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National Legal consultant
|Advertised on behalf of :|
|Location :||Juba, SOUTH SUDAN|
|Application Deadline :||03-Jul-21 (Midnight New York, USA)|
|Type of Contract :||Individual Contract|
|Post Level :||National Consultant|
|Languages Required :||English|
|Duration of Initial Contract :||30 days|
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.
Over 2.5 billion women and girls around the world are affected by discriminatory laws and the lack of legal protections, often in multiple ways. The spaces in which laws have been designed, implemented, or even studied as a profession have historically excluded women and girls. As a result, their voices and perspectives continue to be largely absent from the text of the laws and legal practices. Gender discrimination in law is commonplace and includes different standards for women and men in applying for a passport, choosing employment, transferring nationality to a child or foreign spouse, participating in court proceedings, receiving an inheritance, owning, and acquiring land, and deciding when and whom to marry. Laws that promote gender equality can yield multiple dividends: among other potential benefits, a law that enables women to inherit on an equal basis with men could empower mothers to invest in the education of their daughters. This increases women’s average age of marriage because girls who stay in school are less likely to be married off. On the other hand, lower levels of gender equality in national laws are associated with fewer girls enrolled in primary and secondary education, fewer women in skilled work, fewer women owning land, fewer women accessing financial and health services, and more women facing domestic, family, and sexual violence.
Law reform more broadly, and the repeal or revision of discriminatory laws specifically, are inherent to the achievement of gender equality, a requirement for realizing the transformative ambitions of the 2030 Agenda for Sustainable Development. They are also among the specific commitments of States enshrined in relevant international conventions and United Nations standards and norms. Yet progress in eliminating discriminatory laws has been uneven. In many cases, global, regional, and national sources of support have not been fully harnessed to accelerate reforms. Key propellers have included the monitoring role of the Committee on the Elimination of Discrimination Against Women (CEDAW Committee), country visits of the United Nations Working Group on the issue of discrimination against women in law and in practice, the policies of regional and inter-regional bodies, statements of political leaders from national governments, ongoing investments in the analysis of laws from a gender perspective, continued education of the judiciary on the domestic application of international law, judicial activism in striking down unconstitutional or discriminatory laws, the active engagement of civil society organizations (CSOs), campaigns to galvanize awareness, and the collection of data to track specific aspects of discriminatory laws.
Against this background, UN Women, the African Union, the Commonwealth, the Inter-Parliamentary Union, the Organization International de la Francophonie, and Secretaría General Ibero-Americana have issued Equality in Law for Women and Girls by 2030: A Multistakeholder Strategy for Accelerated Action as a roadmap for the elimination of laws that discriminate against women and girls. The strategy presented in Equality in Law for Women and Girls focuses on the repeal or revision of discriminatory laws as an important part of a broader legal reform agenda that supports the achievement of gender equality. In this broader context, it seeks to ensure the elimination of all discriminatory legislation by 2030.
Context of the South Sudan legal framework:
The Government of South Sudan has created a legal and policy environment that is conducive to promote the rights of women and girls. South Sudan is a party to various international human rights instruments such as the UN Charter on Human Rights, the Convention on the Rights of the Child (CRC), the International Covenant on Civil and Political Rights (ICCPR) the International Covenant on Civil and Political Rights (ICCPR), the International Covenant to Economic, Social and Cultural Rights (ICESCR) (through its parliament, but it has not officially submitted its instrument of ratification for both these treaties) , the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (not ratified yet), the African Charter on the Rights and Welfare of the Child, and the CEDAW. However, South Sudan has not taken any action about ratifying the Optional Protocol (OP) - CEDAW, which has led to the general lack of awareness of its contents, and its utilization as an enforcement mechanism by civil society.
The Constitution of the Republic of South Sudan revised in 2015, establishes the equal rights of women and men across economic, social, and political spheres, including education, employment, and access to and management of resources. In line with the constitution, the Government of South Sudan has acted in addressing challenges in tackling violence against women and girls (including harmful traditional practices (HTPs)).
Despite these positive legal steps, gaps remain in addressing all aspects of violence against women and girls. South Sudan has not succeeded in enacting specific domestic violence laws, Moreover, current legislation does not explicitly address sexual violence, economic violence, marital rape, and other emerging violence such as acid attack and gang rape.
Duties and Responsibilities
UN Women South Sudan is thus looking to engage a legal consultant to handle the following tasks:
Considering findings of existing analysis and assessments, undertake a comprehensive analysis of the laws of South Sudan from a gender perspective, beginning from the social, cultural, economic and political context, underpinning the current state of affairs; and Beijing action platform, CEDAW and Equality in Law for Women and Girls by 2030: A Multistakeholder Strategy for Accelerated Action as a roadmap for the elimination of laws that discriminate against women and girls.
Methodology and Scope of Work:
Under the overall guidance and supervision of the Deputy Country Representative, the consultant will undertake a comprehensive mapping of the legal landscape of South Sudan for the purpose of capturing all forms of legal frameworks (the constitution, statutes, legislative instruments, executive orders, administrative regulations, case law and other relevant and related government legal frameworks). The legal texts in question must cover legislation that is specifically related to women and girls, as well as those relating to other fields and sectors. Each legal text will be analyzed to determine how their provisions impact upon the achievement of gender equality. The report outline will cover the following:
The consultant will undertake the assignment in consultation with relevant government departments and ministries, Civil society organizations, and UN Women, and will deliver on the following products over a period of 30 days between the period 15 July - 16 August 2021
Required Skills and Experience
Skills and Experience of the National Consultant:
The assignment is expected to be carried out by one independent expert or individual consultant. The expert can form a team to carry out the commission, however, the contract will be made with the expert and overall responsibilities for the service will be upon the expert. The consultant needs to be independent in terms of using office spaces, equipment, utility, and other logistics. UN Women facilities may not be available unless specified.
Expected skills and experiences of the evaluation expert is mentioned below:-
Application Evaluation Criteria:
A two-stage procedure is utilized in evaluating the submissions, with evaluation of the technical components being completed prior to any price proposals being opened and compared. The price proposal will be opened only for submissions that passed the minimum technical score of 70% of the obtainable score of 100 points in the evaluation of the technical component. The technical component is evaluated based on its responsiveness to the Term of Reference (TOR).
Technically qualified consultants may be selected for an interview before financial evaluation. Maximum 100 points will be given to the lowest offer and the other financial proposals will receive the points inversely proportional to their financial offers. i.e. Sf = 100 x Fm / F, in which Sf is the financial score, Fm is the lowest price and F the price of the submission under consideration.
The weight of technical points is 70% and financial points is 30%.
The consultant will be evaluated based on Cumulative analysis, the award of the contract will be made to the individual consultant whose offer has been evaluated and determined as:
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 the following technical qualification evaluation criteria:
Application procedure and deadline:
Interested applicants must submit the following document/information (in PDF format) to demonstrate their qualifications
Financial proposal (with your signature):
Please note that applications without a completed and signed UN Women P-11 form will be treated as incomplete and will not be considered for further assessment. The system will allow only one file to be uploaded and hence merge your multiple files in one document before uploading.
UN Women Personal History form (P-11) can be downloaded from http://www.unwomen.org/en/about-us/employment .
UNWOMEN 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.