Call for Proposals (CFP) Enhancing Access to Justice for Women

CFP No. UNW-NPL-CFP-2019-001

Section 1 – CFP letter

UN WOMEN plans to engage a Responsible Party as defined in accordance with these documents. UN WOMEN now invites sealed proposals from qualified proponents for providing the requirements as defined in the UNWOMEN Terms of Reference. Proposals must be received by UNWOMEN at the address specified not later than 23.59 Kathmandu time on 24 March 2019.

This UN Women Call for Proposals consists of 4 sections and a series of annexes that will be completed by proponents and returned with their proposal:

CFP section 1: CFP letter (this document) CFP section 2: Proposal data sheet CFP section 3. Instructions to proponents CFP section 4: UN Women Terms of Reference

CFP forms to be returned (mandatory):

Annex B1-1 Proposal/no proposal confirmation form Annex B1-2 Mandatory requirements/pre-qualification criteria Annex B1-3 Technical proposal submission form Annex B1-4 Financial proposal submission form Annex B1-5 Resumes of proposed team members Annex B1-6 Capacity Assessment Checklist

Interested proponents may obtain further information by contacting this email address: [email protected]

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CFP No. UNW-NPL-CFP-2019-001

Section 2: Proposal data sheet

Programme/Project: Enhancing Access to Justice for Women in Asia and the Pacific: Bridging the gap between formal and informal systems through women’s empowerment.

Contact: Email: [email protected] Telephone number: +977-1-4255110/4216028/4239089 Issue date: 28 February 2019

Requests for clarifications due Date: 17 March 2019 (via e-mail) Time: 23:59 Kathmandu time

Proposal due (on or before due date) Date: 24 March 2019 Time: 23:59 (Kathmandu time)

Planned award date: 10 April 2019

Planned contract start date (on or before): 15 April 2019

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Section 3: Instructions to proponents

1. Introduction

1.1. UNWOMEN invites qualified parties to submit Technical and Financial Proposals to provide services associated with the UNWOMEN requirement for Responsible Party. 1.2. A description of the services required is described in CFP Section 4 -Terms of Reference. 1.3. UNWOMEN may, at its discretion, cancel the services in part or in whole. 1.4. Proponents may withdraw the proposal after submission, provided that written notice of withdrawal is received by UNWOMEN prior to the deadline prescribed for submission of proposals. No proposal may be modified subsequent to the deadline for submission of proposal. No proposal may be withdrawn in the interval between the deadline for submission of proposals and the expiration of the period of proposal validity. 1.5. All proposals shall remain valid and open for acceptance for a period of 90 calendar days after the date specified for receipt of proposals. A proposal valid for a shorter period may be rejected. In exceptional circumstances, UNWOMEN may solicit the proponent’s consent to an extension of the period of validity. The request and the responses thereto shall be made in writing. 1.6. Effective with the release of this CFP, all communications must be directed only to UNWOMEN by email at [email protected]. Proponents must not communicate with any other personnel of UNWOMEN regarding this CFP.

2. Cost of proposal

The cost of preparing a proposal, attendance at any pre-proposal conference, meetings or oral presentations shall be borne by the proponents, regardless of the conduct or outcome of the CFP process. Proposals must offer the services for the total requirement; proposals offering only part of the services will be rejected.

3. Eligibility

Proponents must meet all mandatory requirements/pre-qualification criteria as set out in Annex B. See section 10 below for further explanation. Proponents will receive a pass/fail rating on this section. To be considered, proponents must meet all the mandatory criteria described in Annex B. UN WOMEN reserves the right to verify any information contained in proponent’s response or to request additional information after the proposal is received. Incomplete or inadequate responses, lack of response or misrepresentation in responding to any questions will result in disqualification.

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4. Clarification of CFP documents

A prospective proponent requiring any clarification of the CFP documents may notify UNWOMEN in writing at UNWOMEN email address indicated in the CFP by the specified date and time. UNWOMEN will respond in writing to any request for clarification of the CFP documents that it receives by the due date outlined on page 1. Written copies of UNWOMEN response (including an explanation of the query but without identifying the source of inquiry) will be posted using the same method as the original posting of this (CFP) document. If the CFP has been advertised publicly, the results of any clarification exercise (including an explanation of the query but without identifying the source of inquiry) will be posted on the advertised source.

5. Amendments to CFP documents

At any time prior to the deadline for submission of proposals, UNWOMEN may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective proponent, modify the CFP documents by amendment. All prospective proponents that have received the CFP documents will be notified in writing of all amendments to the CFP documents. For open competitions, all amendments will also be posted on the advertised source. In order to afford prospective proponents reasonable time in which to take the amendment into account in preparing their proposals, UNWOMEN may, at its discretion, extend the deadline for the submission of proposal.

6. Language of proposal

The proposal prepared by the proponent and all correspondence and documents relating to the proposal exchanged between the proponent and UNWOMEN, shall be written in English. Supporting documents and printed literature furnished by the proponent may be in another language provided they are accompanied by an appropriate translation of all relevant passages in English. In any such case, for interpretation of the proposal, the translation shall prevail. The sole responsibility for translation and the accuracy thereof shall rest with the proponent.

7. Submission of proposal

7.1. Technical and financial proposals should be submitted simultaneously but in separate emails or separate envelopes with the CFP reference and the clear description of the proposal (technical or financial) by the date and time stipulated in this document. If the emails and email attachments are not marked as instructed, UNWOMEN will assume no responsibility for the misplacement or premature opening of the proposals submitted.

Both email text bodies should indicate the name and address of the proponent and the description of the proposal (technical or financial). The technical email should not contain any pricing information; nor should the financial email contain any components of the technical proposal.

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Personal Delivery/ Courier mail/ Electronic submission of Proposal: Registered Mail: • Technical and financial proposals • Technical proposals should be should be submitted in two (2) separate submitted in one (1) email accompanied by envelopes, which should be sealed inside a the forms prescribed in this CFP, clearly big envelope. marked as technical proposal - the email subject line and corresponding attachment Address: should read: UN Women CFP No UNW-NPL-CFP-2019-001– (name of House No KA1/333 proponent) - TECHNICAL PROPOSAL Thapathali Heights, Kathmandu, Nepal Email: [email protected] Tel: +977-1-5255110/4216028/4100568 Attn: Operations Manager • Financial proposals should be “NOT TO BE OPENED BY REGISTRY” submitted in one (1) email with the email subject line and corresponding email Envelope should clearly mention the title of attachment reading as follows: the proposal “Call for Proposal to support the Access to Justice programme in Nepal CFP No. UNW-NPL-CFP-2019-001– (name (UNW-NPL-CFP-2019-001)” of proponent) - FINANCIAL PROPOSAL Email: [email protected]

7.2. Proposals should be received by 24 March 2019, 23:59 Kathmandu time. Proponents are responsible for ensuring that UNWOMEN receives their proposal by the due date and time. Proposals received by UNWOMEN after the due date and time may be rejected. When receiving proposals by email (as is required for the CFP), the receipt time stamp shall be the date and time when the submission has been received in the dedicated UNWOMEN inbox. UNWOMEN shall not be responsible for any delays caused by network problems, etc. It is the sole responsibility of proponents to ensure that their proposal is received by UNWOMEN in the dedicated inbox on or before the prescribed CFP deadline.

7.3. The “Certificate of Proponent’s Eligibility and Authority to Sign Proposal” contained in this CFP must be executed by a representative of the proponent who is duly authorized to execute contracts and bind the proponent. Signature on the certificate represents that the proponent has read this CFP, understands it and agrees to be bound by its terms and conditions. The proponent’s proposal with any subsequent modifications and counter-proposals, if applicable, shall become an integral part of any resulting contract.

7.4. Late proposals: Any proposals received by UNWOMEN after the deadline for submission of proposals prescribed in this document, may be rejected.

8. Clarification of proposals

To assist in the examination, evaluation and comparison of proposals, UNWOMEN may, at its discretion, ask the proponent for a clarification of its proposal. The request for clarification and 5

the response shall be in writing and no change in the price or substance of the proposal shall be sought, offered or permitted. UNWOMEN will review minor informalities, errors, clerical mistakes, apparent errors in price and missing documents in accordance with the UNWOMEN Policy and Procedures.

9. Proposal currencies

All prices shall be quoted in (currency) NPR

UNWOMEN reserves the right to reject any proposals submitted in another currency than the mandatory currency for the proposal stated above. UNWOMEN may accept proposals submitted in another currency than stated above if the proponent confirms during clarification of proposals, see item (8) above in writing, that it will accept a contract issued in the mandatory proposal currency and that for conversion the official United Nations operational rate of exchange of the day of CFP deadline as stated in the CFP letter shall apply.

