Annexes

1. Terms of Reference

TERMS OF REFERENCE 
Evaluation Mission 
’Prevention of Police Torture in Sri Lanka’
(Period Under Evaluation: 2004-2009)

Background

The Rehabilitation and Research Centre for Torture Victims (RCT) has the overall mission of contributing to the prevention of torture and the rehabilitation of torture victims as well as to contribute to the global knowledge in these fields.

RCT entered into a co-operation agreement with the Asian Human Rights Commission in 2004 and the two organisations have worked with local Sri Lankan human rights organisations ever since in the struggle  against torture in Sri Lanka.

The overall goal of the project ‘Prevention of Police Torture in Sri Lanka’ has been defined as to achieve significant breakthroughs in terms of attitude, policy, and legislative changes and changes in the institutional practices of relevant government agencies in Sri Lanka. The victims of police torture in Sri Lanka are primary concern and are thus the primary partners and beneficiaries of this project. Similarly, project benefits are expected to accrue at the group level to the local network of civil organisations, as well as to the general public and the Sri Lankan society at large.

The strategic project components include the following: Investigations of violations relating to torture, response to torture violations and assistance to victims in the quickest possible manner, free legal aid, trauma treatment and other rehabilitation work, campaigning for redress for victims of torture. The objectives also include working for the realization of the UN Convention against Torture within the Sri Lankan context, training for activists as well as state officers, support to the institutions working for the elimination of torture and international campaigning on these issues to get the international community involved in achieving the said objectives 

The evaluation will consist of a desk study, field visits to partner organisations, debriefing meetings with partner organisations and at the Asian Human Rights Commission (AHRC) in Hong Kong. The field work in Sri Lanka will allow in-depth study of the local organisations and their activities to prevent torture.

Presentation of the RCT

RCT was founded in 1982 and is an independent self-governing Danish institution with funding from the Danish Ministry of Foreign Affairs. RCT has selected a number of strategic South partners, that share the values and overall goals with RCT. The development activities of RCT are currently being implemented in 14 developing countries. Prevention of torture is part of RCT mission statement and one of RCT’s key central focus areas. The mission for the RCT’s international support program is to contribute to the global knowledge on:

1. how to alleviate human suffering and consequences of torture and other forms of organised violence at an individual and community level and how to empower survivors and their communities to become change agents for improving their lives
2. how to prevent the occurrence of torture and other forms of organised violence, and to create the conditions necessary, at societal level, for respect for human rights, social justice and sustainable human development.

The financial support to the AHRC and the local partners in Sri Lanka amounts in 2009 to DKK 1.579,000 and the total budget allocations for local implementation under the co-operation agreements since 2004 amounts to DKK 7.363,000.

RCT works through partner organisations using a rights-based approach in relation to rehabilitation (individual, groups and communities) and prevention. This includes capacity development (rehabilitation, prevention and organisational development), advocacy and service delivery (rehabilitation and access to justice (legal support to individuals and groups).

Objectives

The primary objective of the evaluation is to focus on the preventive approaches of the work against torture in Sri Lanka.

More specifically the objectives are:

1. to assess the local organisations performance in relation to prevention and addressing the underlying issues on torture in Sri Lanka
2. to assess the AHRC’s performance in relation to prevention, including how effectively the AHRC has been able to support its partner organisations to identify, plan and implement interventions against torture in Sri Lanka

Scope of Work

The scope of work should include, but not necessarily be limited to, the following aspects:

1. Assessment of the relevance, effectiveness, efficiency and effects of the preventive strategies, as they are operationalised in the cooperation between the AHRC and the local organisations in Sri Lanka, in particular with regard to the following groups: populations at risk of torture and survivors of torture in Sri Lanka
2. Assessment of the quality of the AHRC’s prevention work in Sri Lanka, including:

1. The relevance and focus in terms of selection of local partners
2. The quality of the technical input to partner organisations

3. Assessment of the contextual analysis, including the tools developed to undertake such analysis, including:

1. criminal justice baseline: studies on prevalence, determinants and causes of torture and other cruel, inhuman or degrading treatment or punishment
2. public health baseline: problem definition (prevalence), causes, risk and protective factors, and who it affects

