TERMS OF REFERENCE Consultancy for finalizing the research and drafting of a Child Notice on Albania: a child-specific country analysis
GENERAL BACKGROUND With financial support of the European Return Fund, the UNICEF National Committees in the Netherlands, Belgium and Sweden, work on the development of child-specific country of origin (COI) reports for the next two years. These country reports (Child Notices) describe the situation of children in countries of origin of migrant children. This includes legal and practical information on education, health care, child protection, armed conflict, juvenile justice, trafficking etc.
Reliable and specific country of origin information is of great importance in the field of migration and return. When it concerns vulnerable groups – children and in particular trafficked children – this information is even more important. Information about the local situation of children in countries of origin is needed for all decisions relating to the best interests of the child and for identifying durable solutions. In case of return, objective country of origin information increases the opportunity of safe return and decreases the chances of re-trafficking.
The Child Notice project (official title: “better information for durable solutions and protection”) will generate child-specific country of origin information analysis (Child Notices) on several countries, that should be used in the asylum procedure or other procedures considering the best interests of the child such as those designed to provide protection to trafficked children. The Child Notices will provide for better information on possible durable solutions for these children, such as the safe return of children to countries of origin, and the protection of children. The Child Notice will be developed according to a reporting structure (attached as an ANNEX) that is based on the UN Convention on the Rights of the Child.
The project benefits from an advisory board of international experts in the field of migration, Country of Origin information and children on the move. UNHCR and UNICEF offices in Brussels and Geneva are advisory partners.
Weighing up migration flows of children (with and without families), return figures, EU and national priorities, we have selected Albania to be one of the countries involved in the project.
In 2014 work has been done on the research for and first draft of the Child Notice on Albania. The advisory board of the project as well as national stakeholders have given detailed feedback on the existing draft and formulated essential additional research questions.
PURPOSE of ASSIGNMENT During the consultancy the existing draft Child Notice on Albania will be further developed and finalized, based on received feedback and research questions. Additional in-depth research is necessary to find, at times difficult to get, more detailed and segregated data and to fill gaps of information. Of particular interest for the Child Notice purpose will be the information about how exactly the existing mechanisms of social support (formal and informal) function, what their strengths and weaknesses are – of which relatively little description can be found in the existing published sources. The Child Notice should help the practitioners in the Netherlands, Belgium and Sweden understand how a child is likely to be treated/assisted, in case s/he is returned to Albania, and what the prospects of the child’s social reintegration and protection (if necessary) would be.
In the ANNEX, additional research questions have been highlighted in yellow. An important part of the work is to validate all the information with appropriate local organizations, including the UNICEF Country Office in Albania.
The Child Notice will be published mid 2015 by the National Committees of UNICEF in The Netherlands, Belgium and Sweden, as project partners, under the conditions of the project.
Within the framework of the project “Better information for durable solutions and protection” and in accordance with article II.9 (Award of Contracts) of the Grant Agreement between the European Union and the National Committee UNICEF The Netherlands, the National Committee UNICEF The Netherlands is seeking a consultant to finalize the Child Notice on Albania according to a reporting structure and taking into account the conditions mentioned in the “Guidelines for the development of Child Notices” (attached).
EXPECTED RESULT/DELIVERABLES The key deliverables would be the following:
A Child Notice on Albania of no more than 55-60 pages. The Child Notice is written according to the reporting structure (attached). The reporting language is English. Work should be done in close consultation with UNICEF Albania.
Additional research to the research already done, in line with the Guidelines for the development of Child Notices
The first draft is ready and sent (email) to the project coordinator, cc to UNICEF Albania, in mid-March 2015. The project partner, as well as members of an international advisory group and UNICEF Albania, will comment on the first draft in March 2015.
The final version is ready by April 2015.
Publication is done by the project partners.
