National Consultant to Develop the Roadmap to Reform the Law on Prevention of Domestic Violence and Protection of Victims (DV Law)



Advertised on behalf of :

Location : Home-based, Phnom Penh, and missions to the provinces, CAMBODIA
Application Deadline :02-Oct-22 (Midnight New York, USA)
Time left :7d 15h 37m
Type of Contract :Individual Contract
Post Level :National Consultant
Languages Required :
English  
Starting Date :
(date when the selected candidate is expected to start)
15-Oct-2022
Duration of Initial Contract :4 months
Expected Duration of Assignment :4 months


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

I. Background

UN Women, grounded in the vision of equality enshrined in the Charter of the United Nations, works for the elimination of discrimination against women and girls; the empowerment of women; and the achievement of equality between women and men as partners and beneficiaries of development, human rights, humanitarian action and peace and security.

The UN Women Cambodia Country Office (CCO) Strategic Note (SN) 2019-2023 focuses on three key priorities to advance gender equality and women’s empowerment (GEWE). The first priority is to strengthen government capacity and accountability to integrate international norms and commitments (CEDAW, SDGs, Beijing PfA, Sendai) into national legislative and regulatory frameworks, including supporting dialogue and CSO engagement in accountability for GEWE commitments.  The second area of focus is Ending Violence Against Women where CCO’s focus includes creating an enabling environment to prevent, respond to and prosecute all forms of GBV as well as ensuring that marginalised women who experience violence, including women migrant workers, access services and protections.  Thirdly, CCO works to enhance gender responsiveness in climate change action and Disaster Risk Reduction (DRR).  A focus on empowerment, women’s leadership, challenging negative gender norms and leaving no one behind runs through the programme.

In Cambodia, an estimated 1 in 5 women[1] report having experienced physical and/or sexual violence by an intimate partner in their lifetime, and 4 percent of women report having experienced sexual violence by a non-partner after the age of 15.[2]  The COVID 19 pandemic is increasing the risk for these already high rates of violence against women (VAW). Initially the direct impact of COVID-19 and the number of cases was low to date in numbers to date with indirect impacts increasing stressors on families due to impact to a downturn in key economic sectors, returning migrant workers (both nationally and internationally). However, in February 2021, community spread of COVID 19 began with an increase from about 500 identified cases to an estimated 128,000 in February 2022. This increased burden on the health and response systems, coupled with financial constraints, increased care burdens, and school closures, are increasing stress and women are at risk of higher levels of violence and putting strains on the already inadequate response systems. 

UN Women’s EVAW Programme in Cambodia is aligned with UN Joint Global Programme (JP)—the Essential Services Package for Women and Girls Subject to Violence (ESP). In 2019, as part of Phase II of the Joint Programme, under the Ministry of Women’s Affairs (MoWA) leadership and with the support of UN Women, the third National Action Plan to Prevent Violence against Women 2019-2023 (3rd NAPVAW) was drafted. The 3rd NAPVAW was adopted by the councils of ministers in 2020 and launched in January 2021 with the overarching goal to reduce violence against all women and girls, including those at increased risk or with challenges in accessing services through increased prevention interventions, improved response, such as increased access to quality multi-sectoral services, and multi-sectoral coordination and cooperation. Four key areas have been identified as primary areas of focus:1) Prevention; 2) Legal Protection and Multi-Sectoral Services; 3) Formulation and Implementation of Laws and Policies; and 4) Review, Monitoring and Evaluation.

UN Women Cambodia is currently implementing the ACCESS project title “Supporting Implementation of the 3rd NAPVAW in Cambodia” funded by the Australian Government Department of Foreign Affairs and Trade (DFAT). The project builds on the partnership with the Ministry of Women’s Affairs (MOWA) which aims to improve MOWA capacity for implementing minimum service standards and informing laws that better prevent, respond to, and prosecute all forms of gender-based violence and to hold Technical Working Group on Gender – Gender-Based Violence (TWGG-GBV) members accountable for the coordinated implementation of the NAPVAW III at national, and subnational levels through improved planning, reporting, monitoring and evaluation processes.

