Background

DOWNLOAD THE TEMPLATE for submission of proposals from the Procurement website link https://procurement-notices.undp.org/view_notice.cfm?notice_id=79535.  ALSO download the full terms of reference from the Procurement website link mentioned.

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The Law and Justice Sector approach was set up by the Government of Samoa as a strategic delivery modality to demonstrate a new way of working to improve (1) access to justice for survivors of violence utilizing a survivor-centred approach and (2) community crime prevention and management services to all its Samoan citizens through an integrated and multisectoral delivery approach.

The 2017 Samoa Family Safety Study and the  2018 National Public Inquiry into Family Violence emphasizes the alarming and increasing rates of domestic violence in Samoa, with six out of ten women experience some form of intimate partner violence in their lifetime, nine in ten children experience some form of verbal, physical or sexual violence and one in nine girls experiencing sexual violence. The survey(s) recommendations noted the need to strengthen legislative frameworks and monitoring mechanisms including institutional strategies to support effective implementation. The Law and Justice Sector play a significant role in addressing violence against women and girls, especially violence in the home as this sector has a critical role in implementing and enforcing family violence prevention laws. These actors, such as the justice system and security systems, also have a responsibility to respond to incidents of domestic violence. In order to effectively do this, the Law and Justice Sector must be supported to have in place clear interagency sector guidelines or operating procedures with minimum standards that are gender and age responsive to the needs of those seeking help. 

In March 2020, UNDP embarked on a partnership with the Ministry of Justice, Courts & Administration (MJCA) under the banner of the Spotlight Initiative’s Samoa Country Program. The primary objective of the partnership is to work through the Law and Justice Sector to implement program activities that support institutional strengthening for service providers to effectively carry out their functional and operational responsibilities to eliminate violence against women and girls in Samoa.

Under the coordination leadership of the CEO of the Ministry of Justice, Courts & Administration, the Law and Justice Sector brings together integrated service providers and advocates forming a Steering Committee comprising of the following agencies: Office of the Attorney General, Ministry of Police, Office of the Ombudsman, Ministry of Women, Community and Social Development, Samoa Law Reform Commission, Samoa Prisons and Corrections Services, Public Service Commission and the Ministry of Finance, Samoa Law Society, SUNGO, National Council of Churches, a representative of village Matai, a representative of Sui o Nuu, a representative of Sui Tamaitai o Nuu, SVSG and representatives from the women’s rights civil society sector.

UNDP in partnership with Law and Justice Sector is recruiting a national consultant to develop a standard guideline for the sector’s prevention and response to violence against women and girls with a focus on domestic violence in line with international human rights standards, a survivor-centred approach and best practices locally, regionally and globally. An important feature of the guide is to strengthen civil society engagement whether it be in service delivery or at the legislative and policy level within the law and justice sector. 

Duties and Responsibilities

SCOPE OF WORK

The Local Consultant (LC) will work directly with the Samoa Law and Justice Sector and report to the Chair /CEO MJCA and of the Steering Committee (Law and Justice Sector) and the UNDP Spotlight Coordinator. The LC will ensure the development of the guide is informed by the Samoa Law & Justice Sector Plan 2020 – 2025 in specific areas to deal with domestic violence and violence against women and girls.  Ensuring additional engagement with relevant community and women’s groups, GBV service providers like SVSG who are often the first entry point for survivors, key stakeholders within the law and justice sector and aligned to existing interagency planning documents across community/social sector, health, education, in addressing violence.

The national consultant is expected to carry out the following responsibilities from a gender and social inclusion and human rights perspective, within a culturally sensitive manner and by centring on a survivor-centred approach:

1) Develop a  workplan, methodology and timeframe required for this assignment to be endorsed within 5 days of the commencement date of contract signing. The plan should include a section on:           

• Community engagement, in consultation with MWCSD and relevant GBV service providers, women’s groups and marginalized groups (LGBTQI, disability, elderly) that will be consulted for the design of the guide.  
• The plan should also include a section on how the guide will integrate and reinforce the existing/planned national protocols, namely the Interagency Essential Services Guide (IESG) coordinated by the MWCSD and, pending way forward, the National Prevention Framework.

2) Conduct a consultative information gathering process:

• Carry out any relevant stakeholder interviews to assess the current operational processes and capacities of Law and Justice sector actors to respond to DV/IPV including with GBV service providers.
• Examine the efficiency and effectiveness of the Law and Justice sector’s response to survivors of GBV, including coordination with other key sectors  like community, health and social services;
• Examine the relevance, response, and coordination mechanisms of handling cases related to GBV/DV.

