|Overview : |
TERMS OF REFERENCE
TECHNICAL WRITER-RESEARCHER FOR THE JUDICIARY INITIATIVE TO ENHANCE ACCESS TO JUSTICE IN UNDERSERVED AREAS
- Background Information and Rationale, Project Description
Access to justice is a worldwide concern not only of the judiciary in every country but also among the other pillars of justice. In the Philippines, judicial reform to address the different components of access to justice largely focuses on the marginalized peoples or citizens in underserved urban or rural areas.
The Supreme Court issued Memorandum Order No. 35-2017 dated June 8, 2017 creating the Committee to Enhance Access to Justice in Underserved Areas, chaired by the Honorable Marvic M.V.F. Leonen, Associate Justice, Supreme Court. The members were chosen from justices in the Court of Appeals, judges, Court Administrator and other officials in the SC.
The duties of the Committee relevant to this proposed judiciary initiative to enhance justice in underserved areas are: to "conduct formal and informal consultations with populations in underserved areas with regard to their conditions and difficulties in accessing justice, and propose policy guidelines and relevant recommendations to the Office of the Chief Justice and/or the Court relative to the above-mentioned functions".
Access to justice has been defined in a number of different ways borne out of the different assessments done by different organizations around the world. The varying definitions resulted from the different approaches taken as a point of departure for those assessment.
Regardless of the approach, most assessments would look at access to justice from both formal and informal perspectives and as means to "ensure that the poor, disadvantaged and marginalized populations gain understanding, knowledge, confidence, a voice and a physical access to appropriate and effective means of meeting their justice needs and furthering their rights". (UNDP, 2012)
The following elements/components of access to justice have been identified by the American Bar Association (ABA) as essential if "citizens are to be able and willing to use justice institutions" (ABA, 2012):
- Legal Framework — Laws and regulations establish citizens' rights and duties, and provide citizens with mechanisms to solve their justice problems.
- Legal Knowledge — Citizens are aware of their rights and duties, and the mechanisms available to solve their justice problems.
- Legal Advice and Representation — Citizens can access the legal advice and representation necessary to solve their justice problems.
- Access to a Justice Institution — Justice institutions exists, whether formal or informal, which are affordable and accessible, and process cases in a timely manner.
Fair Procedure — Justice Institutions, whether formal or informal, ensure that citizens have an opportunity to present their case and disputes are adjudicated impartially and without improper influence. Where cases are resolved by mediation, citizens make voluntary and informed decisions to settle.
vi. Enforceable Decisions Justice institutions are able to enforce their decisions, including through the use of sanctions.
The proposed initiative seeks to align with the 2030 Agenda for Sustainable Development, the core of which are the Sustainable Development Goals (SDGs) particularly for SDG 16 — a goal on peace, justice and strong institutions.
1. Long Term Objectives
The judiciary initiative aims to:
1.1 Gather data and information on prevailing issues and challenges on justice related problems at the grassroots level from both the demand and supply side (e.g. cost ofjustice, identity, etc.);
1.2 Provide inputs to the Court on how to enhance OCA efficiency, and hindrances to access to justice, and
1.3 Make periodic recommendations to the Court on how access to justice mechanisms could further be improved, and how it could align with the Sustainable Development Goals especially on the promotion of a just, peaceful and inclusive society.
2. Short Term Objectives for 2018
2.1 The initial phase this 2018 will focus on scoping activities to surface preliminary data on prevailing issues/challenges on justice related concerns in underserved areas;
2.2 To use the scoping results to develop/refine the methodology on how to assess and define what "underserved" is; identify areas which are underserved and identify and define access to justice issues for the underserved, both at the urban and rural areas. The methodology should also include the gender perspective;
2.3 To use the scoping phase as an avenue to develop a more realistic and concrete definition of what underserved areas means (or establish indicators of what an underserved area is); and
2.4 To use the scoping results as a starting point to develop a multi-level ( 5 year) development plan to enhance access to justice initiatives in identified underserved areas.
C. Scope of Work
The Committee to Enhance Access to Justice in Underserved Areas (CEAJUA) shall take the lead in providing the directions for this activity, the PMO will give the logistical support in coordination with the UNDP.
The Individual Contractor/Responsible Party (IC/RP) is expected to undertake the following:
- Map out, generate data, and provide a situationer/overview of the current state of the underserved areas to be visited by the Project relative to access to justice concerns;
- Draft a scoping guide to be used during the exploratory consultations in the targeted underserved areas;
- Assist in facilitating/moderating the conduct of multi-sector scoping activities in the targeted underserved areas;
- Refine the methodology on how to assess, define, and identify indicators of what "underserved" areas look like in the Philippines; identify access to justice challenges/issues faced by the target areas, and incorporate in the methodology a gender perspective through the assistance of a gender specialist; and
- To propose a 5-year development plan to enhance access to justice initiatives in the underserved areas using the results of the scoping activities as a take-off point.
