National Legal Consultant to Draft Safe and Fair Women Migrant Workers-and VAW-related Interventions in On-Going Legislative Measures

Contract

This is a National Consultant contract. More about National Consultant contracts.

Background

In the outbreak of the COVID-19 pandemic, the risk of violence against women migrant workers is increasing – as tensions rise, freedom is restricted, economic tensions are felt, and women are isolated from support systems. This “shadow pandemic” festering beneath the current global health crisis is that of gender-based violence (GBV). Cases of GBV are reported to be on the rise due to mobility restrictions and lockdowns being implemented during COVID-19. Women migrant workers who live in close quarters with their abusers are left vulnerable and more susceptible to such incidents. The situation is further compounded by the fact that many services, agencies, and authorities are adopting a skeletal workforce during the pandemic. Moreover, a number of women migrant workers – both returned and on-site – may be residing in far-flung areas or rural communities, with limited access to information regarding useful programs and services for migrant workers.

Prior to the COVID-19 pandemic, women migrant workers were already experiencing abuse from their employers. DFA data (2013-2016) notes that 75% of the 4,830 OFWs who seek assistance from the embassy per year are women who have experienced physical, verbal and psychological abuse, sexual harassment and rape while 402 women are trafficked each year and 75% are repatriated every year. The pandemic has only intensified the already existing abusive treatment, exploitation and gender-based violence experienced by women migrant workers due to the disruption or limitation of the channels to file reports.

Onerous and unclear processes, insensitivity and discouragement from public officials, threats from employers, deprivation of freedom including irregular retention of the document make women migrant workers less likely to seek help or remedies. The ability of survivors to report violence is also affected by pervasive cultural stigma, victim-blaming from both the authorities and the public in general; and fear of retaliation and losing their employment and the financial investment made at the beginning of the migration cycle.

The Programme, “Safe and Fair: Realizing women migrant workers’ rights and opportunities in the ASEAN region (2018-2022)” is part of the multi-year EU-UN Spotlight Initiative to Eliminate Violence against Women and Girls. Safe and Fair is implemented by the ILO and UN Women. Safe and Fair delivers technical assistance and support with the overall objective of making labour migration Safe and Fair for all women in the ASEAN region. Safe and Fair engages with ASEAN Member States’ government authorities; ASEAN institutions; workers’ organizations; employers and recruitment agencies; civil society organizations; community-based organizations; families and communities; research institutions and academia, media networks, youth, and the general public and supports programming in ten countries (Brunei Darussalam, Cambodia, Indonesia, Lao People's Democratic Republic, Malaysia, Myanmar, Philippines, Singapore, Thailand and Viet Nam).

Safe and Fair works in close cooperation with governments and social partners to achieve three inter-linking specific objectives:

Specific objective 1: Women migrant workers are better protected by gender-sensitive labour migration governance frameworks;

Specific objective 2: Women migrant workers are less vulnerable to violence and trafficking and benefit from coordinated responsive quality services; and

Specific objective 3: Data, knowledge and attitudes on the rights and contributions of women migrant workers are improved

The strategy of Safe and Fair mainstreams three cross-cutting topics: women’s voice and agency; rights-based approaches; and broad engagement of stakeholders. Safe and Fair ensures visibility, awareness-raising and dialogue promotion on changing norms around violence against women throughout migration and strengthening rights-based approaches to Safe and Fair labour migration governance for women in the ASEAN region.

Purpose of the consultancy

This Consultancy uses as reference the Technical Briefs on Coordination of Services, Policy Recommendations and Service Directory on VAW and Migration, the Protocols on Provision of Essential Services for Women Migrant Workers Subject to Violence, aligned with the 16 Essentials for Quality Multisectoral Service Provision to Women Migrant Workers Subject to Violence, Coordinated Quality Services for Ending Violence against Women Migrant Workers, and other tools and guidelines developed by the Safe and Fair Programme.

The Legal Consultant will work closely with the Consultant for Communications, Campaigns and Policy Advocacy who coordinates the Safe and Fair Philippines Task Force Campaigns, and monitors policy measures and on-going legislative hearings where Safe and Fair shall make policy interventions. The Legal Consultant will incorporate the issue of violence against women migrant workers in the policy advocacy agenda currently being taken up by the legislative branch. Policy interventions will include strategies and protocols aligned with abovementioned Safe and Fair knowledge products on coordinated and quality essential services for women migrant workers.

To ensure the inclusion of women migrant workers especially those subject to violence in key legislations, the legal consultant will draft inputs and interventions up to the final texts of the laws (proposal or amendment) and/ or their IRRS of the following:

• Gender-responsive Covid-19 and other Pandemic Management bill (with previous inputs from and to continue engagement with Global Rights for Women)
• Online Sexual Exploitation and Trafficking bill
• Anti-Rape Law Amendment
• Anti-Violence Against Women and their Children Act Amendment
• Proposed Divorce bill

Duties and Responsibilities

The Legal Consultant, based on Technical Briefs on Coordination of Services, Policy Recommendation and Service Directory on VAW and Migration, and the 16 Essentials for Quality Multisectoral Service Provision to Women Migrant Workers Subject to Violence, Coordinated Quality Services for Ending Violence against Women Migrant Workers, is expected to complete the following key tasks:

