United Nations Mapping Study on Existing Legal Services for Women and Vulnerable Groups in Particular Victims of Violence in Kenya

Terms of Reference (TORS) for Consultancy:
 

Mapping Study on Existing Legal Services for Women and Vulnerable Groups in Particular Victims of Violence in Kenya

Introduction
 

The United Nations Entity for Gender Equality and the Empowerment of Women (UN Women) is the United Nations organization, dedicated to gender equality. It was established in 2011 to accelerate the attainment of the rights of women globally.  

UN Women stands for women’s equal participation in all aspects of life and is mandated to support UN Member States to apply global standards for achieving gender equality. It works with governments and the civil society to design and develop laws, policies, programmes and services, needed to implement these standards. 

UN Women is further expected to provide leadership in enhancing and coordinating the accountability of the United Nations system in its work on gender equality and women’s empowerment. 

The priority areas of focus for UN Women include: enhancing women’s leadership and participation; ending violence against women; and championing women’s economic empowerment.

Violence against Women and Girls (VAWG) is widespread in Kenya manifesting in different forms across various contexts, particularly in conflict, humanitarian situations, informal urban settlements and electioneering periods. 

The Kenya Demographic Health Survey (KDHS) 2008-2009, shows that the incidences of gender-based violence (GBV) are increasing and that spousal or intimate partner violence is the most common and highest form of violence which continues to rise with 52% women and 43% men finding it justifiable and accept GBV incidences .

At the national level, Kenya has a legislative framework that protects women and girls from violence such as the, Children’s Act (2001); Sexual Offences Act (2006); HIV & AIDS Prevention and Control Act (2006); Witness Protection Act (2006); Female Genital Mutilation Act (2011); Public Officer Ethics Act (2003) and the Counter Trafficking in Persons Act (2010), Marriage Act (2013, matrimonial an property Act (2014). 

Currently the Prevention against Domestic Violence Bill is at an advanced stage having gone through two parliamentary readings.

Full implementation of the Constitution, existing laws and policies remains a challenge.

Low levels of awareness and limited accountability to these laws and impunity continue to create a disabling environment for the survivor. Moreover, access including time, resources and distance continue to negate efforts towards accessing justice for survivors of violence. 

However, the on-going legal, police and judicial reforms provide an opportunity to promote multi-sectoral and multi-faceted strategies towards addressing VAWG and access to justice for survivors.

Background

The new Constitution of Kenya 2010, protects women’s rights and addresses gender issues in the family, and at community and national levels.

However, a lack of knowledge on these rights and strong beliefs on the traditional role of women means discrimination and violence against women are still widespread. Survivors of violence, and women in general often lack the legal, psychological and medical services they need to rebuild their lives.
 

End Violence against women and girls is one of the key result areas under the UN Women Kenya strategic plan with a focus on three areas of:

 

1. The PREVENTION of violence against women and girls
 

2. The PROMOTION of justice and ending impunity
 

3. The PROVISION of services to survivors of violence

UN WOMEN in ts support of the Africa Unite civil society network has engaged in a structured dialogue with civil society organisations (CSOs) not only as service providers in prevention (awareness campaigns) and provision of services, but also as key actors in the development and implementation of a multi-pronged strategy towards ending violence against women and girls. 

The promotion of justice and ending impunity will become a specific priority for UN WOMEN in the years to come as a way of tackling the issue of VAW in a more holistic response encompassing all three areas.

Overall objective of the mapping study

To map out the existing access to justice for survivors of violence mechanisms and structure in Kenya. 

This will in turn inform resource mobilization and allocations by national and county governments, Parliament, county assemblies and key non-governmental stakeholders towards catering for women’s access to justice needs. 

The recommendations will be aimed at should further enhance programming for SGBV, with attention to response mechanisms for survivors of SGBV.
 

Content / Scope of the Study:

1. Provide a comprehensive overview of  existing formal and informal justice mechanisms for victims of VAW
 

2. Assess the recent legal and institutional frameworks and developments that influence and determine access to justice for victims of VAW
 

3. Map out actors providing legal assistance (legal awareness, legal information, legal assistance in and out of court) to victims of VAW. 
 

4. Map out legal services in terms of cost, distance and other resources including legal services embedded in one-stop centers.
 

5. Map out existing and potential mechanisms/tools of access to justice at national and subnational (county and community level).
 

6. Map out existing dialogue mechanism between civil society organisations, the Government and public sector and the donor community on access to justice in general and VAW in particular;
 

7. Identify gaps in access to justice for women and girls
 

8. Identify constraints and challenges for legal assistance to victims of VAWs
 

9. Assess the level of engagement in policy dialogue by civil society on VAW and access to justice;
 

10. Assess the need for capacity building by duty bearers and right holders in relation to access to justice and VAW.
 

11. Recommendations:  Identify key policy priorities for promoting in a long term perspective on legal assistanc to victims of VAW 
 

a) Conducive environment
 

b) Capacities to deliver on legal services on VAW effectively
 

c) Capacities of victims to claim their rights 

Deliverables:

• An Inception Report providing details of the successful candidate’s understanding of the assignment, indicating methodology, scope and a set of minimal indicators.
• A first draft report, which will be presented for validation by different stakeholders
• Based on the above, a second and final acceptable draft report addressing the objectives.

Data Collection Methodology

The collection of data and information will be carried out using a three-prong approach:

• Secondary data and information will involve a literature review of various documents including policy documents, laws, regulations, standards and codes, research reports, studies focusing on access to justice mechanisms commissioned by UN agencies, the AU, the academia, civil society organizations, donor and other multi-lateral partners;
• Primary data and information will be obtained from service providers within both Government and Non-governmental organizations, informal justice mechanism leaderships, ministries of Devolution and planning, Ministry of Justice and Constitutional Affairs, national gender machineries, national statistical offices, and civil society organizations. It will be of critical importance to look at the referral mechanisms as well.

Reporting Lines: The successful individuals will be required to report periodically and upon request to the Teamleader-SED-GBV at UNWOMEN KCO.

Consultancy Administration:

• Reporting guidelines: The successful institution or team will be required to report bi-weekly and upon request to the Teamleader SEC.
• Timeframes: The overall timeframe for this consultancy will be 20 days, between the conclusion of the contracting process and the delivery of an acceptable final draft is two months. The Inception document must however be submitted for approval within Seven (7) days of the finalisation of the contracting process;
• Meetings: The successful consultant will avail themselves to make presentations at various stages of the contract to UNWOMEN and stakeholders. At least 3 such meetings are envisaged.

Method of Assessment
 

Applicants will also be required to submit a technical and financial proposal detailing how their experience meets the criteria set out above.  

A detailed work plan should be submitted as well.

• Master’s Degree in Gender and Development, Political Sciences, Social Sciences, Development studies, Law,  or related disciplines;
• At least 3 years work experience in the development context, including working on gender, women’s rights, sexual and gender based violence issues;
• Understanding of women’s rights or SGBV programming in Kenya;
• Understanding of the legal frameworks and provisions for SGBV
• Experience working with and guiding multiple stakeholders;
• Knowledge of report writing and documenting programmatic results;
• Knowledge of research and information analysis;
• Good command of computer applications and software packages (MS Word, Excel, etc) and web-based management systems;
• Proficiency in spoken and written English, with demonstrated ability to write clearly, concisely and comparatively.

Duration of the Assignment: The proposed duration for the assignment is 15 working days.

Application Process

Applications should be sent to: consultancies.eharo@unwomen.org with the subject line clearly marked “MAPPING GBV”

The deadline for submission of applications is COB 23rd October 2014.