Desk study: Review of existing reports, documents, evaluations and other relevant documents on the situation of children in the concerned country
Additional interviews with resource persons and/of international and national organizations if needed
Validation of the collected data by local experts (UNICEF Albania included) in a meeting or through written consultation
Writing of the first draft of the Child Notice according to the reporting structure
Liaison with the project coordinator in National Committee UNICEF The Netherlands and UNICEF Albania (Deputy Representative)
Revising the draft to produce a final version taking into account the feedback received
REPORTING, LOCATION The consultant will work in the country which is the subject of the Child Notice (Albania) and will report to the project coordinator in National Committee UNICEF The Netherlands.
DURATION 10 days of work between February 2015 – April 2014 (not full-time).
First draft ready by mid-March 2015. Final version ready by the beginning of April 2015.
KEY COMPETENCES, TECHNICAL BACKGROUND AND EXPERIENCE REQUIRED
Advanced Master’s Degree in Social Sciences /similar field
Expertise in and knowledge of the broad field of children’s rights (UN Convention on the Rights of the Child), migration, child welfare
Knowledge on the children’s rights situation in Albania
Substantial experience in data collection, research and drafting of reports
Good writing and analytical skills
Proficiency in English and Albanian
HOW TO APPLY Qualified candidates are requested to submit a cover letter and CV to the project coordinator (Majorie Kaandorp, firstname.lastname@example.org) and UNICEF Albania at email@example.com, copied to firstname.lastname@example.org with subject line “CFA-ALBA-2015-003 - Consultant - Child Notice” by Friday, 20 February, 2015 (inclusive).
Please indicate your ability, availability and daily rate to undertake the terms of reference above.
The Child notice is concise and has a length of no more than 55-60 pages.
A Child notice should take into account the quality standards and principles that apply to Country of Origin Information (COI) (Chapter 2 ACCORD Manual Researching Country of Origin Information-2013 edition1):
Reliability and balance
Accuracy and currency
Transparency and traceability
Neutrality and impartiality
Equality of arms regarding access to information
Using publicly available information
Sources (Chapter 4 and 7 ACCORD Manual Researching Country of Origin Information – 2013 edition)
The Child notices uses a variety of (reliable) sources:
International and intergovernmental organisations (IGO)
Non-governmental organisations (NGOs) and other civil society organisations
Conduct a systematic advanced search on Refworld and Ecoi.net for all child notices (keywords= Child* + select the relevant country of origin – sort by date to see the most recent COI products first)
Make a distinction between primary and secondary sources. A primary source is a person or institution providing first-hand testimony or observations on the events or issue in question. A secondary source is a person or institution referring to primary or other secondary sources.
Always cross-check information by using different sources (preferably 3 different sources). Be sure to mention contradictions.
If no information is found, do mention that this does not mean that the event/situation does not exist.
To be able to judge whether a source can be considered reliable, do a source assessment by answering these questions:
Who provides the information?
What information is provided?
Why is the source providing this information?
How is the information generated?
When was the information gathered and when was it provided?
Use the referencing method in Annex A. Use footnotes. Collect the following details of all the sources used:
Name of the source (author and/or institution)
Title of the publication
Date of the publication (additionally, if applicable, period covered)
Page(s) or paragraph(s) or section heading of the specific piece of information
Internet link (URL) with date of access
In case of oral sources (interviews) full referencing is necessary (name, title, organization, date of telephone conversation/email/..). In case of source protection, describe the source briefly. Make clear why the source was chosen.
In general, when a source is mentioned for the first time, it is preferable to give some information on the source, especially when local sources are used.
Distinguishing between sources consulted and used AND sources consulted but not used.
Be careful in using quotations. Please use the guidelines as described in Annex B.
Be cautious in using social media since information changes quickly and might be subjective or incomplete. Be sure not to confuse the actual source and the social media platform on which it was retrieved. (Chapter 6, ACCORD Manual)
Cross-reference if necessary
Add an alphabetically organized bibliography or list of references at the end of the report. Make a difference between sources which were actually used in the report and the main sources which were only consulted.