4. Assessment of the extent to which the self-perception of the partner organisations as political civil society actors and to which extent this role is understood, accepted and transformed into adequate preventive programmes with a relevant and targeted purpose and well-designed message, taking into consideration the Sri Lankan context.
5. Assessment of the extent to which the capacity of partner organisations to employ sound planning and programming frameworks with regard to relevant prevention activities
6. Assessment of the extent to which the preventive research/studies  and prevention interventions complement and support each other, including an assessment of the relevance and applicability of such research to partners in Sri Lanka
7. Assessment of the AHRC strategy for dialogue, cooperation, advocacy and networking with other national, regional and international actors against torture in Sri Lanka
8. Assessment of the sustainability of prevention interventions
9. Recommendations for the future work in the field of prevention in Sri Lanka

Based on observations and the dialogue with RCT, the AHRC and the local organisations throughout the evaluation the team may present findings of general nature, if found relevant.

Method of work

The evaluation process will involve the participation of relevant RCT and the AHRC staff to clarify the boundaries and expectations of the evaluation. The evaluation team will combine a brief desk review of the relevant project documents as well as an overall assessment of the contextual issues in Sri Lanka. The team should work with RCT and the AHRC in the process of discussing and analysing the issues and outline the methodology for the field study. The field study will then be carried out for the concrete assessment of practice, how project methodologies and strategies have been implemented. Following the field study it is projected that debriefing meetings will be held with local organisations in Sri Lanka. A final workshop with RCT and the AHRC in either Copenhagen or Hong Kong will present the draft findings of the evaluation for discussion. 

Composition of the evaluation team

The Team should comprise 1-2 internationally recognised experts in the field of:

1. human rights with particular knowledge on prevention of torture
2. organisational approaches towards prevention of torture

The Team should preferably be familiar with the human rights situation in Sri Lanka and with in-depth knowledge on the role of civil society in prevention or torture. Experience in evaluating complex sets of issues from the following fields should be demonstrated:

1. Evaluation in human rights and development
2. Advocacy; and legal aspects of prevention of torture, rule of law
3. Organisational development; capacity development

The RCT program manager for Asia and the AHRC South India Desk officer will participate as resource persons to assist and learn from the evaluation process.

Outputs

1. A presentation based upon the desk study with preliminary issues to be addressed during the field trip
2. A debriefing meeting with local organisations in Sri Lanka to discuss the draft findings after the field trip
3. A meeting with RCT and the AHRC (Copenhagen or Hong Kong) with presentation of draft findings and recommendations by the team
4. An evaluation report, not exceeding 30 pages, excluding annexes with clear recommendations

Consultants

Team Leader: Welmoed Koekebakker (CV available)
Team Member: Loreine de La Cruz (CV available)

Timeframe

The evaluation begins and ends week 44 – 49. A final report should be elaborated within five days after the presentation meeting of the draft evaluation report with RCT and AHRC participation.

Consultancy input and time schedule for the evaluation to be confirmed

Background information

A package of documents and publications will be provided to the Team before the evaluation

1. RCT Policy 2004
2. Progress reports and Mission reports
3. Other documents such as previous reviews and evaluations of the AHRC work in Sri Lanka

APPENDIX

The RCT policy targets of particular relevance for the project evaluation:

1. By the year 2015, based on an improved understanding of the practice of torture and organised violence, the crucial elements for effective organisation of community mobilisation for rehabilitation and prevention in relation to torture and organised violence have been identified, and models from at least 2 different parts of the world have been tested
2. By the year 2015, RCT is able to provide new knowledge as to which models or approaches offer the best access, quality and possibilities for sustainability for the work against torture and organised violence in different political and socio-economic environments
3. By the year 2015, approaches for eliminating torture within law enforcement institutions, particularly in places of detention, have been developed and tested, and the impact assessed in at least five different countries

The Seven RCT guiding principles:

1. research orientation
2. victim-survivor perspective
3. rights-based development perspective
4. fight to overcome impunity
5. perspective on impact and sustainability
6. perspective on gender mainstreaming
7. organisational principles
   

2. Time Schedule Evaluation Mission

Time Schedule Evaluation Prevention of Police Torture Project 
Welmoed Koekebakker and Loreine dela Cruz

3. Typology of police torture cases AHRC – Spreadsheet 2004-2009

This chart was not included due to its size – ed.