D. Expected Outputs and Deliverables
- One (1) Inception Report: Situationer on the current state of access to justice in underserved areas
- One (1) Scoping Guide for use in the exploratory consultations in the targeted underserved areas with a gender perspective
- One (1) review session with the Implementing Partner/UNDP Representatives on the Situationer and Scoping Guide
- One (1) scoping activities conducted in one (1) or two (2) underserved areas
- One (1) Final Report on the scoping activities including a refined methodology
- One (1) Draft of a multi-sector and multi-year development plan to enhance access to justice initiatives in the underserved areas with focus on gender
Output 1 :lnception Report: Overview and scoping guide
Preparation of the Situationer and scoping guide
Submission to the CEAJUA for comments
2nd week of
Output 2: Review session with IP/UND
One (l) review session report with the IP representatives
Incorporate/edit situationer/ scoping guide and other adjustments if needed
3rd week of
Output 3: Conduct of Scoping activities
Actual conduct and documentation of the scoping activities
August to September 2018
Output 4: Submission of Final Report
Writing of Report and recommendations
Submission of Final Report to the IP/UNDP including the proposed development plan
Acceptance of Report
2nd Week of
3rd Week of
1st Week of
E. Governance and Accountability
The Supreme Court of the Philippines, as Implementing Partner (IP), and Individual Contractor (IC) shall carry out all activities specified in this TOR that are consistent with the Annual Work Plan (AWP) and National Implementation by Government of UNDP Supported Projects: Guidelines and Procedures (NIM). The Individual Contractor shall perform the tasks with due diligence and efficiency, and warrant that the quality of work completed is in accordance with professional and technical standards acceptable to the IP and UNDP.
The IP shall be responsible for the overall coordination and supervision of the Project. It shall be responsible for monitoring and recommending approval and acceptance of the project outputs. It shall advise and coordinate with the IC the monitoring and reporting requirements and deadlines to be observed by both the IP and IC.
The IC is expected to implement and take charge of coordinating activities and schedules with the agencies and organizations, and documentation of activities identified relevant to this assignment and the IP to ensure a successful implementation.
The IP reserves the exclusive proprietary rights, copyrights, and all other rights to any of the materials produced pertinent to this Terms of Reference and the Project. It is emphasized that the IC may not use, distribute, or make reference of the material/s without prior permission from the IP.
All knowledge products, reports, plans and other documentations produced for the activity shall include the UNDP, GOP and the IP logos. Production of reports and plans shall be in hard copy and electronic formats. Copies shall be provided to the IP, SCP units concerned, other pillars/stakeholders and UNDP.
F. Facilities to be provided by UNDP and the IP
Equipment, communications cost and rental fees required for carrying out the assignment shall be borne by the IC.
G. Expected Duration of the Contract/Assignment
The Project shall be implemented in two (2) months after signing of the contract, estimated to be implemented from 15 August to 15 October 2018.
The Individual Contractors/Responsible Parties may hold office at their preferred place, and is not required to report regularly to the PMO.
I.Price and Schedule of Payments
The total price of the contract for each Individual Contractor should be inclusive of applicable taxes. Other expenses such as travel, meals, accommodation, communication, the cost of consultation meetings/learning costs, and supplies and materials shall be shouldered by the IP. The contract price is a fixed output based price regardless of any extension or reduction of the duration of the engagement. The schedule of payments is as follows:
Upon signing of contract by the Contractor/
Upon submission and approval of Forum Guide, list of participants and draft of invitation letters
Third and Final
Upon submission and of the Final Report
All payments shall be processed upon delivery of target outputs and the issuance of a Certificate of Acceptance by the IP.
J.Activity Monitoring and Reports Submission
The IP shall conduct regular monitoring of the activities. The IC shall also be required to submit a brief progress report for every major activity.
Final report shall include the following:
- Completion and financial report
- Electronic copies of the digital photos taken during activities
- Process documentation / proceedings of activities undertaken
- Printed outputs in hard and electronic copies
- Scoping conducted should include the following details on the number of participants as per:
Gender disaggregated data (M or F)
Sectoral representation (CSO, pillars - national government agency, LGU or private sector, other stakeholders invited to participate)
K.Professional Qualifications of the Successful Contractor
Points Obtainable (100 points)
Must be a graduate of a Juris Doctor degree or a course in the social sciences and related fields
- Must have at least three to five (3-5) years relevant experience in conducting FGDs, forums, consultations, interviews, and other learning events
- Must have at least 3 years experience in the application of extensive knowledge on actual/existing law enforcement procedures, and justice and legal processes/remedies
- Must have at least three (3) years relevant experience in participatory research
- Must be proficient in English and Filipino; knowledge of Cebuano is an advantage
L.Criteria for Evaluation
The proposals of the prospective Contractors shall be evaluated using the following criteria:
WEIGHT (IN %)
Expertise, i.e. relevance of track record in participatory research on justice, gender, poverty, and other development issues, local governance, understanding of law enforcement procedures)
Kindly submit the following documents:
1) Letter of Confirmation of Interest and Availability and Confirmation of Financial Proposal (please use attached template)
2) CV or P11 Personal History Form (template attached)
Please email applications to firstname.lastname@example.org by 24 August 2018. Please make sure each email transmission does not exceed 4MB.