Attachment A DRAFT SOW - Human Rights.pdf

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Attachment A

DRAFT STATEMENT OF WORK

C.1 PURPOSE

The purpose of the USAID Human Rights for Vulnerable Groups Program (Program) is to work in partnership with the Government of Georgia (GOG) and with non-governmental organizations, including civil society organizations (CSOs), to improve the lives and better protect the human rights of vulnerable groups, including but not limited to persons with disabilities;

victims/survivors of gender based violence (GBV); vulnerable children; and the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community in Georgia (collectively herein, “Vulnerable Groups”). These rights include, but are not limited to, the right to life, right to public assembly, and the rights to health, education, social services, and an adequate standard of living.

In order to achieve this purpose, three interrelated objectives will be pursued:

1. Strengthened public policies and improved government services that protect Vulnerable

Groups;

2. Increased public awareness in support of the protection of Vulnerable Groups’ human rights and their economic, social, and political inclusion; and

3. Strengthened civil society organizations’ capacity to effectively advocate for public policies that protect Vulnerable Groups, and to provide effective services.

C.2 BACKGROUND

C.2.1. General Background and Problem Analysis

While many positive steps have been taken to promote human rights since Georgia’s independence, much more can and should be done to protect the rights of the most vulnerable.

To make effective change, international best practice shows that this normally requires policy and service integration since these are generally multifaceted social problems.

Comprehensive improvements to protecting the rights of Vulnerable Groups are undermined by:

● Inadequate policy framework and systems to serve and protect Vulnerable Groups

This includes a lack of professionals with specialized capacity to address the needs of the vulnerable; weak case detection, monitoring, and feedback systems, a lack of standard operating procedures and streamlined databases, and a lack of engagement and outreach by central and local governments to Vulnerable Groups.

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● Low level of public attention to the needs of Vulnerable Groups

The protection of Vulnerable Groups is often not prioritized sufficiently in Georgia. Public and political awareness needs to be raised regarding the challenges facing Vulnerable Groups.

According to a 2020 report funded by UNDP, nearly 50% of respondents are “less likely to accept people with mental or intellectual impairments as classmates of their children.” The UN Women’s National Study on Violence Against Women in Georgia in 2017 found that 50% of men believe that intimate partner violence is a private matter and that others should not intervene.

Changing negative stereotypes is needed to build the political will and public support needed to bring about sustained, effective improvements in service provision and inclusion.

● Lack of civil society capacity for advocacy and service provision

The role of CSOs is particularly important for Vulnerable Groups, who often do not have the organizational capacity or social capital to represent their interests vis-a-vis government agencies and elected officials. Many CSOs also lack the capacity to reach Vulnerable Groups (especially outside of larger cities). At the same time, Kremlin propaganda efforts often seek to paint CSOs in Georgia, as well as elsewhere in the region, as tools of political influence. This makes CSOs struggle with reputational issues that undermine their work. In order to counter such efforts, CSOs must have stronger connections to their local constituencies. Without greater social legitimacy through broad-based and vocal constituencies, civil society will struggle to effectively represent the voices and needs of disadvantaged groups.

Challenges that Vulnerable Groups face include:

● Persons with Disabilities

In 2020 the Georgian Parliament adopted the Law on the Rights of the Persons with Disabilities.

The law is a milestone for the rights of persons with disabilities in Georgia and sets important obligations for state authorities, however persons with disabilities are still deprived of their basic rights and access to benefits and services due to the inability of the current disability assessment system to identify all persons with disabilities and grant them disability status. In 2021, the Social Services Agency (SSA) registered only 127,954 persons with a disability, which constitutes 3% of total population (SSA data), in contrast to approximately 16% of the world population who are considered to have disabilities (WHO data). The entitlements, benefits, and services include cash allowance, accessible education and health care services, social integration and rehabilitation services, right to employment, and reasonable accommodation.

● Victims/Survivors of Gender Based Violence (GBV)

The view that violence is an internal family affair still prevails in many communities and segments of society. According to The UN Women’s National Study on Violence Against Women in Georgia in 2017, one in seven women aged 15-64 has experienced physical, sexual, and/or emotional violence by an intimate partner; one in five women has experienced at least one form of sexual harassment. Violence against children is also not widely recognized as a problem https://georgia.unwomen.org/en/digital-library/publications/2018/03/national-study-on-violence-against-women-in-georgia-2017 https://georgia.unwomen.org/en/digital-library/publications/2018/03/national-study-on-violence-against-women-in-georgia-2017 https://georgia.unwomen.org/en/digital-library/publications/2018/03/national-study-on-violence-against-women-in-georgia-2017 https://georgia.unwomen.org/en/digital-library/publications/2018/03/national-study-on-violence-against-women-in-georgia-2017

T by society. Psycho-social and economic rehabilitation services for victims of violence are also inadequate or non-existent. Marginalized groups such as persons with disabilities and LGBTQI+ persons are at higher risk of experiencing GBV. The Public Defender’s Office (PDO) of Georgia has reported that violence, especially domestic violence, is a significant problem for persons with disabilities. According to the PDO, a number of challenges remain regarding violence against persons with disabilities, including a lack of information about rights, low level of reporting by survivors, and a lack of awareness about violence against persons with disabilities.