Possible sources for Albania to be consulted:
FFM report published in 2014 (France): http://www.ofpra.gouv.fr/documents/RAPPORT_ALBANIE_04.12.2014.pdf - See Chapter III (La situation des mineurs ; Les violences faites aux mineurs ;La protection des mineurs) ;
Canada, Immigration & Refugee Board (various responses to COI queries with information on children) :
UK Home Office – sexual orientation & gender identity, references to children: http://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=search&docid=543bc2394&skip=0&query=child*&coi=ALB&searchin=title&sort=date
UPR (2014 – Report makes only reference to 2013): http://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=search&docid=53eb163a4&skip=0&query=child*&coi=ALB&searchin=title&sort=date
Information is as detailed as possible, disaggregated to region, age, sex, ethnic, religious and risk groups.
List of content of the Child Notice
How to read this report
Demographic information/statistical data on children
Basic legal information
Best interests of the child
Right to life and development
Civil rights and freedom
Family environment and alternative care
Special protection measures
Children in conflict with the law
Orphans, unaccompanied and separated children
Victims of child trafficking
Children in armed conflict
Forced and underage/child marriage
Child labour and other forms of exploitation
Basic rights (health/water/food/education)
Conditions for Return (included in all appropriate sections)
List of organisations/contact persons
Introduction (general for all Child notices)
Purposes of the Child notice:
To be used in decision-making in the best interests of children on the move
To be used in gaining information and knowledge about the country of origin that may inform decision-making affecting children on the move:
Identifying potential (child and gender-specific) forms and manifestations of persecution
Identifying other factors relevant to decisions as to whether remaining in the host country or return is in the best interests of the child, including local responses to returnees
Description of stakeholders (in host country)/possible audiences
Immigration and asylum authorities (decision-makers, COI-researchers)
Legal advisors (lawyers and other legal aid providers including relevant NGOs)
Describing different groups of children on the move to and within the EU Member States (all persons under the age of 18)
Explanation of structure of the Child notice including an introduction to the UNCRC and other relevant international conventions/guidelines.
An overview of the most important findings of the report on circumstances in which children live, trends, actual events, the difficulties children face in the country, the political context and political responsibility towards children. Research questions
total number of children disaggregated by age, gender and region
percentages in relation to the total population
existence of ethnic, religious, linguistic minorities or indigenous groups and number of children belonging to these groups
Basic legal information
Which conventions (and protocols) on children’s rights and human rights have been signed, adopted and ratified, including Private Law (i.e. Haque Conventions) ? Have any key reservation(s) been made?
Is a Children’s Code or national strategy/plan on children and youth in place?
Is specific budget allocated to implement the national strategy or plan?
Is there a coordinating governmental body on children’s issues and children’s rights? Which?
Is there an independent national human rights institution such as an ombudsman, including specifically for children?
Are there relevant non-governmental organizations/civil society such as child rights coalitions?
Is there legislation and policy protecting children in the legal system (justice for children)?What?
Is there a widespread birth registration process in place in the country?
What is the legal age of majority?
At what age is a child considered legally competent and in which field of law?
Can a child receive an independent travel and /or identity document? If so, from what age?
Can a child request these documents independently or is consent and / or supervision by an adult necessary?
What is the age to vote?
What is the age for deprivation of liberty (including juvenile justice, immigration, education and welfare institutions)?
3. General principles
Are rights recognized in law for all children without discrimination?
Are there any differences between girls and boys in law and policies?
Are there reports/evidence about state authorities or others discriminating against certain groups of children? If so, what is the situation they face?
To what extent are children of certain ethnical, religious, linguistic or indigenous minorities are able to develop themselves (concerning culture, religion and language)? If not, what are the obstacles they face?
Are children of ethnic, religious, linguistic or indigenous minorities able to receive (partly) education in their own language? If not, what obstacles do they face?
Do children of ethnic, religious, linguistic or indigenous minorities have equal access to the health system? If not, how come? If not, what obstacles do they face?
