Review and Update of the Protocol for Addressing Cases of Harassment and Sexual Violence in Public Transportation in the DMQ and Differentiated Training for At

TERMS OF REFERENCE

CONTRACTING FOR THE REVIEW AND UPDATE OF THE PROTOCOL FOR HANDLING CASES OF HARASSMENT AND SEXUAL VIOLENCE IN PUBLIC TRANSPORTATION IN THE DMQ AND DIFFERENTIATED TRAINING FOR THE PROTOCOL ACTORS, WITH A GENDER FOCUS.

1. BACKGROUND

The Pan American Development Foundation (PADF) is a non-profit organization created by mandate of the Permanent Council of the Organization of American States (OAS) in 1962. Our work in Latin America and the Caribbean focuses on the areas of Democracy, Governance and Human Rights; Peace, Security and Justice; Economic Opportunity, Health, Education and Nutrition; and Environment and Disaster Resilience.

Our organization promotes the articulation of initiatives from civil society, the public and private sectors, with citizens as the main axis of sustainable development. In addition, PADF assists vulnerable and excluded people and communities in Latin America and the Caribbean to achieve progress in social and economic development, promote democratic participation and inclusion, and strengthen civil society, creating a hemisphere of opportunities for all.

The Secure Communities Program, implemented by PADF with support from the U.S. Embassy’s Bureau of International Narcotics and Law Enforcement Affairs (INL), is in its second phase of implementation. The primary purpose of this program is to have the Ecuadorian National Police (PPE), national and local government institutions, and community actors work together to achieve three specific objectives: improve the PNE’s knowledge and capabilities to respond to crime in priority areas; strengthen the capacities of Ministry of the Interior and local government officials to prevent crime and violence; and foster collaboration between the PNE, the Ministry of the Interior (MDI), local authorities, community groups, and citizens to implement crime and violence prevention and community policing initiatives.

2. CONTEXT

Sexual harassment and violence in public spaces, and particularly in the transportation system, is a manifestation of gender-based violence that violates the fundamental rights of people, especially women. The 2022 study by the Observatory of the Municipality of Quito found that 32% of women surveyed in Quito had been victims of sexual violence in public transportation, with common reports of verbal harassment and non-consensual touching. This problem affects not only security, but also the free exercise of citizens’ right to mobility. In the Ecuadorian legal context, a series of regulations have been established that protect the right to a life free of violence and reinforce the responsibility of institutions to guarantee safe spaces for all users.

First, the Constitution of the Republic of Ecuador, in its article 66, numeral 3, literal b, recognizes the right of people to a dignified life, including the right to live without violence, particularly in relation to security in public and private spaces. In addition, the Comprehensive Organic Law to Prevent and Eradicate Violence against Women (LOIPEVCM) in its articles 10 and 54, establishes the responsibility of the State and the Decentralized Autonomous Governments (GADs) to create and implement public policies that protect women and vulnerable people against all forms of violence, including that which occurs in public transportation.

The Organic Code of Territorial Organization, Autonomy and Decentralization (COOTAD, art. 3) underlines the importance of protecting citizens through the joint action of public entities, and the Comprehensive Organic Criminal Code (COIP), in its articles 1 and 158, defines as a central objective the prevention and punishment of crimes, including those related to gender violence, in order to guarantee a life free of violence and discrimination.

At the local level, the Municipal Code of the Metropolitan District of Quito, in Book IV.8, Article 4146, regulates the provisions that ensure the protection and safety of citizens in the public transport system, establishing as a priority the implementation of measures against sexual harassment. In addition, the Quito Citizen Security Plan (2023-2027) emphasizes the need to strengthen security in public spaces, including transportation, to prevent acts of gender violence and improve the perception of security among users.

In light of this regulatory framework, the Metropolitan District of Quito, through the General Secretariat of Citizen Security and Risk Management of the DMQ, has adopted a protocol for the prevention of harassment in the public transport system, with the Quito Metro transport subsystem joining this initiative. However, an update is required to integrate the latest advances in gender, intersectionality and human rights approaches, as well as to ensure differentiated training for the actors who implement this protocol.

3. PURPOSE OF THE CONTRACT

Analyze and issue recommendations for improvement on the protocols for the coordination and attention of cases of sexual harassment and violence, to improve the guidelines for identification, action, referral and follow-up of these cases in the Public Transportation System of the Metropolitan District of Quito (DMQ), incorporating a gender and human rights approach. In addition, develop and implement differentiated training for the protocol actors, with the aim of contributing to its correct application.

4. SPECIFIC OBJECTIVES

1. Analyze the current national and local legal and regulatory framework to incorporate new legal provisions and updated approaches to the prevention of sexual harassment and violence in public transportation.
2. Conduct a comprehensive review of protocols for the coordination and handling of cases of sexual harassment and violence and formulate proposals for improvements, based on an intersectional gender approach.
3. Design a differentiated training plan for key actors who interact with the protocol and implement training for approximately 340 public servants, with an emphasis on raising awareness and preventing sexual harassment and violence and the implementation of the protocol.
4. Develop a methodology for evaluating the increase in knowledge of the training sessions carried out.

5. SCOPE OF THE CONTRACT

The consultancy will be carried out in the Metropolitan District of Quito and will cover the following activities:

• Analysis and update of the current protocol : Conduct a comprehensive review of the protocols for the coordination and handling of cases of sexual harassment and violence and make proposals for improvements. This includes an analysis of current national and local legal regulations. It also includes an analysis of good practices in the region regarding the prevention of sexual harassment and violence in public transport with the aim of incorporating actions that can improve current procedures.
• Design and implementation of differentiated training : This includes the development of a training plan adapted to the needs of the different groups of actors in the protocol, considering that there are approximately 340 actors. It is important that the consultant coordinate the development of these training sessions with the General Secretariat for Citizen Security and Risk Management of the GAD of the DMQ and the commission delegated by them. This process also includes the creation of teaching materials for training and the evaluation of increased knowledge.