4. List of documents consulted

Agger, Inger: Testimonial Training in Sri Lanka, Report from a Workshop, November 2008, draft

Agger, Inger and Shyamali Puvimanasinghe: Testimonial Therapy and Victims Solidarity Groups, Mission report, October 2009

AHRC: Dossier on Gerald Mervin Perera. AHRC, 2004

AHRC: The Assassination of Sugath Nishanta Fernando – a compliant in a bribery and Torture Case, 2008.

AHRC: List of Urgent Appeals from Sri Lanka from 2004-19 October 2009, AHRC, Unpublished document.

AHRC: The cases / Communications successfully pursued before the United Nations Human Rights Committee, in: Summaries for Discussion for Evaluators, on the prevention of Torture in Sri Lanka, unpublished document, November 2009.

AHRC: Summaries for Discussion with Evaluators – On the Prevention of Torture in Sri Lanka, November 2009. Unpublished document, Hong Kong

AHRC: Corruption and abuse of Human Rights: Threats and Attacks on a Human Rights Defender, Hong Kong, 2008

AHRC: The State of Human Rights in Eleven Asian Nations. Hong Kong, 2008

AHRC: Country statements on Sri Lanka, in: Protection and participation, vol. 5 no 1, 2008 p 5-10

AHRC: In defence of the Legal Profession. Death Threats to Lawyers and the public (Sri Lanka), Hong Kong, 2008

AHRC: An attack on a Human Rights Defender and the Debate that followed. An AHRC compilation. Unpublished, Hong Kong, 2009.

ALRC: Systematic and widespread torture by state institutions in Sri Lanka and absence of effective remedies for victims and their family members. An alternative report to the second periodic report of Sri Lanka to the Committee against Torture. Hong Kong, September, 2005.

ALRC: Recommendations to address the use of torture by the police in Sri Lanka. In: Article 2, Vol 1 no 4, August 2002, 55-58

Amnesty International: twenty years of make-believe: Sri Lanka’s Commission of Inquiry, in: LST Review vol 19 issue 260-261, June-July 2009, p 1-65.

Andersen, Erik Andre, and Hans-Otto Sano: Human Rights Indicators at programme and project level. Guidelines for defining indicators – Monitoring and Evaluation. Copenhagen, The Danish Institute for Human Rights, 2006

Mary B. Anderson: Do No Harm: How Aid Can Support Peace – or War. Boulder, Lynne Rienner Publishers, 1999

Mary B. Anderson (ed.) Options for Aid in Conflict: Lessons from Field Experience, Boulder, 2000.

Berggren, Birgitta, and Patrik Jotun: Democracy and Human Rights. An Evaluation of Sida’s support to five projects in Georgia. SIDA, Stockholm, 2001

DANIDA: Evaluation of Danish Support to Promotion of Human Rights and Democratisation 1990-1998. Synthesis Report. Copenhagen, Chr. Michelsen Institute, January 2000

European Commission: The Implementation of Certain Human Rights Conventions in Sri Lanka, 30 September 2009, Brussels

European Commission:  Report on the findings of the investigation with respect to the effective implementation of certain human rights conventions in Sri Lanka, October 2009.

Fernando, Basil: Sri Lankan Politics from Primary School to Kindergarten. A Collection of articles on Sri Lankan Politics. Unpublished, n.d.

Fernando, Basil and Sanjeewa Weerawickrame: A baseline study on Torture in Sri Lanka. Hong Kong 2009

Fernando, Basil: A note of interpreting the terms of a civil society project, unpublished document, Hong Kong, November 2009

Fernando, Basil and Shyamali Puvimanasinghe: An X ray of the policing system in Sri Lanka and the torture of the poor, AHRC, Hong Kong, 2005.

Fernando, Basil and Shyamali Puvimanasinghe (eds): Sri Lanka: towards a contempt of court law. Hong Kong, AHRC, Hong Kong, 2008

Fernando, Basil and Sanjeewa Weerawickrame: A baseline study on Torture in Sri Lanka, Hong Kong, AHRC, Hong Kong, 2009

Fernando, Basil: Recovering the authority of Public Institutions. A resource book on law and human rights in Sri Lanka. Hong Kong 2009

International Bar Association: Justice in Retreat: A report on the independence of the legal profession and the rule of law in Sri Lanka. London, 2009

International Crisis Group: Sri Lanka’s Human Rights Crisis. Asia Report no 135 – June 2007

International Crisis Group: Sri Lanka’s Judiciary: Politicised courts, compromised rights: Asia report no 172 – 30 June 2009

Ivan, V.: An Unfinished struggle. An Investigative Exposure of Sri Lanka’s Judiciary and the Chief Justice

Joseph, Jasmine (ed): Sri Lanka’s dysfunctional Criminal Justice System. Hong Kong, AHRC, 2007

Welmoed Koekebakker: Report on a Field Mission to Kutum, North Darfur, August 2006

Welmoed Koekebakker: Impact Assessment of Human Rights and Peace programmes: Manual for Human Rights and Peace Activists. Unpublished document.