Can children of ethnic, religious, linguistic or indigenous minorities be heard in any proceedings affecting them? If not, what obstacles do they face?
Are the rights of persons of diverse sexual orientation and identity guaranteed by law or specifically mentioned in the law? Is homosexuality punishable by law?
Is homosexuality socially accepted? Are there reports/evidence on state authorities or others discriminating against homosexuals? If so, what is the situation they face?
3.2. Best interests of the child
Is the principle of the best interests of the child reflected in the Constitution or other relevant legislation? How?
Are the best interests of the child central in the decision-making with regards to the child and how, and is the child in anyway involved in the decision-making process? How does this apply in practice?
3.3. Right to life and development
Is the right to life, survival and development of the child embedded in national legislation?
What are the birth and death rates for children?
Are deaths of children (including homicides) investigated and reported?
Is the rate of teenage pregnancies recorded and reported? Numbers.
Is the rate of teenage suicide recorded and reported? Numbers.
Do children face specific severe risks due to the fact they are children and do they have to fear for their lives?
Are there reports on harmful traditional practices affecting children based on tradition, culture, religion and superstition and are they affecting girls and boys differently (e.g. FGM, forced/underage child marriages, witchcraft accusations, ritual/honour killings,..)?
Are there reports available on the level and prevalence of gang violence and its impact on children and adolescents?
Are the homicide rates concerning children analyzed by age and by groups?
What cultural, social, or traditional norms and practices or policies affecting children prevail in the country?
Civil rights and freedom
Is freedom of expression, freedom of thought, conscience and religion and freedom of association and peaceful assembly available for all children without discrimination? If not, explain.
Are children able to express themselves freely (without any risks) in practice?
Do children have access to adequate information, through books, television, internet?
Do children have access to appropriate (legal) advice?
Do children have access to independent complaints procedures?
Are children protected by law against interference with their privacy?
Are children protected by law against torture, or other cruel, inhuman or degrading treatment or punishment? Are there known cases of children (how many, in which region, what age, sex) that have been subjected to torture or other cruel, inhuman or degrading treatment or punishment?
Is there evidence of harassment, intimidation, detention or threats against children because of their affiliation with parents/relatives that hold a certain political opinion, or because of their membership in a particular (social) group?
Family environment and alternative care
Give information on the status/place of the child in the family/society/culture by providing answers to the following questions:
Who is the head of the family (family structure)?
On average, how many children are in a household?
In general, do children have specific household responsibilities and is this different for boys and girls?
Do children have their own space in the home?
Are traditions such as polygamy, levirate and/or sororat common? If so, does this occur in all regions in the country or more common for certain regions, if so: which regions?
Give information on the child protection system by answering the following questions and lease distinguish between different risk groups:
Is there legislation and policy protecting disadvantaged and vulnerable groups of children?
Is legislation in place protecting children from physical and mental violence and abuse (in the family, in alternative care and institutions)? How is this legislation implemented in practice?
Are there children’s hotlines or other services so that they can report any abuses?
Is the hotline operated by an independent entity or a service provided by the State?
Is legislation in place regulating adoption and fostering?
Is legislation in place prohibiting and criminalizing the abduction and the sale of children?
Is legislation in line with international standards?
Is it enforced in practice?
Is there a legal definition of parental responsibilities, duties and rights? How is this defined?
Are there specific groups of children in need of child protection?
Do children born outside marriage have the same rights as other children?
Which state authority (ministry) is responsible for the overarching child protection system/services (policy, budget)?
Is the child protection system organized centrally (national) or is it decentralized (regional or at community level)?
Are child protection/social services available, by whom (state/non-state) and what assistance do they provide?
Are child protection/social services available and accessible in all regions of the country? Are there any regional and rural/urban differences? How many social workers are there?
Do all groups of children and their families have equal access to social services/child protection services?
How are social services financed?
