Background

Transgender people identify as members of a gender other that to which society has assigned them. They desire to live and be accepted as members of that gender. Throughout much of the world, transgender people experience daily stigma, prejudice, discrimination, harassment and abuse. In many places they live in fear of transphobic violence. Each of these alone or in combination often lead to poor emotional health and wellbeing, and drive transgender people towards the margins (social, economic and legal) of their communities, and into situations (including sex work) and behaviour patterns (including unsafe sex) that put them at risk (including sexually transmitted infections). The violations experienced by transgender people are broad-ranging and varied, from laws against cross-dressing, to denial of health care, to discrimination in employment and housing.

Gender recognition laws, and the rights and health issues surrounding them, are currently a matter for public debate across much of the world. Recent authoritative reports in this area include those by Amnesty International (analysing gender recognition laws across Europe), Open Society Foundations (analysing gender recognition laws worldwide), and by seven UN agencies opposing forced and coerced sterilization perpetrated upon, among others, transgender people where applied as a prerequisite for gender recognition. A recent policy statement by the American Medical Association has registered its opposition to the use of surgery of any kind where used as a prerequisite for recognition.

In May 2010 , the Member States at the UN Economic and Social Commission for Asia and the Pacific (ESCAP) adopted Resolution 66/10 noting that HIV epidemics in the region chiefly affect transgender people, sex workers, men who have sex with men, and people who inject drugs, and that an effective response requires working closely with these populations. The following year, in May 2011, UNESCAP Member States adopted Resolution 67/9   governing the Member States to undertake a review of national laws, policies, and practices with a view to eliminate all forms of discrimination against people already living with HIV or at risk of infection, in particular key populations, including transgender people.

From 28 to 30 January 2015, the Asia-Pacific Intergovernmental Meeting on HIV and AIDS was convened by ESCAP, in cooperation with UNDP and UNAIDS other relevant United Nations entities, at the United Nations Conference Centre in Bangkok. The Meeting endorsed the Regional Framework for Action on HIV and AIDS beyond 2015, calling for greater regional cooperation to accelerate progress towards meeting the global commitments and increased collaboration among government ministries, including health, justice, law enforcement, drug control and social protection, in partnership with civil society and key populations (including transgender people, men who have sex with men, people who inject drugs, and sex workers and their clients).

Leveraging on the Global Commission on HIV and the Law’s recommendations on transgender rights and on the international community recent calls to legally recognize the gender identity of transgender people and end forced sterilization, UNDP together with the Centre for Comparative and Public Law of the University of Hong Kong is organizing a High Level Roundtable on Gender Identity, Rights & the Law taking place in Hong Kong on 2 October 2014, to advance transgender people’s rights in Asia and the Pacific and move the agenda related to gender recognition forward. One of the outcomes of this High Level Roundtable would be the development of an UNDP Discussion Paper on Legal Gender Recognition.

UNDP has lead the UN family in working on sexual diversity issues, including through the work of the Global Commission on HIV & the Law, which convened a high level panel of 15 former heads of states, senior politicians, apex court judges and other experts to examine laws and policies that impact on HIV, including laws prohibiting same-sex relations and discrimination on the basis of sexual orientation and gender identity. Through its cross practice programmes, UNDP and its UN partners work to increases access to public and social services including access to justice for marginalized populations, including sexual minorities.

Transgender people identify as members of a gender other that to which society has assigned them. They desire to live and be accepted as members of that gender. Throughout much of the world, transgender people experience daily stigma, prejudice, discrimination, harassment and abuse. In many places they live in fear of transphobic violence. Each of these alone or in combination often lead to poor emotional health and wellbeing, and drive transgender people towards the margins (social, economic and legal) of their communities, and into situations (including sex work) and behaviour patterns (including unsafe sex) that put them at risk (including sexually transmitted infections). The violations experienced by transgender people are broad-ranging and varied, from laws against cross-dressing, to denial of health care, to discrimination in employment and housing.

Gender recognition laws, and the rights and health issues surrounding them, are currently a matter for public debate across much of the world. Recent authoritative reports in this area include those by Amnesty International (analysing gender recognition laws across Europe), Open Society Foundations (analysing gender recognition laws worldwide), and by seven UN agencies opposing forced and coerced sterilization perpetrated upon, among others, transgender people where applied as a prerequisite for gender recognition. A recent policy statement by the American Medical Association has registered its opposition to the use of surgery of any kind where used as a prerequisite for recognition.

In May 2010 , the Member States at the UN Economic and Social Commission for Asia and the Pacific (ESCAP) adopted Resolution 66/10 noting that HIV epidemics in the region chiefly affect transgender people, sex workers, men who have sex with men, and people who inject drugs, and that an effective response requires working closely with these populations. The following year, in May 2011, UNESCAP Member States adopted Resolution 67/9   governing the Member States to undertake a review of national laws, policies, and practices with a view to eliminate all forms of discrimination against people already living with HIV or at risk of infection, in particular key populations, including transgender people.