Regardless of the currency of proposals received, the contract will always be issued and subsequent payments will be made in the mandatory currency for the proposal above.

10. Mandatory/pre-qualification criteria

10.1 The mandatory requirements/pre-qualification criteria have been designed to assure that, to the degree possible in the initial phase of the CFP procurement process, only those proponents with sufficient experience, the financial strength and stability, the demonstrable technical knowledge, the evident capacity to satisfy UNWOMEN requirements and superior customer references for supplying the services envisioned in this CFP will qualify for further consideration. UNWOMEN reserves the right to verify any information contained in proponent’s response or to request additional information after the proposal is received. Incomplete or inadequate responses, lack of response or misrepresentation in responding to any questions will affect your evaluation.

10.2 Proponents will receive a pass/fail rating in the mandatory requirements/pre- qualification criteria section. In order to be considered for Phase I, proponents must meet all the mandatory requirements/pre-qualification criteria described in this CFP.

11. Evaluation of technical and financial proposal

11.1. PHASE I – TECHNICAL PROPOSAL (70 points)

11.1.1. Only proponents meeting the mandatory criteria will advance to the technical evaluation in which a maximum possible 70 points may be determined. Technical evaluators who are members of a Committee for Partners’ Assessment (CPA) appointed by UNWOMEN will carry out the technical evaluation applying the evaluation criteria and point ratings as listed below. In order to advance beyond Phase I of the detailed evaluation process to Phase II (financial evaluation) a proposal must have achieved a minimum cumulative technical score of 50 points.

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Technical description and feasibility/appropriateness of 30 points the proposal responding to the expected results • Clarity on the situation and problem identification (10 points) • Soundness of the strategy, proposed activities and expected results against the problem analysis (15 points) • Realistic work plan to complete the activities (5 points) Technical capacity and relevant experience: (See 20 points Capacity Assessment Checklist)  Specialised knowledge and experience in Gender Equality and Women Empowerment, access to justice, particularly of women and marginalised groups (10 points)  Clear alignment of the organisational/institutional mandate and fields of activities with the overall goal and objectives of GEWE (5 points)  Relevant experience in organising and coordinating with government agencies and CSOs (5 points) Financial and administrative management capacity: (See 15 points Capacity Assessment Checklist)  Demonstration of past capacity to successfully implement similar projects  Demonstration of management arrangement for the required services, including monitoring and reporting and if relevant, evaluation  Intention to sub-contract significant number of activities to others Partnerships: 5 points  Strong partnership and connections with relevant organisations including at the provincial and local level TOTAL 70 points

11.2. PHASE II - FINANCIAL PROPOSAL (30 points)

11.2.1. Financial proposals will be evaluated following completion of the technical evaluation. The proponent with the lowest evaluated cost will be awarded 30 points. Other financial proposals will receive pro-rated points based on the relationship of the proponents’ prices to that of the lowest evaluated cost.

The financial assessment will include the review of the efficient utilisation of budget as 7

follows: . Output based budgeting; . Reasonable cost of implementation; . Administrative/indirect cost should not exceed 7% of the total budget; . Inclusion of annual certified financial report and audit reports.

Formula for computing points: Points = (A/B) Financial Points

Example: Proponent A’s price is the lowest at $10.00. Proponent A receives 30 points. Proponent B’s price is $20.00. Proponent B receives ($10.00/$20.00) x 30 points = 15 points

12. Preparation of proposal

12.1. You are expected to examine all terms and instructions included in the CFP documents. Failure to provide all requested information will be at proponent’s own risk and may result in rejection of proponent’s proposal.

12.2. Proponent’s proposal must be organized to follow the format of this CFP. Each proponent must respond to every stated request or requirement and indicate that proponent understands and confirms acceptance of UNWOMEN stated requirements. The proponent should identify any substantive assumption made in preparing its proposal. The deferral of a response to a question or issue to the contract negotiation stage is not acceptable. Any item not specifically addressed in the proponent’s proposal will be deemed as accepted by the proponent. The terms “proponent” and “contractor” refer to those organizations that submit a proposal pursuant to this CFP.

12.3. Where the proponent is presented with a requirement or asked to use a specific approach, the proponent must not only state its acceptance, but also describe, where appropriate, how it intends to comply. Failure to provide an answer to an item will be considered an acceptance of the item. Where a descriptive response is requested, failure to provide the same will be viewed as non-responsive.

12.4. The terms of reference in this document provides a general overview of the current operation. If the proponent wishes to propose alternatives or equivalents, the proponent must demonstrate that any such proposed change is equivalent or superior to UNWOMEN established requirements. Acceptance of such changes is at the sole discretion of UNWOMEN.

12.5. Proposals must offer services for the total requirement, unless otherwise permitted in the CFP document. Proposals offering only part of the services/goods may be rejected unless permitted otherwise in the CFP document.

12.6. Proponent’s proposal shall include all of the following labelled annexes:

CFP submission (on or before proposal due date):

As a minimum, proponents shall complete and return the below listed documents (Annexes to this CFP) as an integral part of their proposal. Proponents may add additional documentation to their proposals as they deem appropriate.

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Failure to complete and return the below listed documents as part of the proposal may result in proposal rejection.

Part of proposal Mandatory Requirements/pre-qualification criteria (Annex B1-2 hereto)

Part of proposal Technical Proposal Submission Form (Annex B1-3 hereto) sent in a separate email – clearly marked with clear subject line referencing the CFP number!

Part of proposal Financial Proposal Submission Form (Annex B1-4 hereto) sent in a separate email – clearly marked with clear subject line referencing the CFP number!

Part of proposal Annex B1-5: Resumes of proposed team members with prescribed information

13.Format and signing of proposal

The proposal shall be typed or written in indelible ink and shall be signed by the proponent or a person or persons duly authorized to bind the proponent to the contract. The latter authorization shall be indicated by written power-of- attorney accompanying the proposal.

A proposal shall contain no interlineations, erasures, or overwriting except as necessary to correct errors made by the proponent, in which case such corrections shall be initialed by the person or persons signing the proposal.

14. Award

14.1 Award will be made to the responsible and responsive proponent with the highest evaluated proposal following negotiation of an acceptable contract. UNWOMEN reserves the right to conduct negotiations with the proponent regarding the contents of their proposal. The award will be in effect only after acceptance by the selected proponent of the terms and conditions and the terms of reference. The agreement will reflect the name of the proponent whose financials were provided in response to this CFP. Upon execution of agreement UNWOMEN will promptly notify the unsuccessful proponents.

14.2 The selected proponent is expected to commence providing services as of the date and time stipulated in this CFP.

14.3 The award will be for an agreement with an original term of 2 years with the option to renew under the same terms and conditions for an additional period or periods as indicated by UN Women.

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Section 4 – UN Women Term of Reference

Access to Justice

Theme Enhancing Access to Justice for Women Nepal

I. Introduction a. Background/Context for required services/results

Grounded in the vision of equality enshrined in the charter of the United Nations, the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women) works for the elimination of discrimination against women and girls; the empowerment of women; and the achievement of equality between women and men as partners and beneficiaries of development, human rights, humanitarian actions and peace and security. Placing women’s rights at the centre of all its efforts, UN Women will lead and coordinate United Nations system’s efforts to ensure that commitments on gender equality and gender mainstreaming translate into action throughout the world. It provides strong and coherent leadership in support of national priorities and efforts, building effective partnership with government, civil society and other relevant actors.

Since June 2018, UN Women, the International Commission of Jurists and the Office of the United Nations High Commissioner for Human Rights are jointly implementing a five-year programme, entitled Enhancing Access to Justice for Women in Asia and the Pacific: Bridging the gap between formal and informal systems through women’s empowerment. The project is being implemented at the regional level, in initially six countries: Indonesia, Philippines, Nepal, Sri Lanka, Timor-Leste and Vanuatu. The project aims to enhance access to justice for women in formal and informal systems by ensuring that legislation and legal pronouncements (court decisions/judgments) are consistent with international standards and human rights mechanisms, including CEDAW; combat gender discriminatory attitudes in the justice system; and empower grassroots women’s organisations to better document, monitor and liaise with justice providers in their communities.

