Background

Women’s access to land and property is central to women’s access to justice (A2J) and a key issue of gender equality in general. Evidence indicates that women who own land are more capable of exiting violent relationships, that food security increases when women are granted tenure security ; and that access to land and housing is a principal factor determining the social well-being of women particularly in situations of conflict and reconstruction . Still, however, formal legal frameworks and justice systems often do not fully guarantee women’s equal de jure land and property rights, and may require reforms to avoid further marginalizing women. The structural inequalities that limit women’s de facto access to land and property is exacerbated by the lack of enforcement of existing laws, and by informal justice systems that tend to discriminate against or fail to protect women’s human rights .

A variety of actors in Governments, CSOs, academia and the international community are researching and programming on the topic globally and across the region. Despite the UNDP Asia-Pacific Regional Centre’s (APRC) programming on A2J as well as national A2J programmes, thus far efforts were not focused on promotion of women’s access to land and property. The 2014-2017 Regional Programme will continue to support broader A2J reform and is expected to have a stronger focus on women’s A2J, and access to land and property in particular. UNDP APRC will build on its comparative advantage in terms of existing programmes and partnerships on legal and justice reform and policy making in the region, as well as its convening capacity to bring decision makers and Civil Society together at both the regional and national level.

Duties and Responsibilities

It is the key for UNDP APRC to get a clear picture of the knowledge gaps and priorities for legal and policy reform, to map the actors, and to identify ongoing successful strategies and the possibility to replicate them across the region with possible UNDP support. UNDP APRC has undertaken an initial informal consultation with some key actors in the region on what process would be best to elaborate a potential strategy and programme, and to promote South-South knowledge exchange and engage with and support relevant networks.

UNDP is now recruiting an international expert to support in the development of a framework for further programming in Asia-Pacific, including i. Analysis and mapping of key issues and actors across the Asia-Pacific on women’s access to land and property from a justice perspective, and ii. Identification of legal, policy and knowledge gaps and strategic priorities and entry points for UNDP regional programming.

The expert will thus help APRC to gain further understanding on the different causes and dimensions of the issues and on how to tackle them. This will be done through an initial desk-review of the existing literature and documentation, as well as a mapping of and communication with relevant stakeholders and champions in the region and beyond. Most notably, a consultative process will be organized to ensure that the gap analysis and recommendations for future strategies, programmes and activities are evidence-based, inclusive, targeted and realistic.

In this vein it will be essential to note how different types of women access justice in relation to land and property, and how the situation differs per context. The analysis and consultation will hence note dimensions related to: LDC to MIC; conflict and post-conflict settings; plural legal systems; the differentiated access by rural, urban, indigenous, minority women, women from different caste backgrounds; how corruption, extractive industries, environmental projects and problems of land grabbing differently affect women, etc. If relevant, specific case studies will be elaborated and referred to as an illustration of the above.

Based on the research and case studies, the framework will include core areas for potential programming including, but not limited to,

  • A2J and Legal empowerment measures: legal reform, legal aid, legal education, awareness raising on rights, Alternative Dispute Resolution, law enforcement, oversight;
  • Mobilization, advocacy, movements to access justice as related to land and property rights;
  • Knowledge creation and capacity building: needs and strategies for all stakeholders from the state to the grassroots level, according to their respective duties and rights.

Scope of Work

The consultant will be expected to produce the following deliverables:

Draft discussion paper based on desk review and exchanges with relevant stakeholders and champions, including draft

  • Analysis and mapping of key issues and actors on women’s access to land and property from a justice perspective across the Asia-Pacific; and
  • Identification of legal, policy and knowledge gaps;
  • Identification of UNDP’s added value on the issues.

The paper should also facilitate a discussion of whether and how to identify a number (5-7) of priority countries as the focus of future programming which would be representative of the region.

Preparation of consultative exchange to define strategic priorities and entry points for research and UNDP programming, applicable and adaptable to different contexts in the Asia-Pacific

  • Prepare concept note of regional face-to-face exchange, including potential actors and stakeholders to invite;
  • Prepare background documents based on discussion paper;
  • Prepare consultation and meeting methodology;
  • Co-facilitate meeting (likely to be held in Bangkok for about 2 days) and ensure discussions and exchanges feed into final draft of a framework document that is strategic, inclusive, and owned by stakeholders.

Draft framework document based on the above, including priorities and recommendations for UNDP regional programming, with further peer-review on the final framework. Include annex with comprehensive bibliography and resource guide, including mapping of relevant actors and stakeholders.

Final products:

  • Draft discussion paper;
  • Preparation of consultative face-to-face exchange and co-facilitation;
  • Final proposed framework document based on the above, including priorities and recommendations for UNDP regional programming, with further peer-review on the final framework. Include annex with comprehensive bibliography and resource guide, including mapping of relevant actors and stakeholders.

Documents to be included when submitting the Proposals:

Interested individual consultant must submit the following documents/information to demonstrate your qualifications:

  • Proposal: Brief proposal with methodological outline (and potentially comments on the TOR), sequencing and timelines to implement the assignment, and initial suggestions on stakeholders to be involved.
  • Financial proposal: The financial proposal must include daily professional fee, anticipated number of working days, roundtrip air ticket to Bangkok, and living allowance per day for 5-day stay in Bangkok.
  • Personal CV and/or P.11 including past experience in similar projects and at least 3 references

Financial proposal:

The contract will be based on daily fee.

The financial proposal will specify the daily fee and payments will be made to the individual consultant based on the number of days worked and upon completion of the deliverables.

Travel:

In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultant, prior to travel and will be reimbursed.

Evaluation:

The award of the contract will be made to the individual 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 solicitation.
  • Technical Criteria weight; 70%
  • Financial Criteria weight; 30%

Only candidates obtaining a minimum of 350 technical points would be considered for the Financial Evaluation.

Technical evaluation:

  • Experience related to services (200 points/40%);
  • Written proposal/test AND/OR interview result (200 points/40%); 
  • Expertise & Availability (100 points/20%).

Competencies

  • Demonstrates integrity by modeling the UN’s values and ethical standards;
  • Promotes the vision, mission, and strategic goals of UNDP;
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
  • Treats all people fairly without favoritism;
  • Builds strong relationships with clients, focuses on impact and result for the client and responds positively to feedback;
  • Consistently approaches work with energy and a positive, constructive attitude;
  • Demonstrates openness to change and ability to manage complexities;
  • Demonstrates strong oral and written communication skills; 
  • Remains calm, in control and good humored even under pressure;
  • Proven networking, team-building, organizational and communication skills.

Required Skills and Experience

Academic Qualifications:

  • At least a Master’s degree, preferably in the fields of law, gender equality and human rights, development or social sciences.

Years of experience:

  • Minimum 10 years of relevant work experience, particularly in the area of women’s access to justice, with strong knowledge of land and property issues, preferably in the Asia-Pacific region;
  • In-depth expertise in designing and implementing multi-country research and/or other interventions on women’s access to justice and/or access to land and property, preferably within the Asia-Pacific region;
  • Proven experience in undertaking research and/or project implementation through consultative, participatory and gender-responsive processes (including workshop organization and facilitation) a prerequisite;
  • Connection to relevant networks and institutions in the Asia-Pacific region a strong advantage;
  • Former experience in programme development with UN/UNDP an asset;
  • Excellent written and verbal communication skills as well as strong analytical skills and a pragmatic solution-oriented approach required.

Language skills:

  • Fluency in English. Working knowledge of regional languages is a merit.