While the 2005 Law on the Prevention of Domestic Violence and the Protection of Victims (DV Law) marked an important advance in addressing violence against women in Cambodia, the reality is that many of its provisions have been found to fall short of international standards, compromising its effectiveness in providing protection to victims and in holding perpetrators accountable. Research has shown that in practice victims seeking redress have limited access to justice impacted by such factors as economic barriers and social norms that promote a tolerance of violence.[3] In the 3rd NAPVAW, the TWGG-GBV has prioritized a review of the DV Law to guide a strategy for its revision. This is included ensuring that the law and its implementation address the needs of marginalized groups or groups with challenges accessing services, such as women migrant workers, LGBTIQ women, ethnic minorities, women with disabilities, older women, and others marginalised by occupation. Initial steps have been taken to conduct internal analysis of the existing challenges; however, no clear path or strategy has been developed to guide the reform priorities. The planned action is in line with the CEDAW Concluding Observation (CEDAW COB) 9a, 9b related to improvement of the legislative framework and 25 b to “undertake a comprehensive review of the DV law and amends its provisions to define, prohibit and criminalise all forms of gender-based violence, including domestic violence and marital rape, to facilitate the process of obtaining protection orders and to ensure that victims/survivors of domestic violence have access to effective remedies and that perpetrators are held accountable.”[4]

UN Women Cambodia is seeking the services of local consultant with EVAW and legal expertise to provide technical expertise and policy advice to the Ministry of Women’s Affairs and TWGG-GBV to develop the roadmap to reform the Law on Prevention of Domestic Violence and Protection of Victims. Under the direct supervision of the Country Programme Coordinator and working in close collaboration with MOWA and EVAW Programme team, the consultant will serve as a lead technical consultant ensuring the insights on identified priorities with key actions are capture and providing an outline with clear process required for reforming/amend the DV law.

 

[1] aged 15-64 who have ever been in a relationship

[2] National Institute of Statistics, Ministry of Women’s Affairs, UN Women, World Health Organization (2015). National Survey on Women’s Health and Life Experiences Report. Phnom Penh.

[3] K. Bricknell (2014). The Gap Between Legislation and Practice. London: Royal Holloway University of London.

[4] Cambodian National Council for Women, UN Women (2019). 57 Concluding Observations on the sixth periodic report on the implementation of the Convention on the Elimination of All Forms of Discrimination Against Women in Cambodia.


Duties and Responsibilities

II. Duties and responsibilities 

The Consultant will work under the supervision of the Country Programme Coordinator and will work in close collaboration with UN Women Cambodia programme team, primarily the EVAW team, and the Ministry of Women’s Affairs to undertake the tasks outlined below:

A. Provision of the technical assistance and legal expertise to develop a roadmap for reforming/amend the DV law

  1. Conduct desk review and analysis of good practice guidance on legislation to end violence against women, existing analysis and research on the current DV Law’s compliance with international legal framework, especially CEDAW and Concluding Observation, any research on the effectiveness of the DV Law’s implementation, and the DV Law and other relevant resources identified in the desk review process.
  2. Coordinate and facilitate the consultations to document and identify further insights on challenges and priorities for reform from those who are the subject of the DV law and law implementers such as women survivors including those in at-risk or marginalised groups, legal actors, including judicial police and prosecutors, CSO service providers, members of TWGG-GBV, and GBV Working Groups.
  3. Based on analysis of the desk review and stakeholder consultations, develop the roadmap for reforming/amending the DV law with substantive recommendations and clear guidance/process on how to reform/amending the DV law. The roadmap shall also identify priorities of the DV law to be amended. Write a summary report that captures achievements of the assignment, observations and lessons learnt from the process. 