Does a national policy exist on the provision of alternative care for children, in line with international standards? Is the policy implemented?
Are family homes, shelters or other forms of alternative care available in all regions of the country and accessible for all children in need? Please specify which form of alternative care. Is a periodic review done and by whom?
Is staff working in the family homes/shelters/other forms of alternative care qualified (received appropriate education/training)?
How family homes, shelters and other forms of alternative care are financed (private, public)? Are finances an obstacle for access to the shelters?
Are children placed in institutions only when necessary and suitable, following appropriate procedures?
Is there an explicit prohibition of corporal punishment as a disciplinary measure in alternative care institutions?
Is a support system in place for families in need?
Is a foster care system in practice in place in all regions of the country and is a periodic review done of the system and the families/communities involved?
Is the child protection system in practice adequate in terms of quality, capacity and monitoring, in accordance with the international norms and standards on child protection and alternative care for children?
Special protection measures
6.0. Children of minorities and indigenous people (cfr. Art. 30 UNCRC)
(see 3.1) 6.1. Children in conflict with the law
What is the age of criminal responsibility?
Is capital punishment and life imprisonment prohibited below the age of 18? If not, have capital punishment and life imprisonment been implemented for children or can children be sentenced to death but the sentence is only implemented after the child turns 18?
Is a specialized juvenile justice system in place?
Do all children, in conflict with the law, have equal access to legal advice?
Is legal advice and the provision of legal representation accorded to all children accused of a crime? To children witnesses and victims?
Do all children have equal access to the juvenile justice system?
How many children are in detention? For what reason? Are these children separated from incarcerated adults? Are children of different genders accommodated/detained separately?
Are any alternatives to detention (e.g. community services for older children) considered for petty crimes for example?
Are specific groups of children overrepresented in the juvenile justice system? If so, which?
Are rehabilitation or aftercare services available for children after their sentence?
Are children who have served their sentence subject to discrimination? In what way?
Who takes care of orphans or children separated from their parents and family (who are in their own country) and where?
Are there figures available of the number of orphans, unaccompanied and separated children, and of the number of these children in alternative care services?
Is family tracing available and through what means? Is family tracing available for unaccompanied children who have left the country and wish to return?
Is family reunification possible and how is the prospect of family reunification assessed and by whom, in terms of whether it is in the best interests of the child? How is this for unaccompanied children who have left the country and wish to return?
Are counseling or mediation services available to assist children in re-establishing contact with their family? By whom? How is this for unaccompanied children who have left the country and wish to return?
6.3. Victims of child trafficking
Did the country ratify the optional protocol on the sale of children, child prostitution and child pornography?
Did the country ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children?
Is human trafficking illegal by national law and are perpetrators prosecuted? Are witnesses in criminal proceedings by national law protected against offenders?
Are children protected by national law and policy against sale, trafficking and exploitation? ow is this done in practice?HoHow is this done in practice? How is the law enforced?
Are there procedures to identify and/or protect child victims of trafficking?
Does child trafficking take place? How many children are victims of human trafficking (disaggregated by sex) and under what circumstances? Are identified victims of child trafficking registered?
Which types of exploitation do victims of child trafficking face and how/where/under what circumstances were these children recruited by traffickers?
- Do the authorities intervene against child trafficking (prevention)?
Are there reports on possible complicity of parents, other family members or caregivers in arranging or consenting to the trafficking?
Are there reports of child victims of trafficking being placed in debt bondage?
Is care and assistance available for victims of child trafficking in practice? What kind of care and assistance is available?
Who is the authority/unit/department in charge of protecting child victims of trafficking?
What are the patterns relating to the exploitation and trafficking of children in the country of origin?
6.4 Children in armed conflict
- Did the country ratify the optional protocol on the involvement of children in armed conflict and is it applied in practice?
What is the legal age of (forced and voluntary) recruitment in the armed forces and is it enforced?