In Nepal, the access to justice project is part of the Governance and Leadership thematic area of the Nepal Country Office (NCO). Over the years Nepal has made significant progress in guaranteeing women’s rights and ensuring women’s access to justice through constitutional, legal and institutional reform. The Constitution of Nepal promulgated in 2015 ensures equal protection and equal treatment of law to every individual including to women and girls. Despite the progressive provisions and a robust legal framework, there are still gaps and challenges for ensuring access to justice, particularly for women and excluded groups. Patriarchal values and discriminatory social norms deeply entrenched in the society presents formidable barriers to accessing justice, particularly for women and excluded groups. It results in attitudes and behaviour that is insensitive and discriminatory towards women and others marginalised groups. In terms of capacity, there is a need to strengthen the knowledge and skills of justice providers, including of quasi- judicial and informal justice actors, on gender-responsive justice, procedures, and existing legal framework particularly in light of the new federal structure that has made way for enormous changes in laws and policies. The local judicial committees1 established in all the 753 local governments, on the basis of the

1 The JC is headed by Deputy Mayors/Deputy Chairs, where women constitute 92% (693 out of 753) of all deputy mayors in urban and rural municipalities. 10

Constitution of 2015 and the Local Government Operation Act 2017, now have the mandate to settle a range of cases through adjudication and mediation. Despite the mandate and new role that is directly linked to access to justice, most of the elected representatives serving in the JC do not have prior judicial experience and lack adequate knowledge and skills related to laws and gender-responsive justice necessary for enabling access to justice.

The informal justice mechanisms have existed in Nepal since time immemorial and continues to play a significant role in settling family or community disputes. Informal justice mechanisms are more accessible to local communities than formal mechanisms, cost-effective, and operates in local languages that are understood by local communities. However, there is a need to strengthen the skills and capacity of informal justice actors to facilitate gender-responsive justice for greater protection of human rights for women and excluded groups. Similarly, gaps between formal and informal justice mechanisms, and among key stakeholders for access to justice, need to be bridged through better coordination and cooperation.

Another critical challenge in access to justice is the lack of support system for women accessing justice, particularly those who have been subjected to violence and abuse. This challenge has been highlighted in the report on women’s access to justice prepared by the Nepal Judicial Academy.2 The report sheds light on some of the major hindrances for women’s access to justice as financial constraint, fear of re-victimisation from the perpetrators, fear of damaging family’s perceived prestige, lack of knowledge about legal remedies, difficult legal process, lack of trust in justice system, lack of skills in preparing complaints, geographical distance from service providers and language barrier. Reiterating this point, the CEDAW Concluding Observation, 2018, makes a recommendation for “reinforce[ing] targeted outreach activities to disseminate information on the legal framework and the available mechanisms for gaining access to justice and legal aid schemes and promote a culture and a social environment in which justice-seeking by women is viewed as both legitimate and acceptable, rather than as a cause for additional discrimination or stigmatization.”3

To address the critical challenges of access to justice faced by women and excluded groups, the Nepal Country Office will work closely with the duty bearers and rights holders. It will focus primarily on enhancing skills and knowledge of duty bearers to effectively implement and monitor gender-responsive laws, polices, procedures including on Ending Violence Against Women (EVAW), for advancing gender equality and women’s human rights. It will also work towards strengthening coordination and cooperation among key stakeholders for access to justice by bridging the gaps between and among key sectors and service providers. With regard to right holders, the NCO will contribute to strengthening voice, agency and advocacy of women and excluded groups by building their skills and knowledge on relevant laws and policies and gender- responsive justice.

As part of its work on access to justice and implementation of the regional programme, the NCO will strengthen the capacity of frontline justice sector actors – judicial committees, mediators and informal justice actors – to apply gender-responsive laws and procedures to address gender-based discrimination and enhance women’s access to justice in line with SDG 5 and 16. The new federal structure in Nepal presents an unprecedent opportunity to strengthen the capacity of frontline justice actors such as local judicial committees and mediators who in turn can play a significant role in advancing gender equality and strengthening access to justice. The project will empower and build the capacity of grassroots women’s organisations and community-based organisations to document, monitor and track cases related to women’s issues including cases of GBV/VAW and other thematic issues (land, environment, resources, etc) thereby facilitating access to justice. The women’s organisations will also play an active role in raising awareness on

2 Nepal Judicial Academy, Women Access to Justice Report, 2016 3 CEDAW Concluding Observation 2018, p.3. 11 gender discriminatory attitudes and behaviours that hinder access to justice for women and excluded groups in the community. By making the justice system more gender-responsive and empowering communities to demand accountability and justice, the NCO seeks to contribute to the overarching goal of enhancing women’s leadership and gender-responsive governance.

This two-year programme is based on the following theory of change.

Theory of change4

If i. A legal enabling environment for women to access gender-responsive justice is created by advocating for laws and court decisions that are consistent with international human rights law and standards, including the CEDAW;

ii. Plural justice systems are gender-responsive because gaps between justice mechanisms are bridged through increased understanding and awareness of justice system providers of women’s rights;

iii. Grassroots women’s organisations and community-based women’s organisations are empowered and well positioned to document and facilitate interactions between justice mechanisms, and their resilience is enhanced to build a just and sustainable future;

Then Women’s access to justice will be enhanced in the Asia Pacific region.

b. General overview of services required/results

Based on the above Theory of Change (ii & iii)5, the project will have two mutually reinforcing areas of intervention:

1. Awareness and capacity building of key actors from local justice mechanisms to eliminate gender discriminatory attitudes and stereotyped behaviour towards women in plural justice systems; and

2. Empowerment of women to build a just and sustainable future by enabling them to document, monitor, liaise, network and facilitate interactions with all justice providers and by providing safe spaces for discussion among themselves.

In this context, UN Women is disseminating a Call for Proposal to identify a national responsible party with local partners that will be fully responsible for delivering these outputs of the programme detailed below.

4 ToC and mutually reinforcing interventions are drawn from the UN Women’s regional project document. 5 ICJ will be contributing to the first ToC; ICJ and UN Women to the second ToC; and UN Women and OHCHR to the third ToC. 12

II. Description of required services/results

Contributing to:

Strategic Note, Nepal Country Office 2018-2022:

Output NPL_D_1.1.3: Excluded groups have strengthened leadership capacity, voice and agency to demand accountability and transparency for inclusive governance and access to justice at the federal and local levels advancing the implementation of SDG 5 and 16.

UN Women’s Regional Office for Asia and the Pacific Annual Work Plan 2018:

Impact 1: SP Outcome 2: Women lead, participate in and benefit equally from governance systems.

Outcome 1.2: More justice institutions are accessible to and deliver for women and girls

Output 1.2.1: Access to justice is enhanced for Women in Asia and the Pacific.

Nepal A2J project Outcome: Enhanced access to justice for women in formal and informal systems in Asia and the

Pacific, bridged the gap between these systems through women’s empowerment.

To achieve the above objectives, the responsible agency is expected to carry out the activities below in collaboration with the Ministry of Law, Justice and Parliamentary Affairs, and Ministry of Women, Children and Senior Citizen and UN Women Nepal. The project will build linkages and synergy with other interventions of UN Women that are being implemented in similar project locations. The project will also ensure complementarity with activities that are being implemented by other project partners – International Commission of Jurists and Office of the High Commissioner for Human Rights. The project will also build linkage of judicial committees and its users with the judicial outreach programme being carried out by the judiciary. The project will be implemented in a total to 10 municipalities in Province 2 and Sudurpaschim Province (Province 7). Of the total 10 municipalities, 5 will be located in , 2 in Kailali district and 3 municipalities in Doti district.

Output 1: The capacity of local judicial committees (JC), mediators and informal justice actors6 are strengthened to facilitate and enable access to justice for women in 10 municipalities.

Activity 1.1. Develop and disseminate resource packages for the local judicial committees, mediators and informal justice providers in selected municipalities.

Activity 1.1.1. The responsible agency will closely collaborate with the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Women, Children, and Senior Citizen and UN Women to develop:

A resource package for the members of the local judicial committees and mediators. This package will be developed on the basis of:

o Desk review of provisions in the Constitution, Local Government Operation Act, and other relevant federal, provincial and local laws and policies that are related to the establishment

6 Informal justice actors include traditional justice institutions, community leaders, religious leaders, community mediators. 13

and functioning of the local judicial committees and mediation centres. o Desk review of provisions in the Civil and Penal Codes, and other federal laws and policies that are related to cases under the mandate of local judicial committees and mediation centres (particularly those relevant to women such as divorce, harmful practices, violence, land and property) o Based on the review, prepare a comprehensive list of cases that JCs have the power to settle, only through mediation, in line with Section 47 (2) (k) of the Local Government Operation Act. According to Section 47 (2) (k), any other civil disputes filed by a person being plaintiff, may be mediated as per prevailing laws, and criminal disputes involving imprisonment up to one year. o A summarized version of different Acts enacted for enforcement of the constitutionally guaranteed fundamental rights prepared by the Ministry of Law, Justice and Parliamentary Affairs o Prepare one model JC procedure from a GESI perspective7

Develop and disseminate resource package for informal justice actors developed on the basis of:

o Desk review of provisions in the Civil and Penal Codes, particularly provisions related to women’s issues, with the objective of preparing a simplified version of the provisions that can serve as a guidance to informal justice actors o A summarized version of the Fundamental Rights Acts prepared by the Ministry of Law, Justice and Parliamentary Affairs o Review existing guidelines and relevant policies/regulations (including the Essential Services - Package for Women and Girls Subject to Violence) that enable gender and human rights- sensitive judicial procedures and handling of women’s issues

The resource packages will be disseminated to members of the local judicial committees, mediators and informal justice actors in 10 municipalities of Province 2 and Sudurpaschim Province.

