Background
Timor-Leste is a Small Island Developing State, independent since 2002, making it one of the youngest democracies in the world. In only 17 years, it has taken significant steps to rebuild the nation and redefine its future, following centuries of colonization and a violent occupation that lasted 24 years, killing approximately a third of its population, and displaced almost half a million people in 1999. Timor-Leste’s current population of
- 2 million people is one of the youngest in the Pacific, with 75% of whom are under 35 years old. It is the 15th youngest nation in the world.
Despite the notable efforts in state-building and economic growth (especially between 2007-2016), Timor-Leste is one of the least developed nations in the region, with 41.8% of the population living below the poverty line. Despite having a Human Development Index (HDI) of 0.625 in 2017, when weighed against the inequality factor, the HDI drops to 0.452. This inequality is predominant in rural areas – where 70% of the population is disproportionately affected by poverty, malnutrition, unemployment and lack of access to quality education and basic infrastructure.
Inequality particularly affects women, who face discrimination within their homes and society, and across sectors of health, education, employment and access to justice. Women’s labor force participation is 24.9 per cent, less than half that of men at 52.5 per cent.
Women and girls with disabilities, young mothers, women in vulnerable employment, such as domestic workers, and in rural areas have even greater challenges to access their rights as enshrined under the law. Although there is insufficient data to calculate the Gender Inequality Index (GII) for Timor-Leste, the 2017 female HDI value for Timor-Leste is 0.567 in contrast with 0.663 for males. In addition, the Spotlight Country Selection Proxy composite indicator and weighting (used in lieu of the GII for the region) rates Timor-Leste as
- 75, the third highest after Papua New Guinea and Palau.
This gender inequality fuels the high levels of violence against women and girls (VAWG), which remains one of the most widespread human rights abuses in Timor-Leste. A dedicated prevalence survey in 2015 found that 59% of Timorese women (15-49 years) reported having experienced physical and/or sexual violence by an intimate partner in their lifetime. The 2016 Timor-Leste Demographic and Health Survey Domestic Violence Module showed the diversity of prevalence across municipalities, reinforcing the need for targeted interventions that are fully owned by the affected community.
Timor-Leste recognize women’s rights as human rights, and violence against women and girls as a serious and pervasive human rights violation and an extreme form of discrimination. Telling evidence is the country’s existing strong VAWG national framework, having ratified most of the core international human rights treaties/conventions and development frameworks, with clear articles in its Constitution dedicated to gender equality (Article 16, 17, 18 and 26). The Strategic Development Plan (SDP) 2011-2030 also addresses gender equality and women’s empowerment. In 2016, Timor-Leste ratified ILO Core Conventions No. 111 and No. 100 on gender equality and contributed to the adoption of a new International Labour Standard concerning the elimination of violence and harassment in the world of work (Convention No. 190) in June 2019.
Violence is criminalized in the Penal Code (2009) and the Law Against Domestic Violence (LADV) was enacted in 2010, less than ten years after the country regained independence. The policy frameworks are also in place, particularly with the National Action Plan (NAP) GBV 2012-2016 and NAP GBV 2017-2021, NAP on Children, NAP on Women, Peace and Security (2016-2020), the Maubisse Declaration (focused on upholding rural women’s rights and promoting their economic empowerment). Sexual Harassment Guidelines for Civil Servants were adopted in 2017, recognizing the various forms of GBV that exists and the connections between different forms of violence.
However, further reforms and improvements to laws and policies, with a focus on their effective implementation, are needed to ensure equal rights are accessible and all people can access justice. This is an especially pertinent priority for GBV and specifically IPV survivors, with those furthest behind including women with disabilities, women living in rural areas, in vulnerable employment (69 per cent for women), girls who are out of school or pregnant, those married before the age of 18 and women and girls who identify as lesbian, bisexual, transgender and intersex. These groups and other marginalized persons are often excluded from the protection of laws and policies on gender-based violence, as they might not have access to information or have the necessary support to seek services, including to formal justice mechanisms.
Duties and Responsibilities
Project Description
To address the challenges of VAWG, the European Union (EU) and the United Nations have embarked on a new multi-year programme- the EU-UN Spotlight Initiative. The Spotlight Initiative aims to support transformative change on the ground to end violence against women and girls and harmful practices, in numerous countries globally. The Initiative comes with the highest level of commitment globally and is governed by the UN Deputy Secretary-General and the Vice President of the EU Commission.
