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INTRODUCTION

 Mainstreaming Alternative Dispute Resolution for Equitable Access to Justice is a 36-months project implemented by The Asia Foundation (TAF), Pakistan. The project aims to strengthen ADR mechanisms in the judicial system of Pakistan and to facilitate broad-based access to equitable justice, in particular for the marginalized segments of society. TAF in partnership with the Honorable Lahore High (LHC) Court and 3 partnering law schools in Islamabad, Lahore and Peshawar is making concerted endeavors to 1) increase awareness among lawyers and bar associations about ADR; 2) build the capacity of bar associations, law graduates, and women agents of change to assist the poor and vulnerable, to resolve disputes; and 3) raise public awareness on the use of ADR to settle civil disputes. TAF in collaboration with LHC is undertaking a public awareness and education campaigns for citizens, especially women, about their legal rights and how ADR can be used to settle civil, family, petty criminal, and small business transactions disputes. The project is implemented in 9 divisions of Punjab that include all the 36 districts in the province.

GENDER ANALYSIS PURPOSE

The purpose of the gender analysis study is twofold:

  • to inform the design and implementation of the ADR Activity in a way that will close gender inequality gaps so that both women and men have equal opportunities to participate in and benefit from ADR activities.
  • to understand how gender roles, constraints, and inequalities might affect the project’s ability to achieve its objectives, and advise the project work plan on how to respond to and address those gender dynamics for optimal project outcomes.

The key outcome of the gender analysis will be concrete and clear recommendations for ADR activities and actions that will equitably engage both women and men to achieve the project’s strategic objectives and forward women’s empowerment.

RESEARCH QUESTIONS

The gender analysis will focus on the research questions below, with an emphasis on how the answers to the questions will affect the project. The consultant will work with The Asia Foundation (TAF) /PK Team Lead – Rule of Law to propose alternative research questions to The Asia Foundation if s/he determines that there are better alternatives. However, alternative research questions must be approved by The Asia Foundation.

 

Key Overarching Questions:

-                      What gender considerations are needed for success of the project?

-                      What steps are needed to ensure the project resources are accessible to the most in-need and marginalized women?

-                      How is the proposed project expected to impact women’s and men’s access to justice; what risks are associated with this and what steps does the project need to take to mitigate any negative, unintended consequences?

-                      What can the project do to sustain the expected achievements in gender equality after the project has ended?

 

Specific Gender Analysis Questions

 

  • Attitudes and Beliefs:
    • How women’s and men’s attitudes about ADR differ?
    • To what extent do members of ADR bodies hold harmful views of women and fail to support gender equality?
    • Do attitudes and beliefs in the target community differ in how women and men should access ADR or what their rights are?
    • To what extend do female and male lawyers have different attitudes about ADR?

 

  • Knowledge and Skills:
    • To what extent are there gaps in awareness between women and men about their legal rights and procedures in the target communities?
    • Do education levels differ between women and men in the target communities?
    • To what extent do lawyers and ADR bodies have the knowledge and skills required for family cases: for example, child custody, maintenance, restitution of conjugal rights, domestic violence
    • How do female and male lawyers’ knowledge and skills as it relates to ADR compare?

 

  • Laws, Policies and Regulations:
    • What protection risks, threats, hazards or concerns are associated with the access to ADR services for women and men? How do these risks differ for different groups? Who is most at risk?
    • What will be the impact of the project on the wider access to justice environment, and its contribution to wider policy on ADR with respect to gender equality?
    • Time and Space:
      • How do differences in how and where women and men spend their time affect the project?
      • Do these differences in how women and men spend their time cause any risks to certain groups, like women, in deviating from this, and if so, how can the risks be mitigated without compromising the effective participation of diverse gender groups in the project activities?

 

  • Access and Control:
    • What are the anticipated gender dimensions of ownership of the project by beneficiaries and partners?
    • To what extend do financial burdens in accessing ADR differ between women and men in the target communities?
    • How will this affect the ability for women and men (and women and men of different ethnic, religious backgrounds, age groups etc) to participate in project activities? Who will be least able to participate?
  • Power and Decision- Making:
    • How does decision-making differ between women and men in the target communities, and how will that affect the project?
    • Who has power within families, and in the target communities and how is that power used? How does this affect ADR and the project goals?