Activity 1.2. Conduct situation analysis and training needs assessment to develop necessary training materials for capacity development support to local judicial committees, mediators, informal justice actors and members of grassroots women’s organisations (GWOs) and community-based women’s organisations (CBWOs) in 10 municipalities.

Activity 1.2.1. The responsible agency will undertake the training needs assessment for the project. The assignment will be carried out in three phases: 1) preparatory phase 2) training needs assessment, and 3) design of training manual.

The preparatory phase will involve desk review, situation analysis including appreciative inquiry of the local judicial committees and design of training tools. Desk review will include review of existing training manuals and guidelines developed by the Government of Nepal and other development partners, relevant policies, and literature on local judicial committees (JC), mediators, informal justice actors, and GWOs and CBWOs.

In the subsequent phase, a training needs assessment will be carried out. Qualitative and quantitative data collection for the assessment will be done through FDGs, interviews, KII, survey and consultations with relevant respondents and stakeholders. Data collection will ensure that respondents are selected on the

7 For reference see the “A Common Framework for Gender Equality and Social Inclusion” developed by the IDPG GESI Group, http://www.np.undp.org/content/nepal/en/home/library/gender-equality-and-social-inclusion/common-framework-for- GESI.html 14 basis of various criteria such as gender, educational level, urban-rural, and other forms of social diversity. Fieldwork will cover at least a certain number of municipalities in all three project districts.

The third and final phase will be the design of training manual. Based on the preparatory phase and TNA, an integrated ToT manual will be developed for capacity development of four different constituencies that the project will support – local judicial committees, mediators, informal justice actors, and members of grassroots women’s organisations (GWOs) and community-based women’s organisations (CBWOs). The integrated ToT manual will be designed with the objective of strengthening skills and knowledge of the participants on combating gender discriminatory attitudes and behaviour towards women and excluded groups for strengthening access to justice. The distinct skills and knowledge required for judicial committees, mediators, and informal justice actors to foster gender-responsive access to justice will be explored and elaborated. Similarly, gaps and barriers related to gender-sensitive procedures and considerations for handling and resolving cases related to women and excluded groups will also be elaborated. The pedagogy of the training will be tailored to meet the needs of the four different constituencies supported by the project to foster optimum learning and internalization. The educational level, previous work experience and language needs of potential participants of the training will be addressed while designing and developing the training materials. Teaching format will include role play, simulation, group works, and demonstration.

In addition to knowledge about relevant laws, policies, and access to justice institutions/mechanisms particularly at the local level, the training content regarding GWOs and CBWOs will focus on strengthening specific knowledge and skills for tracking cases related women and other excluded groups (such as GBV/VAW, harmful practices, and other thematic issues), advocacy, documentation, monitoring, and networking. The manual will also cover skills related to stakeholders’ mapping and analysis, social network mapping, resource mapping and mobilisation to strengthen the advocacy of GWOs and CBWOs.

The assignment will be carried out within 30 working days. The deliverables will include a comprehensive and integrated ToT manual for master trainers who will deliver separate training for JC members, mediators, informal justice actors and GWOs and CBWOs. Based on the comprehensive integrated ToT, the expert leading the assessment and development of training materials will develop separate customised resource/reference guides for master trainers and reference materials for participants in the training. This activity should be aligned with Activity 3.1. and 3.2. under Output 3.

Activity 1.3. Organise a Training of Trainers for master trainers (potential legal advisors and resource persons/facilitators) in 10 municipalities.

Activity 1.3.1. Pilot the integrated ToT manual at a five-day Training of Trainers for 30 master trainers. The suggested composition of participants is 15 local lawyers/ legal experts (with the potential to serve as legal advisors to local judicial committee), 7 with community mediators’ background, and at least 8 women human rights defenders preferably those with some legal or community mediation background.

Activity 1.3.2. Conduct a three-day refresher and review training for master trainers. The refresher training and review meeting will allow the participants to refresh their knowledge, skills and reflect on their experiences from the trainings. During the event the training materials will be reviewed and revised on the basis of feedback from master trainers.

Composition and experience: The ToT will be designed for a pool of 30 master trainers. The suggested composition of participants is 15 local lawyers/ legal experts (with the potential to serve as legal advisors to local judicial committee), 7 with community mediators’ background, and at least 8 women human rights

15 defenders preferably those with some legal or community mediation background. Each group of training participants from Sarlahi, Kailali and Doti districts– lawyers and community mediators– will have equal or more representation of women. The master trainers will conduct and facilitate training, orientation, workshops and interactions with various groups such as local judicial committees, mediators, informal justice actors, and GWOs and CBWOs. Of the participants who are lawyers, two will be selected as legal advisors for Sarlahi (one man and one woman), one from Doti (woman) and one from Kailali (woman).

Suggested content of the training: The training will cover a range of topics such as core justice and human rights principles; GESI issue; recent laws, polices, mechanisms, and structures related to women’s rights and excluded groups; gender discriminatory attitudes and behaviour; and issues related to GBV/VAW. The ToT will cover roles and responsibilities of local judicial committees and also provide clarity on the jurisdiction of JCs, mediators and informal justice actors in strengthening gender-responsive justice and access to justice for women and excluded groups. Inputs will be provided on gender-responsive procedures and considerations for handling and resolving cases related to women and excluded groups. The component of the ToT that focuses on GWOs and CBWOs will provide specific knowledge and skills on critical thinking, advocacy, communication, documentation, and monitoring of cases relating to women and excluded groups including GBV/VAW and other thematic issues (land, environment, etc.).

Expected outputs in terms of knowledge and skills: The participants will have gained a solid grounding in the concept of gender quality and social inclusion, and on gender discriminatory norms and behaviour as barriers for access to justice. The participants should be able to apply GESI lens in the process of carrying out their role/mandate as justice actors. They will have the knowledge and skills on gender-sensitive procedures and handling of cases to deliver or facilitate access to justice for women and excluded groups. The GWOs and CBWOs will become familiar with key laws/policies related to a range of women’s issues, existing mechanisms and remedies for accessing justice for women particularly at the local level. In addition, the GWOs and CBWOs will have gained sound knowledge and skills on advocacy, communication, documentation, and monitoring of cases relating to women and excluded groups including GBV/VAW and other thematic issues (land, environment, etc.).

Overall training approach and guiding principles: The TOT will foster critical thinking, self-reflection, cognitive learning, retention and application of knowledge and skills. The training will use effective pedagogy by taking into account the educational level, previous work experience and language needs of participants. The training will be interactive and participatory, and the trainers will use various teaching formats like role play, simulation, group works, and demonstration to deliver the training.

Activity 1.4. Provide capacity development support to local judicial committees in 10 municipalities.

Activity 1.4.1. Organise a three-day training and a two-day refresher training with at least 5 representatives from each of the 10 municipalities. The two trainings will be held in Sarlahi with participants from 5 selected municipalities of Sarlahi district, 2 trainings in Kailali with participants from 5 selected municipalities of Kailali and Doti districts. Each training will be led by two main resource persons, with the participation of district judge as a guest speaker when possible.

Suggested composition of participants: The training participants will comprise at least 5 representatives from each municipality – 3 members of local judicial committees, 1 supporting staff in the municipality responsible for registering complaints and 1 alternate member (appointed in case of conflict of interest).

Suggested content of the training: The training will cover a range of topics such as core justice and human

16 rights principles; GESI issues; recent laws, polices, mechanisms, and structures related to women’s rights and excluded groups; gender discriminatory attitudes and behaviour; and issues related to GBV/VAW. The training will cover roles and responsibilities of local judicial committees, mediators and informal justice actors in strengthening gender-responsive justice and access to justice for women and excluded groups. The training will also provide clarity on the jurisdiction of the mediators. Inputs will be provided on gender- responsive procedures and considerations for handling and resolving cases related to women and excluded groups. The training must be scheduled to accommodate the schedule of the participants, particularly Deputy Mayors/Deputy Chair.