2.1 Based on the available literature data, information and interview responses collected, critically analyse and map out how the current law and justice system address cases of violence against women and girls beginning with the first point of contact, who receives the call for help, referrals, services provided (eg. Legal aid, protection, case management or other) and the processes involved in providing different services for survivors.

• Make recommendations on training needs and resources required to support the implementation of the guide.

3) Develop  a guide to prevent and  respond to Violence Against Women and Girls

3.1 In consultation with the Steering Committee and key stakeholders as mentioned above, determine Law and Justice Sector minimum operating standards for the guide based on a survivor-centred approach, the best interest of the child principles and non-discriminatory principles of leaving no one behind.

3.2 Using critical analysis and data/information collected, state clear roles and responsibilities of each of the law and justice services and care provided by key agencies and as a coordinated sector.

3.3 Ensure gender-responsive safety and ethical standards are met, paying close attention to confidentiality and safety of survivors.

3.4 Operationalize key principles by developing appropriate templates for law and justice services for survivors or cases of GBV including guidance around confidentiality, case management in the legal setting, recording, monitoring of client forms etc. in English and Samoan.

3.5 In coordination with GBV service providers, MWCSD and with due attention to the IESG:

3.6 Map out clear processes and structures for an interagency referral and management system that integrates law and justice services for survivors, including accessing court proceedings.

3.7 Develop a coordinated approach for referrals and legal aid services for survivors and cases of GBV.

4) Facilitate dissemination of the Guide

4.1 Conduct 1 training orientation on how to use the guide for the law and justice sector agencies.

Competencies

Corporate Competencies

• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
• Demonstrates commitment to the Government of Samoa mission, vision and values
• Demonstrates integrity by modelling the UN’s values and ethical standards;

• Promotes the vision, mission, and strategic goals of UNDP;
• Treats all people fairly without favouritism;
• Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment.

Functional Competencies                                                                                    

• Strong analytical skills and critical thinking skills;
• Understands and applies survivor – based approach from a gender equality lens
• Creative ideas and the ability to think outside the box while maintaining cultural integrity
• Shares knowledge and experience
• Demonstrated knowledge and application  of current international and local GBV prevention best practices
• Understands the work of the Law and Justice Sector in terms of referral pathways, operational procedures in dealing with domestic violence, family protection orders
• Demonstrated knowledge of relevant Samoan legal framework and national policy frameworks for children, women and persons with disabilities
• Demonstrated ability to communicate effectively with various partners including government, civil society, the private sector, UN agencies; development partners; and communities;
• Actively works towards continuing personal learning, acts on learning plan and applies newly acquired skills

Leadership and Self-Management

• Focuses on result for the client responds positively to feedback
• Consistently approaches work with energy and a positive, constructive attitude
• Remains calm, in control and good humored even under pressure
• Demonstrate openness to change and ability to manage complexities
• Be able to link and articulate GESI or gender-based violence issues and strategies  to the work of Sector
• Good interpersonal and teamwork skills, networking aptitude, ability to work in a multicultural environment

Required Skills and Experience

EVALUATION PROCESS & CRITERIA

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

• Responsive/ Compliant/ Acceptable, and,
• 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%

Technical Evaluation Criteria will be based on the information provided in the CV and the relevant documents must be submitted as evidence to support the above-required criteria [maximum 100 points]. Only candidates obtaining a minimum of 70% of the total technical points (49 points) will be considered for the Financial Evaluation. Interviews may be conducted as part of the technical assessment for shortlisted proposals.

Qualification and Experience – Evaluation of CVs for Shortlisting

• Mandatory a Minimum of a Bachelor’s degree in Arts (BA) or a related field (15%)
• Mandatory a Minimum of 7 years experience and demonstrated knowledge in the development of standard operating procedures, service standards and, operational processes and procedure,  management guidelines, referral pathway and case management  (25%)
• Mandatory a demonstrated strong knowledge and familiarity with Law and Justice issues and gender-based violence issues, referral pathways and case management   in Samoa (20%)
• Desirable is the ability to work in a flexible and responsive manner and ability to engage with counterparts at a strategic, operational and management level (10%)
• Desirable relevant work experience in developing countries in a multi-stakeholder environment with a development organization, government, civil society, NGOs,  private sector, or a research/academic institution (10%)
• Relevant work experience in the Pacific Islands is a strong advantage (10%)
• Proficiency in English and Samoan (both written and oral) (10%)

Queries about the consultancy can be directed to the UNDP Procurement Unit procurement.ws@undp.org.  

DOWNLOAD THE TEMPLATE for submission of proposals from the Procurement website link https://procurement-notices.undp.org/view_notice.cfm?notice_id=79535.  ALSO download the full terms of reference from the Procurement website link mentioned.