III. Expected deliverables and timelines 

No.

Tasks and Deliverables

Target Dates

1

1st Deliverable

  • Develop the Workplan and Inception Report indicating the methodology, consultation workplan, interview guides, report first draft, feedback process and final draft. This will include review/comments of the draft by MOWA and input from the TWGG-GBV.

 

  • Submission of: Consultant’s workplan and inception report including approach, proposed methodology and timeline

21 October 2022

2

2nd Deliverable

  • Provide technical expertise to the Ministry of Women’s Affairs and UN Women to develop a roadmap for reforming the DV law, inclusive of participatory approaches at national and sub-national stakeholders.

 

  • Submission of :

Part 1:  A report documents the existing learnings and identified/suggested priorities for reforming/amend DV law

Part 2: The 1st, 2nd and 3rd draft of the full report of a roadmap for reforming/reviewing the DV law that can be shared with MOWA and TWGG-GBV for feedbacks and comments

Part 3:

  • Final full print ready report with executive summary and final power point presentations 
  • Summary assignment report (not longer than 3 pages) captures achievement, consultant’s observations/lessons learnt

 

 

 

 

 

 

 

18 November 2022

 

 

26 December 2022

 

 

20 January 2023

 

IV. Supervision  

Under the direct supervision of the Country Programme Coordinator, the consultant will work in close collaboration with UN Women Cambodia programme team, primarily the EVAW team, and the Ministry of Women’s Affairs.

 


Competencies

V.. Competencies 

Core Values:

  • Respect for Diversity
  • Integrity
  • Professionalism

Core Competencies:

  • Awareness and Sensitivity Regarding Gender Issues
  • Accountability
  • Creative Problem Solving
  • Effective Communication
  • Inclusive Collaboration
  • Stakeholder Engagement
  • Leading by Example

Functional Competencies: (below are examples to be adjusted to each assignment)

  • Excellent analytical skills
  • Strong knowledge of UN Women processes and systems
  • Strong networking skills
  • Strong inter-personal skills, communicate effectively with staff at all levels of the organization and government counterpart;
  • Ability to work in a highly pressured environment


Required Skills and Experience

VI. Required qualifications 

Education:

Master’s degree in law, gender, development studies, public policy and administration, international relations, or other related disciplines

Experience:

  • Minimum 2 years professional experience in addressing gender, law, policy, and development and in EVAW programme planning and implementation, monitoring, evaluation, reporting and resource mobilization, preferably from the UN System or an international organization.
  • Proven good knowledge of Cambodia and international good practices in policy and legislative frameworks and institutional mechanisms concerning GBV and ending violence against women.
  • Proven good knowledge of international standards on human rights, women’s rights, and related instrument such as CEDAW, relevant CEDAW General Recommendations, Convention on the Rights of Persons with Disabilities, Convention on the Rights of Child, SCR 1325 etc., international norms and standards on access to justice for victims of gender-based violence.
  • Professional experience conducting legal/policy review and analysis and working in women’s human rights and/or development in Asia and Pacific, preferably in Cambodia, in particular on ending violence against women would be a strong asset.
  • Experience in liaising and coordinating with a myriad of stakeholders and partners, including government, civil society, international organizations and grassroots organizations.

Language Requirements:

  • Fluent in English and Khmer with proven report writing experience.

 

VII. Contract period and work location

 

The assignment period is from 15 October 2022 to 20 February 2023. The assignment is based in Cambodia. The consultant may be required to travel outside of Phnom Penh as needed for the purpose of the assignment where required by UN Women-Cambodia. The standard UN Daily Subsistence Allowance (DSA) will apply to any travel outside duty station that may be required in the fulfillment of this assignment.

