Pakistan: Open Call

I. ORGANIZATIONAL AND PROJECT BACKGROUND

A. The OMCT

The WorldOrganization Against Torture (Organisation Mondiale Contre la Torture – OMCT)was founded in 1985. Based in Geneva but working through its large and activeSOS-Torture Network working in more than 90 countries, it is among the largestcivil society coalitions fighting against torture and all other forms of cruel,inhuman or degrading treatment or punishment in the world. The mission of theOMCT is to contribute to the eradication of torture, summary executions,disappearances, arbitrary detention and other cruel, inhuman or degradingtreatment or punishment and to provide protection to victims and potentialvictims through its global network of civil society organizations working inpartnership and solidarity. Moreover, the OMCT is the Civil SocietyOrganizations (CSO) coordinator for the United Nations Committee AgainstTorture (hereinafter CAT) and provides support to civil society organizationsengaging with CAT.

Furtherinformation about the OMCT and its activities with the UN Committee AgainstTorture can be found on the website, as well asthe OMCT’s CAT Blog, or through our socialmedia outlets on Facebook and Twitter.

B. The Project

Pakistanhas ratified the Convention against Torture in 2010 and has submitted itsinitial report to the CAT in 2016. The CAT reviewed Pakistan’s implementationof the Convention in its 60th Session held in Geneva in April andMay 2017. The OMCT has supported CSOs engagement with the CAT, i.e. in organizinga CSO workshop on CAT reporting, in drafting alternative reports and inbriefing the CAT members in a private session.

As afollow-up to the CAT review, the OMCT would like to support a civil societyorganization in;

· Organizinga national consultation on the implementation of the recommendationsadopted by the CAT in May 2017;

· A workshopon an anti-torture law

· Organizingan OMCT follow-up mission to Pakistan.

The national consultation and theworkshop will be organized back to back and have to be carried out in June 2019.

Thisproject is part of OMCT’s Civil Society United Against Torture Initiative. The OMCT’sactivities contributing to the implementation of the Convention against Tortureare 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. NationalConsultation on the implementation of CAT recommendations

In 2017, in its concluding observations onPakistan’s initial report, the CAT made several recommendations related to thewidespread use of torture by police, inadequate investigations of complaints oftorture, torture in the context of counter-terrorism efforts, impunity fortorture by military and paramilitary forces and intelligence agencies, the criminalizationof torture, fundamental legal safeguards, reprisals against journalists andhuman rights defenders, enforced disappearance, independent prison monitoring,violence against women and “honour killings”, trafficking and forced labour, corporalpunishment, juvenile justice procedure that are incompatible with theConvention, and redress and compensation for victims of torture.[1]The government has to implement these recommendations.

The one-day national consultation aims at bringingtogether relevant actors and stakeholders, including relevant governmental authorities,the national human rights institution, members of the judiciary andlegislative, CSOs, and journalists to strategize and discuss the implementationof the Convention in general and the CAT recommendations in particular.

The budget for this activity is as follows: 900EUR local transportation, 1400 EUR for per diem, 1500EUR for meeting expenses for the national consultation, 700 EUR for ajournalist briefing (meeting expenses), and 2700 EUR as direct assistance tothe organization.

B. Workshop onan anti-torture Law and Campaign

Although the Constitution of Pakistan, the PenalCode and the Police Order 2002 prohibit torture (or the infliction of “hurt”), Pakistan’slegislation fails to explicitly criminalize torture and does not provide aspecific definition of torture that incorporates all the elements of article 1of the Convention. Furthermore, victims of torture do not enjoy the full rightsto 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 wasapproved by the sub-committee of the National Assembly’s Committee on theInterior in January 2017.[3]

In June 2017, the CAT in its concluding observations,recommended to the government of Pakistan that it “take the necessary measuresto incorporate into its legislation a specific definition of torture thatcovers all the elements of the definition contained in article 1 of theConvention against Torture and establishes penalties that are commensurate withthe gravity of the act of torture. The CAT encourages the State party to reviewthe torture, custodial death and custodial rape (prevention and punishment)bill to ensure its full compatibility with the Convention and promote itsadoption, or propose new legislation to accomplish that.”

