aspects of digital law and rights such as protection of human rights in the management of criminal cases related to digital rights, e.g. computer crimes and cybercrimes. The book should include relevant statutes, case law, and other persuasive authority for judges to weigh the protection of citizens’ online rights such as the right to privacy and freedom of expression, against regional governments’ measures to protect their cyberspaces and implement computer crimes, cybercrimes, data protection, electronic commerce, terrorism, and related security laws impacted by access to the internet, computers, and citizens’ online activities. Although the bench book will be a regional resource expected to apply to any of the jurisdictions in Southern Africa, it will also provide jurisdiction specific information and resources to ensure that it is a readily available, relevant, and quick reference resource to judiciaries in the different countries when handling digital law and rights and related cases. It will therefore fuse regional and international standards and approaches with relevant national perspectives from the eight ARISA Program countries namely; South Africa, Mozambique, Angola, Namibia, Botswana, Lesotho, Eswatini and Madagascar.

Key Activities and Deliverables4

The consultant/s will be required to undertake the following activities and produce the following deliverables:

1) Develop an Inception Report detailing the methodology and workplan to be used in undertaking the assignment, and an outline of the bench book;

2) Undertake desk research and legal and policy analysis to identify available computer crimes, cybercrimes, data protection, e-commerce and related digital laws and their application by the courts in Southern Africa;

3) Identify case law from higher/superior courts in Southern Africa on computer crimes, cybercrimes, data protection, e-commerce and related digital laws and its impact on protection of digital and online rights. The DRGU will provide case identification support;

4) Engage judiciaries, the legal profession and other stakeholders in identified countries in Southern Africa to understand their views and obtain recommendations on approaches that can be used by the courts in handling computer crimes, cybercrimes, data protection, e-commerce and related digital laws. The SACJF will provide assistance in setting up consultative meetings with the judiciaries and the ABA will provide support in setting up consultative meetings with members of the legal profession;

5) Using the findings of the desk research, legal and policy analysis, case law review and stakeholder interviews, develop a bench book detailing best practice and recommendations on handling computer crimes, cybercrimes, data protection and related digital laws and rights in Southern Africa. (Examples of bench books will be made available to the successful candidate/s.)

6) Using the bench book and related materials, undertake a training of trainers for 20-25 people, targeting judges responsible for training and personnel responsible for information technology from each regional jurisdiction’s judiciary5; and 7) Produce a training of trainers workshop report within 5 days of the conclusion of the training workshop.

Qualifications and Experience

1) Bachelor’s and/or Master’s Degree in Law or Human Rights;

2) At least 10-15 years of professional experience at national, regional or international levels working on human rights and access to justice/justice delivery.

3) Candidates must demonstrate a strong understanding and knowledge of computer crimes, cybercrimes, data protection and related digital laws in Southern Africa and internationally;

4) Good understanding of the judicial structures in different Southern African jurisdictions;

5) Experience working as a practicing lawyer, judge or in judicial training will be a distinct advantage;

6) Experience in legislative drafting or legal research will be a distinct advantage;

7) Fluency in speaking, writing and reading English. A working knowledge of French and/or Portuguese preferred.