1. Introduction
The Trust Fund for Victims (“TFV”) is provided for by the Rome Statute that established the International Criminal Court (“ICC”). Its mandate is to mobilise resources and implement Court-mandated reparation programmes and other programmes for the benefit of victims of the crimes in situations under the jurisdiction of the ICC.
The Trust Fund for Victims is governed by a Board of Directors, appointed by the Assembly of States Parties, and supported by a Secretariat led by an Executive Director and with staff based at the ICC Headquarters, in The Hague, The Netherlands, and in the countries where the Court has jurisdiction, including Uganda.
The TFV currently has programmes and presence in seven situations (countries) under the jurisdiction of the Court, which also include three programmes of reparations ordered by ICC judges for the benefit of individuals affected (“victims”) by the acts of those convicted of crimes against humanity and war crimes.
The Trust Fund has conducted an assistance programme in northern Uganda since 2008 and through those activities has provided rehabilitation support to more than 73,000 victims of crimes committed in northern Uganda since 1 July 2002.
For further information about the Trust Fund for Victims please visit: http://www.trustfundforvictims.org
2. Description of Potential Ongwen Reparations Programming
Since 2004, the International Criminal Court has conducted investigations into the crimes against humanity and war crimes committed in Northern Uganda, having issued arrest warrants against five individuals.
In relation to the case of the Prosecutor v Dominic Ongwen, on 4 February 2021, Trial Chamber IX of the ICC found Dominic Ongwen guilty of a total of 61 crimes comprising crimes against humanity and war crimes committed in northern Uganda between 1 July 2002 and 31 December 2005. In total, 4,095 victims have participated in the proceedings, but an additional estimated 45,000 more are expected to be eligible to benefit from reparations.
On 28 February 2024, Trial Chamber IX issued its Reparations Order. The Trial Chamber ordered “collective community-based reparations focused on rehabilitation and symbolic and satisfaction measures”, consisting of collective rehabilitation programmes. The Chamber also ordered a symbolic award of €750 EUR for each eligible victim, as well as other symbolic community measures. The Trial Chamber set the financial liability of Mr Ongwen at €52,429,000 EUR, and invited, inter alia, the TFV to submit a draft implementation plan by 3 September 2024.
Beneficiaries
Beneficiaries of the reparations programme will be the identified victims of Mr Ongwen’s crimes. Victim identification and eligibility will be determined by the ICC/Registry. Before inclusion in the programme, beneficiaries will need to undergo an eligibility process managed by the ICC/Registry to determine whether they were affected by the crimes for which Mr Ongwen was convicted. These crimes include crimes against humanity and war crimes committed as part of the attacks on the IDP camps Abok, Lukoli, Odek, and Pajule as well as so called thematic crimes, i.e. the enlistment and conscription of children under the age of 15 years into the armed forces led by Mr Ongwen and sexual violence, including rape, sexual slavery, forced marriage, and forced pregnancy within the armed forces led by Mr Ongwen.
Harm suffered by individuals, as documented by the judicial proceedings include harm suffered by direct and indirect victims of the crimes, including physical, psychological, material, community, and transgenerational harm.
Reparation modalities
To design the programme, the TFV will conduct consultations with victims which will inform the modalities through which the rehabilitation, symbolic, and satisfaction measures should be implemented. The consultations will inform the draft implementation plan of the TFV for the Ongwen Reparations Programme that will be submitted in line with the Trial Chamber’s order to the Trial Chamber by 3 September 2024 for approval.
Upon approval, TFV will be able to devise a Request for Proposals (RFP) setting out the required modalities for reparations and invite those organizations that meet the requirements of this Expression of Interest to submit proposals.
Request
The Trust Fund seeks relevant information from organizations with programming and capacities in Uganda, which may be relevant to the various modalities through which reparations can be fulfilled. The Trust Fund is in particular interested to receive information that allows it to assess the available skills and capacities present in northern Uganda to provide, including to victims of sexual and gender-based violence, children and elderly, medical treatment, psychological and psycho-social services, socio-economic support measures, and other relevant services and initiatives aimed at responding to the harm suffered by victims individually or in group, or at empowering victims individually or in group. The information provided by organisations responding to this Request will enable the Trust Fund to invite organizations to respond to the RFP to be developed after the ICC’s approval of the draft implementation plan.