METHODOLOGY

The consultant will support The Asia Foundation ADR team in using a combination of qualitative methods to conduct the gender analysis study.

  • Synthesis of literature on gender issues in ADR in the target districts in Pakistan.
  • Rapid appraisal methods using sex-segregated focus groups with women and focus groups with men: target beneficiaries, law schools, bar associations, judges/mediators and other appropriate sources of data/information (NGOs, INGOs, and justice sector institutions e-g ombudsman etc)
    • In-depth interviews with key informants such as judges working as mediators in the province Punjab, lawyers, law school faculty members, community leaders, women in leadership positions, and project staff.

 

The consultant will use TAF’s gender analysis framework and materials as guidance throughout the process.

The findings of the gender analysis will be integrated into the Project Gender Strategy.

 

TASKS

 

The consultant will undertake the following tasks outlined in the section below:

 

1. Literature review: Review the project description, current literature and secondary resources in order to (1) understand the target population of the study; (2) understand the project context in which the gender study is taking place; (3) gather data to shape the focus of the fieldwork so that it does not replicate already-existing studies. The literature review should be conducted and submitted in a technical narrative format prior to the creation of data collection tools, to ensure that primary data collection will only occur in cases where the existing body of research does not already answer the research questions.

 

Responsible team members: gender analysis consultant; estimated LOE 4 working days, conducted prior to development of data collection tools and submitted to The Asia Foundation prior to data collection.

 

2. Design the gender analysis study methodology and document it in a gender analysis study work plan. The work plan will describe the anticipated methodology and gender analysis tools that will be used, sampling plan, timeline of fieldwork, and drafts of all questionnaires and tools.

 

Responsible team members: gender analysis consultant and Team Lead – Rule of Law; estimated LOE: 3 working days

 

3. Conduct fieldwork according to the methodology work plan.

 

Responsible team members: Head of the Program, Team Lead – Rule of Law, TAF/PK and gender analysis consultant; estimated LOE: 13 working days

 

4. Analyze and document key findings in a clear, concise and usable written report. The findings should be reported in a way that allows them to translate easily into a gender strategy and work plan. The consultant is encouraged to utilize creative methods to present findings and recommendations that facilitate greater readership and usability of information. Reporting format requires prior approval from The Asia Foundation. Responsible team members: Gender Analysis Consultant and ADR Team Leader; estimated LOE: 7 working days

 

DELIVERABLES

 

1. Gender Analysis Literature Review written in English using Microsoft Word. The Literature Review should not exceed 7 pages and should highlight all findings from secondary data sources that provide clear and relevant answers to the research questions above. The Literature Review should also identify research questions for which the consultant was NOT able to find answers from secondary data sources. The literature review should be submitted prior to the Analysis work plan and data collection process.

 

2. Gender Analysis Work Plan that describes the anticipated methodology and gender analysis tools that will be used, sampling plan, timeline of fieldwork, and drafts of all questionnaires and tools. Questionnaires and tools should only focus on research questions that have NOT already been answered by the Literature Review (see above). The work plan will be created by the gender analysis consultant in collaboration with the ADR Team Leader, and submitted electronically to The Asia Foundation prior to fieldwork.  The consultant will finalize the work plan during the first two working days. The length of the work plan should be between 5-10 pages, not including attachments. A draft of the Gender Analysis Work Plan will be reviewed by TAF/PK and the Women’s Empowerment Team before final submission.

 

3. Full Gender Analysis Study Report written in English using Microsoft Word. The report should be no longer than 15 pages, not including annexes. Draft Gender Analysis Study Report will be reviewed by Women’s Empowerment Team before final submission. The report should include:

  • The Literature Review (Deliverable 1), integrated into the body of the text
  • description of actual methodology and gender analytical frameworks used, including actual sample size
  • list and demographic breakdown of interviewees and focus group participants (sex, age group, geographic location, other as relevant)
  • findings
  • CLEAR recommendations for the Gender Strategy and updates to the project workplan as a result of the findings from the gender analysis
  • final work plan in an annex
  • bibliography referencing all documents and data reviewed and cited
  • copies of all actual tools and guidelines used including surveys, interviews, focus group guidelines.

