Individual Consultant to Conduct a Detailed Assessment on Disability Inclusion in Access to Justice in Response to Sexual Gender-based Violence, Harmful Traditional Practices and Sexual and Reproductive Health and Rights

Background

Access to justice is a fundamental right, as well as a prerequisite for the protection of all other human rights. In addition to being a fundamental right in itself, access to justice is also essential in terms of development and poverty reduction, as well as in the protection and enjoyment of all other rights Access to justice is a broad concept, encompassing people’s effective access to the formal and informal systems, procedures, information, and locations used in the administration of justice. People who feel wronged or mistreated in some way usually turn to justice systems– including in relation to civil, administrative, and criminal law for redress. Beyond seeking legal protections or remedies, there are numerous ways in which individuals can participate in the justice system, including as witnesses, jurors, lawyers, prosecutors, judges, arbitrators or by taking on other roles such as police or prison staff,

Persons with Disabilities especially Women with Disabilities) face legal problems within their families and or communities they reside in and sometimes they require court interference or legal protection.  Women and girls with disabilities are susceptible to sexual violence perpetrated by both relatives and non- relatives. In most cases such cases go unreported. Women and girls with disabilities face multiple challenges beyond the complexities caused by their form of impairment. They usually find themselves on extreme margins of society, with limited access to services, social support, or legal protection. They are at high risk of abuse due to stigma and discrimination, as well as lack of support structures and information on how they can protect themselves. They often face gender-based violence mostly of sexual nature and cultural harmful practices. Because of this, persons with disabilities in general and women in particular need to access justice so that they can enjoy rights that are provided for in the Zimbabwean Constitution which rights are meant for everyone. Building on the great strides’ member states have made, much more remains to be done to create an environment where WHRDs can live free from gender-based violence and participate freely in decision making positions in all development spheres and influence the development trajectory of their countries,

Section 34 of the Zimbabwean Constitution enjoins the state to incorporate all international conventions, treaties, and agreements to which it is a party into domestic law and as such conventions such as the Convention on the Rights of Persons with Disabilities (CRPD) should be domesticated since Zimbabwe ratified this instrument in September 2013. Article 13 of this Convention points to access to justice for persons with disabilities. Article 13 of the African Protocol on Persons with Disabilitie also provides for right to access to justice for persons with disabilities and it directs that all law enforcement agencies and justice personnel should be trained to deal with persons with disabilities so that they are accommodated,

The access to justice provision of the CRPD points to impediments that persons with disabilities face when attempting to access justice as such legal representation and protection. Resources are the major impediment. There is also an exacerbation of these disadvantages because of disability stereotyping, discrimination and stigma. Persons with disabilities must rely on increasingly scarce free or low-cost legal services and therefore have less choices in who represents them, and generally have less understanding and access to the legal system.

UNDP and the Women and Law in Southern African Research and Education Trust (WLSA) conducted grounded analysis of the Formal and Informal justice system in the context of sexual and gender-based violence (SGBV), harmful practices (HPs) and Sexual and Reproductive Health Rights (SRHRs) in Zimbabwe conducted between 2019 and 2020. The two studies were to assess the efficacy of the formal justice system in addressing gender-based violence. The study focused on three purposively sampled districts namely Mutasa, Umzingwane and Hurungwe. The studies generated knowledge under SDG 3 and SDG 5. The studies identified amongst other things that persons with disabilities face barriers and impediments which are often complex, involving combined forms of inaccessibility, as well as other forms of discrimination as they try to access justice in cases of GBV.

Purpose of  the Assignment

UNDP under the ambit of the Spotlight Initiative (SI) seeks to engage a consultant, to conduct a detailed assessment on disability inclusion in access to justice (formal and traditional) in response to sexual gender-based violence, harmful traditional practices and sexual and reproductive health and rights.

Key Objectives of the Assignment

• Through a participatory methodology the consultant should consult Persons with Disabilities and OPDs on their understanding and experience in accessing justice, where are the gaps from their viewpoints and how best can the justice system be more inclusive and accessible,
• Ascertain how the justice system can be effective and inclusive in response to sexual gender-based violence, harmful traditional practices and sexual and reproductive health and rights,
• Identify the barriers in the normative and institutional frameworks inhibiting an inclusive and accessible justice system,
• Identify the duties and obligations of stakeholders in the Justice and Law Order Sector in facilitating and implementing disability inclusion in access to justice in response to sexual gender-based violence, harmful traditional practices and sexual and reproductive health and rights,
• Map out the issues and identify the priorities for persons with disabilities especially Women and girls with disabilities on disability inclusion in access to justice in response to sexual gender-based violence, harmful traditional practices and sexual and reproductive health and rights,
•  Proffer recommendations strengthen disability inclusion in access to justice in response to sexual gender-based violence, harmful traditional practices and sexual and reproductive health and rights,
•  Provide case studies on the subject based on communities’ lived realities of persons with disabilities,
• Develop a ready to publish detailed paper and summarized of the study findings,
• Make presentation of findings and recommendations to multi-stakeholders in the JLOS sector. 

Research Methodolody

Recognizing several researches which have been done before, the research will be premised mostly on secondary data and literature review, complemented by key informants, group discussions and consultative forums.  Guided by WLSA, the consultant will engage into a human rights and gender sensitive participatory methodology, bearing in mind the SDG principle to leave no one behind and ensure widespread consultations, both virtual and physical to get inputs for the issues.

Corporate Competencies:

• Demonstrates integrity by modelling the UN’s values and ethical standards,
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability,
• Treats all people fairly without favoritism.

