Re Advertised TERMS OF REFERENCE NATIONAL INDIVIDUAL CONSULTANT - HIV AND AIDS, HUMAN RIGHTS AND THE LAW Title of Post: HIV, Human Rights and Law Consultant Location: Nairobi, Kenya Type of contract: Individual Contract (IC) (Open to Kenya Nationals Only) Duration of Initial Contract: 30 working days Application Deadline: 5.00 P.M on Monday, 05 November 2018 (Nairobi Kenya) Language: English Background The United Nations Development Programme (UNDP) is the UN Global Development Network advocating for change and connecting countries to knowledge experiences and resources to help people build a better life. The HIV, health and Developments strategy 2016-2021 Connecting the Dots elaborates UNDP s work on HIV and health in the context of 2030 Agenda for sustainable development. UNDP has an important role in supporting health outcomes by supporting countries to address the social, cultural and economic determinant of HIV and Health in partnership with UN entities and other organisations As a founding co-sponsor of the Joint UN programme on HIV and AIDs (UNAIDS), UNDP works on HIV, Health and Development leverages the organisations core strengths and mandate in human development, governance and capacity development to complement efforts of specialists health focused UN agencies. In Kenya UNDP delivers three types of support to the country in HIV, health and development. The inter related areas which are also aligned with UNDP HIV, Health and development Global strategy 2016-2021 include (1) HIV -related laws, human rights, stigma and discrimination, strengthening of national human rights institutions and increasing access to justice for marginalised populations, (II) Promoting effective and inclusive governance for HIV and Health and (III) Promoting gender equality and empowering women and girls. UNDP also works to empower and include people living with HIV and marginalised populations who are disproportionately affected by HIV -also known as key populations -such as sex workers, men having sex with men, gays and transgender people. For over three decades the world has been battling the HIV pandemic which is estimated to have claimed about 35 million lives globally. In Kenya as of 2015, 1.6 million people were living with HIV with a prevalence rate of 6%. While progress has been made to stem the pandemic with significant success various social, legal and policy challenges continue to impact impede effective response to HIV. Legal environments play a pivotal role in the well-being of people living with and vulnerable to HIV and AIDs. Good laws fully resourced and enforced can improve reach and quality of HIV services, enhance social support and advance and safe guard human rights thereby enhancing success of national HIV responses. Since the first case of HIV was diagnosed in Kenya in 1984 Kenya has progressively developed various laws, policies and guidelines to guide management and response to HIV.
However there has not been a comprehensive audit of the Legal Environment to ascertain effectiveness of the legal and policy frameworks in HIV response in the country. To begin this process UNDP in collaboration with UN joint team AIDS plan to carry out a series of consultations on Human Rights and the Law in the context of HIV response The main objectives of the consultations are to develop comprehensive overview of the Legal and policy frameworks as pertains to HIV and make recommendations to enhance legal and policy environment for HIV response. UNAIDS Unified Budget, Results and Accountability Framework (UBRAF) Three decades of experience in the global response to HIV show that human rights-based approaches to HIV prevention, treatment, care and support coupled with enabling legal environments to safeguard rights help reduce people s vulnerability to HIV. A rights-based response to HIV helps ensure that services are accessible to those most at risk, and enables people living with HIV, key populations and other affected communities to participate in deciding an enabling legal and policy environment, which can also have a direct impact on reducing HIV transmission. By contrast, laws that criminalize HIV transmission, nondisclosure and exposure, consensual homosexual sex between adults, gender expression, sex work and drug use, as well as legal and policy frameworks and practices that fail to protect the rights of people living with HIV, women, girls and key populations, increase risk and act as major barriers to services for the people who need them most. The lack of enabling legal frameworks for HIV responses, together with punitive laws, policies and practices, also perpetuates stigma, discrimination, violence and other human rights violations. Grounded in its comparative advantage as a development actor working multi-sectorally, UNDP is a convener of outcome areas on human rights, enabling legal environments, key populations (Men who have Sex with Men) and also contributes to other outcome areas such as on women and girls and gender-based violence under the UNAIDS Division of Labour on HIV. Kenya is committed to reducing HIV related stigma and discrimination by 50 percent against PLHIV and key populations in health care settings by 2019 and has recognized that reducing HIV-related stigma and discrimination is critical in ensuring proportionate and equitable access to services to those most affected, in particular PLHIV and key populations. While significant progress has been made over the last few years to reduce S&D and to increase access to justice for people living and affected by HIV through the existence of a progressive legal framework, the judiciary and the establishment of HIV and AIDS Tribunal (the first of its kind globally), issues remain, particularly among key populations. The three UBRAF outputs for which UNDP will contribute to include (i) Legal and Policy reform, (ii) access to justice and rights and (iii) HIV Healthcare discrimination eliminated. This is also aligned to the one of the deliverables of 2018-2019 Joint UN Plan on AIDS 2019; Non-discriminatory laws, regulations and policies that protect, promote and fulfil human rights of people living with, at risk of and affected by HIV, including key populations are in place and implemented. Consultations on HIV, Human Rights and the Law To meet the UBRAF objectives UNDP working with the other UN agencies and national partners have planned consultations on HIV, Human Rights and the Law in 2018. The consultations will target various stakeholders including Rights Holders and Duty Bearers and will result in several benefits. They will enable stakeholders to build a comprehensive picture of the country s legal and policy framework, its strengths as well as gaps and challenges, and to make recommendations for creating an enabling and protective legal environment in line with international, regional and national human rights and health commitments. The process will also contribute to increasing awareness and understanding of HIV, and sensitizing a range of stakeholders on HIV, legal and human rights issues.