In-person training is required.

6. PROFILE OF THE COMPANY TO HIRE

The consulting firm or team of consultants must meet the following requirements:

• Demonstrated experience of at least 5 years in projects related to the prevention of gender violence, human rights and public policies.
• Knowledge of the Ecuadorian regulatory framework on women’s rights, gender violence, public transport and human rights.
• Previous experience in designing, implementing and evaluating protocols or public policies in the field of public transport.
• Ability to develop and deliver gender-focused training aimed at various actors and sectors.
• Ability to apply participatory and inclusive methodologies, ensuring the representation of different vulnerable groups and their specific needs

7. EXPECTED PRODUCTS

The expected products from this contract are the following:

• Work Plan : Detailed document with methodology, schedule of activities, expected products and activities.
• Protocol analysis report with recommendations for improvement : Revised document that includes recommendations for improvement, incorporating a gender and human rights approach, with clear guidelines for the identification, action, referral and follow-up of cases of sexual violence.
• Differentiated training plan and guide : Detailed document that includes the design of the training plan, teaching materials and methodology adapted to the characteristics of the different actors in the protocol. Likewise, deliver the contents of the training on the prevention of sexual harassment and violence in public transport in GUIDE format so that they can be published by PADF and the GAD.
• Training implementation report : Report detailing the training carried out (approximately 340 public servants), including the methodology used, the number of participants, the phases of execution and the results obtained, broken down by gender and age, as well as the results of the evaluation of increased knowledge (ex ante and ex post).

8. CONSULTANCY TERM

From the date of signing the contract, the selected counterparty will have 100 days to deliver the mentioned products, including non-working days.

9. BUDGET AND PAYMENT METHOD

The total amount of the contract is USD 13,000 (THIRTEEN THOUSAND DOLLARS), including taxes.

Payments will be made as follows:

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No. 1

Expected Product: Work Plan: Detailed document with methodology, activity schedule, expected products and activities.

Deadline: 8 days from the signing of the contract

Cost: 30%

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No. 2

Expected Product: Protocol analysis report with recommendations for improvement : Revised document that includes recommendations for improvement, incorporating a gender and human rights approach, with clear guidelines for the identification, action, referral and follow-up of cases of sexual violence.

Deadline: 30 days from the signing of the contract

Cost: 30%

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No. 3

Expected Product: Differentiated training plan and guide: Detailed document that includes the design of the training plan, teaching materials and methodology adapted to the characteristics of the different actors in the protocol. Likewise, deliver in GUIDE format the contents of the training on the prevention of sexual harassment and violence in public transport so that they can be published by PADF and the GAD.

Term: 70 days from the signing of the contract

Cost: 20%

_______________________________

No. 4

Expected Product: Training Implementation Report : Report detailing the training carried out (approximately 340 public servants), including the methodology used, the number of participants, the execution phases and the results obtained, broken down by gender and age, as well as the results of the evaluation of increased knowledge (ex ante and ex post).

Term: 100 days from the signing of the contract

Cost: 20%

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Payment for the products will be made upon presentation of the deliverable and the respective invoice, to the complete satisfaction of PADF.

10. DEADLINE FOR RECEIPT OF PROPOSALS

This call will be open from October 29, 2024 to November 12, 2024. Please send the proposal with supporting documents of the required profile and experience to the email: mescobarv@padf.org, with a copy to the email: jtrujillo@padf.org.

11. INTELLECTUAL PROPERTY

The professional is prohibited from any type of publication, disclosure or commercialization of the products subject to this contract, since it will be understood that they will become the property of PADF-OECO. Likewise, the professional is prohibited from disclosing confidential information that comes to his knowledge as part of the execution of his activities.

12. ABOUT PADF

Founded as a subsidiary and private sector arm of the Organization of American States (OAS), PADF carries out high-impact projects to benefit the most vulnerable populations in Latin America. The Foundation’s activities range from partnering with national and local governments to implement socioeconomic development programs to advancing criminal justice sector reforms. Throughout its more than 50 years of existence, PADF has effectively implemented U.S. Government and other donor programs in countries undergoing major social transitions; many of these programs have supported the building or rebuilding of social ties and democratic institutions, building capacity for advocacy, programming, and policy reform, all of which enhance democratic governance and foster peace and security.

13. TERMS AND CONDITIONS

Result of Agreement

These ToR do not obligate PADF to execute a contract, nor do they obligate PADF to pay any costs incurred in preparing or submitting proposals. In addition, PADF reserves the right to reject any and all offers, if such action is deemed to be in the best interest of PADF. PADF, in its sole discretion, will select the winning proposal and is not obligated to share the results of the individual evaluation.

Confidentiality

All proprietary information provided by the applicant will be treated as confidential and will not be shared with potential or actual applicants during the bidding process. This includes, but is not limited to, price quotes, cost proposals, and technical proposals. PADF may, but is not obligated to, post agreements on its public website after the bidding process has concluded, and the contract has been agreed upon. PADF’s evaluation results are confidential and applicants’ scores will not be shared with each other.

Protection of personal data

The data arising from the execution of the contract subject to this term of reference will be used exclusively for the execution of the same and taking into consideration the provisions of the regulations of the “ORGANIC LAW ON THE PROTECTION OF PERSONAL DATA”, ratified on May 21, 2021.