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National Consultant: To Conduct a study on identifying the gaps and concerns to ensure access to justice for gender-based violence survivors from the justice sector actor’s perspective
United Nations Development Programme (UNDP)
Grade: Unspecified
Job Expired 4 Jul 2021
Expired
Added 1 month ago
Job Description

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.

UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.


Background

Gender-based violence against women and girls is one of the most pervasive violations of human rights and a significant impediment to achieving gender equality, development, and peace. In this context, the Bangladesh government has already ratified fundamental international human rights mechanisms, including UPR, CEDAW, and CRC. Besides, the government has promulgated numerous pieces of legislation. However, further initiatives are required to fulfill the government's commitment to reaching the UN's Sustainable Development Goals on Gender inequality, Peace, Justice, and Strong Institutions.

According to the World Economic Forum Gender Gap Report 2020, Bangladesh ranked 50 out of 153 countries, and top scorer in South Asia. Nevertheless, recommendations have been given to Bangladesh repeatedly by the UNCEDAW committee, the CRC committee, and through the UPR peer review system to improve the situation relating to violence against women and girls.

Moreover, the COVID-19 pandemic has sparked a pandemic of gender-based violence and discrimination against women and girls in Bangladesh. According to media monitoring data from Ain o Salish Kendra, 975 women and girls were raped in the first nine months of 2020. According to the latest data from the Bangladesh Peace Observatory supported by UNDP, the number of sexual assaults increased by 53% in August compared to July 2020. There were 82 reported sexual assaults in August, sharply higher than the 53 incidents reported in July 2020. BRAC's human rights and legal service program documented an increase of nearly 69 percent in reported incidents of violence against women and girls in March and April 2020, while access to legal recourse and urgent protection measures were cut short compared to the same months 2019. A study of Manusher Jonno Foundation surveying 17,203 women and children in April 2020 found that domestic violence increased during the onset of lockdown. Further, of the 4,705 women and children who reported domestic violence incidents that month, nearly half said it was the first time they had been subjected to such violence.

The present situation of the alarming increase of VAW cases in Bangladesh amid the COVID-19 pandemic and beyond indicates that it is necessary to undertake an urgent review and evaluation of gender-based violence against women with a focus on how the justice sector stakeholders can play a crucial role. BWJA will assess the increasing rate of domestic violence as a cross-cutting issue in the research.

OBJECTIVES OF THE ASSIGNMENT:

Even though Bangladesh has passed a series of laws prohibiting gender-based violence against women, this research will argue that weak inter-agency justice sector responses impede the effective implementation of these laws which fail to secure justice for victims of gender-based violence. The study will also seek to identify barriers to providing adequate and timely justice to gender-based violence victims from the justice sector perspective.

UNDP Bangladesh, in collaboration with Bangladesh Women Judges Association (BWJA), will support the commission of the study, which will explore the critical areas of reform in justice delivery processes for VAW cases, mainly focusing on cases under the Nari-O-Sishu-Nirjatan-Daman Tribunal. The research will identify problematic patterns and concerns with access to justice for gender-based violence survivors and propose recommendations to address the high rate of gender-based violence incidents.

The objective of this research is: to identify and analyze existing barriers in-laws; to identify the challenges for GBV survivors to access justice; to review the role and response of the justice sector from a judicial perspective to make strengthen implementation of current legislation and policies; and to make the justice system of Bangladesh more effective and responsive in a way that can be conducive to address and redress gender-based violence.


Duties and Responsibilities

SCOPE OF WORK /EXPECTED OUTPUT

Due to the proposed research project's time constraints, the research study will primarily focus on cases under Nari-O-Sishu-Nirjatan-Daman Tribunals related to dowry, rape, or attempted rape, kidnapping, domestic violence, and sexual harassment. The proposed research study will develop an overview and investigate the following areas:

  • A broader overview of the gaps and challenges in the current legislative framework and the criminal justice system to address and redress gender-based violence in Bangladesh.
  • The current situation of gender-based cases in different courts (identified by BWJA) (Number of total cases, number of filings, number of disposals, rate of conviction & acquittal in the given timeframe)
  • Constraints and challenges faced by judges of Nari O Sishu Nirzatan Daman Tribunal in both substantive and procedural law;
  • What measure and reformation are required to render speedy justice for victims of gender-based violence;
  • Identify recommendations to improve court monitoring mechanisms for securing justice associated with violence against women;
  • Redefining the roles and responsibilities of justice sector actors associated with violence against women from the judicial perspective.
  • Analyze the high rate of GBV incidents before and after the pandemic, why it has increased how much it affects the victim's ability to get access to justice, what the justice sector should do in addressing the situation where the court might need to provide limited judicial service.
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Competencies

Functional Competencies

  • Demonstrated experience in areas of democratic governance, rule of law, access to justice, international human rights law or international relations, regional development, gender equality, and social services.
  • Excellent writing skills in English with a strong background in report drafting.
  • Ability to use critical thinking, conceptualize ideas, and articulate relevant subject matter in a clear and concise way.
  • Maturity and confidence in dealing with senior and high-ranking members of national and international institutions, government, and non-government.
  • Excellent knowledge of Agenda 2030.