Are children involved in armed conflicts (regional/national)? Does under-age recruitment for fighting take place? Does recruitment of children for sexual services or forced marriage with the military take place? Do other forms of direct or indirect participation in hostilities take place?
- In what way are children recruited and by which group(s)?
Who are the recruiters? Are they state or non-state actors?
- Does the state have a policy in place to prevent and counter underage recruitment?
- To what extent do children associated with armed forces and armed groups have the opportunity to end their activities as a child soldier?
- Is there all appropriate assistance, guidance and counseling available for ex-child soldiers, for their physical and psychological recovery and social reintegration?
- Are (former) child soldiers prosecuted? If so, are the circumstances, level of development and the age of the child taken into consideration?
Within the framework of the UN Security Council resolutions on children and armed conflict has an action plan be signed by the government or non-state entity to end recruitment and use of children?
Is national legislation and policy in place prohibiting the use of FGM?
Does the state take measures to prevent FGM? Are other organizations (such as NGOs) involved in combatting FGM?
Are persons involved in the practice of FGM legally prosecuted?
Is FGM a (widespread) phenomenon in the country of origin?
Is data available on the number of girls who have been subjected to FGM? If possible, disaggregated by age and region?
In what regions is FGM practiced and in which cultural/ethnic/religious groups is it reported to have occurred?
Which type of FGM is applied?
At what age does FGM take place?
Does FGM re-occur after women have given birth or for other reasons?
Can girls refuse FGM?
Can parents refuse FGM for their daughters? If so, are there any possible consequences for the daughters and parents?
Are there reports of girls/women who face discrimination and loss of social status because they have not been circumcised?
If so, how does this manifest in their daily life?
Can parents who oppose FGM effectively protect their daughters when returned?
6.6 Forced and underage/child marriage
Is their legislation and policy protecting children from forced and underage/child marriage?
What is the legal age of marriage and is this standard adhered to in practice? Is it different for girls and boys?
What is the age of sexual consent?
Does the state take preventive measures against forced and underage/child marriage? What kind?
Are there reports of children (girls, boys) being forced to marry? Is this a regional (which regions, or among which ethnic or religious groups) or a national phenomenon?
Is data available on the number of children (girls and boys) being forced to marry or being married before the age of 18?
6.7 Domestic violence
Is there legislation and policy protecting children from child abuse?
Does domestic violence against children (e.g. battery, sexual or other physical abuse in the household, incest, violence/crimes committed against children in the name of honour, psychological abuse, etc) take place?
Are there national provisions referring to domestic violence? Are they enforced?
6.8 Child labour and other forms of exploitation
Is there legislation and policy protecting children from child labour?
Does child labour and slavery take place?
Does debt bondage and other forms of forced labour take place?
What is the legal working age and are the standards enforced?
Is child prostitution prohibited by law? What happens to children who are of have been involved in prostitution?
Are there reports on the use of children in prostitution or pornography, or on the use of children in illicit activities such as drug trading?
Is a child’s full development and education inhibited by the kind of labour performed? Is the labour likely to harm the health, safety or morals of a child?
Are there reports of street children being harassed, ill-treated and/or arrested by police or other state agents (or others) and on the treatment they receive upon and after arrest?
Are street children in danger of forced recruitment in armed forces (regular or non-state)?
Are there any shelters for them? Are there any organizations involved in the protection of street children?
7. Basic rights (health/water/food/education)
Food, water, housing
Are there any reports on the denial of food, water and housing to (certain groups of) children?
What is the most recent under-5-mortality rate? What is the rate in the neighboring countries?
What is the number of hospitals/health centers in the country and what is the geographical distribution?
Is information available on the number of active health workers and geographical distribution?
Are there reports on the accessibility and quality of basic and specialist health care for children?
Do disabled children receive special attention, assistance and care, in order to let them lead a life as self-reliant as possible and where they can participate actively in the community?
What is the legal age to start with school? Up to what age does compulsory education apply?
Is primary education free for all children?
