UNDP Jobs - 63666- National Consultant to Conduct a Legal & Policy As

National Consultant to Conduct a Legal & Policy Assessment on Legal Gender Identity Recognition in the Philippines

Location :

Makati, PHILIPPINES

Type of Contract :

Individual Contract

Starting Date :

05-Feb-2016

Application Deadline :

15-Feb-16 (Midnight New York, USA)

Post Level :

National Consultant

Duration of Initial Contract :

Four (4) Months

Languages Required :

English

Expected Duration of Assignment :

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

Legal gender recognition for transgender people is currently a matter of public debate across the world. Where States fail to offer legal gender recognition for transgender people, or make gender recognition conditional upon requirements, such as compulsory surgery, sterilization, lengthy medical evaluations and waiting periods, divorce; transgender people’s well-being and the enjoyment of their human rights is jeopardized. Laws, regulations and policies (or the lack of them) can lead to discrimination, stigma. Violence and ill-health in many areas of trans people’s life, including employment, access to health care, housing, education and access to custody of children.

In 2006, the landmark Yogyakarta conference on the “Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity” outlined the international human rights standards relating to SOGI, known as the Yogyakarta Principles. Since then, the rights of transgender people are increasingly being given greater attention in the international human rights system. The UN Human Rights Council Joint Statements of 2006 and 2011 and the resolution on SOGI issues in 2011 are notable examples of how this has happened. Furthermore, the final report of the Global Commission on HIV and the Law and the UN Economic and Social Commission for Asia and the Pacific Resolutions 66/10 and 67/9 recommended that punitive and restrictive laws and policies targeting LGBT communities be scrapped to reduce levels of social stigma, discrimination and violence.

In many countries across Asia and the Pacific there is an ongoing debate on the need for comprehensive laws, regulations and policies that respect transgender people’s needs and rights in relation to legal gender recognition. In others countries such a debate and dialogue with relevant stakeholders is non-existent.

Most recently, UNDP together with the Centre for Comparative and Public Law of the University of Hong Kong organized a High Level Roundtable on Gender Identity, Rights & the Law that took 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 the High Level Roundtable and follow up discussions is this proposal to conduct in-depth legal and policy reviews in selected countries in the region, initiate and/or contribute to multi-stakeholder dialogues nationally and regionally and develop a discussion paper and action plan on legal gender identity recognition in the region.

This legal and policy review is supported by the ‘Being LGBTI in Asia’ programme and Multi-Country South Asia Regional HIV programme. The ‘Being LGBT in Asia’ programme was launched in order to advance the human rights, inclusion, health and well-being of marginalized LGBTI people in the Asia-Pacific Region. The programme is a joint-initiative supported by the United Nations Development Programme (UNDP), the Embassy of Sweden in Bangkok and the USAID Regional Development Mission Asia. The MSA Programme supports national-level community-based organizations to reduce the impact of and vulnerability to HIV among men who have sex with men and transgender people through a number of channels, including undertaking policy and advocacy work, strengthening services (HIV prevention, care and support) provision and building organizational capacity. The programme is funded by a grant from the Global Fund to fight AIDS, Malaria and Tuberculosis, and UNDP Asia-Pacific Regional Centre serves as Principal Recipient for the grant

Expected outputs and deliveries

The Consultant is expected to produce the following deliverables:

A country report that consists of a comprehensive assessment and analysis of laws, regulations and policies on legal gender identity recognition, their implementation and impact in the Philippines based on an Assessment Tool provided by UNDP;
A country legal and policy assessment report on legal gender identity recognition, its implementation and impact on trans people’s wellbeing and the enjoyment of their human rights, based on a report template provided by UNDP; that identifies good practices and specific barriers;
Contribution to the development of a comprehensive multi-stakeholder dialogue on legal gender identity recognition in the country (as an integral part of the project), in collaboration with the regional project coordinator from the UNDP Regional Office, and the UNDP country office (or another designated UNDP national partner).

Institutional arrangements

The Consultant shall work in collaboration with UNDP Democratic Governance Team and UNDP Bangkok Regional Hub.

The UNDP CO in coordination with UNDP BRH shall directly supervise the Consultant and his/her output shall be approved and accepted by the UNDP Democratic Governance Team. The UNDP CO shall provide administrative and logistical support to the Consultant particularly in convening meetings/round table discussions/focus group discussions and/or in visiting sites, if necessary.

Duration of the work

The expected duration of engagement is 20 days during the period of four months between 22 February 2016 to 15 May 2016. Some travel may be required. The Consultant will be requested to include Saturdays within the period of engagement as work days, as the need arises.

Duties and Responsibilities

To conduct a comprehensive legal and policy assessment of legal gender identity recognition in the Philippines:

Based on an assessment guide provided by UNDP,provide an in-depth review of laws, regulations and policies related to gender identity recognition in the Philippines, as part of a multi-country project on legal gender identity recognition in the Asia Pacific Region;
Analyze whether the identified laws, regulations, policies respect and protect transgender people’s human rights and their wellbeing, and identify good practices and barriers;
Assess and analyze the implementation and practical implications of laws, policies (or customary practices), including to assess the lived reality of transgender people, related to legal gender identity recognition and identify good practices and barriers;
Identify key stakeholders that are responsible for the developmentand implementation of laws and policies with regard to legal gender identity recognition in the country;
Build collaboration with civil society actors, responsible stakeholders and other relevant actors and potential partners (OHCHR; APF; WHO; UNFPA; others) in the country;
Contribute to the development or further refinement of existing action plans with a variety of national actors, including civil society, government, human rights institutions, medical professional associations, and other relevant stakeholders in the country;
Based on a template provided by UNDP, produce a country report that can serve as a tool for strategic action planning in the country and can be used for a cross-country comparative analysis on legal gender identity recognition in the country.

Competencies

Corporate Competencies:

Demonstrates commitment to UNDP’s mission, vision and values;
Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
Highest standards of integrity, discretion and loyalty.

Functional / Technical Competencies:

Strong knowledge of the latest theories and concepts in urban development and sustainable cities in the Philippines and broader region;
Strong analytical and research skills;
Familiarity with current actors working on urban development challenges in the Philippines;
Strong communication skills and ability to communicate with different stakeholders;
Excellent in oral and written communication; have skills to write independent reports, documents, maintain systems and procedures in administering programs.

Required Skills and Experience

Education:

Must be a graduate of law or have advanced university degree/Masteral degree in a field relevant to gender and human rights.

Experience:

A minimum of five (5) years experience in conducting research on development issues, particularly gender recognition.
Substantive experience in assessing and analyzing laws, regulations and policiesfrom a human rights perspective;
In depth knowledge of transgender issues and human rights;
Excellent facilitation skills with experience in leading multi-stakeholder discussions;
In depth knowledge of transgender people’s human rights in the country including the practical impact of existing laws, policies and/or legal decisions.

Skills:

Accurately and comprehensively identifying and analyzing laws, regulations, policies and jurisprudence related to legal gender recognition (including civil, criminal, health, administrativeand other laws, regulationsand policies where relevant);
The capacity of initiating and contributing to multi-stakeholder dialogues, particularly with transgender communities;
Knowledge about the UN system and process an advantage.

Language:

Very good command of oral and written English.

Criteria for selection process

The offer will evaluated based on the Combined Scoring method – where the qualifications and methodology will be weighted a max. of 70%, and combined with the price offer which will be weighted a max of 30%.

Application requirements:

Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP;
Personal CV or P11, 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.

Application requirements should be emailed to procurement.ph@undp.org and registry.ph@undp.org on or before 15 February 2016.