The Spotlight Initiative in Timor-Leste will be implemented through five UN agencies (UN Women, UNFPA, UNDP, UNICEF, and ILO) with a focus on addressing intimate partner violence and domestic violence. In addition to the five agencies above, the Programme will involve collaboration with the International Organization for Migration, the Human Rights Advisor’s Unit, and the World Health Organization.
The overall vision of the Spotlight Initiative in Timor-Leste is that women and girls enjoy their right to a life free of violence, within an inclusive and gender equitable Timor-Leste.
The programme, aligned to the Timor-Leste ‘National Action Plan on Gender based Violence (2017-2021)’ will contribute to the elimination of domestic violence/ intimate partner violence (DV/IPV) by responding to the needs of women and girls and addressing the underlying causes of violence against women and girls using a multi-sectoral and intersectional approach to implement intervention on the following six outcomes areas: 1) Pillar 1: Legislation and Policies
2)Pillar 2: Institutional strengthening
3) Pillar 3: Prevention of violence
4)Pillar 4: Available, accessible, and acceptable, quality services
5) Pillar 5: Quality and reliable data
6Pillar 6: Supporting women’s movements and relevant civil society organizations
The Programme is grounded on the core principle of leaving no one behind and reaching the furthest behind first. The interventions have been designed to target women and girls most marginalized (rural, poor, with disabilities), at higher risk of intimate partner violence and groups that face multiple or intersecting forms of discrimination.
To ensure effective and meaningful impact of the Spotlight Initiative in Timor-Leste, the Programme will focus on a comprehensive set of actions at the national level, alongside community-based interventions in 3 municipalities (of the country’s 13 municipalities). Based on a preliminary analysis of needs, gaps and opportunities, from a thematic and geographic lens and consultations with various stakeholders, the Programme will focus its community-level efforts in Ermera, Viqueque, and Bobonaro municipalities.
Timor-Leste has drafted a Country Joint Programme Document, which was developed in full consultation with and participation by Government of Timor-Leste, the European Union, CSOs, independent institutions and other stakeholders. It is anticipated that the document will be approved in December 2019 with its implementation to begin in January 2020.
The Country Joint Programme Document contains a monitoring & evaluation (M&E) plan and a detailed results framework, of which this baseline forms a part. The baseline is an important element in the M&E plan and will enable the programme team to understand the situation at the beginning of the Initiative and will identify tools and approaches to measure established Spotlight indicators for Timor-Leste.
To better understand the factors that compound gender justice, violence against women and girls and access to justice for survivors, and to build the evidence base, UNDP, on behalf of the Timor-Leste Spotlight team, is seeking to hire a qualified consultant to carry out a study to capture the laws, policies and law enforcement practices related to gender justice, defined as ‘the creation of gender equality through ending inequality between women and men, as well as through redress for existing inequalities‘ [1] and violence against women and girls in Timor-Leste. This study will contribute to the baseline for the Pillar 1 of the EU/UN Spotlight Initiative to Eliminate Violence Against Women and Girls in Timor-Leste.
C.Scope of Work
This assignment’s objectives are to:
- Identify through a desk-based literature review the different laws, regulations and law enforcement practices and policies related to VAWG, specifically domestic violence in Timor-Leste, including those specific for children.?
2. Supplement the findings of the desk review with inputs from in-country consultations with women’s and child rights’ groups, legal aid providers that focus on VAWG cases and other key stakeholders to provide further information, including examples of current law enforcement practices that help or hinder ?responses to VAWG, examples of good practice in building enabling legal environments and an overview of state and non-state actors that prevent, protect and provide access to justice to those affected by VAWG. The consultation process will be facilitated by the UNDP Timor-Leste Country Office in collaboration with the other four implementing agencies (ILO, UNFPA, UNICEF and UN Women). Based on the feedback received through validation processes, the inputs will be integrated into the report.
3. Provide recommendations for actions to be taken to improve the legal and enabling environment for VAWG responses towards people directly and indirectly affected by VAWG (including specific responses to children survivors and witnesses), as well as any further mapping or other research that may be required for UN Women’s activity under Pillar 1 of the Spotlight Initiative ‘Participatory Action Research and analysis of legal gaps on domestic violence by rights holders’.?? ?