From 28 to 30 January 2015, the Asia-Pacific Intergovernmental Meeting on HIV and AIDS was convened by ESCAP, in cooperation with UNDP and UNAIDS other relevant United Nations entities, at the United Nations Conference Centre in Bangkok. The Meeting endorsed the Regional Framework for Action on HIV and AIDS beyond 2015, calling for greater regional cooperation to accelerate progress towards meeting the global commitments and increased collaboration among government ministries, including health, justice, law enforcement, drug control and social protection, in partnership with civil society and key populations (including transgender people, men who have sex with men, people who inject drugs, and sex workers and their clients).

Leveraging on the Global Commission on HIV and the Law’s recommendations on transgender rights and on the international community recent calls to legally recognize the gender identity of transgender people and end forced sterilization, UNDP together with the Centre for Comparative and Public Law of the University of Hong Kong is organizing a High Level Roundtable on Gender Identity, Rights & the Law taking place in Hong Kong on 2 October 2014, to advance transgender people’s rights in Asia and the Pacific and move the agenda related to gender recognition forward. One of the outcomes of this High Level Roundtable would be the development of an UNDP Discussion Paper on Legal Gender Recognition.

UNDP has lead the UN family in working on sexual diversity issues, including through the work of the Global Commission on HIV & the Law, which convened a high level panel of 15 former heads of states, senior politicians, apex court judges and other experts to examine laws and policies that impact on HIV, including laws prohibiting same-sex relations and discrimination on the basis of sexual orientation and gender identity. Through its cross practice programmes, UNDP and its UN partners work to increases access to public and social services including access to justice for marginalized populations, including sexual minorities.

Duties and Responsibilities

Objective of assignment:

  • Provide a comprehensive desk review of existing academic articles, peer-reviewed articles, policy advocacy publications, jurisprudence, legislations and other relevant materials related to transgender persons in Asia and the Pacific;
  • Analyse and write an UNDP Discussion Paper on Legal Gender Recognition voicing transgender community concerns and providing health and legal recommendations for the adoption of supportive legislation, including recognizing third gender identity, without violating the fundamental human rights and body integrity of transgender persons;
  • The UNDP Discussion Paper would also provide best practices and examples of supportive legislations which could be adopted in Asia and the Pacific.

The selected candidate will be a member of the study team consisting of the following:

  • International Consultant with Law, Rights and Health Background to Co-ordinate and Produce a Multi-Country Legal and Policy Review on Transgender Legal Gender Recognition in Asia-Pacific;
  • International Consultant with Human Rights and Transgender Community Background to Co-ordinate and Produce a Multi-Country Legal and Policy Review on Transgender Legal Gender Recognition in Asia-Pacific;
  • National consultants (8).

Scope of Work:

  • Submit a research methodology, in particular ensuring that transgender people’s perspectives, lived realities and manifestation of their human rights are properly reflected through the implementation of this project;
  • Analyse the discussions and findings generated at the UNDP High Level Roundtable on Gender Identity, Rights & the Law (Hong Kong) and other related regional processes;
  • Conduct a Literature review and analyse of existing materials and the evidence base generated on Transgender persons in Asia and the Pacific;
  • Develop a legal and policy assessment guide on legal gender identity recognition and ensure that regional perspectives are integrated;
  • Assist UNDP establish country-based review processes, ensuring civil society involvement and expertise is secured; and the impact of current laws and policies on trans people’s lives are included in national assessment processes;
  • Produce country specific national briefs;
  • Assist UNDP convene a regional review meeting of the process and report.

Finalize a cross country analysis and develop a regional report. In particular, ensuring there is a comprehensive analysis of sub regional specificities, trans community perspectives and the extent to which their human rights are respected and protected; the discussion paper should include the following:

  • Clear, concrete findings voicing transgender community concerns;
  • Identify health and legal concerns related to the recognition of third gender identity;
  • Provide clear legal and policy recommendations for supportive legislations recognizing third gender identity without violating the fundamental rights and body integrity of transgender persons;
  • Provide best practices and examples of supportive legislations which could be adopted in the Asia-Pacific context.

Competencies

Functional Competencies:

  • Strong knowledge of health issues relating to transgender community concerns;
  • Strong knowledge of health rights and transgender rights.
  • Strong expertise on health, development, policy, and research;
  • Excellent understanding of transgender health and rights issues, globally and in Asia-Pacific;
  • Experience as a published author/essayist, writing books/reports issues of transgender community, sexual and reproductive health law and policy, human rights and development;
  • Demonstrated experience in the design and implementation of multi-country, multi-stakeholder research project;
  • Previous publications with UN, government and multilateral organization on transgender inclusion and rights;
  • Previous experience working with government, NGOs or intergovernmental agencies.

Client Orientation

  • Contributing to positive outcomes for the client;
  • Anticipates client needs;
  • Works towards creating an enabling environment for a smooth relationship between the clients and service provider;
  • Demonstrates understanding of client’s perspective.

Promoting Organizational Learning and Knowledge Sharing: 
Developing tools and mechanisms

  •  Makes the case for innovative ideas documenting successes and building them into the design of new approaches;
  • Identifies new approaches and strategies that promote the use of tools and mechanisms.

