Background
The 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.
One of the key focuses of UN Women work in Central Asia is the prevention and response to violence against women and girls. One of the forms of violence that is least recognized, studied and addressed in Kazakhstan is sexual harassment.
Globally, sexual harassment is increasingly recognized as a serious violation of human rights and an affront to the dignity of persons, which seriously undermines equality of opportunity and treatment between men and women. And in response to the growing awareness about the adverse impacts of sexual harassment, there have been increasing efforts around the world not only to break the silence on sexual harassment, but also to take pro-active steps in addressing it.
Research findings conducted over the years suggest that sexual harassment at a workplace affects not only the victims but the society as a whole. And at the same time, for employees, the consequences of sexual harassment can be devastating, both while the harassment is occurring and when the employee decides to take action against the perpetrator. However, many sexually harassed individuals put up with the damaging physical and psychological effects of sexual harassment because taking action can be daunting, especially in environments that do not provide practical, legal and moral and support to the victims.
There is currently no legal prohibition of sexual harassment in place in Kazakhstan; only in cases where sexual harassment encompasses acts of sexual assault, these may be dealt with by invoking relevant Penal Code provisions.
In July 2015, Committee on the Elimination of Discrimination against Women adopted at its sixty-first session Views on Communication No. 45/2012, concerning case of sexual harassment at workplace in Kazakhstan. In its Views, the Committee noted that Kazakhstan has no legal provision prohibiting sexual harassment in the workplace and reminded that it had already expressed its concern regarding the lack of legal provisions in national law prohibiting sexual harassment in the workplace in its concluding observations on Kazakhstan’s combined third and fourth periodic reports, in 2014, and recommended to urgently adopt comprehensive legislation to combat such harassment, in line with the Committee’s general recommendation No. 19.
Furthermore, among recommendations received by Kazakhstan during the second cycle of UPR reviews, several recommendations concerned specifically recommendation for Kazakhstan to revise the legislation to cover all forms of violence against women
In order to assist the national authorities to identify the gaps in the national protection mechanisms and develop a comprehensive strategy to prevent and respond sexual harassment through revision of its legal framework and administrative practices, UN Women MCO requires the service of an international expert to work in close cooperation with the UN Women Programme Specialist for Kazakhstan, to conduct research on the problem of sexual harassment in the workplace in Kazakhstan, identify gaps in national protection mechanisms and develop comprehensive set of recommendation on improving policies, legal framework and administrative practices on protection of victims and holding perpetrators accountable.
Duties and Responsibilities
The international expert will work in close coordination and cooperation with the UN Women Programme Specialist for Kazakhstan and will undertake the following specific tasks:
Desk review of open source research and information on sexual harassment in the workplace in Kazakhstan: causes and forms; societal perceptions and attitudes to the problems of sexual harassment and victims and perpetrators, existing national policies, prevention/response programs and mechanisms and available statistics;
Comparative and gaps analysis of the existing mechanisms and instruments on prevention and protection from sexual harassment in the workplace in the Republic of Kazakhstan with best international practices in this area, including legal frameworks on prevention and response and mechanisms regulating reporting incidents of sexual harassment, obligations and mechanisms binding on employers aimed at prevention and accountability for sexual harassment in the workplace, including ethical codes, grievances mechanisms, etc.;
Based on identified gaps develop comprehensive set of practical recommendations on improvement of legislative framework on prevention and response and strengthening administrative and law enforcement response to sexual harassment and on promoting zero tolerance in the society and corporate culture of sexual harassment in the workplace, and improvement of legal and social mechanisms of support and protection of victims, and bring the perpetrators to justice;
Support to organization and facilitation of a high-level event (workshop/roundtable/conference) on prevention of sexual harassment/violence against women, including by contributing towards formulation of concept notes, agenda, identifying and inviting relevant national and international participants/experts and presentation of the research findings and recommendations (tentatively scheduled for late October 2016 in Astana);
Support advocacy for inclusion of the recommendation on prevention and response to sexual harassment at workplace to the new Gender Concept 2017-2030 that is expected to be developed by the end of 2016.
