Terms of Reference. Title Purpose. Location Contract Duration Contract Supervision

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1 Terms of Reference Title Purpose Location Contract Duration Contract Supervision International consultant on Gender and Law Support the review of the Penal Code and Penal Procedure Code in Viet Nam from a gender equality perspective Home based with travel to Ha Noi, Viet Nam 2 May 2014 to 15 December 2014 (44 working days) National Programme Officer on Governance 1. Background Equality between women and men has been guaranteed in Viet Nam s Constitutions since The country has made great strides in developing its legal system since committing to a rule-of-law state in 1991 and adopting a judicial reform policy in These reforms, along with the passage of the 2006 Law on Gender Equality (GE Law), firmly illustrate the Government s commitment towards gender equality and building a just and democratic legal system which addresses the needs of all Vietnamese citizens. However, despite this progress, gaps still eist in laws and policies which in many cases are gender blind. Preliminary analysis of the 1999 Penal Code (PC) and 2003 Penal Procedure Code (PPC) conducted by UN Women and UNODC in 2013 found that women in Viet Nam still encounter many difficulties within the criminal justice system, whether they are victims or perpetrators of crimes. This illustrates the lack of political commitment to ensuring holistic protection of women s human rights in Viet Nam. The Penal Code was adopted in 1999 by the National Assembly and came into effect on 1 July 2000, replacing the Penal Code adopted by the National Assembly in 1985 and some amended articles. Apart from some achievements in prevention and control of crimes, a number of gaps and limitations are evident from the last 12 years of its implementation. Therefore the government 1 has decided to amend the PC to meet critical needs in the contet 1 MOJ and Supreme Court were assigned by the government to draft the report and justification. 1

2 of Viet Nam s increased international political and economic integration. Similarly, the Supreme People s Procuracy (SPP) will conduct a review of 8 years of implementation of the PPC which was adopted in The MOJ and SPP have requested the United Nations to provide technical advice for the revision of the PC and PPC based on international normative standards and international best practices. UN Women in collaboration with UNODC will contribute to this process with inputs from gender equality and women s human rights perspectives based on CEDAW and other international legal instruments. 2 The focus will be on ensuring violence against women in particular is adequately responded to in the laws. UN Women and UNODC will take this opportunity to also support the eamination of other related laws and decrees such as the Law on Domestic Violence Prevention and Control, Law on Human Trafficking prevention, Gender Equality Law, Law on Reconciliation to obtain a comprehensive view of inconsistencies and gaps in these legislations related to violence against women, given that these laws are interlinked with each other. UN Women and UNODC will work closely with other UN agencies engaged in supporting the PC/PPC revision process and ensure that its inputs are coordinated and form part of joint recommendations of the UN to the drafting committee for the revision of these two Codes. In this regard, UN Women will engage an international consultant with epertise on gender, human rights and criminal law to work with the assistance of a national consultant to conduct a gender analysis of the two Codes and other related laws and decrees. The international consultant will use the international human rights and criminal law normative frameworks to identify inconsistencies and gaps related to women s human rights and gender equality issues in these two Codes and other related laws with a particular focus on how violence against women is addressed. The consultant will also assist the law drafting team in formulating recommendations for revisions of the two Codes. 2. Purpose of the consultancy The overall purpose of this consultancy is: 2 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), International Covenant on Civil and Political Rights (ICCPR), other human rights instruments that the Viet Nam government ratified, Beijing Platform for Action (BPFA), Commission on the Status of Women Agreed Conclusions and other international commitments, including the United Nations Updated Model Strategies and Practical Measures on the Elimination of Violence against Women in the Field of Crime Prevention and Criminal Justice (GA resolution 65/228 of December 2010). 2

3 1) To assist in building the understanding of the government drafting team of the international normative standards and good practices related to addressing violence against women that the Penal Code and Penal Procedure Code revision should take into consideration. 2) To assist the drafting team with formulation of recommendations for revisions to the two codes and other related laws to improve responses to violence against women and access to justice for survivors. 3) Contribute analysis and recommendations particularly related to addressing violence against women for the UN Joint Recommendations on the Penal Code and Penal Procedure Code. 3. Consultant s scope of work There are many inter-linkages between the criminal and administrative jurisdictions in Viet Nam, which has implications for gender-related issues and women s rights. For eample, there are inconsistencies between the Penal Code which prohibits rape and forced se, and the Law on Domestic Violence Prevention and Control which prohibits certain acts of violence but produces administrative liabilities or reconciliation etc. The international consultant will use the international human rights and criminal law normative frameworks to identify inconsistencies and gaps related to women s human rights and gender equality issues in these two Codes and other related laws and decrees with a particular focus on improving how violence against women is addressed and women are able to access justice. The objectives of this consultancy are to: (i) Analyze and identify strengths, weaknesses and gaps in the PC and PPC and other related laws, decrees and circulars focusing on violence against women from an international human rights, criminal law and gender equality perspective; (ii) Propose specific revisions, with options, which will provide for substantive gender equality and protection of women s human rights in these Codes and the related laws and decrees; and (iii) Develop understanding of relevant stakeholders, including legal professionals (both governmental and non-governmental) and especially the government drafting team members on the international human rights and gender equality standards that should be respected in the revision of the two Codes, and assist the drafting team with formulation of recommendations for revisions to the codes. 4. Process and methods The international consultant will be the team leader, working closely with and guiding a national consultant hired by UNODC who will collect relevant laws and eisting analysis of the laws and its impact to assist with the review of laws. The international consultant will liaise and work closely with both the MOJ and SPP drafting team, and with UN Women and 3