Corporate Responsibility and Teamwork:

  • Serves and promotes the vision, mission, values, and strategic goals of UNDP;
  • Demonstrated integrity by upholding the United Nations' values and ethical standards;
  • Appreciate differences in values and learning from cultural diversities;
  • Promotes UNDP vision, mission, and strategic goals;
  • Displays culture, gender, religion, race, nationality, age-based sensitivity and adaptability;

Language Requirement

Strong written and spoken English and Bangla skills.


Required Skills and Experience

Education:

Minimum of Master’s degree in Law/Government and Politics/Public Administration/International Relations or any other relevant discipline of Social Science.

Experience:

  • Minimum 12 years of professional experience in the areas of gender justice, access to justice, democratic governance, international human rights law or international relations, regional development, and social services.
  • Proven analytical understanding, legal research skills, data analysis and report writing
  • Excellent knowledge on gender equality and Agenda 2030
  • Previous work experience with Justice Projects of International organizations or UN agencies will be an added advantage.
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DELIVERABLES:

a). Design and submission of an inception report

b). Review documents, case analysis, reports on existing legal frameworks, baseline report of the project, stakeholder analysis reports, etc

c). Develop a Violence Against Women case data collection tool, qualitative data collection, prepare data collection questionnaires and data analysis from the selected Nari-O-Shishu Nirjatan Daman Tribunals in consultation with BWJA by July 2021.

d). Facilitate inception meetings and design an initial consultation with the Judges of the Nari-O-Sishu-Nirjatan Daman Tribunals, Judicial Magistrates, and District Legal Aid Officers to have a primary discussion on the objectives, scope, time, and expected results of the research

e). Facilitate sector-wide consultation on research findings and prepare a draft report for each consultation session/ workshop with comments and feedback from BWJA.

f). Submission of the final report.

DURATION OF ASSIGNMENT AND DUTY STATION

The assignment will be for 25 working days over a period of 4 months from July to November 2021 (Tentatively). Any such field mission will be arranged by UNDP country office and based on prior discussion and planning.

SUPERVISION, REPORTING AND PERFORMANCE EVALUATION

The national consultant will carry out this assignment under the supervision and guidance of the Chief Technical Advisor (CTA), in close collaboration with BWJA & the Programme Officer leading the Justice component both of Human Rights and Justice Programme under Democratic Governance Cluster of UNDP. The final report will be finalized by incorporating feedback/ guidance from BEJA Research team. The CTA will review the deliverables in consultation with the research team of BWJA and evaluate the performance of the consultant.

FINANCIAL PROPOSAL

Lump sum contracts

The financial proposal shall specify the total lump sum amount and payment terms around specific and measurable (qualitative and quantitative) deliverables. Payments are based upon output, i.e. upon delivery of the services specified in the TOR. In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount as indicated in Annexure II.

TENTATIVE PAYMENT SCHEDULE

  1. Payment of the Consultant as per deliverables:

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Deliverables

Number of Working Days

Deadline of deliverable (tentatively)

Payment Schedule

a). Design and submission of an inception report

2

By the 1stweek of August 2021

20%

b). Review documents, case analyses, reports on existing legal frameworks, baseline reports of the project, stakeholder analysis reports, etc

4

c). Develop a VAW case data collection tool, qualitative data collection, prepare data collection questionnaires by June 2021 and data analysis from the selected Nari-O-Shishu Nirjatan Daman Tribunals in consultation with BWJA

4

By the mid September2021

40%

d). Facilitate inception meetings and design the initial consultation with the Judges of the Nari-O-Sishu-Nirjatan Daman Tribunals, Judicial Magistrates, and District Legal Aid Officers to have preliminary discussions on objectives, scope, time, and expected results of the research

5

e) Facilitate sector-wide consultations on research findings and prepare a draft report

5

By the end of November 2021

40%

f). Submission of the final report.

5

Total

25

100%

INPUTS

From the UNDP Country office

  • Detailed briefing on the assignment
  • Relevant Knowledge Products
  • Support to arrange meeting with relevant stakeholders

BASIS OF EVALUATION

Criteria

Weight

Max. Point

Technical:

70%

70

Educational Qualifications

20%

20

Proven experience in the areas of gender justice, access to justice, democratic governance, international human rights laws

20%

20

Demonstrated analytical understanding, legal research skills, data analysis and report writing in gender justice

10%

10

Previous work experience with Justice Projects of international organizations or UN agencies

20%

20

Financial:

30%

30

Total

100

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EVALUATION:

The individual contractor will be evaluated based on the following methodology:

Cumulative analysis: The candidates will be evaluated through Cumulative Analysis method. The award of the contract will be made to the individual contractor whose offer has been evaluated and determined as:

  1. Responsive/compliant/acceptable, and
  2. Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation.

Only individual contractors, obtaining a minimum of 49 points in the technical evaluation, would be considered for financial evaluation.

Financial Evaluation (Total 30 marks)

The total weightage for financial proposal will be 30. The maximum points (30) will be assigned to the lowest financial proposal. All other proposals received points according to the following formula:

p = y (µ/z)

Where:

p = points for the financial proposal being evaluated

y = maximum number of points for the financial proposal

µ = price of the lowest priced proposal

z = price of the proposal being evaluated

DOCUMENTS TO BE INCLUDED WHEN SUBMITTING PROPOSALS:

Interested individuals must submit the following documents/information to demonstrate their qualifications:

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