Terms of Reference - UNGM

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Terms of Reference
                Provision of Report Writing and Stakeholder Consultation Services for
                 Development of Policy Research on Women in Conflict with the Law

I. Background

UN Women is the United Nations entity dedicated to gender equality and the empowerment of
women. A global champion for women and girls, UN Women was established to accelerate progress
on meeting their needs worldwide. UN Women supports UN Member States as they set global
standards for achieving gender equality and works with governments and civil society to design laws,
policies, programmes and services needed to ensure that the standards are effectively implemented
and truly benefit women and girls worldwide. It works globally to make the vision of the Sustainable
Development Goals (SDGs) a reality for women and girls and stands behind women’s equal
participation in all aspects of life, focusing on four strategic priorities: (1) Women lead, participate in
and benefit equally from governance systems; (2) Women have income security, decent work and
economic autonomy; (3) All women and girls live a life free from all forms of violence; and (4) Women
and girls contribute to and have greater influence in building sustainable peace and resilience, and
benefit equally from the prevention of natural disasters and conflicts and humanitarian action.

The Project “Enhancing Access to Justice for Women in Asia and the Pacific: Bridging the gap between
formal and informal systems through women’s empowerment” is a five-year programme that began
implementation in 2018, with the generous support of the Government of Sweden. The overall goal
of the project is to enhance access to justice for women in formal and informal systems in Asia and
the Pacific, bridging the gap between these systems through women’s empowerment and reduction
of gender biases. In realizing this goal, the project partners – UN Women, International Commission
of Jurists (ICJ) and OHCHR – focus on achieving the following outputs: (1) Domestic laws are adopted
and court decisions are consistent with international human rights law and standards, including
CEDAW; (2) Gender discriminatory attitudes and stereotyped behaviours towards women by formal
and informal justice providers are addressed; and (3) Grassroots women’s organizations and
community-based women’s organizations are empowered and well-positioned to facilitate,
document, and monitor interactions with formal and informal justice providers, and their resilience is
enhanced to build a just and sustainable future.

Women’s Situation in Jails and Access to Justice

Access to justice services are crucial to enforce human rights granted to women and girls. Although
there is a global trend to adopt legislative measures for implementing the UN Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW) obligations, women and girls still
face numerous obstacles in pursuing their legal rights and holding justice systems accountable.

Women are at risk of discrimination in places of detention, which are still predominantly designed for
men and managed by men. Gender-neutral prison policies largely contribute to disregard of women’s
different needs. To address these unique needs, the United Nations Rules for the Treatment of
Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules) have been
integrated into operational guidelines of prisons like the Correctional Institution for Women (CIW) in
the Philippines. However, the progressive implementation of these international norms is challenging.
Moreover, the population of incarcerated women continues to rise in the Philippines due to lack of
non-custodial alternatives and increased penalties for drug-related crimes.

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II. Specific Tasks, Expected Deliverables, and Target Dates

The service provider will provide report writing and stakeholder consultation services for development
of policy research on women in conflict with the law, undertaking the following tasks:

        •   Map existing laws, policies, and legal/social services 1 for or concerning persons deprived of
            liberty (PDLs), specifically women in conflict with the law (WICL);
        •   Identify service providers and government agencies responsible for delivering said services to
            WICL;
        •   Review and identify alignments or gaps in laws or policies for or concerning PDLs or WICL
            against international human rights standards like CEDAW and Bangkok Rules, as well as
            national laws and policies like the Magna Carta of Women;
        •   Prepare a draft report to be presented to relevant stakeholders (i.e. community women, WICL,
            formal and informal justice service providers, 2 and other actors 3);
        •   Plan and conduct multi-sectoral online consultation/validation sessions with the above
            stakeholders;
        •   Submit a final report including: stakeholder inputs; issues of women PDLs in accessing justice
            and challenges of service providers in facilitating women’s access to justice; a referral system;
            and policy recommendations for gender-responsive and humane treatment of women
            deprived of liberty.

Under the supervision of the Programme Analyst – Access to Justice Programme of UN Women
Philippines, the service provider shall produce the following deliverables. Each payment will be issued
upon acceptance and approval of deliverables by the Programme Analyst, with payments in 3
installments as below:

    No.              Tasks                         Deliverables                  Percentage        Target date
     1      Write the report outline    •    Outline of Policy Research                            5 April 2021
                                             report
    2       Map existing laws, •             Directory of legal and social           30%           26 April 2021
            policies, and legal/social       services for PDLs,                      (upon
            services       for      or                                           submission of
                                             specifically WICL, and
                                                                                  deliverables
            concerning         persons       relevant service providers            for #1-2)
            deprived of liberty •            Minimum 2 samples of
            (PDLs),        specifically      women’s stories or cases
            women in conflict with           wherein above services
            the law (WICL) and               have been obtained
            including drug-related
            offenses
    3       Review and identify •            List and assessment of laws                           17 May 2021
            alignments or gaps in            or policies for or
            laws or policies for or          concerning persons
            concerning PDLs or WICL          deprived of liberty (PDLs),
            against     international
            human rights standards

1
  both in-person and virtual legal or justice services
2
  community officials like the Lupong Tagapamayapa or Pacification Committee, VAW Desk Officers, social workers, Public
Attorney’s Office (PAO) lawyers, private legal practitioners, police, jail wardens, judges, etc.
3 civil society organizations (CSOs) that focus on crime prevention or provide legal assistance, health care, economic

opportunities, and other types of support for women PDLs (including for former detainees)