The TFV invites non-governmental organisations (NGOs), international organisations (IOs), and private businesses who are active in Uganda in any of the following areas: medical services, trauma-based counselling, psycho-social services, livelihood activities, socio-economic programming, improved agricultural activities, micro-credit, small enterprise development, community development, community empowerment, land demarcation, symbolic initiatives (memory and commemorations), community reconciliation, consultation processes, and trauma-informed storytelling, peacebuilding initiatives, psycho-social initiatives (thru music, dance, drama, art, and sport), and cash transfers to respond to this Expression of Interest by submitting the requisite documentation under the minimum requirements noted below.
Reparation implementation will not only focus on the main crime locations but will depend on where the victims who will be found eligible by the ICC/registry are currently located.
3. Minimum Requirements to register for the Expression of Interest
Organisations interested in this Expression of Interest are requested to submit 1) an application and 2) the documents listed under the minimum requirements. Organisations must submit only the requested documents. Incomplete submissions will not be taken into consideration. Organisations who have responded to an earlier EOI must submit their application again and are encouraged to do so.
a) Minimum requirement 1
• Registration certificate or charter in Uganda in compliance with the laws governing non-profit organisations and or private businesses in force in Uganda (to be annexed to the EoI).
b) Minimum requirement 2
Evidence of solid experience in Uganda for a minimum of 2 years in managing projects in one or more of the following areas:
i. Medical and psychological activities, including for adults, children, elderly, and/or victims of sexual- and gender-based violence, such as
a. all manner of medical services, including surgery, physiotherapy, administering medication, and diagnostic and treatment,
b. trauma based counselling (individual, family, and group)
c. transgenerational therapies,
d. psycho-social support such as music, dance, drama, arts, and sport, via story-telling or other techniques
ii. Socio-economic measures for individuals, groups and communities, such as
a. livelihood activities, socio-economic programming, improved agricultural activities,
b. skills training and vocational training
c. micro-credit initiatives (VSLA),
d. small enterprise development,
e. land demarcation, etc.
iii. Memorialisation, monuments, commemoration, community reconciliation, cultural and traditional practices, peacebuilding measures, community dialogue, and any other relevant mechanisms aimed to redress the harm suffered by the community of eligible victims.
iv. Cash transfers, cash and voucher assistance or other money-based interventions.
Please do not submit a bid if experience is limited solely to (iv) cash transfers, cash and voucher assistance or other cash-based interventions.
Please refer to the “Past Performance and References Form” in the following pages. The form should be completed with relevant information about similar projects implemented in the past. The solidity of the experience is shown, if you submit information about a minimum of 2 projects, each at a minimum value of EUR 500,000 or equivalent.
Please complete the Form of Past Experience and choose two projects, each at a minimum value of EUR 500,000, which you use as a basis to fill in the two Past Performance and References Forms.
c) Minimum requirement 3
Evidence of a sound decentralised governance, decision-making structure, and financial administration. Please provide a signed copy of a complete external (third party) financial audit report not more than 2 years old. The entire audit report must be provided; incomplete audit reports, such as extracts or only portions of the report, will not be accepted.
d) Additional information
• Indicate if the organisation has experience operating in northern Uganda
• Indicate if the organisation delivers activities for profit or is a non-profit organization.
4. Procedure
The applicants that are eligible and satisfy the selection criteria will be invited to respond to a Request for Proposals (RFP), if and when launched. The issuance of an RFP is dependent on availability of funding.
The Expression of Interest should include the following information: company’s name, address, telephone/fax, email addresses, and organisation/company contacts. Interested firms/organisations registered with the UN Global Marketplace, please indicate your vendor registration number. Please use the form at the end of this document.
5. No obligation for the ICC- TFV
This Request for Expression of Interest is in no way binding on the TFV/ICC. There is no obligation to publish a Request for Proposals (RFP) for the selection of Implementing Partners at a later stage or to sign a contract.
Request for Expression of Interest (EOI) Ref. No. 132513 is available at: https://www.icc-cpi.int/get-involved/expressions-of-interest
The EOI, which was initially set to close on 9 August 2024, has now been extended until 1 October 2024.
How to apply
Interested firms/organisations should submit their Expression of Interest by e-mail to [email protected] attention” TFV Reparation” with the required documentation and annexes for the ICC/TFV to assess whether they fulfil the minimum requirements to qualify for the EOI.