 

As previously mentioned, the consultant is encouraged to utilize creative and user-friendly methods to report findings and recommendations. All references to secondary data must be appropriately cited using Modern Language Association, Chicago Manual of Style, or another format that is proposed by the ADR Team Manager and Gender Analysis consultant and approved by The Asia Foundation. Findings must respond to the focal areas and questions listed in the Focus of the Assignment section. Please note that all reports and other written deliverables must be written entirely in English and submitted electronically in Microsoft Word, Excel or PowerPoint format.

 

TIMELINE

 

The analysis will be conducted from between January and March 2018, of which a total of maximum 30 days with the completion and submission of the final and revised report (including Annexes) no later than the 15th March 2018.

 

LOGISTICS

The consultant will be responsible for his/her own travel arrangements. The consulting fee of 12000 USD is inclusive of all the required travelling into the districts, lodging and meals. TAF will not provide any insurance cover for field travel.

QUALIFICATIONS

  • A post-graduate degree in social sciences or any other relevant field or a training in the field of gender and development
  • Broad knowledge of gender and development, Access to Justice and Alternative Dispute Resolution in Pakistan required.
  • At least 7 years of experience in designing, implementing and analyzing social and gender analyses and/or assessments in rural areas required.
    • Demonstrated capacity in research methods including data analysis, qualitative methods and focus group discussions required.
    • Knowledge of participatory approaches and tools
    • Demonstrated ability to think strategically about long-term programing, including using gender analyses to develop a gender strategy and integrate it into a project work plan.
    • Demonstrated capacity to analyze complex issues, draw relevant conclusions and produce a comprehensive technical report.
    • Strong writing skills with advanced skills in editing and formatting in Microsoft Word.
    • Consultant must be independent but collaborative, willing to share thoughts and ideas, and able to give constructive feedback.
    • Fluency in English required.

 Application Information

All applications must be submitted through sealed bidding process by January 08, 2018. 

All applications will be reviewed under the following standardized criteria:

1. Previous relevant experience (40)

2. Technical proposal (40)

a. Proposed approach and methodology

b. Proposed Implementation plan (including sample design, qualitative and quantitative instruments, field deployment plan, monitoring plan, data collection and analysis)

c. Proposed indicators for measurement

d. Proposed Team Lead and core team members

e. Presentation to the evaluation committee (20)

Budget: The overall budget for the assignment is PKR 1,250,000. Please send us a detailed breakdown of the budget along with the technical proposal.

 

Request for proposal:

 

The Asia Foundation is inviting Technical proposal in hard copy for the aforementioned consultancy. The proposal should be sent in a sealed envelope. Project name and assignment should be clearly written on the envelope. The proposal must be accompanied with following documents:

• A short proposal for conducting this assignment including a comprehensive work plan with clear timelines. Please be specific in your proposal in describing the methodology and sampling, and composition of team with clear roles and responsibilities;

• CVs of Team Lead and other team members;

• Detailed Profile of the firm/organization/individual consultant;

• Detailed itemized budget with clear level of efforts for each team member

Who can apply?

• Reputable Consulting Firms and individual consultants with proven track record of relevant experience of similar work.

• Good understanding of the human rights issues in the context of Pakistan.

• Ability to deliver quality work on time.

• Can work under the tight deadlines.

Deadline for Proposal Submission:

 

The proposal must reach at following address by the close of business 5:00 p.m. on January 08, 2018.

 

Country Representative

The Asia Foundation

EOBI House, Fourth Floor,

Block 32-34, Mauve Area,

I & T Center, G-10/4, Islamabad

 

Proposals submitted after the deadline shall not be entertained. The sealed envelope must clearly mention the title of the consultancy. The hard copy will be considered as final. For further queries write to Ms. Robina Khattak  or Mr. Syed Abbas Hussain at the following email addresses: [email protected], [email protected] 

 






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