UN WOMEN: CONSULTANT - DOMESTIC VIOLENCE (CRIME AND PUNISHMENT)

Advertised on behalf of : Location :Kathmandu, Nepal

Application Deadline :18-Jul-14

Additional Category:Democratic Governance

Type of Contract :Individual Contract

Post Level :National Consultant

Languages Required :English

Expected Duration of Assignment :15 working days spread over one month

Background

Grounded in the vision of equality enshrined in the Charter of the United Nations, UN Women works for the elimination of discrimination against women and girls; the empowerment of women; and the achievement of equality between women and men as partners and beneficiaries of development, human rights, humanitarian action and peace and security. Placing women's rights at the centre of all its efforts, UN Women leads and coordinates United Nations System efforts to ensure that commitments on gender equality and gender mainstreaming translate into action throughout the world. It aims to provide strong and coherent leadership in support of National priorities and efforts, building effective partnerships with government, civil society and other relevant actors.

In Nepal, UN Women's programmes focus on strengthening women's voice, agency and leadership across sectors to advance women's rights, provide space for women's meaningful participation and to demonstrate tangible differences in their lives. The programmes adopt a holistic and integrated approach across UN Women's five thematic priorities. It is guided by Nepal's stated priorities (including those from the Approach Paper to the Three-Year Plan 2013-2016) and its commitments to relevant normative frameworks the country's UNDAF 2013-2017, the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) Concluding Observations (2011) and UN Women's

Corporate Strategic Plan 2014-2017.The programmes promote national ownership, capacity development and institutionalization, inclusiveness, coordination and partnerships, and knowledge generation and management, and seek to prioritize engagement with and support to key duty bearers who are responsible for advancing women's human rights and with rights holders so they can exercise voice and agency.

Monitoring of EVAW Laws:

• The overarching goal of monitoring of laws on violence against women and girls is to determine the effectiveness of the laws, policies, and protocols, and to determine if amendments or reforms are needed.
• The monitoring of laws should determine the prevalence of cases of violence against women, the laws, policies and protocols which are used to address violence against women.

Monitoring of laws should:

• Evaluate laws, policies and protocols used to address violence against women;
• Propose changes in laws, policies, and protocols in order to further the goals of safety for victims and accountability for offenders;
• Reveal unintended consequences of laws, policies, and protocols;
• Reveal gaps in the law, policies, and protocols;
• Recommend a government to apply international standards or to change its actions;
• Reveal the need for a coordinated community response to enforce the laws;
• Reveal the need for capacity-building and training for professionals who must enforce the laws;
• Be performed on a regular basis.
• Legislation on violence against women should include a provision which creates a specific body to monitor the implementation of legislation on violence against women.
• This body should include members of parliament, national statistics offices, law enforcement administration and ministries for women and health.
• It should gather and analyze information on the implementation of the legislation, respond to parliament, and provide a public report of its efforts.
• The legislation should mandate adequate funding for regular review of the implementation of the legislation on violence against women.

Domestic Violence (DV)in Nepal: The Government of Nepal (GON) has made strong normative and legal commitments for ending all forms of violence against women (VAW) and girls. It has ratified the CEDAW and committed to implement the 12 priority areas of the Beijing Platform of Action (BPfA) and has accordingly adopted national action plans. The GON has enacted the Domestic Violence (Crime and Punishment) Act- 2009 and Domestic Violence (Crime and Punishment) Regulation- 2010 and developed a 5-year National Strategy and Action Plan on Gender Empowerment and Ending Gender Based Violence (2012/13-2016/17). However, implementation progress of these instruments remains insufficient, particularly, due to the poor data system, absence of costing and monitoring of the implementation of law.

Despite a strong normative framework, domestic violence remains widespread in Nepal and occurs with impunity. According to available data, up to 76% of women experience sexual and/or physical violence in their lifetime. About 22% of women aged 15-49 have experienced physical violence at least once since the age of 15 whereas one in ten women reported having experienced sexual violence. It is not common for women in Nepal to seek assistance from any source for violence they have experienced. According to a national survey, nearly two in three women have never told anyone about the violence they have experienced. The problem of not seeking care was particularly prevalent among women who had experienced sexual violence. Only 7 % had reported the assault, 4 % had been to the police and 3 % to a medical service. Likewise, 64% women are suffering from domestic violence whereas only 20% of them seek legal justice after being victimized. Patriarchal attitudes and stereotypes remain as a challenge in society and institutions which has resulted in gradual disempowerment and marginalization of women and girls to the entire domain of society.