Functional Competencies:

Judgement/Decision-making

• Strong technical skills and analytical capacities, sound judgment;
• Strong technical problem-solving skills;
• Ability to understand and establish priorities and work by objectives.

Teamwork

• Ability to work in a team and establish effective working relationships with people from different nationalities and cultural backgrounds;

Ability to work under stress and work overtime when required.

• Excellent knowledge of the UN system and UN joint country programming processes (CCA/UNDAF),
• Good knowledge and experience with the national development frameworks, especially Millennium Development Goals (MDGs), Sustainable Development Goals (SDGs) PRSP, SWAP, key legislation, etc.
• Specialised technical knowledge, including in conducting external programme evaluations, data collection and analytical skills, mainstreaming the HRBA to programming and gender equality and women’s empowerment considerations, and transition contexts.

• Excellent communication, interpersonal skills, teamwork and adept at working with people of diverse cultural and social backgrounds.
• An understanding of and ability to abide by the core values of the United Nations.

Education:

• The consultant should have post graduate university degree in any of the following – social sciences, disability rights, gender studies, international development, public administration law or any other relevant fields,

Experience:

• At least 10 years of professional experience, in areas of Gender Equality and Women Empowerment (GEWE) and transformative gender and development, with specific emphasis on Disability Rights, the public and private sector, gender analysis and gender mainstreaming etc,
• Knowledge of relevant GEWE and Disability national, regional, and international frameworks,
• Demonstrated expertise in development of Disability Inclusion Strategies- specific expertise in development of strategies on access to justice and GBV, will be an added advantage,
• Demonstrated experience in prevention and elimination of violence against women and girls with focus on WHRDs, SGBV, HPs, and SRHRs,
• Experience in working in multi-cultural and government environment, with specific experience, working with the UN as an added advantage.

Language Requirements:

• Excellent of written and oral English Language.

Application procedure:

• Applicants are requested to upload copies of:

• Latest CV highlighting the relevant experience;

• Updated P11 Form template of which can be downloaded from this website http://www.sas.undp.org/Documents/P11_Personal_history_form.doc.
•  A detailed technical proposal on undertaking the tasks and evidence of previous work;
• Financial proposal (All-inclusive daily fee): Interested individuals are kindly requested to submit an all-inclusive daily consultancy fee using the template which can be downloaded from:     https://www.dropbox.com/s/789q1hvdrdgwqqc/PPG_Cons_Letter%20of%20Interest%20and%20Availability.docx?dl=0

Please group all your documents (CV, P11, Technical Proposal, Financial Proposal and Certificates) into one (1) single PDF document as the system only allows to upload maximum one document. Incomplete applications will not be given consideration.

Applicants must reply to the mandatory questions asked by the system when submitting the application

Please note that only applicants who are short-listed will be contacted.

Evaluation criteria:

The Consultant will be evaluated based on qualifications and the years of experience, as outlined in the qualifications/requirements section of the ToR.  In addition, the Consultant will also be evaluated on the following methodology:
 
Technical Criteria weight: 70%;
Financial Criteria weight: 30%;

The award of the contract shall be made to the Consultant whose offer has been evaluated and determined as: Responsive/compliant/acceptable; and having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the Terms of Reference.

Payment Terms:

Note that all payments to a contractor are dependent on the satisfactory completion of deliverables. Payment is linked to deliverables as per the below:

Inception Report – 4 days – 25%

Desk Review, initial engagement with WLSA/UNDP officials, SI technical team, and few identified stakeholders.

• Stakeholder mapping
• Development of tools 
• Drafting of the inception report
• Presentation of the Inception Report to the UNDP and SI stakeholders
• Consolidation of inputs from the Draft Inception Report
• Upon Production of the Final Inception Report approved by the UNDP and WLSA

Final Stage; Upon successful submission of Final Report and Policy Brief- 14 days- 25%

• key informant interviews, group discussions, consultative meetings
• Under guidance of UNDP technical partner, facilitate the targeted interviews, consultative meetings etc
• Consultative, group discussions reports produced
• Stakeholder Validation Workshop conducted
• Stakeholder Validation Workshop Report Produced
• Draft Report incorporating Stakeholders inputs from the validation Report
• Final Report Produced
• Final Editing –
• Approval by WLSA and UNDP

General Conditions: Procedures and Logistics

The consultant is expected to work from their own premises and liaise with UNDP and its technical partner   as necessary.  The consultant is obliged to pay sensitivities to Covid 19 Statutory and other health requirements.

For the entire period of this project/contract all travel (if necessary) related to any contract emerging from this RFP, including all travel for consultations and discussions, meetings for planning and execution of potential works etc. will have to be borne by the Contractor and must be included in the Financial Proposal submitted. The Contractor is responsible to make all relevant travel arrangements, including hotel, transportation, and other relevant costs. All arrangements are the responsibility of the Contractor, both financially and action-wise.

Policy both parties should be aware of:

• UNDP has a zero-tolerance policy towards sexual exploitation and abuse,
• Members of the contracting company are not entitled to payment of overtime.  All remuneration must be within the contract agreement,
• No contract may commence unless the contract is signed by both UNDP and the Contractor,
• The data and information collected during this data is sole and full ownership of the Spotlight Initiative,
• No member of the contracting company may travel prior to contract signature,
• Members of the contracting company will not have supervisory responsibilities or authority on UNDP budget.

“UNDP is committed to gender equality in its mandate and its staff, and equal opportunities for people with disabilities. Well qualified candidates, particularly women and people with disabilities are especially encouraged to apply”.