4. Proofread and finalize the report, including the production of a color-coded mapping on the status of all laws in the penal code, personal status and labor law (see Annex 2 as an example), with design for publication in English and Portuguese.
The final report will consist of an updated overview of gender justice in Timor-Leste, which will assess? whether or not enacted laws and policies, especially those related to VAWG/IPV, adequately respond to the rights of all women and girls and are in line with international HR standards and treaty bodies’ recommendations, as well as the corresponding mapping. Given the focus to support future programming and advocacy, the final study will be made available in English, Portuguese and Tetum. It will be launched and disseminated widely in the first quarters of 2020. This report will ultimately provide the baseline for the interventions under the Pillar 1 of the Spotlight Initiative in Timor-Leste.
D.Expected Outputs and Deliverables
The assignment will create the baseline for the Outcome indicator
- 1 (see Annex 1) and will be delivered in 3 phases: Phase One of the study involves preparation of a first draft report for consultation. The report will comprise a desk review of publications relating to laws, regulations, law enforcement practices, and related policies on VAWG. The review should include reference to recent legislation and cases in addition to published research. The draft report will include an analysis of the legal system in Timor-Leste, including law enforcement practices impacting gender (in)equality, in addition to reference to international standards and the incorporation of international law into the domestic legal framework.
Building on earlier reports such as the 2013 study ‘Breaking the cycle of domestic violence in Timor-Leste: Access to justice options, barriers, and decision-making processes in the context of legal pluralism’, the 2015 CEDAW report ‘Concluding observations on the combined second and third periodic reports of Timor-Leste’ and UN Women’s 2018 report ‘ Women’s Multiple Pathways to Justice: alternative dispute resolution and the impact on women in Timor-Leste’ among others, the study will analyze and document relevant legal frameworks on domestic, local, and informal laws, including the penal code, personal status and family law, and de facto policies and practices that have an impact on, and relate to, VAWG in the 4 different forms as defined in the 2010 Law Against Domestic Violence i.e. sexual violence, physical violence, psychological violence and economic violence in Timor-Leste. Moreover, the study will provide an overview of state and non-state actors that prevent, protect and provide access to justice to those affected by VAWG. The review should contain:
- Discriminatory Family Code—8 law-related variables (legal age at marriage, marriage and divorce, polygamy, parental authority in marriage, parental authority in divorce, inheritance rights of widows, inheritance rights of daughters, exercise/access to Sexual Reproductive Health Rights);
- Restricted Physical Integrity—9 law-related variables under Violence Against Women (Laws on domestic violence, laws on rape—including martial rape—laws on sexual harassment, draft law on Child protection, abortion for rape survivors, sexual orientation, human trafficking, sex work and anti-prostitution, adultery);
- Discriminatory Labor Laws – 5-related variables (equal pay, dismissal for pregnancy, paid maternity leave, legal restrictions on female workers, domestic workers)
A methodological note on how to assess the gender justice of the legislation and create the baseline is shared in Annex
Phase Two of the study will involve in-country consultations with state and non-state service providers with the mandate to enforce the law. The consultation phase will invite comments on the draft report and seek to gather further data from the field with a focus on law enforcement practices. The consultation phase will engage the core team working on this initiative among all 5 UN agencies.
Phase Three will involve incorporation of all comments and finalization of the draft in a form suitable for publication, including design.
The expected outputs and deliverables are outlined in the below table:
Deliverables/Outputs
Estimated Duration to Complete
And Target Due Dates
Breakdown of the Payment
Review and Approvals Required (Indicate designation of person who will review output and confirm acceptance)
Review Time Required
Output 1: 1st draft working paper of report in English on VAWG and the Law.? The draft report will include laws, regulations, law enforcement practices, and related policies in Timor-Leste where information is available
Up to 10 days home-based desk review/research/reading /writing.
Estimated Period: 02 January – 13 January
Due date: 13 January
50% upon approval of the report
UNDP Governance Programme Analyst [2]
Estimated period: 27 December – 10 January
Output 2: in-country consultation in Dili and submission of a final draft report integrating inputs from the consultations in Timor-Leste.
Up to 10 days.
Estimated Period: 14 January – 25 January
Due date: 25 January
20% upon approval of the report
UNDP Parliament CTA and UNDP Governance Programme Analyst
Estimated period: 24 January – 07 February
Output 3: Inclusion of any final amendments as requested by UNDP and update of the color-coded mapping reflecting the status of all the laws in the penal code, personal status and labor law and submission of the final document in English and Portuguese: VAWG and the Law.
