Background

The ‘Being LGBTI in Asia’ initiative is a regional partnership between UNDP, USAID and the Swedish Embassy in Bangkok. The initiative is aimed at advancing the well-being of lesbian, gay, bisexual, transgender and intersex (LGBTI) people, and reducing inequality and marginalization on the basis of sexual orientation or gender identity. The initiative is a collaboration with civil society, and engages with national and regional institutions to advance protective policies and practices, and empower civil society. It supports policy and operational research, and strategy development with key populations and a range of stakeholders at national and regional level.

Employment discrimination may begin with unsafe or exclusionary access to education and training that limits the educational attainment and subsequent roles available to LGBTI persons. Discrimination often continues at employment entry level during the application and interview stage. LGBTI applicants may be rejected due to non-gender conforming appearance, discordance between their gender identity and the gender shown on documentation as well as invasive questions about sexuality, gender identity or sex characteristics not experienced by their non-LGBTI colleagues.

LGBTI discrimination can also occur while LGBTI persons are already engaged in employment. This discrimination can be perpetuated by both colleagues and supervisors and can manifest in numerous ways including a hostile work environment, bullying, strict dress policies based on gender, dismissal and denial of opportunity for career progression. LGBTI workers who have same-sex partners or who have partners who are gender non-conforming rarely enjoy the same benefits as married heterosexual or cisgender couples.

LGBTI workers may not be represented in government structures, employer’s organizations and trade unions, and their particular interests are rarely the subject of social dialogue or considered in bilateral collective bargaining agreements. Consequently when they encounter harassment, bullying and hostile work environments, the avenues for workplace dispute resolution around such issues may be limited.

Globally LGBTI populations are underrepresented in studies examining workplace discrimination. Most data, reports and studies on the issue come from developed countries and within the Asia-Pacific region study in this area is in its infancy and specific literature on the four programmatic countries is lacking in quantity. China, Indonesia and the Philippines have all ratified the ILO Convention concerning Discrimination in Respect to Employment and Occupation and Thailand recently enacted the Gender Equality Act B.E. 2558 which is inclusive of LGBTI identities and provides protection from employment discrimination.  However, employment discrimination against LGBTI people remains widespread in each of these countries.

In order to address the research gap and in accordance with the objectives of the BLIA initiative to widen the evidence-base on LGBTI-related issues and address stigma and discrimination in the private sector, the research consultant will be responsible for undertaking a comprehensive research study on access to employment for LGBTI people and employment discrimination based on sexual orientation, gender identity and intersex status in China, Indonesia, the Philippines and Thailand.

The proposed research study is part of a wider UNDP strategy to address discrimination against marginalized groups and ensure development practices are representative and inclusive. The final report of the Global Commission on HIV and the Law and the UN Economic and Social Commission for Asia and the Pacific (ESCAP) Resolutions 66/10 and 67/9 recommended that punitive and restrictive laws and policies targeting vulnerable communities be removed to reduce levels of social stigma, discrimination and violence. Additionally, the ILO recommendation concerning the World of Work, 2010 (N0.200) calls on ILO member States to promote involvement and empowerment of all workers regardless of sexual orientation and whether or not they belong to a vulnerable group.

UNDP is the UN's global development network advocating for change and connecting countries to knowledge, experience and resources to help people build a better life. UNDP’s vision is to support countries in achieving the simultaneous eradication of poverty and significant reduction of inequalities and exclusion.

The ‘Being LGBTI in Asia’ initiative is a regional partnership between UNDP, USAID and the Swedish Embassy in Bangkok. The initiative is aimed at advancing the well-being of lesbian, gay, bisexual, transgender and intersex (LGBTI) people, and reducing inequality and marginalization on the basis of sexual orientation or gender identity. The initiative is a collaboration with civil society, and engages with national and regional institutions to advance protective policies and practices, and empower civil society. It supports policy and operational research, and strategy development with key populations and a range of stakeholders at national and regional level.

Employment discrimination may begin with unsafe or exclusionary access to education and training that limits the educational attainment and subsequent roles available to LGBTI persons. Discrimination often continues at employment entry level during the application and interview stage. LGBTI applicants may be rejected due to non-gender conforming appearance, discordance between their gender identity and the gender shown on documentation as well as invasive questions about sexuality, gender identity or sex characteristics not experienced by their non-LGBTI colleagues.