VIII. Evaluation 

Applications will be evaluated based on the cumulative analysis:

  • Technical qualification (100 points); weight: (70%)
  •  Financial proposal (100 points): weight (30%)

 

A two-stage procedure is utilized in evaluating the applications, with evaluation of the technical application being completed prior to any price proposal being compared. Only the price proposal of the candidates who passed the minimum technical score of 70% of the obtainable score of 100 points in the technical qualification evaluation will be evaluated.

Technical qualification evaluation criteria:

The total number of points allocated for the technical qualification component is 100. The technical qualification of the individual is evaluated based on following technical qualification evaluation criteria: Technical Evaluation Criteria

Obtainable Score

A) Education

  • Master’s degree in law, gender, development studies, public policy and administration, international relations, or other related disciplines

 

 

 

15

B) Experience and skills

  • Minimum 5 years professional experience in addressing gender, law, policy, and development and in EVAW programme planning and implementation, monitoring, evaluation, reporting and resource mobilization, preferably from the UN System or an international organization.
  • Proven good knowledge of Cambodia and international good practices in policy and legislative frameworks and institutional mechanisms concerning GBV and ending violence against women.
  • Proven good knowledge of international standards on human rights, women’s rights, and related instrument such as CEDAW, relevant CEDAW General Recommendations, Convention on the Rights of Persons with Disabilities, Convention on the Rights of Child,  SCR 1325 etc., international norms and standards on access to justice for victims of gender-based violence.
  • Professional experience conducting legal/policy review and analysis and working in women’s human rights and/or development in Asia and Pacific, preferably in Cambodia, in particular on ending violence against women would be a strong asset.
  • Experience in liaising and coordinating with a myriad of stakeholders and partners, including government, civil society, international organizations and grassroots organizations.

 

70

 

C) Language: Fluent in English and Khmer with proven report writing experience.

 

 

15

Total Obtainable Score

100 %

 

Only the candidates who have attained a minimum of 70% of total points will be considered as technically-qualified candidates who may be contacted for validation interview.

 

Financial/Price Proposal evaluation:

  • Only the financial proposal of candidates who have attained a minimum of 70% score in the technical evaluation will be considered and evaluated.
  • The total number of points allocated for the price component is 100.
  • The maximum number of points will be allotted to the lowest price proposal that is opened/ evaluated and compared among those technical qualified candidates who have attained a minimum of 70% score in the technical evaluation. All other price proposals will receive points in inverse proportion to the lowest price.

XI. Submission of application 

Interested candidates are encouraged to submit electronic application to cco.procurement@unwomen.org   with cc to hr.bangkok@unwomen.orgnot later than 02 October 2022 by mid-night New York Time U.S.A. Late application submissions will not be considered. Applicants have already submitted their applications need not resubmit.

Submission package includes: 

 

Lump Sum fee (equivalent to daily fee x no. of days)

Number of days refers to actual days that the consultant works  in order to produce deliverables as required by the ToR, NOT the number of days covering the whole period of consultancy.

Amount (USD)

Deliverable 1

 

Deliverable 2

 

Total financial proposal

 

Payments:

 

Payments for this consultancy will be based on the achievement of deliverable and certification that each has been satisfactorily completed. Payment will not be based on the number of days worked but on the completion of each stated deliverable within the indicated timeframes on satisfactory completion of task.

 

At UN Women, we are committed to creating a diverse and inclusive environment of mutual respect. UN Women recruits, employs, trains, compensates, and promotes regardless of race, religion, color, sex, gender identity, sexual orientation, age, ability, national origin, or any other basis covered by appropriate law. All employment is decided on the basis of qualifications, competence, integrity and organizational need.

If you need any reasonable accommodation to support your participation in the recruitment and selection process, please include this information in your application.

UN Women has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and UN Women, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination.All selected candidates will be expected to adhere to UN Women’s policies and procedures and the standards of conduct expected of UN Women personnel and will therefore undergo rigorous reference and background checks. (Background checks will include the verification of academic credential(s) and employment history. Selected candidates may be required to provide additional information to conduct a background check.)

 



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