Expected outputs in terms of knowledge and skills: The participants will have gained a solid grounding in the concept of gender quality and social inclusion, and on gender discriminatory norms and behaviour as barriers for access to justice. The participants should be able to apply GESI lens in the process of carrying out their role/mandate as justice actors. They will have the knowledge and skills on gender-sensitive procedures and handling of cases to deliver justice for women and excluded groups. The judicial committees will have gained clarity on their jurisdiction.

Overall training approach and guiding principles: The training will foster critical thinking, self-reflection, cognitive learning, retention and application of knowledge and skills. The training will use effective pedagogy by taking into account the different culture, language needs, educational attainment and prior work experience of the participants. The training will be interactive and participatory, and the trainers will use various teaching formats like role play, simulation, group works, and demonstration to make the delivery of training more engaging and stimulating.

Activity 1.5. Assign legal advisors in three project districts -Sarlahi, Doti and Kailali.

Activity 1.5.1. The responsible agency will assign four legal experts trained during the ToT (2 from Sarlahi comprising one man and one woman, 1 woman from Doti and 1 woman from Kailali) as legal advisors to the local judicial committees. The legal advisors will support the JCs to deliver their mandate in a more gender- sensitive and responsive manner.

Criteria for selection: Criteria for selection of the four legal advisors will be developed by the responsible agency in consultation with UN Women.

Roles and responsibilities/TOR: The legal advisors will be primarily responsible for providing legal advice and inputs to judicial committees to make the process and delivery of justice more gender-responsive. The legal advisors will also provide legal advice to mediators when required. Similarly, the legal advisors will be providing legal advice to members of GWOs and CBWOs supported by the project. The legal advisors will have regular interactions with the members of the local judicial committees and mediators to identify gaps and challenges in carrying out their mandate. The insights gathered by the legal advisors will also inform the refresher training designed for the judicial committee members and mediators. The responsible agency will provide a monthly salary to each legal advisor on a part-time or regular basis as required. A detailed ToR and criteria for salary band will be developed. The salary scale will be determined on the basis of volume and frequency of advisory support provided to the judicial committees, mediators and members of GWOs and CBWOs.

Activity 1.6. Provide capacity development support to mediators in 10 municipalities.

Activity 1.6.1. Organise a two-day training for mediators and one-day refresher in each of the 10

17 municipalities with 30 participants (mediators). The training will be carried out by two resource persons, one of whom must have community meditation background, and a district judge as guest speaker when possible. Composition: The suggested composition of participants is 30 mediators from each municipality.

Suggested training content: The training will be carried out with the objective of sensitizing mediators on gender discriminatory attitudes and behaviour towards women, particularly from excluded groups. The training will cover a range of issues such as core justice and human rights principles; GESI issues, recent laws, polices, mechanisms and structures related to women’s issues; gender discriminatory attitudes and behaviour and issues related to GBV/VAW. The training will impart knowledge on the role of mediators and judicial committees in enabling access to justice for women and excluded groups. Inputs on gender- responsive procedures and considerations for handling and resolving cases related to women and excluded groups. The participation of mediators will ensure representation in terms of gender and other forms of social diversity. In case the roster of mediators under the local judicial committee is not fully established or underway, the training will be organised for local mediators who are carrying out community mediation.

Expected outputs in terms of knowledge and skills: The participants will have gained a solid grounding in the concept of gender quality and social inclusion, and on gender discriminatory norms and behaviour as barriers for access to justice. The participants should be able to apply GESI lens in the process of carrying out their role/mandate as justice actors. They will have the knowledge and skills on gender-sensitive procedures and handling of cases to deliver justice for women and excluded groups.

Overall training approach and guiding principles: The training will foster critical thinking, self-reflection, cognitive learning, retention and application of knowledge and skills. The training will use effective pedagogy by taking into account the different culture, language needs, educational attainment and prior work experience of the participants. The training will be interactive and participatory, and the trainers will use various teaching formats like role play, simulation, group works, and demonstration to make the delivery of training more engaging and stimulating.

Activity 1.7. Provide orientation to Ward Chairs in 10 municipalities.

Activity 1.7.1. Organise a one-day orientation to Ward Chairs and women members of ward committees in the 10 municipalities to sensitize them on gender discriminatory attitudes and behaviour faced by women when accessing justice, and to deepen their understanding on the role that can be played by Ward Chairs and members in facilitating the mandate of the local judicial committees.

Composition: The suggested composition of participants is Ward Chairs and women members from the 10 municipalities. Each event will have around 20-25 participants. In keeping with the number of participants, Ward Chairs and women members of adjoining municipalities maybe brought together in one event.

Suggested orientation content: The orientation will be carried out with the objective of sensitizing Ward Chairs and women members on gender discriminatory attitudes and behaviour faced by women when accessing justice, and strengthening their understanding on the role that can be played by Ward Chairs and women members in facilitating the mandate of the local judicial committees. The orientation will cover a range of issues such as core justice and human rights principles; GESI issues; recent laws, policies, mechanisms and structures related to women’s issues; gender discriminatory attitudes and behaviour and issues related to GBV/VAW. The orientation will also provide knowledge on the role of Ward Chairs in enabling access to justice for women and excluded groups, particularly by supporting the function of judicial committees.

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Expected outputs in terms of knowledge: The participants will have gained knowledge on GESI issues, gender discriminatory attitudes and behaviour as barriers for access to justice. They will have the understanding on the role that can be played by Ward Chairs and women members in facilitating access to justice for women.

Overall orientation approach and guiding principles: The orientation will use effective pedagogy by taking into account the different culture, language needs, educational attainment and prior work experience of the participants. The orientation will be interactive and participatory, and the trainers will use various training formats like role play, simulation, group works, and demonstration to make the delivery of training more engaging and stimulating.

Activity 1.8. Organise interactions to sensitize community on the importance of the independence and impartiality of the judicial committee and mediators for access to justice.

Activity 1.8.1. Organise half-day interactions every year8 in 10 municipalities of Sarlahi, Doti and Kailali districts with at least 40 participants in each event. The event will be organised with the objective of sensitizing the participants on the importance of the independence and impartiality of JCs/mediators for enabling access to justice for all, particularly for women and excluded groups. These interactions will also sensitize the participants on the importance of GESI, and importance of women’s access to justice for realization of women’s rights. The interactions will be aimed at sensitizing participants on the significance of fairness, impartiality and independence of JC/mediators in strengthening access to justice for women and marginalised groups. Potential participants for the event could include, but are not limited to, family and community members, Mayor/Chair, other elected representatives including Ward Chairs and Ward members, political party representatives, informal justice actors, religious leaders, community leaders, media and CSOs.

Activity 1.9. Provide capacity development support to informal justice actors to ensure their alignment with Nepal’s justice system and legal framework in the 10 municipalities.

Activity 1.9.1. Organise a two-day workshop and one-day refresher training for 30 informal justice actors with the objective of identifying the challenges and gaps they face while facilitating access to justice. The participants will comprise informal justice actors such as member of indigenous traditional institutions, community leaders, religions leaders, WHRDs, etc.

Suggested content of the training: The training will cover a range of topics such as core justice and human rights principles; GESI issues; recent laws, polices, mechanisms, and structures related to women’s rights and excluded groups; gender discriminatory attitudes and behaviour; and issues related to GBV/VAW. The training will cover roles and responsibilities of local judicial committees, mediators and informal justice actors in strengthening gender-responsive justice and access to justice for women and excluded groups. Inputs will be provided on gender-responsive procedures and considerations for handling and resolving cases related to women and excluded groups. The workshop will seek to strengthen participants’ awareness on gender discriminatory attitudes and behaviour towards women and equip informal justice actors with the knowledge and skills required to resolve cases related to women in line with law.

Expected outputs in terms of knowledge and skills: The participants will have gained a solid grounding in the

8 Organising an event/activity every year means that the event/activity will take place two times during the two-year long project period. 19 concept of gender quality and social inclusion, and on gender discriminatory norms and behaviour as barriers for access to justice. The participants should be able to apply GESI lens in the process of carrying out their role as informal justice actors. They will have the knowledge and skills on gender-sensitive procedures and handling of cases to deliver justice for women and excluded groups. The workshop will have strengthened the capacity of informal justice actors to facilitate gender-sensitive justice and referrals to relevant justice actors, and to contribute to strengthening access to justice of women by acting as a bridge between the community and formal justice systems.