Justification: The Commission on the Status of Women (CSW) 57 provided an important platform for the UN system to work together on ending VAW where 11 UN agencies come up with a signed joint statement to work together on the issue. Consecutively, the concluding observations on fourth and fifth periodic reports of Nepal on CEDAW concerned about the continued prevalence of VAW and girls and called for ensuring the effective implementation of the DV act and other existing legislation, as well as proper prosecution and punishment of perpetrators of such violence. Similarly, the GON had made commitment for putting a multi-sectoral monitoring framework in place (which consists of government, civil society and other UN agencies) to respond the recommendations. In the 58^th session of the CSW, the GON had clearly marked to eliminate gender based violence with zero tolerance policy against VAW.

The Domestic Violence (Crime and Punishment) Act- 2009 and Domestic Violence (Crime and Punishment) Regulation- 2010 gives comprehensive and effective civil remedies with criminal procedures to ensure effective protection and relief to the victims of domestic violence. However, the monitoring of the implementation of such a law remains poor. Hence it is necessary to monitor the Ending Gender Based Violence (EVAW) laws regularly for its effectiveness and to help in setting precedents and standards. Monitoring implementation of the Domestic Violence (Crime and Punishment) Act- 2009 and Domestic Violence (Crime and Punishment) Regulation- 2010 is an important component of the Government entities mandated to oversee the implementation of the law. In many cases, judgments related to the VAW cases are found to be subjective thus, monitoring of implementation of law is crucial not only to monitor the administrative measures taken for implementation but also assess its outcomes by examining court orders and judgments.

In light of the above context, UN Women seeks to engage a national consultant to develop a monitoring framework for the Domestic Violence (Crime and Punishment) Act- 2009 and Domestic Violence (Crime and Punishment) Regulation- 2010 to support the Ministry of Women Children and Social Welfare (MoWCSW) to track progress on the implementation of law in Nepal.

Duties and Responsibilities

Under the direct supervision of the Deputy Representative, and in coordination with the Governance and National Planning Unit of UN Women and in close collaboration with the Joint Secretary MoWCSW, the national consultant will develop a monitoring framework for the implementation of Domestic Violence (Crime and Punishment) Act- 2009 and Domestic Violence (Crime and Punishment) Regulation- 2010 in Nepal.

Key Functions and Responsibilities: The major tasks of the consultant are to review theDomestic Violence (Crime and Punishment) Act

2009 and Domestic Violence (Crime and Punishment) Regulation- 2010 and to develop a monitoring framework for its effective implementation. The additional tasks includes but not limited to:

• Desk review of existing EVAW monitoring frameworks;
• Review all relevant documents related to the DV law and regulation and identify gaps in the law and service provisions;
• Conduct meetings with the relevant Government officials (protection officers, health officials, police and judicial officers),statutory bodies (NWC and NHRC), service providers listed under the DV law and regulation, women's groups, domestic violence survivors, media professionals, , development partners and UN agencies to discuss the implementation status of the Domestic Violence;
• Develop a tool (set of questions, checklists etc.) to collect the information from security actors, judicial actors, victim service organizations, medical professionals, journalist, academics, the religious communities and children witnessing domestic violence on the implementation of the DV law and regulation;
• Draft a monitoring framework for the implementation of the DV law and regulation looking at the available and required infrastructure; agencies to provide assistance; functioning of relevant officials; coordination between different agencies; training and capacity development; publicity and awareness creation; allocation of funds etc.

Methodology:

• Review of law, regulation and related documents;
• Consultations/meetings;
• Interviews/focus group discussions among key stakeholders

Key Deliverables:

• A review report on the DV law and Regulation and its implementation status;
• A monitoring framework for the implementation of DV law and Regulation including users' guidance note in hard and soft copy. The document should include the following chapters Introduction, Implementation of the DV law and Regulation, Monitoring framework for the implementation of the DV law and Regulation (with separate tools for information collection) etc. The document should not exceed 40 pages including the annexes and notes for the users.
• Power Point presentation on how to use the monitoring framework for the implementation of the DV law and Regulation.

Monitoring and Reporting: The consultant will be responsible to update and share the progress reports with the supervisor. Impact of Results:

The monitoring framework of DV law and Regulation will contribute to effective implementation of the law and contribute to an annual monitoring report on the implementation of the DV law and Regulation.

Payments:

• Payments to the consultant are based upon deliverables, i.e. upon delivery of the services specified in the TOR.

Schedule of Payment and Mode of Payment:

• Upon signing of the contract and submission of detailed work plan to UN Women- 20% of totalcontract amount;
• Upon completion and approval of all deliverables by UN Women – 80% of the total contract.
• The payment will be made to the Consultant's bank account as indicated in the vendor form.

Competencies

Core Values and Guiding principles:

Integrity:

• Demonstrate consistency in upholding and promoting the values of UN Women in actions and decisions, in line with the UN Code of Conduct;
• Professionalism: Demonstrate professional competence and expert knowledge of the pertinent substantive areas of work;
• Cultural sensitivity and valuing diversity: Demonstrate an appreciation of the multicultural nature of the organization and the diversity of its staff. Demonstrate an international outlook, appreciating difference in values and learning from cultural diversity.