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(e.g. CEDAW, Bangkok            specifically women in
          Rules) and national laws        conflict with the law (WICL)
          and policies (e.g. Magna •      Minimum 2 samples of
          Carta of Women)                 women’s court cases
                                          wherein above laws or
                                          policies were invoked for
                                          rights protection
  4       Prepare the draft report   •    Draft Policy Research              40%          31 May 2021
                                          report                             (upon
                                                                         submission of
                                                                          deliverables
                                                                           for #3-4)
  5       Plan and conduct multi-    •    Activity design and                             28 June 2021
          sectoral consultation/          documentation of two                             (1st session)
          validation sessions             consultation/validation
                                          sessions with:                                  12 July 2021
                                              1. community women                          (2nd session)
                                                   and/or WICL
                                              2. formal or informal
                                                   justice service
                                                   providers and
                                                   other actors

  6       Finalize the report on     •    Final Policy Research report    30% (upon      10 August 2021
          the findings of the                                            submission of
          research and                                                    deliverables
                                                                           for #5-6)
          consultations

Timeline and Location

The total duration of the engagement is for a period of five months from 22 March 2021 – 31 August
2021, located in the Philippines.

III. Qualifications of the Organization

           Registered Organization (provide copy of proof such as business registration, SEC
            registration, BIR Registration and any other related documents e.g. copy of invoice, official
            receipt etc.)
           The organization must have at least 3 years’ experience in research writing and conducting
            consultations or dialogues on law, access to justice, human rights, and/or needs and issues
            of women in conflict with the law; background on VAW is an advantage
           The organization must have competent personnel and team members

IV. Team Composition/Qualifications

The team composition is expected to include at least a Project Head and a Project Staff.

Project Head
     Bachelor’s degree (or equivalent) in Law, Gender Studies, Women Studies, Human Rights,
        International Development Studies, Social Work, Social Sciences, or related field
     At least 3 years of experience working on access to justice, gender equality, human rights,

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VAW, and other issues related to women in conflict with the law
       Demonstrated experience in doing policy research, report writing, and stakeholder
        engagement in the areas of access to justice, gender equality, and women’s rights, preferably
        in the Philippines
       Strong understanding of issues related to gender equality in the context of access to justice
        and women’s rights, preferably in the Philippines
       Background on drug policies, harm reduction principles, restorative justice, and non-
        custodial measures is considered an advantage.

Project Staff (Administration and Finance)
     Minimum 3 years’ experience in report writing and organizing consultations
     Bachelor’s degree (or equivalent) in Business Administration, Communications, Marketing,
        Finance, Accounting, or related field
     The project team should have at least one Administrative and Finance Staff supporting the
        project implementation. S/he should have at least 3 years’ experience in administrative and
        finance functions, especially in preparing financial reports for donors.

The project team members should have strong written and verbal communication skills in English and
Filipino. Experience working with UN or other international development organizations and donor
agencies would be an advantage.

V. Roles and Responsibilities of the Parties

UN Women will provide technical guidance and coordination with key collaborators for the study. The
service provider shall be required to bear all the related costs and work independently to successfully
achieve the end results.

The service provider will be responsible for the following costs:
     Professional fees must be quoted in the lumpsum amount per deliverable. The lumpsum
        amount must be detailed on how the professional fee of each team member is calculated.
     Indirect costs such as printing, stationeries, communications in relation to the scope of work
        of services must be included in the financial proposal.
     Travel costs for technical team members of service providers: all envisaged travel costs such
        as most direct and most economic local travel, living allowance, terminal expenses, etc. must
        be included in the financial proposal. In the case of unforeseeable travel, payment of travel
        costs including tickets, lodging and terminal expenses shall be agreed upon, between UN
        Women and Service provider, prior to travel and will be reimbursed upon Contract
        Amendment.
     Incidental fees for participants in communities, including payment for internet access to
        attend virtual activities such as consultations
     Logistics arrangement for operating hotlines, trainings for staff, volunteers, and interpreters,
        etc.
     All costs related to the development of the report including logistics arrangements for data
        collection, field visits, interviews, etc.
     All costs related to quality assurance, data entry, data cleaning and data processing

VI. Communication and Reporting Obligations

The service provider will work under the direct supervision of the Programme Analyst, UN Women
Access to Justice (A2J) Programme, who will be responsible for the quality assurance of the
deliverables. Content of the policy research and consultations, as well as list of participants and

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resource persons, will be approved by the UN Women. The project team will be in close consultation
with the UN Women Programme Analyst and UN Women Communications team and will incorporate
comments and changes from them.

VII. Submission of Application

Interested legally constituted organizations are encouraged to submit their proposal through the UN
Women E-Procurement system.

Submission package includes:

   •   Company profile
   •   Company registration
   •   Technical proposal
   •   Name of two formal clients for reference checks
   •   Updated CVs for each team member
   •   Sample works (policy papers, research, etc.)
   •   Financial proposal/quotation with breakdown of budget lines as per required deliverables.
       The quotation shall specify a lump sum amount breaking down the professional fee for each
       deliverable and other related cost.

Only complete submission packages will be reviewed.

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