Deliverables and timelines
Deliverables / Time frame to provide deliverables / Quantity of working days (maximum)
Research plan, with outlined structure and identified sources for comparative analysis validated with UN Women MCO / By 25 August /2 w.d
First draft of position paper containing findings of desk review on sexual harassment in the workplace in Kazakhstan: causes and forms; societal perceptions and attitudes to the problems of sexual harassment and victims and perpetrators, existing national policies, prevention/response programs and mechanisms and available statistics; containing gaps analysis and comprehensive set of practical recommendations on improvement of legislative framework and strengthening administrative and law enforcement response and on promoting zero tolerance in the society and corporate culture of sexual harassment in the workplace submitted to UN Women MCO / By 14 September / 10 w.d
Concept note, agenda and proposed list of participants and national and international experts for the round table / conference on sexual harassment/violence against women / By 15 September / 2 w.d
Revised draft of position paper in line with UN Women comments and suggestions submitted to UN Women for translation (if relevant) and circulation among relevant national stakeholders / By 26 September / 2 w.d
Preparation and presentation of the research findings and recommendations and facilitation of a high-level event (workshop/roundtable/conference) on prevention of sexual harassment/violence against women (tentatively planned for Astana, location can be changed to elsewhere in Kazakhstan, subject to agreement with national partners) / By 14 October (subject to confirmation of dates by national partners) / 2 w.d
The outcome document with recommendations updated with feedback from all relevant stakeholders finalized and submitted to UN Women / Within one calendar week after the end of a workshop/roundtable/conference / 2 w.d.
Total: 20 Working days
Management and Subordination
The consultant will work under direct supervision of UN Women Programme Specialist for Kazakhstan.
The consultancy will require a home-based work with travel to Kazakhstan, to facilitate a high-level event (workshop/roundtable/conference) on prevention of sexual harassment/violence against women (tentatively planned for Astana, location can be changed to elsewhere in Kazakhstan, subject to agreement with national partners).
The event will be organized by UN Women with the support of the consultant and covered from the funds of UN Women MCO.
Deliverables shall be prepared and submitted in English or Russian.
Payment for services is subject to acceptance of deliverables by UN Women Programme Specialist for Kazakhstan.
Travel requirements
The international consultant is expected to travel to Astana, Kazakhstan (location can be changed to elsewhere in Kazakhstan, subject to agreement with national partners), to conduct a high level event with national stakeholders. The exact dates to be discussed and identified in coordination with the national stakeholders, however the approximate period is October 2016. The consultant bears sole responsibility for the travel arrangements, i.e., ticket purchase, accommodation, DSA etc.
All envisaged travel costs must be included in the financial proposal.
In general, UN Women shall not accept travel costs exceeding those of an economy class ticket.
Competencies
Functional Competencies:
- Sound knowledge and understanding of gender equality, prevention of violence against women and women human rights agenda in Kazakhstan
- Ability to facilitate high-level discussions with participation of public officials and ability to undertake self-directed research and produce well-written analytical papers
Required Skills and Experience
Education:
- Advanced degree in Gender Studies, Law, International Relations, Development Studies, Social Sciences, Public Policy, Economy or other closely related field
Experience:
- Minimum of 5 years of professional or combined professional and academic experience in the area of gender, international law or human rights, with at least 3 years focusing on developing analytical or policy documents on gender equality, women rights and elimination of violence against women
- Experience in organization of at least one high-level event on gender equality, human rights issues or international law or international development issues
- Minimum 6 month prior experience working on violence against women, women rights, human rights or international law issues in Kazakhstan, other Central Asia or CIS countries
- Previous experience working with international organizations, NGOs, UN organizations or other development assistance actors is an asset
Languages :
- Excellent writing and speaking skills in Russian, with working level fluency in English; working knowledge of Kazakh is an advantage
The assessment and selection process:
The candidates must possess the minimum required qualification criteria to be eligible for further technical assessment. The following minimum qualification requirements shall apply to the perspective candidates, and will be assessed at the stage of application documents review, and short-listing (which is the first stage of the evaluation process):
- Advanced degree in Gender Studies, Law, International Relations, Development Studies, Social Sciences, Public Policy, Economy or other closely related field
- Minimum of 5 years of professional or combined professional and academic experience in the area of gender, international law or human rights, with at least 3 years focusing on developing analytical or policy documents on gender equality, women rights and elimination of violence against women
- Excellent writing and speaking skills in Russian, with working level fluency in English
The second stage of the assessment/selection will be conducted for the short-listed candidates and will be comprised of submission and cumulative assessment of the evidence on relevant experience and expertise.