Overall training approach and guiding principles: The training will foster critical thinking, self-reflection, cognitive learning, retention and application of knowledge and skills. The training will use effective pedagogy by taking into account the different culture, language needs, and educational attainment of the participants. The training will be interactive and participatory, and the trainers will use various teaching formats like role play, simulation, group works, and demonstration to make the delivery of training more engaging and stimulating.

Key deliverables under Output 1

 Resource packages for the local judicial committees, mediators, and informal justice providers  Comprehensive reports on situation analysis and training needs assessment  An integrated ToT manual to strengthen capacity of four different constituencies supported through the project – local judicial committees, mediators, informal justice actors and members of grassroots women’s organisations (GWOs) and community-based women’s organisations (CBWOs)  Customised reference guides for master trainers and reference materials for training participants  TOT and refresher/review event for master trainers  Separate trainings and refresher trainings for JC, mediators, and informal justice actors  Orientation for Ward Chairs and women members  Selection and recruitment of four legal advisors  Sensitization events in the communities on the importance of the independence and impartiality of JCs and mediators for access to justice  Reports and documents related to the activities

Output 2: Gaps between formal and informal justice systems are bridged through dialogue and sharing of experiences.

Activity 2.1. Organise sharing of best practices and experiences for members of local judicial committees and mediators in 10 municipalities.

Activity 2.1.1. Organise a one-day sharing event in Kailali (25 participants) and Sarlahi district (25 participants) each year with the objective of providing a platform for members of local judicial committees and other related members trained in the project to meet, share best practices, experiences and challenges. The event in Dhangadi will include all the JC members from Doti and Kailali trained through the project, and the event in Sarlahi will include JC members from Sarlahi.

Activity 2.1.2. Organise a one-day sharing event for mediators (Sarlahi, Kailali and Doti) with the objective of providing a platform for mediators to meet, share best practices, experiences and challenges. The RP will be responsible for organising 5 such events every year, bringing together all the mediators trained through the project.

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Activity 2.1.3. Organise one-day sharing event for informal justice actors (Sarlahi, Kailali and Doti) with the objective of providing a platform for mediators to meet, share best practices, experiences and challenges. The RP will be responsible for organising 5 such events every year, bringing together all the informal justice actors trained through the project.

Activity 2.1.4. Organise a one-day sharing event amongst selected judicial committee members, mediators and informal justice actors (one event in Sarlahi and one event in Dhangadi) with the objective of providing a platform for mediators to meet, share best practices, experiences and challenges each year. Each event will have around 50 participants. The interactions will be aimed at fostering mentorship, supporting peer- learning, and enabling members of the local judicial committees, mediators and informal justice actors to contribute to strengthening access to justice for women and marginalised groups. The interactions will be facilitated by resource persons.

Activity 2.2. Organise dialogues/interactions among diverse justice actors from the local and district level to foster communication, coordination and cooperation among key actors in the justice sector for strengthening access to justice for women and excluded groups.

Activity 2.2.1. Organise one half-day interaction each year in Sarlahi, Doti and Kailali with at least 35 participants comprising key local and district-level stakeholders for access to justice. The interactions will be organised with the objective of fostering communication, coordination and cooperation amongst key stakeholders through sharing of experiences, best practices and challenges regarding women’s access to justice. The interaction will focus on various issues such as trend of GBV/VAW cases related to women and excluded groups, emerging issues, gaps and way forward. Participants in these interactions will include members of local judicial committees, other local elected representatives, members of Justice Sector Coordination Committee, mediators, judges, prosecutors, police, lawyers, and grassroots women’s organisations, Women Human Rights Defenders, legal aid and health sector representatives, and media. A brief presentation on the trend and key issues particularly in the three project districts will be made by a representative of a GWO or a WHRD with support from the legal advisor.

Key deliverables under Output 2  Events for sharing best practices, learning and bridging gaps between formal and informal justice systems for judicial committees, mediators and informal justice actors.  Dialogues/interactions among diverse justice actors from the local and district level  Reports and documents related to the activities

Output 3: Grassroots women’s organisations and community-based women’s organisations are strengthened to advocate for women’s access to justice.

Activity 3.1. Organise a three-day additional training for 8 master trainers (preferably WHRDs) on tracking cases related to women, documentation, monitoring, and advocacy (This activity needs to be aligned with Activity 1.2)

Activity 3.1.1 Organise a three-day additional training for 8 master trainers (preferably WHRDs) on tracking cases related to women, documentation, monitoring, and advocacy.

Activity 3.2. Strengthen capacity of grassroots women organisation and community-based women’s organisations to advocate for women’s access to justice.

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Activity 3.2.1. Organise a three-day training and a two-day refresher training for around 60 participants, comprising members of GWOs and CBWOs from the three project districts. The training will have participation of six members of GWOs or CBWOs from each municipality. The three-day training will be held in Sarlahi district with 30 participants and in Dhangadi with 30 participants from Kailali and Doti districts. The participants of the training will act as focal points for their organisations and local community.

Activity 3.2.2. The GWOs and CBWOs will receive small grants/nominal institutional support to facilitate their advocacy for women and excluded groups. The fund will be used for immediate and emergency support to survivors who approach the GWOs and CBWOs to support their cases. Criteria for proper utilisation and management of the fund will be developed by the responsible agency to effectively manage the fund.

Activity 3.2.3. Provide 60 members of GWOs and CBWOs with financial support to meet communication and local transportation cost incurred in the process of monitoring, documentation, and tracking cases related to women and excluded groups.

The 4 legal advisors to the local judicial committees will also provide guidance and advisory support, when required, to the members of GWOs and CBWOs. Through the training, financial support and legal guidance provided to the GWOs and CBWOs, the activity seeks to strengthen the capacity of the GWOs and CBWOs to: a) provide support and guidance to women and excluded groups in line with Nepal’s legal frameworks, b) monitor and document cases and situation brought by women before formal and informal justice mechanisms, and c) liaise and engage with frontline justice providers, Women Human Rights Defenders and relevant government agencies to facilitate information sharing and to seek accountability from justice actors and other service providers.

Activity 3.3. Organise interactions with women, particularly those from vulnerable and marginalised groups, to raise their knowledge and resilience to access to justice.

Activity 3.3.1. Organise at least six half-day interactions per year (in different locations) in each of the selected 10 municipalities in Sarlahi, Kailali and Doti districts with at least 35 participants comprising women, particularly women and girls from marginalised and vulnerable groups. The interaction events will be facilitated by two members of the GWOs or CBWOs with the objective of providing safe spaces for sharing information and experiences of women with regard to access to justice. It will particularly include women and girls who are marginalised and vulnerable. Some of the interactions will also be organised particularly for excluded groups such as LBTI, disabled women and Dalit women.

Key content covered during the interaction: The representatives from GWOs and CBWOs will share knowledge about the rights and issues of women and excluded groups, information about justice actors and key service providers, range of issues affecting women including GBV/violence against women, harmful practices, gender discriminatory attitudes and behaviour. The interactions will avoid prescriptive approaches so that women are free to choose and decide the way in which they want to utilize the information/knowledge they receive.

Objective and outputs: These meetings will be arranged with the objective of creating safe spaces for women to discuss and share their experiences. These meetings will have enabled women to: a) learn about different justice systems available to them, in particular its roles, responsibilities and processes, b) identify and select cases or situations among themselves that they may wish to follow up with formal and informal justice providers, c) discuss these issues before presenting to formal and informal justice adjudicators, and d) discuss the process and outcomes of the cases and situations brought before formal and informal justice

22 adjudicators and the extent to which these outcomes protect women’s human rights. These cases and situations may serve as concrete examples for other women and encourage them to bring up similar cases, thereby increasing their demand for justice. The cases and situations discussed may include any justice issue that women identify as priority matters, including those related to violence against women, divorce, land rights and access to natural resources. During or at the end of the meetings, participants will be offered the possibility to approach the focal points from the grassroots women’s organisations or community-based women’s organisations for guidance and support. One of the representatives of GWOs or CBWOs will take notes and prepare a report for each meeting.

Activity 3.4. Support GWOs and CBWOs to carry out awareness-raising activities in communities regarding gender discriminatory attitudes and behaviour as barriers to women’s access to justice.

Activity 3.4.1 One-day orientation for 20 participants comprising members of youth groups on social norms, attitudes and behaviour with regard to access to justice for women and marginalised groups in each of the 10 municipalities.

Activity 3.4.2. Organise at least four half-day awareness events in different schools each year in each of the 10 municipalities on social norms, attitudes and behaviour with regard to access to justice for women and marginalised groups. Each event will have at least 35 participants including school teachers and administrators, school management committee members, youths, adolescent, and members of community. The event will be organised by members of GWOs and CBWOs in collaboration with youth group members.