4 UNODC staff throughout the consultancy process. Under the supervision of the UN Women National Programme Officer, the consultant is epected to: 1) Conduct a desk review of good practice eamples of Penal and Penal Procedure Codes that are in compliance with international normative frameworks on women s human rights and gender equality, and violence against women in particular. 2) Conduct a desk review of the two Codes and other related laws and decrees such as Law on Prevention and Control of Domestic Violence (DVL), Gender Equality Law (GEL), Law on Prevention of Human Trafficking, Law on Grassroots Reconciliation, Decree on Administrative Sanctions etc. from a gender equality and women s human rights perspective, particularly focusing on violence against women, to identify inconsistencies and gaps. Also review eisting studies and analysis on the situation of violence against women in Viet Nam and the effectiveness of the laws to identify where revision is needed of the PC and PPC as well as the other related laws and on what basis. 3) Design and facilitate a workshop in Viet Nam to build the understanding of the technical working group of the drafting team and legal professionals engaged in the revision process of the international human rights and gender equality standards and international good practices that they can refer to in the revision of the two Codes. The workshop should provide an opportunity for the drafting team to work hands-on with the international consultant to identify areas in the PC and PPC requiring revisions, and for the drafting team to formulate its own proposals for revisions. 4) Participate in briefing meetings with UN agencies and other relevant stakeholders to present preliminary analysis and key recommendations on the PC/PPC revisions. 5) Develop a report based on the analyses and above workshop, with specific recommendations for amendment of the Codes and other related laws and decrees. The report should be easy to read and written in plain language. It should be no longer than 40 pages including annees. The recommended structure for the report is: Part 1: Introduction - Current situation of violence against women in Viet Nam - Relevant international human rights, gender equality normative frameworks and international criminal law instruments addressing violence against women. - Legal framework for addressing violence against women and women s access to justice in Viet Nam 4

5 Part 2: Analysis of both Codes and other related laws and decrees against the international normative standards and recommended revisions. 6) Based on the report above, prepare two advocacy briefs (one on the Penal Code and the other on the Penal Procedure Code), each of no more than 7 pages highlighting the most pertinent issues and recommendations. 7) Provide comments on proposed amendments of the PC and PPC drafted by the government as they become available. 8) Participate in one final workshop in late 2014 to present comments and recommendations on the revised drafts. 5. Time Frame The consultancy will be for a maimum of 44 working days within the period from 2 May, 2014 to 15 December, The following provides the suggested breakdown of days: Tasks 1 Conduct a desk review of good practice eamples of Penal and Penal Procedure Codes that are in strong compliance with international normative frameworks on women s human rights and gender equality, and violence against women in particular. Time frame May June July Aug.- Oct Nov- Dec 5 days home-based 2 Conduct a desk review of the two Codes and other related laws and decrees such as Law on Prevention and Control of Domestic Violence (DVL), Gender Equality Law (GEL), Law on Prevention of Human Trafficking, Law on Grassroots Reconciliation, Decree on Administrative Sanctions etc. from a gender equality and women s human rights perspective, particularly focusing on violence against women, to identify inconsistencies and gaps. Also review eisting studies and analysis on the situation of violence against women in Viet Nam and the effectiveness of the laws to identify where revision is needed of the PC and PPC as well as the other 5

6 Tasks related laws and on what basis. Time frame May June July Aug.- Oct Nov- Dec 10 days home-based 3 Design and facilitate a workshop to build the understanding of the technical working group of the drafting team and legal professionals engaged in the revision process of the international human rights and gender equality standards and international good practices that they can refer to in the revision of the two Codes. The workshop should provide an opportunity for the drafting team to work hands-on with the international consultant to identify areas in the PC and PPC requiring revisions, and for the drafting team to formulate its own proposals for revisions. 3 days preparatory work at home-base 1 day preparation in Viet Nam 4 day workshop in Viet Nam (total 8 days) 4 Develop a report based on the analyses and above workshop with specific recommendations for amendment of the Codes and other related laws and decrees. 5 days home-based 5 Prepare two advocacy briefs (one on the Penal Code and the other on the Penal Procedure Code) 4 days home-based 6 Finalize report and advocacy briefs based on Feedback X 6