The activity seeks to capitalize on the CAT reviewand the above-mentioned specific recommendation by engaging relevant executiveand legislative actors, the national human rights institution, CSOs, and otherstakeholders in a one-day workshop. The workshop will discuss inter alia (i) content and provisions ofan anti-torture bill, taking into account the draft bills that have been passedby the Senate and the National Assembly’s Committee on the Interiorrespectively; (ii) the requirements and elements for anti-torture legislationsunder the Convention against Torture, and other relevant international treatiesbinding upon Pakistan; and (iii) strategies around how to gain support,initiate and pass anti-torture legislation.

The workshop will have to include the relevantstakeholders including those representing groups particularly vulnerable totorture such as children, minorities, and women.

This action further supports advocacy andcampaigning directed at the adoption of anti-torture legislation.

The budget for the workshop and campaigning is asfollows: 1100 EUR for meeting expenses of the workshop, 2000 EUR forcampaign/communication, and 2200 EUR for organizational costs.

C. Organizationalsupport of an OMCT follow-up mission

The OMCTcarried out three missions to Pakistan between 2014 and 2016 during which itmet with representatives of civil society, the government, the national humanrights institution, lawyers, and members of Parliament and discussed theimplementation of the Convention against Torture as well as how to engage withthe CAT regarding the review of Pakistan’s initial report.

Followingthe CAT review, the OMCT plans to undertake a 5-day mission in June 2019 withone OMCT representative and one international expert. The mission will coincidewith the workshop and the national consultation.

Theactivity seeks support in setting up meetings with relevant governmentalauthorities, CSOs, and the national human rights institution.

The compensationfor the organizational cost for this activity is 500 EUR. (This does notinclude travel and per diem for the OMCT representative and the expert as thisexpense will be covered by the OMCT).

IV. DURATION andDEADLINES

The workshopand national consultation have to be organized back to back in June 2019.

Two separatenarrative and financial reports for the national consultation and the workshoprespectively, will have to be submitted to the OMCT by 31 August 2019.

V. REQUIREMENTS andELEGIBILITY

Organisationswith the following profile and competencies are encouraged to express theirinterest:

• Pakistan civil society organisationsspecialized in working on the prohibition against torture, includingtorture and ill-treatment in detention, violence against women, violenceagainst children, extrajudicial killings, the death penalty and enforceddisappearance;
• Pakistancivil society organizations that have experience in organizing national consultationsand workshops;
• Pakistan civil society organizations that have engagedwith United Nations treaty bodies (preferably) and/or Human Rights Councilincluding Universal Periodic Review and Special Procedures.

VI. APPLICATIONS ANDCONSIDERATION

Applicationswill be accepted up to the 3rd March 2019, only via email, to Nicole Bürli, HumanRights Adviser at the OMCT, at: nb[at]omct.org.Thank you for understanding that we cannot answer phone enquiries.

In order for your application tobe considered, please send an email indicating "Pakistan:National Consultation and Workshop" in the subject heading, with three narrative applications:

1. Short narrative regarding thenational consultation

- Draft agenda

- Identifying the persons, organisations, and agencies to invite for the nationalconsultation and the workshop (including the approximate number of people to beinvited)

- short explanation on how thejournalist briefing will be organized

- proposed date

2. Short narrative regarding theworkshop

- Draft agenda

- Identifying the persons, organisations, and agencies to invite for the nationalconsultation and the workshop (including the approximate number of people to beinvited)

- short description of campaign ideasfor the adoption of anti-torture legislation, including planned outputs

- Proposed date

3. Short narrative regarding themission

- Short list of people,organisations and/or governmental agencies proposed to meet during the mission

A budget with estimate costsshould be attached to the narrative for the national consultation and theworkshop.

Please note, co-applications by two or moreorganisations will also be accepted.

This call has been produced with thefinancial assistance of the European Union, the Ministry of Foreign Affairs ofthe 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 nocircumstance be regarded as reflecting the positions of the European Union, theMinistry of Foreign Affairs of the Netherlands, the Swiss Federal Department ofForeign Affairs or Irish Aid.

[1] ttps://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CAT%2fC%2fPAK%2fCO%2f1&Lang=en.For more informationon the CAT review see also Reports from Civil Society Organisatations as wellas the Summary Records on the dialogue between the CAT members and thedelegation 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=2and 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.