1. Review and analyze texts of the proposed bills/ amendments and/ or IRRs
2. Identify key women migrant workers’ issues, particularly gender-based violence and how the existing bills have reflected and addressed them
3. Formulate provisions specific to women migrant workers and gender-based violence, with reference to the 16 Essentials and Coordinated Quality Services that shall be integrated into the existing texts of the bills
4. Conduct at least 2 consultations and/ or focus group discussions with women migrant communities and CSOs working on VAW and migration to gather their narratives, inputs, and perspectives on the bills
5. Identify 10 case studies of women migrant workers from Safe and Fair partners and from the consultations that would strengthen the basis for the interventions; 2 case studies for each bill
6. Submit 5 recommendation papers that cover the proposed provisions for the abovementioned bills, with 5-10 proposed provisions/ recommendations, and 2 case studies for each submission; a minimum of 2 pages per individual submission

Final products and deliverables

The consultancy is expected to be completed within a period of eight (8) months from the date of the contract signing with close communications with Safe and Fair National Project Officer:

Deliverables

Target Date of Completion

Payment

Agreed 5 review-analysis papers of identified bills. Each analysis should include key issues of women migrant workers subject to violence and coordination of essential services. Minimum of 2 pages per analysis paper which consists of both narrative and enumeration of major points/ themes.

15 August 2021

30% of the contract price

A. 5 Draft interventions and proposed provisions of the following bills and/ or their respective IRRs:

• Gender-responsive Covid-19 and other Pandemic Management bill
• Online Sexual Exploitation and Trafficking bill
• Anti-Rape Law Amendment
• Anti-Violence Against Women and their Children Act Amendment
• Proposed Divorce bill

B. Agreed and finalized activity report of the 2 consultations and/ or focus group discussions with women migrant communities and CSOs working on VAW and migration to gather their narratives, inputs, and perspectives on the bills with quotes and specific recommendations from the consultation

C, Agreed and finalized 10 case studies, 2 case studies for each bill.

30 November 2021

40% of the contract price

Approved five recommendation/ intervention papers that cover the proposed provisions for the abovementioned bills and/ or their respective IRRs, with 5-10 proposed provisions/ recommendations, and 2 case studies for each submission; minimum of 2 pages per individual submission.

The recommendation/ intervention papers should cover issues of, and strategies for the prevention of and response to violence against women migrant workers including protocols on coordinated and quality essential services. It should highlight the need for gender-responsive and survivor-centered protocols, segregation of migratory status in reporting and monitoring, availability of referral pathways and support services especially for cases of gender-based violence that occurred abroad or in countries of destination; among others

31 March 2022

30% of the contract price

Competencies

Core Values:

Respect for Diversity Integrity Professionalism

Core Competencies:

Awareness and Sensitivity Regarding Gender Issues Accountability Creative Problem Solving Effective Communication Inclusive Collaboration Stakeholder Engagement Leading by Example

Required Skills and Experience

• Juris Doctor degree or Master of Laws (LLM) with special/ specific courses on women’s rights, VAW, and migration
• At least 7 years of experience working on gender equality, violence against women, migration, and other issues related to Filipino women migrant workers
• Demonstrated experience in doing legislative proposal, policy paper, and/ or protocols in areas of violence against women, migration, gender equality, and human rights, preferably in the Philippines
• Strong understanding of issues related to gender equality in the context of labour migration, violence against women, preferably in the Philippines;
• Previous working experience with UN agencies, government agencies, Philippine women’s rights and migrant rights’ organizations is required; and
• Strong written and communication skills in English based on written sample on policy proposal.

Submission package

• Application Letter
• CV and UN P11. Can be downloaded at https://www.unwomen.org/-/media/headquarters/attachments/sections/about%20us/employment/un-women-p11-personal-history-form.doc?la=en&vs=558
• Financial proposal in PHP which shall specify a total lump sum amount based on deliverables. Proposed fee should include all related costs for this consultancy e.g., travel, communication, taxes, insurance, etc.
• Sample work on legislative proposals, policy papers, or protocols.

Please note that the system only allows 1 attachment per application so merge documents into one file only. In case that is not possible, you can submit the application again with different attachments.

You may also submit your electronic application to royelynne.colobong@unwomen.org no later than 12 July 2021. Please provide a brief explanation of why you are suited for this Consultancy and cite relevant experience.

Evaluation

Applications will be evaluated based on the Cumulative analysis.

• Technical Qualification (100 points) weight; [70%]
• Financial Proposal (100 points) weight; [30%]

A two-stage procedure is utilised in evaluating the applications, with evaluation of the technical application being completed prior to any price proposal being compared. Only the price proposal of the candidates who passed the minimum technical score of 70% of the obtainable score of 100 points in the technical qualification evaluation will be evaluated.

Note:

In July 2010, the United Nations General Assembly created UN Women, the United Nations Entity for Gender Equality and the Empowerment of Women. The creation of UN Women came about as part of the UN reform agenda, bringing together resources and mandates for greater impact. It merges and builds on the important work of four previously distinct parts of the UN system (DAW, OSAGI, INSTRAW and UNIFEM), which focused exclusively on gender equality and women's empowerment.