It is envisaged that it will help to build consensus among national stakeholders on actions needed to strengthen legal and policy frameworks. Where HIV-related issues are complicated, particularly in relation to key populations, this process will help to increase or initiate dialogue among the stakeholders. Under the overall guidance of Team Leader- Governance, Peace and security (GPS unit) and Project Manager (Amkeni Wakenya Project) the HIV, Human Rights and Law Consultant will be responsible for planning and conducting a series of consultations with various stakeholders on HIV, Human Rights and the Law for development of comprehensive overview of the country current legal and policy frameworks in relation to advancing effective response to HIV The Consultancy will be home based, and the consultant will work closely with the HIV Implementation support officer, Programme operation, communication and the project team in UNDP Kenya and UNDP HIV, Health and Development Regional Hub in Istanbul. The Purpose of the Consultancy The purpose of this consultancy is to assess Kenya s legal and policy environment in promoting effective HIV response with the aim of identifying strengths and weaknesses and making recommendations for an enabling and protective legal environment. Objective of the consultancy The objective of the consultancy will be as follows 1. Identify and examine key HIV, legal and human rights issues affecting people in the context of HIV including key populations and, in particular, HIV and human rights issues affecting women, children and adolescents and young people; criminal laws in the context of HIV; and access to treatment; 2. Determine the extent to which the current legal framework protects rights or acts as a barrier to access to HIV-related social, legal and health services, in compliance with international, regional and national human rights commitments; 3. Identify the extent to which these protections are known (e.g. by communities, service providers, law enforcers), implemented and enforced and, for which, people are able to access justice. 4. Generate national dialogue on the priority legal and human rights issues of people living with and affected by HIV and of key populations 5. Formulate appropriate recommendations geared towards improving Kenya s legal framework in ensuring an enabling environment for HIV response Scope of work The scope of work will include Desk Review of the legal and policy environment as pertains to HIV response in Kenya Organising and facilitating human rights consultation forums with rights holders including key populations Organising and facilitating human rights consultation forums with duty bearers Organising and facilitating 2 days National dialogue workshop on HIV, Human Rights and the Law bringing together both duty beers and duty bearers to present the consultation finding and develop recommendation on how to address the gaps identified Preparation of final report with recommendation for enhancing the legal and policy environment for effective HIV response Development of an action plan on how to integrate findings in policies and legal frameworks for an enabling Legal environment for HIV response
Expected outputs and deliverables The consultant is expected to deliver the following 1. Report on the Human Rights Consultative meetings targeting both right holders and duty bearers 2. Report of the National dialogue workshop 3. Final Report on Legal and Policy environment, Key recommendation to address gaps identified and action plan to move the process forward Payment schedule Payment will be made on delivery of milestones below: - 1. 20% on report on the Human Rights Consultative meetings targeting both right holders and duty bearers 2. 30% on report of the National dialogue workshop 3. 50% on final Report on Legal and Policy environment, Key recommendation to address gaps identified and action plan to move the process forward Competencies Corporate Competencies: Demonstrates integrity by modelling the UN s values and ethical standards; Promotes the vision, mission, and strategic goals of UNDP; Displays cultural, gender, religion, race, nationality, diversity and age sensitivity and adaptability; Treats all people fairly without favouritism. Technical Competencies: Strong track record in project management, with UNDP or UN experience being an asset Analytic capacity and demonstrated ability to process, analyse and synthesise complex, technical information in the field of HIV, Human Rights and the Law; Proven ability to support the development of high quality knowledge materials Proven experience in the developing country context and working in different cultural settings. Communication: Communicate effectively in writing to a varied and broad audience in a simple and concise manner. Professionalism: Capable of working in a high-pressure environment with sharp and frequent deadlines, managing many tasks simultaneously; Excellent analytical and organizational skills. Sensitivity to those affected, at risk and living with HIV and issues affecting them Teamwork: Projects a positive image and is ready to take on a wide range of tasks; Focuses on results for the client; Welcomes constructive feedback. Required Skills and Experience I. Academic Qualifications: Master s degree in Law, Public Policy, Public Health, Social Sciences