Core competencies:

Ethics and Values:

• Demonstrate and safeguard ethics and integrity.

Organizational Awareness:

• Demonstrate corporate knowledge and sound judgment.

Development and Innovation:

• Take charge of self-development and take initiative.

Work in teams:

• Demonstrate ability to work in a multicultural, multi-ethnic environment and to maintain effective working relations with people of different national and cultural backgrounds.

Communicating Information and Ideas:

• Creating and promoting enabling environment for open communication.

Self-management and Emotional Intelligence:

• Stay composed and positive even in difficult moments, handle tense situations with diplomacy and tact, and have a consistent behavior towards others

Conflict Management:

• Surface conflicts and address them proactively acknowledging different feelings and views and directing energy towards a mutually acceptable solution.

Continuous Learning and Knowledge Sharing:

• Encourage learning and sharing of knowledge.

Appropriate and Transparent Decision Making:

• Demonstrate informed and transparent decision making.

Functional Competencies:

• Good knowledge of domestic violence, VAW, gender equality, human rights, rule of law, other gender related issues.
• Familiarity with the gender discriminatory provisions in existing laws and policies in Nepal and skills to analyze the gap in its implementation;
• Ability to undertake policy research and studies;
• Ability to establish builds and sustains effective relationships with clients, demonstrating understanding of client's perspective;
• Ability to draft policy papers, briefings, concept notes, monitoring frameworks etc.;
• Proven ability to liaise with wider stakeholders and partners, including UN agencies, government, civil society, international organizations and grassroots organizations.

Required Skills and Experience

Education:

• Master's degree in law is required.

Experience:

• Minimum 5 years of professional experience in the field of law as a practicing lawyer, academic, prosecutor, legal consultant working on the prevention of violence against women;
• Good understanding of the national legal system and procedures;
• Prior experience in law drafting and involvement in law reform processes relevant to women's human rights;
• Prior experience of monitoring and reviewing implementation of the law against international human rights and constitutional standards;
• Ability to apply monitoring and evaluation frameworks to assess the impact of legal implementation;
• Excellent writing, presentation, facilitation and documentation skills; and Good understanding of UN Women's work in Nepal.

Language:

• Fluency in English and Nepali is required.

Application Documentation: Interested consultants must submit the following documents/information to demonstrate their qualifications:

• Explaining why they are the most suitable for the work (maximum of two pages);
• Provide a brief methodology on how they will conduct the work;
• Financial proposal indicating a total lump sum for the delivery of outputs as per above description. The financial proposal shall include a breakdown of this lump sum amount (consultancy fee per number of anticipated working days, travel and any other possible costs);
• Completed UN Women Personal History (P11) form that can be downloaded from http://www.unwomen.org/about-us/employment/.
• Only applications that include financial proposal will be considered .

Assessment: The candidates will be evaluated in three stages:

• According to minimum qualification;
• Technical evaluation;
• Financial evaluation.

Technical evaluationcriteria (including minimum qualifications):

• Master's degree in law- (Max 10 points);
• Five years of professional experience in the field of law as a practicing lawyer, academic, prosecutor, legal consultant working on the prevention of violence against women - (Max 20 points);
• Prior experience in law drafting and involvement in law reform processes relevant to women's human rights (Max 15 points); i.e. 3-5 years-10; and more than 5 years- 15 points;
• Prior experience of monitoring and reviewing implementation of the law against international human rights and constitutional standards (Max 10 points). Relevance, quality and quantity of the reference materials will be considered;
• Ability to apply monitoring and evaluation frameworks to assess the impact of legal implementation; (Max 10 points); Relevance, quality and quantity of the reference materials will be considered;
• Language skills (fluency in English) - (Max 5 points); i.e. quality of English;
• Language will be assessed based on the submitted reference materials;
• Maximum total technical score amounts to 70 points;
• Only candidates who have passed over the mandatory criteria and have accumulated at least 49 points under the technical evaluation will qualify to the next round of the financial evaluation.

Evaluation of submitted financial offers will be done based on the following formula: S Fmin / F

• 30
• S - score received on financial evaluation;
• Fmin - the lowest financial offer out of all the submitted offers qualified over the technical evaluation round;
• F - Financial offer under the consideration.

Successful Candidate:

• The Winning successful candidate will be the one who has accumulated the highest aggregated score (technical scoring + financial scoring).

Interested applicants should apply for the vacancy, using the 'Personal History Form - P 11' which can be downloaded from http://www.unwomen.org/en/about-us/employment and latest CV.

Application Information:

Application by Email:

• Application to this vacancy should be sent to jobs.np@unwomen.org
• In your email or application please clearly indicate the post and the VA number you are applying for

Regular Mail:

UN Women Nepal Office

201/42 Thapathali, Kathmandu, NepalNote:

• Only short-listed candidates will be contacted.

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.