Activity 3.4.3. Organise a half-day awareness event in 10 different locations of each of the 10 municipalities in Sarlahi, Kailali and Doti districts on social norms, attitudes and behaviour with regard to access to justice for women and marginalised groups. Each event will have at least 35 participants, particularly men, boy, in- laws and influential community members.

GWOs and CBWOs will be supported by the responsible agency to develop and carry out awareness-raising activities in their communities with the objective of sensitizing community members on discriminatory attitudes and social norms that hinder access justice for women and marginalised groups. Major focus will be on men, boys, elected representatives and other relevant groups. These activities could bring up a range of issues related to social norms such as social stigma attached to help-seeking behaviour, gender discriminatory attitudes and behaviour that limit women’s access to justice, linkages between discriminatory attitudes and GBV/VAW. The activities will seek to address deeply-entrenched patriarchal norms, and promote positive social norms based on principle of human rights and justice. The activities will encourage participants to take concrete steps to support women’s access to justice. The activities should be interactive and participatory in nature.

Activity 3.5. Interactions between women from local communities, justice service actors and women’s rights advocates.

Activity 3.5.1. Organise one half-day interactions (1 interaction per municipality per year) among women from local communities, justice service actors, law enforcement officials, women’s rights advocates and media. These interactions will be aimed at fostering accountability of justice actors and building trust of local communities towards duty bearers. There will be around 40 participants in each event.

Activity 3.6. Organise community dialogue with duty bearers (representatives of the local governments) on issues related to access to justice.

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Activity 3.6.1. Organise one community dialogue each year in each of the 10 municipalities to bring the duty bears and community members together to discuss issues related to access to justice for women. There should be at least 35 participants from GWOs and CBWOs, and other members of the community.

Activity 3.7. Organise sharing and learning events for members of GWOs and CBWOs.

Activity 3.7.1. Organise sharing and learning events for members of GWOs and CBWOs supported though the project for sharing their experience, challenge and to build solidarity.

Activity 3.7.1. Organise one-day event (once a year), one each in Sarlahi and Dhangadi, to create a platform for the 60 trained members of GWOs and CBWOs to share, learn and build solidarity. The program will be facilitated by WHRDs or master trainers.

Activity 3.8. Provide orientation to media persons to sensitize them on issues related to women’s access to justice and to support advocacy of GWOs and CBWOs.

Activity 3.8.1. Organise a two-day orientation to media on gender-responsive reporting and raise their awareness on key issues related to women in the project locations. The two-day orientation will be held in Sarlahi for 20 local media persons (radio, print, online, tv), and another one in Kailali for local media persons from Doti and Kailali districts (with 20 participants). The media persons and journalists will be linked to GWOs and CBWOs to cover their stories and amplify advocacy on women’s access to justice. Similarly, this should contribute to increased sensitivity of the media persons in terms of their reporting and coverage on issues related to women’s issues.

Activity 3.8.2. Organise six half-day interactions between GWOs and CBWOs and media person, comprising 35 participants, to strengthen reporting and advocacy related to access to justice. Key deliverables under Output 3

 Training on tracking cases related to women, documentation, monitoring and advocacy for master trainers  Training to build capacity of GWOs and CBWOs on tracking cases related to women, documentation, monitoring and advocacy  Delivery of support to GWOs and CBWOs such as small grants/nominal institutional support and legal advisors  Interactions with women to raise their knowledge and resilience to access to justice  Interactions in the community to address social norms, attitudes and behaviour with regard to access to justice for women and marginalised groups  Interactions between women from local communities, justice service actors and women’s rights advocates  Interactions/community dialogues for duty bears and community members to discuss issues related to access to justice for women and excluded groups  Orientation to media on gender-responsive reporting  Interactions between GWOs and CBWOs and media person to strengthen reporting and advocacy related to access to justice  Reports and documentation related to the activities

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III. Project location

The project activities will be implemented in Province 2 and Sudurpaschim Province (Province 7). The selected municipalities in the two provinces are as follow:

 Districts and Municipalities selected in Province 2:

o Sarlahi District: Bagmati municipality, municipality, municipality, Chandranagar rural municipality and Brahmpuri rural municipality

 Districts and Municipalities selected in Sudurpaschim Province (Province 7):

o Doti District: Shikhar municipality, Dipayal Silgadhi municipality and Badikedar rural municipality o Kailali District: Bhajani municipality, Kailari rural municipality

IV. Project monitoring

Project implementation committees will be formed either at the provincial level or at the district level comprising key stakeholders for access to justice, CSO representative, and a GESI expert. The project implementation committees will meet at least two times a year. The responsible agency will coordinate and facilitate the meetings of the PIC. The project implementation committee will be updated on the progress of the project and will provide guidance for effective implementation of the project.

V. Competencies

a. Technical/functional competencies required Demonstrate technical competencies in the area (or areas) where the applicant is applying:  Proven technical competencies in strengthening the capacities of elected representatives and/or justice actors  Sound knowledge of the justice system of Nepal, in particular in the new context and in relation to the creation of the Judicial Committee at the local level  Demonstrated experience in implementing programme on gender equality and women’s empowerment, and in formulating result-oriented programme, monitoring programme based on indicators and quality reporting  Proven organisational experience in building strategic partnerships, connections and networks with relevant partners, including women-led organisations, CSOs and government agencies at all levels  Demonstrated commitment to working with women and girls that are economically, socially, culturally, or otherwise excluded, excluded and/or marginalised.

b. Other competencies, which while not required, can be an asset for the performance of services  Tested approach on human rights-based and feminist approaches to advance women’s access to justice and for ensuring their voices and needs as rights-holders  Proven experience in developing result-based programmes

VI. Timeframe

Starting from 15 April 2019 up to 2 years. 25

Annex B1-1

Proposal/no proposal confirmation form

If after assessing this opportunity, you have made the determination not to submit your proposal we would appreciate if you could return this form indicating your reasons for non-participation.

Date: To: UNWOMEN Email:

From:

Subject ______

( ) YES, we intend to submit an offer.

( ) NO, we are unable to submit a proposal in response to the above-mentioned Call for Proposal due to the reason(s) listed below: ( ) The requested products are not within our range of services/supply ( ) We are unable to submit a competitive proposal for the requested services at the moment ( ) We cannot meet the requested terms of reference ( ) Your CFP is too complicated ( ) Insufficient time is allowed to prepare a proposal ( ) We cannot meet the delivery requirements ( ) We cannot adhere to your terms and conditions (please specify: payment terms, request for performance security, etc.) ( ) Other (please provide reasons)______( ) We would like to receive future CFPs for this type of services ( ) We don’t want to receive CFPs for this type of services

If UNWOMEN has questions to the proponent concerning this NO PROPOSAL, UNWOMEN should contact Mr./Ms.______, phone/email ______, who will be able to assist.

26

Annex B1-2

Call for proposal Description of Services: CFP No.

Mandatory requirements/pre-qualification criteria

Proponents are requested to complete this form and return it as part of their submission. Proponents will receive a pass/fail rating on this section. To be considered, proponents must meet all the mandatory criteria described below. All questions should be answered on this form or an exact duplicate thereof. UN WOMEN reserves the right to verify any information contained in proponent’s response or to request additional information after the proposal is received. Incomplete or inadequate responses, lack of response or misrepresentation in responding to any questions will result in disqualification.

a. Mandatory requirements/pre-qualification criteria b. Proponent’s response 1.1. Confirm that the services being requested are part of the key Reference #1: services that the proponent has been performing as an Reference #2: organization. This must be supported by a list of at least two customer references for which similar service is currently or has been provided by the proponent. 1.2. Confirm proponent is duly registered or has the legal basis/mandate Yes/No as an organization

1.3. Confirm proponent as an organization has been in Yes/No operation for at least five (5) years

1.4. Confirm proponent has a permanent office within the Yes/No location area.

1.5. Proponent must agree to a site visit at a customer location in the Yes/No location or area with a similar scope of work as the one described in this CFP. 1.6 Confirm that proponent has not been the subject of a finding of Yes/No fraud or any other relevant misconduct following an investigation conducted by UN Women or another United Nations entity. The Proponent must indicate if it is currently under investigation for fraud or any other relevant misconduct by UN Women or another United Nations entity and provide details of any such investigation 1.7 Confirm that proponent has not been placed on any relevant Yes/No sanctions list including as a minimum the Consolidated United Nations Security Council Sanctions List(s)

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Annex B1-3

Call for proposal Description of Services CFP No.