LGBTI discrimination can also occur while LGBTI persons are already engaged in employment. This discrimination can be perpetuated by both colleagues and supervisors and can manifest in numerous ways including a hostile work environment, bullying, strict dress policies based on gender, dismissal and denial of opportunity for career progression. LGBTI workers who have same-sex partners or who have partners who are gender non-conforming rarely enjoy the same benefits as married heterosexual or cisgender couples.

LGBTI workers may not be represented in government structures, employer’s organizations and trade unions, and their particular interests are rarely the subject of social dialogue or considered in bilateral collective bargaining agreements. Consequently when they encounter harassment, bullying and hostile work environments, the avenues for workplace dispute resolution around such issues may be limited.

Globally LGBTI populations are underrepresented in studies examining workplace discrimination. Most data, reports and studies on the issue come from developed countries and within the Asia-Pacific region study in this area is in its infancy and specific literature on the four programmatic countries is lacking in quantity. China, Indonesia and the Philippines have all ratified the ILO Convention concerning Discrimination in Respect to Employment and Occupation and Thailand recently enacted the Gender Equality Act B.E. 2558 which is inclusive of LGBTI identities and provides protection from employment discrimination.  However, employment discrimination against LGBTI people remains widespread in each of these countries.

In order to address the research gap and in accordance with the objectives of the BLIA initiative to widen the evidence-base on LGBTI-related issues and address stigma and discrimination in the private sector, the research consultant will be responsible for undertaking a comprehensive research study on access to employment for LGBTI people and employment discrimination based on sexual orientation, gender identity and intersex status in China, Indonesia, the Philippines and Thailand.

The proposed research study is part of a wider UNDP strategy to address discrimination against marginalized groups and ensure development practices are representative and inclusive. The final report of the Global Commission on HIV and the Law and the UN Economic and Social Commission for Asia and the Pacific (ESCAP) Resolutions 66/10 and 67/9 recommended that punitive and restrictive laws and policies targeting vulnerable communities be removed to reduce levels of social stigma, discrimination and violence. Additionally, the ILO recommendation concerning the World of Work, 2010 (N0.200) calls on ILO member States to promote involvement and empowerment of all workers regardless of sexual orientation and whether or not they belong to a vulnerable group.

UNDP is the UN's global development network advocating for change and connecting countries to knowledge, experience and resources to help people build a better life. UNDP’s vision is to support countries in achieving the simultaneous eradication of poverty and significant reduction of inequalities and exclusion.

Duties and Responsibilities

Objective of assignment and Scope of Work

To conduct a review of access to employment for LGBTI people and the types and prevalence of employment discrimination on the basis of sexual orientation, gender identity and intersex status. The study will include a desk review of available research, and an analysis from quantitative and qualitative research gathered from national focus group discussions and online surveys. The research will investigate the extent and forms of employment discrimination experienced by LGBTI people in the workplace and in accessing employment. It will also document challenges, good practice and ways forward for tackling LGBTI employment discrimination in each country and will provide a comprehensive baseline for further work on employment discrimination in the region.

Competencies

Functional Competencies:

  • Advanced knowledge of SOGIE and intersex issue;
  • Demonstrated knowledge of employment and labour issues;
  • Previous experience working with the UN, development partners, and civil society organizations.

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:

  • An advanced degree (Masters Level) in Human Rights, Law, Sociology, or other relevant field.

Experience:

  • At least 10 years of relevant experience.

Language:

  • Proficiency in oral and written English.

Final Products

The Consultant is expected to produce the following deliverables:

  • Research Methodology and Work plan Outline produced;
  • National online survey designed;
  • Survey  conducted and data analysis completed in four countries;
  • 4 Documented National Level Focus Group Discussions held;
  • 4 National level research briefs produced;
  • Regional Research study produced incorporating available research, as well as primary quantitative and qualitative data on LGBTI employment discrimination;
  • 1 peer reviewed journal article submitted.

 Provision of Monitoring and Progress Control

The consultant will directly report to the Policy Advisor based in the UNDP Bangkok Regional Hub. The Policy Advisor with support from the ILO Reginal Advisor will communicate and work closely with the consultant to ensure timely delivery of expected outputs.

For detailed information, please refer to Annex I: Term of Reference (TOR)

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;
  • 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.

Financial Proposal

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 days). 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.

Any required travel related to the assignment will be agreed with UNDP separately and compensated according to UNDP rules and regulations.  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

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

Please find more details on website: http://procurement-notices.undp.org/view_notice.cfm?notice_id=25650