Up to 5 days (home-based), with any follow up for clarifications as necessary.
Estimated Period: 10 February – 14 February
Due date: 14 February
30% upon final approval of the report
UNDP Parliament CTA and UNDP Governance Programme Analyst
Estimated period: 14 February – 21 February
E. Institutional Arrangement
The selected consultant will work in the UNDP country office. The consultant should use his/her own computer/laptop for the assignment, the office will provide access to internet to facilitate communication. Other logistical costs (local transport, communication, etc.) must be included as part of the financial proposal of the consultant.?
F.????? Duration of the Work and Duty Station
Duration of assignment:? From 02 January to 28 February 2020 for up to a total of 25 working days.
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Duty Station: Home Based and travel to Timor-Leste (Dili and municipalities)
G.???? Qualifications of the Successful Individual Contractor
Education: Advanced Degree (MSc or PhD) in Law, Gender, Development Studies, Social Sciences or academic equivalent
Professional Experience:?
- At least 10 years professional experience producing Human Rights advocacy and analytical work, with emphasis on marginalized groups;
- At least 7 years professional experience working on VAWG;
- At least 7 years of extensive experience working on sensitive legal environment issues with governments, human rights bodies, civil society, development partners and community-based organizations, with at least 5 years from a civil law context;
- Demonstrated expertise in producing flagship advocacy documents that are able to influence policy and programmatic change relating to Human Rights, Gender and VAWG;
- Demonstrated media coverage on publications, materials produced;
- Verified practice on coordinating and producing high quality peer reviewed publications for UN, development partners, government and academic journals.
Functional / Technical Knowledge:?
- Excellent written communication skills in Portuguese and English, including editing;
- Ability to consolidate information from multiple sources;
- Able to prepare strategic information for decision makers;
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- Ability to work independently as well as good team player;
- Excellent time management and ability to produce outputs as per agreed deadlines;
- Country experience in Timor-Leste desirable.
Language Skills
- The candidate shall be fluent in Portuguese and English with excellent writing abilities;
- Knowledge of Tetum desirable.
I.Scope of Price Proposal and Schedule of Payments
Payment terms will be upon deliverables as per specified under section D. and the 3 ?Outputs specified in the timetable.
Interested candidates should make a lump sum to produce the 3 outputs which can be guided by the estimated number of days that have been provided for each output.
[1] For the purpose of this study, the term ‘gender justice’ uses the definition introduced by Anne Marie Goetz and subsequently adopted by ESCWA’s 2017 report The State of Gender Justice in the Arab Region. https://www.arabstates.undp.org/content/rbas/en/home/library/Dem_Gov/gender-justice-and-the-law-study.html
[2] As this assignment will be producing the baseline for one indicator of the joint-UN Spotlight Initiative, the remaining four Recipient UN Organizations (RUNOs), UNICEF, UN Women, ILO, and UNFPA, will provide feedback on all the consultant’s deliverables.
Competencies
- Excellent written communication skills in Portuguese and English, including editing;
- Ability to consolidate information from multiple sources;
- Able to prepare strategic information for decision makers;
- Ability to work independently as well as good team player;
- Excellent time management and ability to produce outputs as per agreed deadlines;
- Country experience in Timor-Leste desirable.
Language Skills
- The candidate shall be fluent in Portuguese and English with excellent writing abilities;
- Knowledge of Tetum desirable.
Required Skills and Experience
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Education: Advanced Degree (MSc or PhD) in Law, Gender, Development Studies, Social Sciences or academic equivalent
Professional Experience:?
- At least 10 years professional experience producing Human Rights advocacy and analytical work, with emphasis on marginalized groups;
- At least 7 years professional experience working on VAWG;
- At least 7 years of extensive experience working on sensitive legal environment issues with governments, human rights bodies, civil society, development partners and community-based organizations, with at least 5 years from a civil law context;
- Demonstrated expertise in producing flagship advocacy documents that are able to influence policy and programmatic change relating to Human Rights, Gender and VAWG;
- Demonstrated media coverage on publications, materials produced;
- Verified practice on coordinating and producing high quality peer reviewed publications for UN, development partners, government and academic journals.
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.
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