Consultancy - Legal Assessment of Climate-Related Legal and Regulatory Frameworks
Overview & Responsibilities
IDLO is implementing a self-funded project on Advancing Women’s and Girls’ Action for Climate Justice through the Rule of Law, with the goal of strengthening the ability of women and girls to promote and protect their environmental rights and shape climate action through the rule of law. The project is aligned with Strategic Objectives 3 (Reducing the justice gap for women and girls) and 5 (Rule of law promotes climate justice and sustainable use of land and natural resources) of IDLO's Strategic Plan 2021 - 2024, as well as its commitments at the 2021 Generation Equality Forum, where IDLO is a commitment maker to the Action Coalition on Feminist Action for Climate Justice.
As part of the project, IDLO will conduct two legal assessments of climate- and environment-related legal and regulatory frameworks from a gender perspective in two pilot countries: Burkina Faso and the Philippines. The purpose of the legal assessments is to identify gender-blind and discriminatory provisions against women and girls and highlight contradictions or lack of legal coherence among climate laws and frameworks. The assessments will be carried out integrating the overarching principles of non-discrimination and equality espoused in the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and relevant CEDAW Committee Concluding and General Recommendations as well as specific provisions related to gender equality and women's inclusion and participation in other international human rights instruments and climate agreements. The assessments produced as a result will be a critical resource, building on existing work and identifying critical institutional, legal and policy reforms, as well as implementation frameworks that need to be in place to advance climate justice for women and girls, and ensure their inclusion and participation in climate action. The findings and recommendations from the assessments will form the basis of subsequent engagements with state institutions and the provision of training and technical support to further the development of gender-transformative laws, regulations and policies relating to climate change. They will also form the basis for engagement with women's organizations and women leaders with the aim of capacity building and skills
development, enabling their participation and inclusion in climate action and negotiations.
IDLO IN THE PHILIPPINES
IDLO has been actively engaged in the Philippines since 1996. Between 1996 and 2001, it operated its Asia Regional Training Office (ARTO) in Manila, through which it provided training and technical assistance for the developing and transition economy countries of the southeast and central Asia and the Pacific. In 2016, IDLO re-established its presence in the country, focusing on legal capacity building, institutional strengthening and supporting justice sector reform through technical expertise. The Philippines has been an IDLO Member Party since 1989.
Due to the high exposure to natural hazards, the Philippines is vulnerable to the impacts of climate change, disasters, and environmental degradation. Women and girls are disproportionately affected yet their distinct concerns such as sexual and gender-based violence and economic and political empowerment are not always incorporated in the prevention of and response to natural disasters and emergencies. While the Climate Change Act of 2009 mandates the integration of gender-sensitive, pro-children, and pro-poor perspectives in all climate change and renewable energy efforts, plans and programmes, there are still increasing calls to address gender gaps in climate action, and growing recognition that the protection of the human rights of women and girls is essential to creating climate solutions that are inclusive, transformative, and sustainable.
Under the supervision of the Country Manager and in coordination with the Field Programme Coordinator and the Senior Gender Advisor, the Consultant will undertake a comprehensive mapping of the legal landscape of the Philippines and conduct a de jure analysis, with the purpose of identifying laws and provisions that are still in effect and may have direct or indirect, as well as intersecting discriminatory provisions against women and also ensuring that overarching non-discrimination and equality provisions based on the standards contained in CEDAW are meaningfully integrated into climate-related legal and regulatory frameworks.
In order to provide a thorough analysis of the extent to which the climate and environmental legal landscape in the country are gender-responsive, the Consultant will review existing legislation to ensure that it adheres to formal, international human rights and equality standards. The assessment will map Philippines’ international commitments and obligations to gender equality and climate Agreements and review national landmark legislation like the Constitution, followed by legislation on human rights and equality, such as the Magna Carta of Women. The assessment will focus on how gender perspectives are mainstreamed in laws and regulations that fall under each of the following four thematic areas: (i) climate and environmental legislation; (ii) disaster risk reduction legislation; (iii) equal rights to land and resources; and (iv) laws related to gender-based violence against women including emergency situations. The assessment will conclude with recommendations for state institutions on priority actions and ways forward.
The Consultant will also support in convening of at least one (1) multi-stakeholder policy dialogue on climate, gender and law. The number of policy dialogues, as well as the purpose of the dialogue, will be decided in consultation with the Country Manager and the Senior Gender Advisor. Depending on the availability of the desk information and requirements of the assessment, the multi-stakeholder policy dialogue may be conducted to help shape the scope and substance of the assessment, validate the findings of the report, and/or secure the commitment of key stakeholders to address the assessment’s recommendations.
Deliverables / Deadline*
- Inception report including methodology, outline and workplan - 30 November 2022
- Multi –stakeholder consultation - November 2022 - January 2023
- First draft of the report - 06 February 2023
- Multi –stakeholder validation workshop - 13 February 2023
- Second draft of the report - 24 February 2023
- Final version of draft report of publishable quality with incorporated comments - 17 March 2023
*Dates are subject to change depending on the availability of partner institutions.
IDEAL CANDIDATE PROFILE
The selected Consultant will possess the following qualifications and experience:
a) Hold a graduate degree in law, development, gender studies, human rights, or another related field;
b) At least 5 to 10 years' experience working on legal reform and legal drafting in the area of gender equality and non-discrimination, women’s leadership and governance.
c) Sound knowledge of gender issues, the 2030 Agenda for Sustainable Development especially SDGs 5 on Gender Equality and SDG 16 on Peace, Justice and Strong Institutions, and the international and regional frameworks on gender equality, such as CEDAW and the Beijing Declaration and Platform for Action, and multi-stakeholder initiatives like the Generation Equality Forum.
d) Demonstrated knowledge of SDG 13 on Climate Action, as well as international and national climate and environmental laws and regulations, would be considered an asset.
e) Demonstrated experience in law or gender-related legal research and analysis.
f) Ability to work independently and flexibly to deliver the agreed outputs and respond to feedback in a timely and professional manner.
g) Possess excellent interpersonal and communication skills, including strong writing and presentation skills in English.
h) High levels of integrity and ability to maintain confidentiality.
Terms & Conditions
Payment for performing tasks, services and producing the deliverables will be made in instalments as per agreed timeline.
DISCLAIMER AND CLOSING DATE
The above statements are intended to describe the general nature and level of the work being performed by the Contractor assigned to this work. This may not be an exhaustive list of all duties and responsibilities.
IDLO reserves the right to amend and change responsibilities or even cancel the recruitment to meet business and organizational needs as necessary.
Application deadline is 25 November 2022.