Consultancy for the Elaboration of an Action Plan for the Improvement in the Provision... Tender

Procurement Summary

Country : Guatemala

Summary : Consultancy for the Elaboration of an Action Plan for the Improvement in the Provision of Justice Services by the Judiciary to Indigenous Peoples, Particularly Indigenous Women

Deadline : 30 May 2019

Other Information

Notice Type : Tender

TOT Ref.No.: 33276667

Document Ref. No. :

Competition : ICB

Financier : United Nations Secretariat

Purchaser Ownership : -

Tender Value : Refer Document

Purchaser's Detail

Purchaser : UNITED NATIONS WOMEN
13 Calle 8-44, zona 10 Edificio Edyma Plaza, Nivel 2 Código Postal 01010 Guatemala Tel: +502 2327-6373
Guatemala
Email :operations.guatemala@unwomen.org

Tender Details

Tenders are invited for SSA Nacional: Consultancy for the elaboration of an action plan for the improvement in the provision of justice services by the Judiciary to indigenous peoples, particularly indigenous women.

Background

Take note that this call is addressed only to people with Guatemalan nationality or residence in the country



UN Women is the United Nations organization dedicated to promoting gender equality and the empowerment of women. As a global advocate for women and girls, UN Women was established to accelerate the progress that will lead to improving the living conditions of women and to respond to the needs they face in the world.

UN Women supports the States Members of the United Nations in the establishment of international standards to achieve gender equality and works with governments and civil society in the creation of laws, policies, programs and services necessary to guarantee that the standards effectively and to bring real benefits to women and girls around the world. It works worldwide to make the Sustainable Development Goals a reality for women and girls, and promotes the participation of women on an equal footing in all areas of life. The Entity focuses on five priority areas:

1. Increase the leadership and participation of women;

2. End violence against women;

3. Involve women in all aspects of peace and security processes;

4. Improve the economic empowerment of women;

5. Making gender equality central to planning and developing national budgets for development.

Likewise, UN Women coordinates and promotes the work of the United Nations system in pursuit of gender equality and in all debates and agreements related to the 2030 Agenda. The Entity works to achieve a more inclusive world with gender equality as fundamental element of the Sustainable Development Goals.



Background

In order to comply with the axis of Access to Justice with emphasis on the conditions of vulnerability contemplated in the Five-Year Plan 2016-2020 of the Supreme Court of Justice, the Secretariat of Indigenous Peoples of the Judicial Branch contemplated within its Annual Operating Plan 2019, conducting studies, diagnoses and evaluations, both internal and external, of the justice service provided to users of indigenous peoples, to strengthen the justice system within the Guatemalan socio-cultural context that allows effective decision-making in the face of the challenges posed the change in the legal culture of the justice operators, the users of the service and the indigenous authorities, for the guarantee of respect and protection of the culturally differentiated rights of indigenous peoples as subjects with full rights, the recognition of their own justice system and the coordination between both systems.

In the workshops held to compile information for the construction of the Justice Manual with cultural relevance, the participants indicated that in criminal matters in the western region, "there is not full coverage, particularly in Huehuetenango; b) in terms of establishing the administration of justice with cultural relevance in each of the institutions of the criminal justice sector, the need to consider and respect the ways in which indigenous communities, according to their authorities, resolve disputes by state justice; c) there is a lack of credibility and certainty about the veracity when a person appears before the instances of official justice as an indigenous authority; e) in another sense, they also warned the restriction of the inhabitants so that the investigations carried out by officials and employees assigned to the official criminal justice are effective, since in some cases they limit their access; f) it was commented in a timely manner that the indigenous authorities have no capacity to investigate crimes, nor to apply sanctions proportional to the criminal acts that are said to investigate "[one]

Regarding access to justice for indigenous women, says Dr. Sieder "... They seek access to justice for cases of physical, sexual and psychological violence, property claims, alimony, access to health and labor rights, among others. . In the ordinary system, there have been few strategic litigation for the rights of indigenous women that adopt an intersectional perspective, and the few that have been carried out are concentrated in the criminal sphere. On the one hand, noteworthy exceptions are the struggle of midwives against discrimination and the recognition of their work, and of weavers for the recognition of indigenous collective intellectual property of their ancestral tissues.[two]

To continue with the actions that the Secretariat of Indigenous Peoples of the Judicial Branch has been developing and to comply with the commitments that regarding access to justice, particularly of indigenous women, it is necessary to elaborate a proposal for an action plan based on evidence on the needs of indigenous users and the quality of services provided by the justice system in Guatemala.



