Background

The National AIDS Council (NAC) in partnership with the Ministry of Health and Child Care (MoHCC) together with international and local Partners through the multi sectoral approach has prioritised Key Populations (KPs) in the response to the HIV epidemic as guided by the third Zimbabwe HIV and AIDS Strategic Plan (ZNASP III) and UNAIDS Fast Tracking Combination Prevention strategy. Key Populations in Zimbabwe include: sex workers (SWs), gay, bisexual men and other men who have sex with men (MSM), transgender persons, prisoners, adolescents and young people among others.

Despite enormous achievements in the last decade in the provision of treatment and the reduction of AIDS-related deaths, which fell by 39% between 2005 and 2013 in sub-Saharan Africa, new infections among KPs are on the rise, specifically among young KPs, sex workers (SW), men who have sex with men (MSM) and transgender people. The evolving disease epidemiology in the country and region shows that while HIV incidence is declining in many parts of Southern Africa, incidence patterns among KPs do not reflect this progress. Studies conducted in Southern Africa region have found HIV prevalence rates 10–20 times higher among SWs than among adults in the general population, with rates of HIV infection reaching 50% of all SWs tested, and HIV prevalence reaching 86% in one study from Zimbabwe. Among MSM, evidence shows prevalence is 19 times higher than among general population in Southern Africa region. This large disparity in HIV incidence is largely due to the limited reach of some geographic areas and target groups, criminalisation of key populations; Zimbabwean legislation criminalizes same sex sexual conduct and indirectly criminalizes sex work by prohibiting “profiteering from proceeds of sex work and running a brothel”.

Key populations suffer pervasive negative attitudes which generally excludes them from health care information and services, stigma and discrimination upon seeking health care services; HIV prevention measures such as condom use drop as a result or become neglected due to contributory factors such as alcohol abuse and gender-based violence. Consequently, access to HIV prevention commodities such as male and female condoms, condom compatible lubricants, and services such as pre and post exposure prophylaxis are limited.

Despite efforts by the Ministry of Health and Child Care and civil society to reduce the spread of HIV in a resource constrained environment, key population groups have been consistently left out of the national framework due to legal, technical, and cultural limitations. Key population leaders at the 20th International AIDS Conference held in July, 2016 in Durban, South Africa made calls to all stakeholders engaged in the AIDS response to interrogate;

  • How the global response has been failing key population groups such as sex workers, transgender persons, gay and bisexual men and other MSM,
  • What have we been ignoring in our global response to the AIDS epidemic?
  • How do we liberate our response from old, tired ways of viewing our concerns about key population groups and
  • What are the necessary actions to progress the HIV response for key populations?

Given that data on the sizes, HIV prevalence and related behaviours of men who have sex with men in Africa are very limited, estimates are surrounded with wide uncertainty bounds and are likely to underestimate the burden of the epidemic. However, recent data points to the fact that the highest median HIV prevalence among men who have sex with men (MSM) across regions globally was reported in West and Central Africa (19%) and Eastern and Southern Africa (15%). HIV prevalence amongst MSM is generally higher than among men in the general population with studies showing 11-25% prevalence in Kenya, 21% in Malawi, 20% in Botswana and 12% in Tanzania. The only existing incidence study from the region shows 20% incidence among MSM in Kenya. Prevailing stigma, discrimination and punitive social and legal environments based on sexual orientation and gender identity, often compounded by the limited availability of and access to sexual and reproductive health services for young people and men, are among the main determinants of this high vulnerability to HIV among young gay men and other men who have sex with men. Modes of transmission studies indicate that HIV transmission among MSM could be contributing between 1% and 8% of all new HIV infections among adults in Eastern and Southern Africa.

In 2012, the findings of the Global Commission on HIV and the Law showed that stigma, discrimination and human rights violations continue to create major obstacles to effective HIV responses across the world, including in sub-Saharan Africa.

