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Background:

 

Under UN Joint Programme “Empowering and Protecting Pakistan’s Women, Youth, Girls and Boys for a Developed Tomorrow” (Aawaz II) UNFPA aims to support government institutions in the area of gender-based violence through legislative, policy and systems strengthening, evidence generation, coordination, monitoring and evaluation. Three priorities areas of GBV, identified in the internal GBV strategy for Aawaz II , are domestic violence, sexual violence and sexual harassment at the workplace.

 

Pakistan has signed the Sustainable Development Goals including meeting targets on ending gender based violence (GBV) and harmful practices including child marriage. In response to this, the past decade has seen a wave of pro-women laws, mainly in the form of amendments to the penal code. Despite the laws in place, challenges associated with weak prevention and response mechanisms for GBV and dismissal of gender-based violence and child marriage by front line service providers, result in weak and ineffective State support structures, thereby leading to impunity of perpetrators and no justice and redress for survivors.

 

In relation to domestic violence, as per PDHS 2017 – 2018, 34% of ever-married women have experienced spousal physical, sexual, or emotional violence in Pakistan. While Punjab Violence against Women Act 2016 was promulgated five years ago, mechanisms and support structures across the province are still awaited to provide much needed relief to survivors of domestic violence. In contrast, Khyber Pakhtunkhwa Assembly has recently promulgated the Khyber Pakhtunkhwa Domestic Violence (Prevention and Protection) Act 2021 which requires concerted efforts by all stakeholders to ensure implementation in letter and spirit with robust institutional mechanisms. Furthermore, despite advocacy by rights-based groups, the Domestic Violence (Prevention and Protection) Bill 2021 at the federal level was not enacted as an Act of Parliament due to resistance by legislators.

 

Furthermore, despite ratification of Convention on the Rights of Persons with Disabilities (CRPD), women with disabilities continue to be marginalised with limited resource allocation and support structures to not only mainstream women with disabilities but also protect them against violence, particularly sexual harassment. It is within this context, that UNFPA seeks to align program interventions according to the evolving legislative developments and stakeholders’ interests.

 

UNFPA supported developed roadmap for Supporting Implementation of Domestic Violence Laws in Federal, Punjab and Khyber Pakhtunkhwa. In addition to this UNFPA is supporting Ombudsperson offices for the implementation of the Sexual Harassment at Workplace Act 2010. UNFPA in partnership with Ministry of Law and Justice developed Federal Sexual Violence Response Framework to support the implementation of the Anti-Rape (Trial and Investigation) Act 2021.

This involved stakeholder consultations and validation and identification of area of support for partners. In this regard, UNFPA is seeking the services of National Gender and legal expert to provide technical support to partners for implementation of the roadmaps on domestic violence, sexual harassment and sexual violence.

 

Purpose of consultancy:

 

Technically lead and support partners in implementing the actions identified in the roadmaps and supporting expediting program delivery in the provinces.

 

Scope of work:

 

(Description of services, activities, or outputs)

 

Specific tasks:

Domestic Violence roadmap:

• Develop simplified version of Domestic Violence Law in KP, develop brief actions, specific to the needs of different stakeholders.

• Provide technical support for the development of communication content and material on Domestic Violence law including inform IEC material and radio programs.

• Sensitization sessions of relevant stakeholders including judiciary, police, policy makers and other to support implementation of Domestic Violence Law.

• Draft a policy for the safeguarding of GBV related data and information for GBV service providers.

• Reviewing Rules and accompanying forms under the domestic violence law of Khyber Pakhtunkhwa through in consultation with KPCSW.

• Review and finalize ToRs for Implementation Watch Committees of Domestic Violence Act in consultation with KPCSW.

• Develop the ToRs of the Protection committees in consultation with KPCSW and facilitate the process of notification by providing technical support to KPCSW for responding to any queries raised by concerned authorities.

• Propose coordination mechanism with Police, Magistrate, DCSWs, DPCs and other key stakeholders for responding to the cases of domestic violence and support consultative meetings.

• Propose tracking mechanism of DV law with smart indicators and role/responsibility of stakeholders and support consultative workshops with stakeholders.

• Components of roadmap adapted for implementation strategy in KP.

 

Sexual Violence related legal support:

• Finalize the Sexual Violence Response Framework and prepare presentation for MoLJ.

• Literature review to draft Rules in respect of investigation and prosecution of Schedule Offences under the Anti-Rape (Trial and Investigation) Act 2021

• Consultative meetings with stakeholders, including but not limited to, police, MLOs, forensic experts, prosecutors, lawyers and judges (if possible) to seek technical expertise and inputs regarding draft Rules.

• Finalization of draft Rules to be handed over to the Special Committee and/or MoLJ

 

Protection against Harassment of Women at Workplace Act, 2010

• Support the Ombudsperson offices (KP-Punjab) for engagement with different stakeholders at provincial and district level to conduct dialogues on implementation of Sexual Harassment at Workplace Act 2010.

• Support Disabled Persons Organizations (DPOs) in establishing mechanism and inquiry committees in line with the Sexual Harassment at Workplace Act 2010.

• Rolling out specific actions under the developed roadmaps on domestic violence, sexual violence and sexual harassment at the workplace to implement gender equality and violence against women policy reform under the Aawaz II programme.

• High quality legal and policy briefs on domestic violence, sexual violence and sexual harassment at the workplace for stakeholders to ensure their alignment with national and international commitments and inclusion of disability, minority and vulnerable groups rights where necessary.

• Providing advice, guidance on the laws, legislations, act, secondary legislations, and other legal documents as needed.

• Conducting review of legislation, policy documents, etc based on to identify areas that need amendments/review and draft required amendments to the laws/ legal documents, while ensuring their alignment with the existing legal framework, constitutional provisions, and international commitments (such as CEDAW, BPfA and SDGs).

 

Duration and working schedule:

55 days spread over July-December 2022

 

Place where services are to be delivered:

Islamabad and Khyber Pakhtunkhwa and Lahore where necessary.

 

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

All deliverables will be subject to quality assurance by the gender team and PMU before the release of each payment.

 

Required expertise, qualifications and competencies, including language requirements:

Qualifications and experience:

Education:

• Advanced university degree in Law or any other relevant field of study.

• Knowledge and experience 7 years of relevant increasingly responsible professional experience in the substantive area, of which working experience of working with women machinery, pro women legislation review and legislative scrutiny is essential.

• Knowledge of rights-based approaches; - Experience in advising and supporting initiatives to address GBV.

• Excellent English writing, communication presentation and computer skills.

• Demonstrated expertise in policy dialogue is desirable.

• Demonstrated ability to network with parliamentarians, development experts and community is desirable.

• Extensive knowledge of Pakistan’s socio-cultural issues, legal provisions, and systems of administration.

• Available for travel if required.