[1] Report of Analysis and Information Collection Workshops: Protocol for the justice service with cultural relevance, part 1. Guatemala City, July 26, 2016

[2] Report: Access to justice for indigenous women in indigenous and ordinary jurisdictions and the guarantee of the rights of indigenous peoples and women in Guatemala . P. 23








Duties and Responsibilities

Objectives of the Consulting

Contribute in the identification of actions aimed at improving the provision of ordinary justice services with cultural relevance, with a gender approach by the Judicial Branch to indigenous peoples, particularly indigenous women.

Specific:

· Prepare a proposal for an action plan based on evidence for the improvement in the provision of justice services by the Judiciary to indigenous peoples, particularly indigenous women by the Judicial Branch in prioritized areas of five municipalities where the courts of justice are located. Paz Comunitarios, San Luis- Peten, Santa María Chiquimula- Totonicapán, San Miguel Ixtahuacan- San Marcos, San Rafael Petzal- Huehuetenango and San Andrés Semetabaj- Sololá, whose indicators of human development show a predominantly indigenous population, poverty and violence against women.

· Carry out an internal evaluation with judiciary staff, secretariats, specialized bodies to identify the needs in the justice services of indigenous peoples in departments [1] with a majority indigenous population.

· Conduct a diagnosis with indigenous users of the Judiciary with Indigenous Authorities, users, academia, indigenous women's organizations to identify the needs of justice services of Indigenous Peoples, particularly indigenous women.

[1] Huehuetenango, Alta Verapaz, San Marcos, Quiche and Sololá. Returning studies already carried out within the Secretariat and the Judicial Branch.



Responsibilities and Key Activities:

The key activities that the consultant must develop are:

· Elaboration of a Work Plan that contains the consulting methodology and schedule.

· Development of tools and tools for systematic identification (gathering information) and analysis for evaluation and diagnosis with:

· Judicial staff, secretaries, specialized bodies

· Women users of the service

· Academic centers

· Indigenous Authorities

· Organizations of indigenous women and indigenous peoples that address the issue of access to justice

· Document on the access of indigenous peoples, particularly indigenous women, by reviewing documents and reports of studies carried out.

· Coordination with personnel of the Secretariat of Indigenous Peoples during the execution of the consultancy, for the purposes of interpretation may be assigned an interpreter in the native language that requires it.

· Coordinate with the Secretariat of Indigenous Peoples the identification and prioritization of geographical areas where the current coverage is not enough or does not have coverage by the Judicial Branch.

· Move to the geographical areas previously identified by the Secretariat of Indigenous Peoples for the development of the consultancy.

· Coordinate with the Secretariat of Indigenous Peoples for the support of the 15 interviewers and systematizers, for the realization of field work which will be provided by the Interpretation Center of the Judicial Branch.

· Conduct meetings, events, visits, interviews or other activities identified in the work plan for the development of the consultancy.

· Elaboration and timely presentation of the progress and of all those reports that are requested according to the needs that may arise during the consultancy.

· Preparation of a document that contains the following:

· Proposed plan of action (by department) for the improvement in the provision of justice services by the Judicial Branch to indigenous peoples, particularly indigenous women in the municipalities of San Luis-Peten, Santa María Chiquimula-Totonicapán, San Miguel Ixtahuacan - San Marcos, San Rafael Petzal- Huehuetenango and San Andrés Semetabaj- Sololá.

· Internal assessment on needs in the justice services of indigenous peoples, particularly indigenous women in terms of access, attention and participation, with disaggregated information with cultural relevance, gender perspective and indigenous childhood, gathered with judiciary staff, secretariats, specialized bodies in the municipalities of San Luis-Peten, Santa María Chiquimula-Totonicapán, San Miguel Ixtahuacan-San Marcos, San Rafael Petzal-Huehuetenango and San Andrés Semetabaj-Sololá, which includes: Identification and analysis of the needs of indigenous users of the service justice provided by the Judicial Branch, through the prioritization of geographical areas

· Diagnosis car

Documents

 Tender Notice