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COVID 19 and the RULE OF LAW

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By Alexandre Zouev

The unprecedented threat from COVID-19 has caused unimaginable suffering around the world. This year also triggered a much-needed discussion on the role of law enforcement in societies. While the pandemic is first and foremost a public health crisis, there are related challenges that are consequential for containing it and for promoting a rapid and sustainable recovery. The struggle to uphold the rule of law and the role of law enforcement in societies are among them.

Where governments have responded to the pandemic with an expanded role and the forceful presence of police and other security actors, challenges have emerged, including perceptions of bias, disproportionate use of force, and other human rights issues. There is also a risk that some states may be utilizing emergency powers to consolidate executive authority at the expense of the rule of law, suppressing dissent, and undermining democratic institutions, especially where courts and other oversight bodies struggle to perform due to COVID-related restrictions.

Some countries have seen a sharp increase in arrests. This runs counter to the need to decongest prisons, which have suffered disproportionally high infection rates, both among inmates and staff, spreading to surrounding communities and potentially triggering violence.

The distribution of emergency aid, medical supplies, and economic stimuli to counter the effects of the pandemic, while necessary, also provide ample opportunity for corruption and fraud. Without effective institutions that ensure transparency, accountability, and oversight, much of it will not reach intended beneficiaries, deepening the social, medical, and economic crisis and compromising and delaying recovery.

The pandemic also provides opportunities for armed groups, including terrorist organizations, to discredit state institutions, exploit gaps in public services and capitalize on public outrage, for example, over the closure of places of worship. As some security personnel face reduced operational capacity because of their unavoidable exposure to the virus and competing new responsibilities, some armed groups are consolidating and extending control over territory.

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These challenges can severely undermine the legitimacy of governments, which is critical for effective mitigation and containment strategies during public health crises, as observed in some countries when they battled the 2018–19 Ebola outbreak. It is therefore in the interest of governments to ensure that emergency restrictions on rights are necessary, proportionate, legal, and time bound.

The United Nations has reacted quickly to provide immediate assistance to national rule of law and security institutions in a number of countries, including the Democratic Republic of the Congo. Peacekeepers have been active in distributing emergency medical supplies in Darfur and Mali, including to former combatants, helping to build confidence among warring factions. Together with partners, we have also developed practical tools to mitigate the spread of COVID-19 in prisons, guidance to decongest prisons, and a manual for holding virtual court hearings. These efforts should be sustained and built upon while COVID-19 is still spreading.

When the pandemic wanes, governments should undertake after-action reviews, including of performance under emergency powers, to inform future practices and reform where appropriate. The UN’s support, based on decades of best practices, can be useful in this regard, particularly in police sectors.

In the longer-term, the pandemic—as any crisis—may also offer opportunities to make needed changes to legal systems and law enforcement practices.

In the criminal justice sector, for example, we should analyze the impact of practices developed in response to the pandemic on state budgets, communities and rehabilitation prospects with a view towards their institutionalization. This should include the potential release of non-violent prisoners, adjusting arrest and prosecution strategies and non-custodial sentencing. It should also include e-filing and virtual judicial hearings as possible. While presenting challenges to some fair trial rights, these practices can make justice systems more accessible and efficient. As the digital divide narrows, they can enhance access to justice in remote areas, increase legal representation and the participation of witnesses, clear backlogs and reduce pre-trial detention.

As world leaders discuss joint action to contain and overcome the pandemic, it is essential that the need to avoid enduring harm to rule of law principles and fundamental freedoms be taken into consideration. This will help to avoid aggravating social tensions, grievances, and underlying causes of conflict. Preventing conflict is perhaps an imperative now more than ever, as prospects for large-scale investment in conflict management and post-conflict recovery fall victim to scarce resources.

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In Other News

REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES – INDIVIDUAL SELECTION)

 

OECS MSME Guarantee Facility Project

Loan No.: IDA-62670, IDA-62660, IDA-62640, IBRD-88830, IDA-62650

Assignment Title: Senior Operating Officer (SOO)

Reference No. KN-ECPCGC-207852-CS-INDV

 

The Governments of Antigua and Barbuda, Commonwealth of Dominica, Grenada, St. Lucia and St. Vincent and the Grenadines have received financing in the amount of US$10 million equivalent from the World Bank towards the cost of establishing a partial credit guarantee scheme, and they intend to apply part of the proceeds to payments for goods, and consulting services to be procured under this project. 

The consultant will serve as the “Senior Operating Officer (SOO)” for the ECPCGC and should possess extensive knowledge of MSME lending with some direct experience lending to Micro, small and medium-sized businesses, knowledge of the internal control processes necessary for a lending operation and the ability to design and implement risk mitigation procedures. The ideal candidate should possess an Undergraduate Degree from a reputable college or university, preferably in Business, Accounting, Banking or related field, with a minimum of 5 years’ experience in lending, inclusive of MSME lending. The initial employment period will be for two years on a contractual basis. Renewal of the contract will be subject to a performance evaluation at the end of the contractual period. The assignment is expected to begin on September 30th, 2021.  The consultant will report directly to the Chief Executive Officer of the ECPCGC.

The detailed Terms of Reference (TOR) for the assignment can be viewed by following the attached link below. 

 

https://bit.ly/3iVannm

 

The Eastern Caribbean Partial Credit Guarantee Corporation (ECPCGC) now invites eligible “Consultants” to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have:

  • An Undergraduate Degree from a reputable college or university, preferably in Business, Finance, Banking or related field; and
  • Minimum of 5 years’ experience in MSME lending. Applicants should also have:
  • The ability to design and implement risk management procedures 
  • Extensive knowledge of MSME lending with some direct experience lending to small and medium-sized businesses
  • Extensive knowledge of MSME banking operations
  • Knowledge of the internal controls necessary for a lending operation and the ability to design and implement risk management procedures
  • Experience developing and presenting information in public, including responding to questions in real-time
  • Experience lending to MSMEs located in the ECCU
  • Knowledge of marketing and communicating with the MSME sector
  • Ability to draft procedures to be used in a lending operation
  • Familiarity with the mechanics of a loan guarantee program
  • Exceptional written, oral, interpersonal, and presentation skills, and
  • Proficiency in the use of Microsoft Office suite.

The attention of interested Individual Consultants is drawn to Section III, Paragraphs 3.14, 3.16, and 3.17 of the World Bank’s Procurement Regulations for IPF Borrowers July 2016, [revised November 2017] (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest. A Consultant will be selected in accordance with the Approved Selection Method for Individual Consultants set out in the clause 7.34 of the World Bank Procurement Regulations for IPF Borrowers. 

 

Further information can be obtained at the address below during office hours 0800 to 1700 hours:

Eastern Caribbean Partial Credit Guarantee Corporation

Brid Rock, Basseterre,

St. Kitts.

Expressions of interest must be delivered in a written form by e-mail by August 11th, 2021, to [email protected]. 

 

For further information, please contact:

Carmen Gomez-Trigg                                                            Bernard Thomas

Chief Executive Officer                                                          Chief Financial Officer

Tel: 868-620-8144                                                                  Tel: 869-765-2385

Email: [email protected]                                          [email protected]