Is data available on the state budget for education?
What are the enrollment rates, disaggregated by gender, age and regions? What is the completion rate?
Are educational facilities available and accessible, in all parts of the country?
Do all children, e.g. girls and boys, rural/urban, children from minorities, children with disabilities, immigrant and refugees, unaccompanied and separated children, IDP children and children in detention, … have equal access to education under law and in practice? Are special education programs for weaker students available?
Are all teachers qualified by training?
What is the teacher/student ratio?
How many schools are in the country and what is the geographical distribution?
Is there a form of informal education, outside the formal education systems?
Conditions for Return
Are children and their families allowed to settle where they would like upon return?
Have children been victims of security incidents upon return? Give examples if possible.
Are returnees ever detained for illegal emigration? Give examples if possible.
Are returned children and their families discriminated? By whom and how?
Does the state or non-state actors provide for special reintegration programmes for children and their families upon return after a long stay outside the country? What do these programmes provide and for how long? Are these programmes accessible in practice?
Is there any monitoring mechanism in relation to return?
Are there reports on returned children who have no access to school or drop-out of school because of problems with language, absence of appropriate documentation, etc?
Do certain returned children have access to health care, including mental health care and rehabilitation?
Are there mechanisms in place to ensure that children returning have all necessary documentation (identity, citizenship, education and medical records)?
Statistics Bibliography List of organizations /contact persons (as an appendix at the end of the report)
Annex A Referencing Collect the following details of all the sources used:
Name of the source (author and/or institution)
Title of the publication
Date of the publication (additionally, if applicable, period covered)
Page(s) or paragraph(s) or section heading of the specific piece of information
Internet link (URL) with date of access
Referencing to books
When a book is referred to, the author/s’ name/s must be given as follows in both the footnotes and the bibliography: Smith JD, not John D Smith or Smith John D.
In a reference the co-authors of any work (book, article, chapter, whatever) take an ampersand: Smith & Dlamini. Cite up to three authors: Smith, Dlamini & Pillay. Thereafter use ‘et al’. When referring to authors in an ordinary sentence the ampersand is not used: ‘Smith and Dlamini believe that . . .’.
If the named person is the editor, then the abbreviation (ed) or (eds) must appear after the name.
Book titles take the title case and appear in italics.
If the book is in an edition after the first, the number of the edition must appear after the title: 2 ed, 3 ed, 4 ed – but not 2nd or 3rd ed. If it is the first edition of the book, then no edition need be referred to; it will be assumed that it is the first edition.
The year of publication must appear in brackets after the title (first editions) or edition.
The precise page number where the authority was found comes next, if necessary. If the book operates by paragraphs or sections (to be connoted by ‘para’), then this will be a sufficient reference. If it is necessary to refer to both paragraph/section and page, then do so as follows: para 27 160. This latter method should be used only where absolutely necessary. Where the reference is generally to a chapter in the book, this should be indicated by the abbreviation ‘ch’ (unless the word chapter starts the sentence, in which case it must be in full).
Smith JD & Dlamini S Hand’s Law of Arbitration 5 ed (2006) 115.
Boberg PQR The Law of Delict: Aquilian Liability (1984) ch 3.
The name of the author(s) must appear as indicated for the author/s of a book.
The title of the article must appear in sentence case, in roman, and within single inverted commas.
The year (in brackets) the volume (where relevant) and the title of the journal must be supplied. The title of the journal must be in italics.
Dube J ‘The new Consumer Protection Act: An introduction’ (2002) 119 SALJ 700 725.
Moyo SP ‘The decline and fall of constitutionalism’ (1998) 23 SAJHR 456.
Where the periodical carries no volume number, the year is not placed in brackets, e.g. 2006 Acta Juridica 43; 2003 TSAR 89; 2004 Annual Survey of South African Law 776.
Reports and policies of governmental bodies
Use the governmental body as the ‘author’ and list title and year as if it were a book. In the bibliography, add publisher and place (as if it were a book).
