International consultant on GBV law

TERMS OF REFERENCE (to be completed by Hiring Office)

Hiring Office:

Turkmenistan Country Office, The Asian Forum of Parliamentarians on Population and Development (AFPPD)

Title:

International consultant to support the development of national legislation on family wellbeing (prevention and response to gender-based violence)Purpose of consultancy:

Since the first years of independence, Turkmenistan has been pursuing an active gender policy aimed at strengthening the ideas of equal participation of women in all spheres of public and political life. The status of women in Turkmenistan is determined by the priority directions of state policy on gender equality, the purpose of which is to implement the principle of equal rights, freedoms and equal opportunities for men and women in accordance with the Constitution of Turkmenistan and the norms of international law.

Turkmenistan ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1996. By ratifying the Optional Protocol to CEDAW in 2009, Turkmenistan reaffirmed its firm commitment to ensuring women have access to and equal enjoyment of all fundamental human rights and freedoms.

In the framework of the recent and previous constructive dialogues of Turkmenistan with the CEDAW Committee in 2024, further recommendations were received in the field of improving national gender legislation. The Committee stressed the critical role of national legislation in ensuring the full implementation of the Convention. The Committee invited the Parliament of Turkmenistan to take the necessary steps, in accordance with its mandate, to implement the Concluding Observations between 2024 and the submission of the next periodic report in four years (Article on Legal framework for the prohibition of discrimination against women, paragraph 14 (a, b, c), 2024 and Article on Gender based violence against women, paragraph 28 (a), 2024). In particular, to amend the definition of discrimination against women in order to prohibit direct and indirect discrimination in the private and public spheres, to ensure that all discriminatory provisions against women in legislation and legislative amendments are repealed, and to apply a gender-sensitive, rather than a gender-neutral, approach in the implementation of its legislation. Article on Gender based violence against women, paragraph 28 (a), 2024) recommends to adopt, without further delay, legislation specifically defining and criminalizing all forms of gender-based violence against women, including domestic violence. 

In 2018-2020 UNFPA provided technical assistance to the Parliament to support with the review of international practices and development of a Model Law on family wellbeing to address gender-based violence. 

UNFPA and the Asian Forum of Parliamentarians on Population and Development (AFPPD) plan to further support the Parliament of Turkmenistan in the implementation of the tasks to improve legislation defined in the Sustainable Development Cooperation Framework between the Government of Turkmenistan and United Nations for 2021-2025 and the UNFPA Country Program for 2021-2025. 

The Asian Forum of Parliamentarians on Population and Development (AFPPD) is a parliamentary network of 30 National Committees across the Asia-Pacific and serves as a forum to recommend and deliberate legislatives and policies with the goal of creating a better future. It aims to realize healthy lives and wellness of humankind, especially women, children, youth and the ageing population, and to pursue its objectives by constructive activities on population and development based on technical knowledge and skills, and strengthened mutual network of National/Parliamentary Committees in the Asia-Pacific region, including Central Asia.

Taking into account the country’s international commitments, goals and objectives of the NAPGE and CEDAW recommendations for improving legislation, UNFPA and AFPPD plan to hire an international consultant to support with the improvement of the current legislation to comply with international standards and gender perspective in order to protect women’s rights, address the issues of preventing and responding to gender-based violence. 

Scope of work:

(Description of services, activities, or outputs)

The international consultant will carry out the following work:

1. Conduct desk review of relevant literature and legislations on Gender-Based Violence to inform understanding of the context on GBV and related issues. – 2 days;
2. Develop and facilitate a 2-day seminar on February 18-19, 2025 for Parliament representatives and other stakeholders to present the best international practices in the field of improving legislation from the standpoint of ensuring gender equality, practical mechanisms for the development, implementation and monitoring of laws in the field of gender equality and addressing GBV. – 4 days;
3. Facilitate 1-day consultations on February 20, 2025 with relevant stakeholders, including civil society groups, government and UN agencies and the related technical group of Parliament to ensure that the consultations outcomes inform the update of the model law. – 2 days; 
4. Update and finalise the draft model law on GBV in consultation with Parliament and relevant stakeholders that is inclusive of all. The draft model law will need to ensure that the definitions of gender equality, gender-based violence, and domestic violence are consistent with international legal instruments and meet the local context requirements, include preliminary definitions of principles, mechanisms and standards for multi-sectoral response to gender-based violence, as well as envisage tools and mechanisms for practical application and monitoring over implementation of the law. – 6 days;
5. De-brief UNFPA and AFPPD and provide a detailed final consultancy report, including step-by-step action plan and recommendations on further interventions – 1 days.

Expected Outcomes and Deliverables:

The total number of days: 15 working days:

Deliverable 1: Inception report by January 15, 2025;

Deliverable 2: Presentations and material for the training and consultations by January 26, 2025

Deliverable 3: Report from the mission to Turkmenistan, facilitation of the seminar and consultations by February 27, 2025;

Deliverable 4: Finalization of draft model law and recommendations by March 10, 2025;

Deliverable 5: Debriefing and final report by March 18, 2025.

Duration and working schedule:

Duration of this consultancy is from 6 January 2025 to 18 March 2025 including operational closure of the contract.

Place where services are to be delivered:

The consultancy services will need to be delivered on a home-based mode with a mission to the country in the week of 17-21 February, 2025.

Monitoring and progress control, including reporting requirements, periodicity format and deadline:

The International Consultant will report to the UNFPA Programme Analyst on Gender and Youth, and AFPPD coordinators and will provide an update biweekly on progress, challenges encountered, and support requirements.

Supervisory arrangements: 

The International Consultant will directly report and work under the guidance of the UNFPA Programme Analyst on Gender and Youth, and AFPPD coordinators.

Expected travel:

Mission to Ashgabat, Turkmenistan, in the week of 17-21 February, 5 days including travel. Travel costs will be covered additionally according to the UNFPA’s Duty Travel Policy.

Required expertise, qualifications and competencies, including language requirements:

• Master’s degree in Law, Social Sciences, Gender Equality or other related fields.
• At least 10 years of experience in the development, implementation, monitoring, improvement of legislation and related advisory support, development and implementation of strategies to ensure gender equality through laws, appropriate action plans and the development and implementation of the necessary mechanisms.
• Work experience in the CIS or Central Asia is an advantage.
• Excellent written and spoken English skills. Knowledge of Russian is preferred.
• Excellent communication training skills
• Focus on results, ability to work under pressure, and execution of work on time.
• Good understanding and practice in capacity building.
• Cultural and gender sensitivity.

Inputs / services to be provided by UNFPA or implementing partner (e.g support services, office space, equipment), if applicable:

UNFPA will provide the Consultant with the available materials, information and reports. However, additional information will be identified by the Consultant through reviews, working with specialists, other.

Other relevant information or special conditions, if any:The consultancy fee will be calculated based on the P5 level of the UN Salary Scale for Professional and higher categories effective 1 January 2023 and will be paid in a lump sum upon successful completion of all deliverables. UNFPA provides a work environment that reflects the values of gender equality, diversity, integrity and healthy work-life balance. We are committed to ensuring gender parity in the organization and therefore encourage women to apply. Persons with disabilities, and individuals of other underrepresented groups are highly encouraged to apply. UNFPA promotes equal opportunities in terms of appointment, training, compensation and selection for all regardless of personal characteristics and dimensions of diversity.

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