National Institutional Consultancy: Legislative Analysis of Family Violence Laws/Policies in Guyana (including the Domestic Violence Act, 2006 and its Policy)

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Background

The Spotlight Initiative is a global partnership between the United Nations (UN) and the European Union (EU) to eliminate all forms of violence against women and girls in support of the 2030 Agenda on Sustainable Development. It was launched in September 2017 by the UN Secretary-General and the EU High Representative and Vice President (HRVP). This initiative provides a model for partnerships with donors, civil society, and the UN to deliver on the SDGs in a comprehensive manner leveraging comparative expertise. SDG 5 and the achievement of gender equality are placed at the centre of efforts (alongside Goal 16) with the aim to provide an enabling environment for the implementation of all goals. Within the UN, the Initiative will operationalize the UN development system reforms and model a new way of delivering on the SDGs in an integrated way, leveraging collaborative advantages.

In Guyana, the focus of the initiative is on “family violence”- which includes sexual and gender-based violence, intimate partner violence and school-based violence.

For Guyana, one of the objectives in the programme is to conduct legislative and policy analysis on family violence (including domestic and sexual violence; and produce clear specific recommendations for action by all stakeholders- including Members of Parliament. The prevention and elimination of violence is a top priority and this consultancy is critical to documenting the successes and challenges to implementation of the legislation and policy (including with respect to both domestic and sexual violence)- especially in light of Guyana’s ratification to Human Rights Treaties- including CEDAW and the CRC.

Moreover, this consultancy is also critical within the context of capturing both the successes and challenges to the implementation of the current legal and policy frameworks, in order to ensure that the current or proposed new legislation/policy can work for all. This will contribute to the strengthening of Guyana’s enabling environment and the creation of particular measures (e.g. for rural and interior locations) to contribute to the operationalization of the legislation.

Scope and Focus

The critical research questions to be answered are as follows:

I. Is Guyana’s legislative and policy on domestic and sexual violence in compliant with international standards- e.g. as set out in the CEDAW and CRC? II. Is there a need for an overarching legislation on family violence- including the reasons for and against and the legal and policy options for this change? III. What are the positives/facilitating factors under the legislation (this especially includes the Domestic Violence legislation and policy)? IV. What are the current (and possible future/emerging) challenges with legislation/policy? As an example- What are the emerging issues- with respect to domestic violence that ought to be considered and recommendations from addressing these (e.g. with respect to the LGBTQ communities, Indigenous Communities, persons with disabilities, children, and new forms of violence- e.g. online violence through the use of social media)? V. What are the specific factors affecting implementation of both the legislation and policy on domestic and sexual violence? VI. What are the specific issues with the Interim, Protection, Occupation and Tenancy Orders under the Domestic Violence Act? VII. Is there provision for consequential amendments to other legislation and/or resolution of conflict of laws? VIII. Should any changes be considered to the type of relationships covered by the Act, Regulations and Policy? IX. Does it reflect and reinforce existing positive practices? X. Are there any institutional issues and existing or new accountability mechanisms that need to be taken into consideration? XI. How well does the policy and/legislation respond to issues related to geography (e.g. remoteness of target populations), persons with disabilities, youth or migrant populations? XII. Does the legislation make provision for implementation factors including: Identification of duty bearers and responsibilities.

Study Team and Composition

The analysis will be conducted by a suitably qualified institution, selected on the basis of their ability to demonstrate the following competencies:

• Master’s Degree in Social or related Sciences. The team should include a practicing Attorney-At-Law (with a least 5 years’ experience in domestic violence and sexual offence cases) • A minimum of 10 years of related work experience– including knowledge of and working with government partners • Excellent and proven analytical skills • Excellent and proven English writing skills • Excellent organizational and communication skills, ability to prioritize and work with minimum supervision • Good understanding of the of child protection issues, criminal justice and child protection issues • Experience of facilitating consultation and workshops with both government and civil society partners • Sound knowledge of the Domestic Violence Act 2006 and the Sexual Offences Act • The team must be able to work independently.

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Please access the complete Terms of Reference: ToR - legislative assessment- Spotlight Guyana.pdf

All applicants must submit a technical and financial proposal. The Financial proposal should include the consultant's daily fee + estimated field work cost in local currency.

The technical proposal must include the following:

1. Example of similar/related work
2. Method of Research for Assignment
3. Summary description of the members of the team (if applying as an institution)
4. Date of availability of consultancy

UNICEF is committed to diversity and inclusion within its workforce, and encourages all candidates, irrespective of gender, nationality, religious and ethnic backgrounds, including persons living with disabilities, to apply to become a part of the organization.

UNICEF has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and UNICEF, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination. UNICEF also adheres to strict child safeguarding principles. All selected candidates will be expected to adhere to these standards and principles and will therefore undergo rigorous reference and background checks. Background checks will include the verification of academic credential(s) and employment history. Selected candidates may be required to provide additional information to conduct a background check.

Remarks:

Only shortlisted candidates will be contacted and advance to the next stage of the selection process.

Individuals engaged under a consultancy or individual contract will not be considered “staff members” under the Staff Regulations and Rules of the United Nations and UNICEF’s policies and procedures, and will not be entitled to benefits provided therein (such as leave entitlements and medical insurance coverage). Their conditions of service will be governed by their contract and the General Conditions of Contracts for the Services of Consultants and Individual Contractors. Consultants and individual contractors are responsible for determining their tax liabilities and for the payment of any taxes and/or duties, in accordance with local or other applicable laws.