7 Tasks 4 days home-based 7 Provide comments on proposed amendments of the PC and PPC drafted by the government as they become available. 5 days home-based (eact timing will depend on when the drafts will become available) 8 Participate in one final workshop in late 2014 to present comments and recommendations on the revised drafts 3 days in Viet Nam Time frame May June July Aug.- Oct Nov- Dec 6. Deliverables Epected key outputs will include: 4 days workshop for the technical working group of the drafting team and legal professionals designed and delivered Report of the review of Penal Code, Penal Procedure Code and other related laws and decrees from a gender equality and women s human rights perspective, particularly focusing on violence against women with recommendations for revisions Two advocacy briefs (one on the Penal Code and the other on the Penal Procedure Code) each of no more than 7 pages highlighting the most pertinent issues and recommendations Presentation of comments and recommendations on draft amendments of PC and PPC at one final workshop 7. Management arrangement UN Women has overall management of the work of the international consultant. The consultant will work closely with a national consultant to be hired by UNODC. The international consultant will work under the supervision of the UN Women National Programme Officer and will be ultimately responsible to the UN Women Country Representative in Viet Nam. 8. Required skills and competencies The time required for the consultancy is estimated at 44 full-time working days within the 7

8 period from May 2 15 December, Educational background: Master s degree in Law, preferably International Human Rights Law Eperience At least 10 year eperience working in the area of gender and the law, particularly related to VAW. At least 10 year eperience in advising on formulation of laws from a gender equality perspective. At least 10 year eperience in criminal justice and law reform from a gender perspective At least 10 year eperience in conducting training on international human rights Knowledge of Viet Nam government processes, national strategies, national plans for gender and international frameworks such as CEDAW, Beijing Platform for Action, MDGs, CSW and others. Knowledge of the social and political contet of Viet Nam. Competencies Strong gender analysis skills. Relevant research skills, especially in legal aspects are needed Strong skills in advising criminal law reform related to violence against women in an international setting Skills in designing and implementing training programmes Skills in leading a team consultancy Strong communication skills in a multicultural setting Language requirements Fluency in spoken and written English is essential. 9. Application Procedure: Interested applicants are requested to submit to UN Women via procurement.vietnam@unwomen.org - Detailed cover note outlining relevant eperiences and epertise for this assignment - Updated CV - Financial proposal Only shortlisted candidates will be contacted. Closing date for applications is 28 March

9 10. Financial Proposal: This is Lump sum contracts. Therefore, the interested applicant is requested to submit Final All-Inclusive Price with breakdown of costs. 11. Evaluation: Candidates will be evaluated based on the Cumulative analysis. 9 Technical Qualification (100 points) weight; [70%] Financial/Price Proposal (100 points) weight; [30%] A two-stage procedure is utilised in evaluating the proposals, with evaluation of the technical proposal 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. Technical qualification evaluation criteria: The total number of points allocated for the technical qualification component is 100. The technical qualification of the candidate is evaluated based on following technical qualification evaluation criteria: Technical Evaluation Criteria Obtainable Score Relevance eperience advising criminal law reform related to 40% violence against women in an international setting Eperience in designing and implementing a training programme 20% Eperience working with or conducting research on the Vietnamese 20 % legal system Eperience leading a team consultancy 10% Strong communication skills in a multicultural setting 10 % Total Obtainable Score 100 % Only the candidate who has attained a minimum of 70% of total points will be considered as technical qualified candidate. Financial/Price Proposal Comparison: Only the financial/price proposal of candidate who has attained a minimum of 70% score in the technical evaluation will be considered and evaluated. The total number of points allocated for the price component is 100. The maimum number of points will be allotted to the lowest price proposal that is opened/evaluated and compared among those technical qualified candidates who have attained a minimum of 70% score in the technical evaluation. All other price proposals will receive points in inverse proportion to the lowest price. [Lowest Price

10 100 / Other Price under Consideration] = Points for Other Candidate's Price Component. Selection Method and Award Criteria: The award of the contract should be made to the individual consultant whose offer has been evaluated and determined as: Responsive/compliant/acceptable; and Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation. The total score for each candidate will be calculated independently by this formula: Total Score = Technical Score Finance Score Approval This TOR is approved by: Signature Name and Designation Date of Signing Shoko Ishikawa UN Women Country Representative 10