Technical proposal submission form

a. This Technical Proposal Submission Form must be completed in its entirety. b. This Technical Proposal Submission Form consists of this cover page, the Certificate of Proponent’s Eligibility and Authority to sign Proposal and the Technical Proposal itself.

The entire Technical Proposal and all required and optional documentation related to the technical component of the proposal must be included in an email with email subject line as follows:

CFP No ( ) - (Name of Proponent) - Technical proposal

c. The Technical Proposal email is herewith submitted in accordance with the instructions given in the request for proposal. d. The completed and signed Technical Proposal Submission Form, together with the mandatory requirements / pre-qualification criteria document completed by me (Appendix 1 to this proposal), together with any other supporting documentation submitted in accordance with this CFP and/or voluntarily constitutes the proponent’s Technical Proposal and fully responds to the request for proposal No (______)

Proponent’s Eligibility Confirmation and Information Proponent’s Response

1. What year was your organization established?

2. In what province/state/country is your organization established?

3. Has your organization ever been adjudged bankrupt, or been liquidated, or Yes ; No been insolvent, or applied for a moratorium or stay on any payment or repayment obligations, or applied to be declared insolvent? (If YES, explain in detail the reasons why, filing date, and current status.) 4. Has your organization ever been terminated for non-performance on a contract? Yes ; No If YES, describe in detail.

5. Has your organization or any of its members including employees and personnel ever been suspended or debarred by any government, a UN agency or other international organization and/or placed on any relevant sanctions list including the Consolidated United Nations Security Council Sanctions List(s) - https://www.un.org/sc/suborg/en/sanctions/un-sc-consolidated-list or been the subject of an adverse judgment or award? If YES, provide details, including date of reinstatement, if applicable. (If proponent is currently on any relevant sanctions list this should be disclosed in Annex B and is grounds for immediate rejection)

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Proponent’s Eligibility Confirmation and Information Proponent’s Response

6. It is UNWOMEN policy to require that proponents and their sub-contractors Confirm observe the highest standard of ethics during the selection and execution of contracts. In this context, any action taken by a party or a sub-contractor to Yes ; No influence the selection process or contract execution for undue advantage is improper. Proponent must confirm that it has receipt and full acceptance of UN WOMEN Anti-Fraud Policy Framework as part of Annex B. Confirm that the proponent and its sub-contractors has not engaged in any conduct contrary to that Policy including in competing for this CFP. 7. Officials not to benefit: Confirm that no official of UNWOMEN has received or Confirm will be offered by the proponent or its sub-contractors, any direct or indirect benefit arising from this CFP or any resulting contracts. Yes ; No 8. Confirm that the proponent is not engaged in any activity that would put Confirm it, if selected for this assignment, in a conflict of interest with UNWOMEN. Yes ; No 9. Confirm that the proponent and your sub-contractors have not been associated, or Confirm had been involved in any way, directly or indirectly, with the preparation of the design,terms of references and / or other documents used as a part of this Yes ; No CFP. 10. UNWOMEN policy restricts organizations from participating in a CFP or Confirm receiving UNWOMEN contracts if a UNWOMEN staff member or their immediate family are an owner, officer, partner or board member or in which Yes ; No the staff member or their immediate family has a financial interest. Confirm that no UNWOMEN staff member or their immediate family are an owner, officer, partner or board member or have a financial interest in either the proponent or its sub-contractors.

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I, (Name) certify that I am (Position) ______of (Name of Organization) ______; that by signing this Proposal for and on behalf of (Name of Organization)______, I am certifying that all information contained herein is accurate and truthful and that the signing of this Proposal is within the scope of my powers.

I, by signing this Proposal, commit to be bound by this Technical Proposal for carrying out the range of services as specified in the CFP package.

(Seal)

(Signature)

(Printed Name and Title)

(Date)

Provide the name and contact information for the primary contact from your organization for this CFP:

Name:

Title:

Address:

Telephone Number

Fax Number:

Email Address:

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Technical proposal submission form

The proponent’s proposal must be organized to follow the format of this CFP. Each proponent must respond to every stated request or requirement and indicate that proponent confirms acceptance of and understands UNWOMEN stated requirements. The proponent should identify any substantive assumption made in preparing its proposal. Any item not specifically addressed in the proponent’s proposal will be deemed as accepted by the proponent. The terms “proponent” refer to those organizations that submit a proposal pursuant to this CFP. Where the proponent is presented with a requirement or asked to use a specific approach, the proponent must not only state its acceptance, but also describe, where appropriate, how it intends to comply. Failure to provide an answer to an item will be considered an acceptance of the item. Where a descriptive response is requested, failure to provide the same will be viewed as non-responsive. Where a statement of non-compliance is provided, the proponent must indicate its reasons and explain its proposed alternative, if applicable, and the advantages and disadvantages to UNWOMEN of such proposal.

The development of the Technical Proposal must be guided by the evaluation criteria presented below and provide a description of the technical approach, relevance and capacity (technical; governance and management; and financial and administrative). Section Points Criteria Proponent’s Response 1 30 Technical description and feasibility/appropriateness of the proposal responding to the expected results • Clarity on the situation and problem identification (10 points) • Soundness of the strategy, proposed activities and expected results against the problem analysis (15 points) • Realistic work plan to complete the activities (5 points) 2 20 Technical capacity and relevant experience: (See Capacity Assessment Checklist)  Specialised knowledge and experience in Gender Equality and Women Empowerment, access to justice, particularly of women and marginalised groups, especially to qualify the applicant for this particular UN Women support (10 points)  Clear alignment of the organisational/institutional mandate and fields of activities with the overall goal and objectives of GEWE (5 points)  Relevant experience in organising and coordinating with government agencies and CSOs (5 points)

3 15 Financial and administrative management capacity: (See Capacity Assessment Checklist)  Demonstration of past capacity to successfully implement similar projects  Demonstration of management arrangement for the required services, including monitoring and reporting and if relevant, evaluation  Intention to sub-contract significant number of activities to others

4 5 Partnerships:  Strong partnership and connections with relevant organisations including at the provincial and local level Provide a minimum of two relevant references of similar successful project 70 TOTAL

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Annex B1-4

Call for proposal Description of Services CFP No.

Financial proposal submission form

a. This Financial Proposal Submission Form must be completed in its entirety. b. Financial proposals must be submitted in: (currency)

The entire Price Proposal must be placed in a separate email/attachment When submitting by email, the email subject line should read: CFP No ( ) – (Name of proponent) - Financial proposal

c. The completed Financial Proposal Submission Form constitutes Proponent’s Financial Proposal and fully responds to Request for Proposal No Error! Reference source not found. I commit my Proposal to be bound by this Financial Proposal for carrying out the range of services as specified in the CFP package.

In compliance with this CFP the undersigned, propose to furnish all labour, materials and equipment to provide goods and services as stipulated in the CFP. This shall be done at the price set in this Schedule and in accordance with the terms in this CFP.

(Signature) (Name)

(Name of proponent)

(Date) (Address)

(Telephone No.)

(Email address)

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Annex B1-5

Call for proposal Description of Services: CFP No.

Format of resume for proposed staff

Name of Staff:

Title:

Years with Firm: Nationality:

Education/Qualifications: (Summarize college/university and other specialized education of staff member, giving names of schools, dates attended and degrees-professional qualifications obtained.

Employment Record/Experience

(Starting with present position, list in reverse order, every employment held. List all positions held by staff member since graduation, giving dates, names of employing organization, title of position held and location of employment. For experience in last five years, detail the type of activities performed, degree of responsibilities, location of assignments and any other information or professional experience considered pertinent for this assignment.

References

Provide names and addresses for two (2) references.

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Annex B1-6

Call for proposal Description of Services CFP No.

Capacity Assessment Document Checklist For Potential Implementing Partners/Responsible Parties Governance, Management and Technical

Document Mandatory / Yes / No Optional Legal registration Mandatory Rules of Governance / Statues of the organization Mandatory Organigram of the organization Mandatory List of Key management Mandatory

CVs of Key Staff proposed for the engagement Mandatory

with UN Women

Anti-Fraud Policy Framework Mandatory

Prevention on Sexual Exploitation and Abuse Mandatory

Administration and Finance Document Mandatory / Yes / No Optional Administrative and Financial Rules of the Mandatory organization Internal Control Framework Mandatory Audited Statements of last 3 years Mandatory List of Banks Name of External Auditors

Procurement Document Mandatory / Yes / No Optional Procurement Manual Mandatory Procurement Code of Conduct List of main suppliers / vendors

Client Relationship Document Mandatory / Yes / No Optional List of main clients / donors Mandatory Two references Mandatory Past reports to clients / donors for last 3 years

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