II. Experience: Minimum 10-year experience with diverse sectors in HIV at the community, national, regional and international levels Experience in facilitating High Level consultative meetings and dialogues Familiarity with government institutions and coordinating mechanisms Demonstrated experience in the Human Rights and HIV Undertaken at least two (2) similar assignments III. Language: Excellent command of English and Swahili, both spoken and written. IV. Competencies: Functional Competencies: Proficiency in MS Word, Excel, PowerPoint, database packages and web browsers. Good organization, administrative and communication skills. Good interpersonal skills and able to coordinate well with UNDP partner agencies. Ability to work in a multidisciplinary and multicultural team Strong motivation and ability to work and deliver under pressure and short deadlines Institutional Arrangement Under the overall guidance of the Team leader GPS the consultant will report directly to and work closely with project Manager Amkeni wakenya and the HIV Support Officer Duration of assignment 30 working days. Duty station Home based with required travel to the counties to meet the right holders and duty bearers. The project will facilitate for travel to the field. Evaluation Criteria: Evaluation Criteria I. Academic Qualifications: Kenya National Advanced degree in Law, Public policy, Public Health, Social Sciences II. Experience: Minimum 10-year experience with diverse sectors in HIV at the community, national, regional and international levels Experience in facilitating High Level consultative meetings and dialogues Familiarity with government institutions and coordinating mechanisms Demonstrated experience in the Human Rights and HIV Undertaken at least two (2) similar assignments in the recent past III. Language: Excellent command of English and Swahili, both spoken and written. IV. Competencies: Functional Competencies: Proficiency in MS Word, Excel, PowerPoint, database packages and web browsers. Good organization, administrative and communication skills. Good interpersonal skills and able to coordinate well with UNDP partner agencies including CSO, Private sector and state actors. Score 20 40 10 30
Evaluation Criteria Ability to work in a multidisciplinary and multicultural team Strong motivation and ability to work and deliver under pressure and short deadlines Score Only candidates obtaining a minimum (70%) on technical evaluation will be considered for the Financial Evaluation. Financial evaluation (maximum 30 points): The following formula will be used to evaluate financial proposal: p = y (μ/z), where p = points for the financial proposal being evaluated y = maximum number of points for the financial proposal μ = price of the lowest priced proposal z = price of the proposal being evaluated Submission of the Financial Proposal Applicants are instructed to submit their daily rate financial proposals in Kenya Shillings using the financial proposal template provided (Offerors letter to UNDP) The financial proposal should be all-inclusive and include a breakdown. The term all-inclusive implies that all costs (professional fees, travel related expenses, communications, utilities, consumables, insurance, etc.) that could possibly be incurred by the Contractor are already factored into the financial proposal. Application process. Interested and qualified candidates should submit their applications which should include the following: 1. Detailed Curriculum Vitae 2. Proposal for implementing the assignment - template provided 3. Offerors letter to UNDP- template provided Note: The successful applicant will be required to complete a UNDP Personal History Form (P11) form prior to contracting. Applications should be sent to consultants.ken@undp.org to reach us not later than 5.00 P.M on Monday, 05 November 2018 (Nairobi Kenya) Please quote KEN/IC/2018/032 HIV, Human Rights and the Law Re advertised on the subject line. Those who had submitted their applications need not re- apply. Firms are not eligible for this consultancy assignment. Open to individual consultants only. DO NOT COPY ANY OTHER RECIPIENT