Terms of Reference for policy review of Gender based violence for addressing VAW in public space

Introduction

Women's Rehabilitation Centre (WOREC) is a non-governmental organization working for the protection and promotion of human rights. Established in 1991, WOREC is one of the leading national organizations that works to prevent violence against women, its causes and consequences, and to ensure economic, social and cultural well-being of women as well as other marginalized groups by promoting their access to rights and social justice. 

Background 

WOREC requires services of firm or individual for conducting policy analysis and review current acts, policies and legal provisions that address GBV. The project seeks to assess the gaps and answers to – how does the current policy define VAW? How can violence in public space be centered in this discourse? How important is GBV strategies of Nepal government to address that? What needs to take to create safe public spaces?

The research intends to act as a tool for policy advocacy towards creation of safe public space and responding to GBV in public space. It is intended to strengthen of women rights activists, CBOs and local representatives with better information and greater knowledge on the issue.

Scope of consultancy

The purpose of the policy analysis and the policy brief is to provide a clear picture of the situation of policy environment regarding GBV in public spaces in laws, policy, strategies, and regulation. The policy review of GBV related laws, policies and regulations will provide a clear understanding of issues related to GBV in public spaces, identify gaps in laws in addressing and prevention of GBV in public space and set out recommendation for policy advocacy. 

The consultant shall perform the following services to the organization:

• Perform the policy analysis and review the current law, civil and panel code, policies, strategies, rules and regulation that address gender-based violence and identify how GBV in public space is addressed in the laws and policies. 
• Critically analyze, identify the gaps, and make recommendation for addressing GBV in public spaces in current laws, strategies and policies from both the legal and human rights perspective.
• Assess the gaps and answers to how current laws and policies define VAW, how important is GBV strategies of Nepal Government to address that and what needs to take to create safe public spaces?
• Revisit and analyze how laws and provisions are being used in real ground.
• Analyze if current laws and policies has provisions that prevents exercising rights granted by constitution of Nepal.
• Consultant shall review the conventions adopted by Nepal in making recommendation and during preparation of policy review. 
• Map out opportunities for advocacy from the analysis of laws related to GBV and analysze the language of the Gender based violence laws in the light of gender transformative approach. 
• Highlight challenges that law enforcement departments face in dealing with cases of GBV.
• Analyze the recent recommendations on GBV to the state party from international UN instruments (UPR, CEDAW and recommend necessary revisions for advocacy.
• Prepare a detailed policy analysis document with recommendation and summary version for wider circulation. The brief should be logically structured, contain evidence-based findings, conclusions, lesson and recommendations. It should include a set of specific recommendations formulated for the program and identify the necessary advocacy actions required to be undertaken.
• Consultant will present the gaps and recommendations and will finalize the materials in close consultation with WOREC team after receiving the inputs.
• Consultant shall support and provide inputs to other researchers working under same project, but in different thematic area, and collaborate on knowledge and information sharing within the scope of this consultancy towards production of final research report.  

Deliverables

• Develop and share work plan in consultation with WOREC.
• Desk review of existing laws related to GBV, penal and civil code but not limited to it.
• Prepare a comprehensive report based on in-depth analysis and critical assessment of laws related to GBV and harmful traditional practices against women and girls.
• Incorporate the feedbacks of the discussion and review of draft report in the final report,
• Final report with the analysis according to the scope of the work.  

Methodology

The consultant is expected to carry out desk review, and required multi-dimensional approach to research through use of primary and secondary sources of information. Consultations/Interviews with CBOs and required stakeholder will be carried out in WOREC's working district in Kathmandu, Udayapur, Morang and Dang.

The evaluators may not limit if other information, approaches and methodologies is considered important to meet the objectives of the consultancy. The final decision on how to proceed for the policy analysis and which methods to apply will be submitted by consultant and carried out in mutual agreement. 

Requirements and expertise

Following areas of experiences and expertise is required for consultancy services:

• Knowledge and experience in development of web based data management research and development of policy analysis and SBCC materials.
•  Knowledge and understanding of laws, policy, strategy and policies related to GBV, feminist perspective, gender based discrimination and violence, sustainable cities and communities, country context, human rights and development issues.
• Knowledge on capacity building, gender issues, social inclusion, human rights, peace and local governance.
• Experienced in working with women’s right organizations, I/NGOs, UN agencies dealing with research and advocacy.

The consultant should have Master Degree with at least 10 years of experience of working in the law, human rights program, gender based discrimination and violence against women, issues of gender, gender equality, women's and girls empowerment, social development or related fields. Additionally, the purposed team member should include a laywer able to analyze the laws/policies from the feminist perspective.

Duration of the consultancy

• The consultancy service needs to be completed by 25th December 2020. 

Documents to be submitted

• Letter of interest detailing understanding of the task and highlighting experience and expertise in similar works;
• Financial proposal 
• CVs of competent resource person who will support the provision of the service
• List of previous and current clients detailing works carried out in the similar field.
• Companies providing services need to submit copy of all legal documents, and in-in case of individual consultant document ensuring their registration in VAT needs to be submitted.

Relationship of the Parties;

In performing the services, the consultant/resource person shall act as an independent consultant and shall not be deemed to be an employee or agent of WOREC.  The consultant shall be solely responsible for and shall be liable for, indemnify, defend and hold WOREC harmless against all wages, fees, contributions, charges and taxes required by legislation. All appropriate deductions are made in respect of income tax and other contributions.

WOREC shall not be liable for providing any benefits of any kind except as provision of payment mentioned in the ToR and agreement to the Resource Person/consultant. 

This contract shall not be deemed to create any kind of partnership, joint venture, agency or franchise agreement with the Resource Person/consultant or sub contractors (if any).

This is a short-term consultancy assignment. The budget for this assignment will be as per the procurement policy of organization and tax will be deducted as per the government policy of Nepal.

 Apart from that, organization will not take any access and unforeseen budget against agreement between both parties.

WOREC will hold the copyrights of the documents produced as a result of this assignment and will  release it to public under a non-exclusive Creative Commons Attribution 4.0 International license (Visit https://creativecommons.org/ for details)