Criteria / Maximum points
Advanced degree in Gender Studies, Law, International Relations, Development Studies, Social Sciences, Public Policy, Economy or other closely related field / 50
Minimum of 5 years of professional or combined professional and academic experience in the area of gender, international law or human rights, with at least 3 years focusing on developing analytical or policy documents on gender equality, women rights and elimination of violence against women / 60
Sound knowledge and understanding of gender equality, prevention of violence against women and women human rights agenda in Kazakhstan / 30
Minimum of 6 months prior experience working on violence against women, women rights, human rights or international law issues in Kazakhstan, other Central Asian or CIS countries / 40
Ability to facilitate high-level discussions with participation of public officials and to undertake self-directed research and produce well-written analytical papers / 30
Experience in organization of at least one high-level event on gender equality, human rights issues or international law or international development issues / 40
Previous experience working with international organizations, NGOs, UN organizations or other development assistance actors / 20
Excellent writing and speaking skills in Russian with working level fluency in English / 50
Working knowledge of Kazakh / 30
Maximum total technical scoring: 350
At the second stage of assessment up to 350 points will be scored to each candidate.
Only candidates, who will accumulate at least 245 points of the maximum 350 points during the second stage of the selection process, will qualify to the third stage.
The last (third) stage of assessment/selection, will be comprised of cumulative evaluation of the technical proposal (70%) and a financial proposal (30%) of the technically qualified candidates.
The financial offers of the technically qualified candidates will be requested and will be weighted in terms of selection points as per below formula:
P = Fmin / Fc * 150
where
P - points attributable to the given candidate
Fmin - lowest financial offer of all candidates qualified for the third stage
Fc – financial offer of the given candidate
Financial offer should include all costs related to completion of the task under the current Terms of Reference: honorarium expectations per working day that should be inclusive of any expenses the candidate might incur in relation to above deliverables.
The successful candidate will have accumulated the highest aggregated score (technical and financial scoring).
Application Process:
All applications are accepted only online. All online applications must include (as an attachment) a sample of analytical paper on topics related to gender equality or women’s human rights, authored by the candidate (unpublished and unedited) and the completed UN Women Personal History form (P-11) which can be downloaded fromhttp://www.unwomen.org/~/media/Headquarters/Attachments/Sections/About%20Us/Employment/P_11_form_UNwomen%20doc.doc?
Kindly note that the system will only allow one attachment. Applications without the completed UN Women P-11 form will be treated as incomplete and will not be considered for further assessment.
Only those candidates who will undergo the technical evaluation, will be requested to submit their financial proposals for the final stage of evaluation.
Notes:
In July 2010, the United Nations General Assembly created UN Women, the United Nations Entity for Gender Equality and the Empowerment of Women. The creation of UN Women came about as part of the UN reform agenda, bringing together resources and mandates for greater impact. It merges and builds on the important work of four previously distinct parts of the UN system (DAW, OSAGI, INSTRAW and UNIFEM), which focused exclusively on gender equality and women's empowerment.