The recommendations from the Commission’s report – Risks, Rights & Health – include the review and reform of laws to ensure the protection of people living with HIV, women and girls and key populations from stigma, discrimination and violence and the repeal of coercive and punitive laws that block effective HIV responses. Other steps to strengthen legal and regulatory frameworks include strengthening programmes to increase knowledge of rights and laws and to reduce stigma, discrimination and gender inequality amongst families, communities and key service providers as well as law enforcement officials. Finally, the recommendations say that efforts to strengthen access to justice should include the provision of legal support services, sensitising the judiciary, encouraging strategic litigation and working with national human rights institutions and civil society organisations (CSOs) to document, monitor and investigate human rights violations. As we collect and organize at the national level, we extend our hand to genuine partnerships. It is our endeavour that we together target and tailor responses to meet the needs of communities disproportionately affected by the HIV epidemic, challenge criminalization of KPs and de-stigmatize same sex sexual conduct, meaningfully seek to fund and resource quality HIV programmes and keep LGBT communities and sex workers at the front and centre of the HIV response.  Specifically, in the context of LGBTI, women and girls and people living with HIV, the Commission made the following broad recommendations:

(Men who have sex with men Proposal for UNDP Africa Project on HIV and the Law (2016/18) Page 10);

  • Repeal laws criminalising consensual sex between same-sex adults;
  • Respect existing civil and religious laws guaranteeing privacy;
  • Remove legal, regulatory and administrative barriers to organisations;
  • Promote effective measures to prevent violence against MSM.

The production of the paralegal manual therefore seeks to empower champions amongst men who have sex with men to be able to carry out work to achieve the above recommendations.

Duties and Responsibilities

Objectives of Consultancy:

  • To determine a programmatic and capacity gaps in Key Population (MSM)- legal gaps and advocacy opportunities for comprehensive HIV programming in Zimbabwe;
  • To standardise the implementation of Paralegal services  for Key Populations-(MSM);
  • To produce a National Paralegal Training and Service manual for MsM and MsM Implementing Partners in Zimbabwe.

Description of Responsibilities:

This is a National Consultative process.  The consultant will be expected to submit the following;

  • Task 1 –A detailed work plan including agreed methodology;
  • Task 2- Draft manual and validation;
  • Task 3- Final manual and Presentation.

Work Plan and Time Frame:

 The work will be carried out over 15 days.

Deliverables:

Submission of consolidated National Paralegal Training and Service manual for MsM and MsM Implementing Partners in Zimbabwe.

Competencies

  • Proven track record for undertaking similar work;
  • Demonstrate integrity and sensitivity to Key Populations;
  • Knowledge, management and Learning:
  • Excellent analytical and strong communication skills both written and spoken;
  • Proven ability to write high quality technical reports in English;
  • Ability to work in a complex environment;
  • Sound Knowledge of the National AIDS Council policies and procedures.

Required Skills and Experience

Education:

  • At least a first degree in Law, Social Sciences, Development Studies/Economics, International Development, or related field;
  • The consultants should be multi-disciplinary trained with public health management, Law, planning, livelihoods expertise, research background.

Experience:

  • At least five years working experience in KP programme implementation, and sound comprehension of designing, implementing and evaluating community-led programmes is an added advantage;
  • Proven experience in conducting quality surveys, evaluations and assessing health, STI/HIV, social protection and development projects;
  • Proven experience of conducting similar work amongst Key Population target communities;
  • The consultants should be highly specialised professionals with extensive knowledge of Zimbabwe and Southern Africa and the HIV areas of work;
  • Familiarity with the Government, NGO, Civil Society and CBO environment in the context of HIV and TB.

Language:

  • Fluency in written and spoken English;
  • Knowledge of one vernacular language will be an added advantage

Timeline, Reporting and Quality Control for the assignment:

The consultancy is for a period of 15 person working days. The contract will be managed by UNFPA and its IPs under the grant.

Application procedure:

Interested individual consultants must submit the following documents/information to demonstrate their qualifications:

Technical Proposal:

  • Explaining why they are the most suitable for the work (1 page);
  • Provide a brief methodology on how they will approach and conduct the work;
  • Confirmation of Interest and Submission of Financial Proposal; Personal CV; Also mention past experience in similar projects and at least 3 references.

Evaluation:

The Consultant will be evaluated based on the qualifications and the years of experience, as outlined in the qualifications/requirements section of the ToRs.

Financial proposal:

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable deliverables (qualitative and quantitative). The financial proposal must include a breakdown of this lump sum amount (including travel, per diems, and number of anticipated working days).