Terms of References

for

‘Study to Review and Analysis of the Laws and Policies Affecting the Rights of Gender Diverse Communities in Bangladesh’

1. Background:

In Bangladesh where non-normative gender and sexual behaviour is stigmatised and in many cases criminalised, gender diverse communities are left vulnerable to violence and discrimination. No laws expressly prohibit discrimination or harassment based on gender identity or sexual orientation. However, the Law Commission of Bangladesh, together with the Bangladesh National Human Rights Commission, has prepared a Draft Anti-Discrimination Law that expressly addresses the rights of the hijra community (a socio-cultural identity of transgender and intersex people who live in groups).

Consequently, invisibility has been the norm for all including the hijra community. Newly emerging organisations and initiatives are beginning to break this silence, with key allies among health and rights advocates. The State recognition of the hijra community has created new opportunities for advocacy and engagement on rights. The gender diverse movement has been on the rise, demanding recognition and realisation of their rights, and the barriers that they face in their everyday lives, both within the society and from the State.

In this backdrop, Bangladesh Legal Aid and Services Trust (BLAST) is implementing a project titled ‘Legal Empowerment and Gender Diversity’ supported by US Department of State.

In this context BLAST would hire firm or individual consultant to undertake the assignment and expecting to complete the study by March 2018.

2. Project Objectives:

The overall objective of this project is to increase opportunities for making claims and seeking access to justice for gender diverse communities (GDC) in Bangladesh against discrimination and rights violations.

The program has the following two specific and related objectives:

  • To increase capacity of gender diverse communities to identify and safely and securely claim remedies against discrimination and rights violations, and
  • To increase opportunities for gender diverse communities to join forces with key actors in the rights movement in Bangladesh to highlight discrimination and rights violations.

3. Purpose of the Study

The purpose of the study is to seek positive developments on equality and discrimination in international human rights laws, and best practices from comparative law and constitutional law from the South Asia region in particular for the gender diverse communities. At the same, the study want to review and analysis of national laws and policies against the harassment and violence as this is an area in which the gender diverse communities’ faces special challenges.

4. Objectives of the Study

The objectives of the study are;

  • To review and analyse international human rights law on equality and discrimination in gender diverse community perspectives;
  • To seek best practices from comparative law and constitutional law from the South Asia region in particular for the gender diverse communities;
  •  To review and analysis of national laws and policies against the harassment and violence, rights and entitlements of the gender diverse communities;
  • To collate information on legal services and practical strategies for claiming rights and seeking remedies.

5. Scope of work:

  • Review project related documents and any other background documents.
  • Develop proposal and inception note for the study. This will include a timeline, methodology and work plan. The inception note should include details on methodology with data analysis plan and data collection tools.
  • Discuss and agree on the data collection tools including the questionnaire with Project Team;
  • Participate in consultation meetings on the study with the Project Team;
  • Collect and analyse data and prepare a draft report;
  • Arrange a debriefing session for the Project Team;
  • Generate a final report (after incorporating feedback from the Project Team) against the study objectives.

6. Methodology:

The study shall adopt explorative and qualitative methods to collect information from both primary and secondary sources. The consultant/agency require to propose detail methodology of the study.

7. Deliverables:

  • Inception report, including data collection tools
  • Detailed end line survey protocol(including data set, both quantitative and qualitative and sampling framework) and implementation plan agreed with the Project Team
  • Draft report and power point presentation
  • Final Report

8. Plan of dissemination:
The consultant will be responsible to disseminate the findings to the Project Team through draft report sharing session/debriefing meeting, and incorporate feedback in the final report.

9. Timeline:

            60 working days from middle of January 2018 to end of March 2018

10. Payment Schedule

20% on submission of inception report and detail work plan
30 % on submission and acceptance of detailed study plan and data collection tools;
50% on submission and acceptance of the final report

11. Expected competencies of consultant/agency
 
It is expected that the competency of the contracted agency/consultant will include:

  • At least 7 years of experiences in research and evaluation especially in the area of gender diverse communities, SRHR and GVB.
  • Sound knowledge on international human rights law of equality and discrimination and related national laws and policies.
  • Experience in working with gender diverse communities will be an advantage. 
  • Strong analytical and report writing skills.

12. Submission of Proposal

The interested consultant/agency are requested to submit a detail proposal outlining:
a) Agency profile/CVs of the consultant
b) Experience in similar kind of assignment
c) Detail proposal including methodology and timeframe
d) Financial proposal.

13. Criteria for consultant/agency selection:

SL                                           Description Weight
1 Conceptual Framework/Understanding the tasks 15
2 Relevant academic qualification and past relevant experience of consultants 25
3 Detail Methodology including data management and analysis 20
4 Elaborate and reasonable work plan 10
5 Financial proposal 30
  Total 100

14. Disclaimer

BLAST reserves the right to accept or reject any or all proposals without assigning any reason what so ever. It can also reserves the right to terminate the contract if it is not satisfied with the performance, such as quality and progress of the work. In case of termination payment will not be made. Copyright of the Study Report will remain with the BLAST.  
15. How to Apply

  • Consultant/s/agency that meet the requirements outlined above are invited to submit detail technical proposals including financial plan with a cover letter to the office of BLAST
  • Apply under the subject line of ‘Proposal- Study to Review and Analysis of the Laws and Policies Affecting the Rights of Gender Diverse Communities in Bangladesh’ with your name and contact details (including the email address).
  • Deadline: 25 January 2018 not later than 5:00pm
  • Submit to purchase@blast.org.bd addressing Advisor-Management, BLAST