Ministry for Provincial Affairs and Constitutional Development White Paper on Local Government (1998) 25.
International Organisation for Migration World Migration Report 2010 - The Future of Migration: Building Capacities for Change (2010) 22-29.
In bibliography: Ministry for Provincial Affairs and Constitutional Development White Paper on Local Government (1998) Department of Constitutional Development: Pretoria.
International Organisation for Migration World Migration Report 2010 - The Future of Migration: Building Capacities for Change (2010) International Organisation for Migration: Geneva.
Jones A ‘Nuclear reactor in trouble’ The Star 24 May 2005 2.
The new long citation (used when referring to the Constitution for the first time) is simply Constitution of the Republic of South Africa, 1996. The interim Constitution remains the Constitution of the Republic of South Africa, Act 200 of 1993.
In the first reference give the short title, number and year of a statute without any punctuation: the Judicial Service Commission Act 9 of 1994. Thereafter variants may be used: the Judicial Service Commission Act, the Act, Act 9 of 1994.
Use abbreviations for sections, subsections, paragraphs and subparagraphs, but never at the start of a sentence: chapter = chap, section = s, sections = ss, subsection = subsec, paragraph = para, subparagraph = subpara, article = art. (Plurals: subsecs, paras, subparas, arts.)
Use italics as shown to avoid confusion: s 45(2)(b)(i)(aa).
Where an internet reference is to be used, it must appear as follows:
Bringardner J ‘IP’s brave new world’ available at http://www.law.com (accessed 12 May 2008). Stick BIG ‘Time to bring back the death penalty?’ The Star 24 May 2005 2 available at http://www.thestar.com/arts/wed (accessed 23 February 2009).
NB: the URL must appear in italics and must be underlined.
Create categories for the various kinds of materials. List contents for category in (author) alphabetical order. Add place of publication and name of publisher for books and similar works.
Create as many categories as are required (in alphabetical order), and do not use all-inclusive categories. Common categories include: Books; chapters in books; articles; legislation (with different countries in alphabetical order); treaties and conventions; internet sources; newspaper articles.
Robinson OF, Fergus TD and Gordan WM An Introduction to European Legal History (1985) Abingdon: Professional Books Limited.
Do not use: ibid, item, op cit, loc cit and supra; repeat full reference or use acceptable abbreviation for the title of the work.
Steiner HJ & Alston P International Human Rights in Context. Law, Politics, Morals. Text and Materials 2ed (2000) 29 (hereafter International Human Rights).
Steiner HJ & Alston P International Human Rights 55.
Annex B Quotations
Quotations are reproduced exactly, including all original italics and original punctuation.
Quotations appear in single quotation marks. Quotations within quotations appear in double quotation marks.
Short quotations appear as part of the text. Long quotations, i.e. quotations of more than three lines or more than one sentence, are isolated from the text by being indented from the margin. It is permissible to isolate a shorter quotation for emphasis.
Whenever a quotation is introduced with a colon, the quotation itself should begin with a capital letter (using square brackets to indicate an alteration where necessary). If no colon is used, the quotation should start with lower case. Where the quotation begins with a capital letter, the closing full stop should normally appear inside the closing quotation mark. But if the quotation forms part of the larger sentence, the full stop should appear after the closing quotation mark.
Ellipses need not be used at the start of a quotation but must be used in the middle and at the end of a quotation to indicate missing words. Use three dots for any missing word/s and a fourth dot to show any missing full stop. (The placement of the dots indicates where the full stop appeared, so it will be … . or . ...).
Square brackets are used for all changes and interpolations.
Project details UNICEF Project Better information for durable solutions and protection; Child Notices2013-2015
Funded by the European Return Fund (European Commission)
1 The manual is developed by the Austrian red cross/ACCORD and can be downloaded here: http://www.ecoi.net/blog/2013/10/new-accord-training-manual-on-researching-country-of-origin-information-published/?lang=en