Core Competencies:

  • Promoting ethics and integrity, creating organizational precedents;
  • Building support and political acumen;
  • Building staff competence, creating an environment of creativity and innovation;
  • Building and promoting effective teams;
  • Creating and promoting enabling environment for open communication;
  • Creating an emotionally intelligent organization;
  • Leveraging conflict in the interests of UNDP & setting standards;
  • Sharing knowledge across the organization and building a culture of knowledge sharing and learning;
  • Promoting learning and knowledge management/sharing is the responsibility of each staff member;
  • Fair and transparent decision making; calculated risk-taking.

Required Skills and Experience

Education:

  • Advanced university degree (Master or PhD) in law, human rights, public health, development, or related field.

Experience:

  • Over 15 year’s professional experience in research, report writing and editing.

Language:

  • Fluency in English is required.

Duration of Assignment: 12 months during 1 September 2015 to 31 August 2016 with maximum of 90 working days

Duty Station and expected place of Travel: Home based with travel to Pakistan (Lahore), Nepal (Kathmandu), India (Mumbai), Bangladesh (Dhaka), Thailand (Bangkok), China (Beijing), Indonesia (Jakarta) and the Philippines (Manila). Travel will be coordinated with the co-consultant and approved by the UNDP Policy Advisor.

Upon receipt of the country engagement plan, UNDP will directly facilitate travel and Living allowance for the consultant(s).

UNDP may arrange air ticket or the Individual Contractor may need to arrange air ticket by his/her own and the Economy Air Ticket Cost shall be reimbursed at actual but not exceed the price quoted by UNDP’s travel agent. The Individual Contractor shall receive living allowance and Terminal Expenses in locations as assigned according to UNDP Rules and regulations. The living allowance rate in locations shall be agreed prior to travel.

Final Products:

  • Study methodology/outline;
  • Literature review;
  • Legal and policy assessment guide on legal gender recognition;
  • Eight national briefs;
  • Submission to Peer Review Journal (i.e. TSQ: Transgender Studies Quarterly);
  • Final UNDP Discussion Paper (30-50 pages) on Legal Gender Recognition in the Asia-Pacific context.

 Provision of Monitoring and Progress Control

The two International Consultants will work closely with the UNDP Policy Advisor, HIV, Human Rights, Law & Sexual Diversities and UNDP Human Rights & Advocacy Officer to finalize the final products.  The two consultants will be supervised by UNDP Policy Advisor, HIV, Human Rights, Law & Sexual Diversity.

Payment schedule:

  • 10% of payment upon signing;
  • 20% of payment upon satisfactorily receipt of the research methodology and country engagement plans;
  • 30% of payment upon satisfactorily receipt of First draft of the legal and policy assessment;
  • 20% of payment upon satisfactorily receipt of First draft of the Discussion Paper and country briefs;
  • 20% of payment upon satisfactorily receipt of Final draft of the Discussion Paper.

Documents to be included when submitting the proposals

Interested individuals must submit the following documents /information to demonstrate their qualification, experience and suitability to undertake the assignment.  All below supporting documents  must be part of the detailed CV and uploaded as one document

  • Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP;
  • Personal CV or P.11, indicating all past experience from similar projects, as well as the contact details email and telephone number) of the Candidate and at least three (3) professional references;
  • Brief description of why the individual considers him/herself as the most suitable for the assignment
  • 4. Financial Proposal that indicates the all-inclusive fixed total contract price supported by a breakdown of costs, as per template provided.  If an Offeror is employed by an organization/company/institution, and he/she expects his/her employer to charge a management fee in the process of releasing him/her to UNDP under Reimbursable Loan Agreement (RLA), the Offeror must indicate at this point, and ensure that all such costs are duly incorporated in the financial proposal submitted to UNDP.

 UNDP P.11 Form can be downloaded from http://www.undp.org/content/dam/undp/library/corporate/Careers/P11_Personal_history_form.doc

Financail Proposal:

Professional Fee:

The contract will be based on Lump sum payment including Professional Fee.

The financial proposal will specify the Lump sum professional Fee (with breakdown of daily fee x number of working day) in US Dollar). The payments will be made to the Individual Consultant based on the completion of the deliverables indicated in the TOR.  To submit Financial Proposal, please use Template of Submission of Financial Proposal Template provided in Annex IV.

Travel

UNDP may arrange air ticket or the Individual Contractor may need to arrange air ticket by his/her own and the Economy Air Ticket Cost shall be reimbursed at actual but not exceed the price quoted by UNDP’s travel agent. The Individual Contractor shall receive living allowance and Terminal Expenses in locations as assigned according to UNDP Rules and regulations. The living allowance rate in locations shall be agreed prior to travel.

Evaluation

The award of the contract will be made to the individual consultant whose offer has been evaluated and determined as:

  • a) Responsive/compliant/acceptable, and
  • b) 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.

Detail can be found on website: http://procurement-notices.undp.org/view_notice.cfm?notice_id=23124