Lawrence, Patric: Conversations in a failing state. Hong Kong, AHRC, 2008

LST: Sri Lanka: State of Human Rights 2005 Colombo 2005

Mollica, Richard F.: Healing Invisible Wounds. Paths to Hope and Recovery in a Violent World.  Nashville, Vanderbilt University Press, 2006

Petcharamesree, S.  e.a.: Evaluation Report AHRC/ALRC, submitted to Sida, 2006. Unpublished document

Perera, Chitral and Shyamali Puvimanasinghe, and Inger Agger: Giving Voice to the Voiceless. Using testimony as a brief therapy intervention in Psychosocial Community Work for Survivors of Torture and Organised Violence. Manual for Community workers and Human Rights activists in Sri Lanka, December 2008

Pinto-Jayawardene, Kishali and Lisa Kois: Sri Lanka, The right not to be tortured, A critical Analaysis of the Judicial Response, Colombo, LST, 2008

Pinto-Jayawardene, Kishali: “The rule of law in decline in Sri Lanka: Study on Prevalence, Determinants and Causes of Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment in Sri Lanka. Copenhagen, RCT, 2009.

Puvimanasinghe, Shyamali: Urgent Appeals and Advocacy: Bridging grass roots and international opinion for change. Praxis paper no 1, AHRC, RCT, Copenhagen, 2006

Chris Roche: Impact Assessment for Development Agencies. Learning to Value Change. Oxford, OXFAM, 2000

Silva, Sunil de: Police decision in Action. LST Review, Vol 19, Issue 259, May 2009 p 19-30

Libby Tata Arcel:Torture, cruel, inhuman and degrading treatment of women: Psychological consequences. ALRC web-based article, 11.11.2002

University Teachers for Human Rights (THR): Excerpt from UTHR report no 33 on the third anniversary of the ACF massacre, in LST Review, vol 19, issue 260/261, p 66-80
US State Deptartment Annual Report 2007: ”The State of Human Rights”

UNDP: Ethical Code of Conduct for UNDP Evaluation; UNDP: Evaluation report: Deliverable Description. Note, derived from Standards for evaluation in the UN system

UNDP Evaluation Office: Handbook on Monitoring and Evaluation for Results, New York, 2002

UNDP Evaluation Office: Guidelines for Outcome Evaluations: Monitoring and Evaluation Companion Series 1, New York, 2002. www.undp.org/eo/

UNDP: RBM in UNDP: Technical Note

UNEG, United Nations Evaluation Group: Standards for Evaluation in the UN System, April 2005. http://www.uneval.org/indexAction.cfm?module=Library&action=GetFile&DocumentAttachmentID=1496

UNEG, United Nations Evaluation Group: Norms for Evaluation in the UN System, April 2005. http://www.uneval.org/indexAction.cfm?module=Library&action=GetFile&DocumentAttachmentID=1491

US State Department, Annual Report 2007 “The State of Human Rights”, Sri Lanka, March 2008. 

Webpages:
www.ahrchk.net
www.alrc.net
www.rct.dk

AHRC Project Documents 
AHRC Project documents, Prevention of Police Torture in Sri Lanka project:

1. AHRC project plans
   1. Project Phase 2005-2006 (dd. December 2004)
   2. Project Phase 2006-2008 (dd November 2005)
   3. Action plan 2009
2. Agreements between AHRC and partners (CC, CRL, HVT, Janasansadaya, PAT, R2L, SETIK)
3. Audit reports partners
4. Narrative partner reports (selective partners)
5. AHRC budgets
6. AHRC joint annual Audited Accounts
7. AHRC annual reports to RCT.

RCT project documents

1. RCT contracts with Danida, Prevention of Police Torture in Sri Lanka project
2. RCT budgets – Danida
3. RCT mission reports
4. RCT reports to Danida.