● Vulnerable children

A 2017 UNICEF Child Welfare Study in Georgia found that every fifth child lived in a household without basic needs and that many of these children face neglect, violence, bullying, restricted access to food, education, health, and protection. The PDO’s The Situation in Human Rights and Freedoms in Georgia 2021 Report states that among the challenges of the child protection system, the prevention of violence against children, lack of proper rehabilitation services and shortage of specialists working in child support systems are still alarming. Challenges relating to the prevention and timely detection of violence against children, as well as coordinated and effective response to the incidents, remain unchanged in the country, especially in the context of the pandemic, periodically introducing back and forth restrictions, isolation and distance learning. In this regard, violence against children still predominated among the cases examined by the PDO, accounting for 34.5% of the total number of cases.

● Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex (LGBTQI+)

LGBTQI+ persons are among the most marginalized groups in Georgian society and often fall victim to violence that goes unreported or is disregarded. According to the 2022 Department of State Annual Report on Human Rights Practices, crimes involving violence or threats of violence targeting LGBTQI+ persons and activists remained a significant problem in Georgia in 2022.

Homophobic sentiments are prevalent, and there is limited space for these individuals to raise or address their grievances and challenges. The National Human Rights Strategy and Action Plan for 2022-2030 calls for the effective protection of LGBTQI+ rights. While equal rights for all are constitutionally protected, evidence suggests that there is a long way to go before LGBTQI+ persons can enjoy equal rights and protections. The Georgian Young Lawyers’ Association’s 2021 assessment of the human rights situation in Georgia shows that LGBTQI+ individuals are particularly vulnerable to stigma and violence. Attacks on LGBTQI+ individuals by radical groups are increasing and have a systematic character. Despite these significant violations, CSOs representing LGBTQI+ communities often struggle to build effective coalitions and to conduct outreach and advocacy campaigns.

C.2.2. Relationship with the USAID/Georgia Country Development Cooperation Strategy

(CDCS)

The Program aligns with the Mission’s 2020-2025 Country Development Cooperation Strategy by consolidating democratic gains through enhanced citizen responsive governance (Development Objective 2) and increasing the accountability and accessibility of governance https://ombudsman.ge/res/docs/2022070612391254904.pdf https://ombudsman.ge/res/docs/2022070612391254904.pdf https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/georgia/ https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/georgia/ https://drive.google.com/file/d/19A4hA7TmymQOLDXpUocuTtB_Ot8jMS-w/view?usp=sharing https://www.usaid.gov/georgia/cdcs

T institutions, increasing access to justice, and enhancing the rule of law (Intermediate Results 2.2 and 2.3). The Program also contributes to USAID’s commitments to development that is inclusive of disadvantaged groups to ensure they have access to critical services and a strong voice within government institutions. The Program creates a more inclusive society in which Vulnerable Groups are empowered to contribute to the social, economic, and political development of Georgia, demonstrating that democracy delivers. Additionally, illustrating that Georgia is at its strongest when it empowers all of its citizens to contribute to the country’s success.

The Program aligns with the 2022 U.S. Strategy to Prevent and Respond to Gender-Based Violence Globally by advancing equity and inclusivity, supporting comprehensive approaches for addressing GBV, scaling successes, and improving capacity to prevent and respond to GBV. The Program also aligns with the 2023 USAID LGBTQI+ Inclusive Development Policy by supporting robust protection, inclusion, and Human Rights of all LGBTQI+ individuals; supporting a world in which LGBTQI+ persons can live with dignity and free from all forms of violence, discrimination, stigma and criminalization; can participate fully in civic and democratic processes; and have access to sustainable livelihoods and resources.

C.2.3 Development Hypothesis

If the Government’s capacity to develop, implement and regulate policies and provide services to Vulnerable Groups is strengthened; and if public support to protect the rights of Vulnerable Groups is increased; and if Georgian civil society organizations are able to more effectively advocate for and provide effective services to Vulnerable Groups; then the human rights of Vulnerable Groups will be protected.

C.3 SCOPE OF WORK

The Contractor must address the protection of the human rights of Vulnerable Groups in Georgia.

The Contractor is expected to foster the deliberate inclusion of affected populations in policy formation, advocacy, and implementation. The Contractor is expected to include the provision of direct technical assistance to the government and CSOs, including through grants under the contract, to organizations that represent and serve these Vulnerable Groups. The Contractor must intentionally facilitate formation of locally-led, long-term CSO coalitions and public-private partnerships for the improvement of social services and protection of human rights of Vulnerable Groups.

The three components of the Program, as described below, are expected to be integrated and mutually reinforcing in order to maximize results. Specific interventions for each of the Vulnerable Groups will vary and the level of effort and resources dedicated to improving protection must be tailored to best fit the needs of each group. At the same time, the Contractor must seek to develop complementary or inclusive activities across the three components that cover multiple Vulnerable Groups when and where it makes sense to do so.

https://www.state.gov/reports/united-states-strategy-to-prevent-and-respond-to-gender-based-violence-globally-2022/ https://www.state.gov/reports/united-states-strategy-to-prevent-and-respond-to-gender-based-violence-globally-2022/ https://www.usaid.gov/document/2023-lgbtqi-inclusive-development-policy#:~:text=USAID%20affirms%20and%20celebrates%20lesbian,integral%20parts%20of%20every%20society.

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The Contractor must allocate a minimum of 10% of total program funds to support the rights of the LGBTQI+ community in Georgia.

The Contractor is expected to implement interventions that are sustainable beyond the life of the Program by strengthening the capacity and commitment of local partners to address the needs of Vulnerable Groups and building public support for the rights of Vulnerable Groups. The Contractor is expected to use a political economy lens to align programming with existing incentives to strengthen capacity and commitment.

C.3.1. Component 1: Build Government Capacity To Address the Needs of Vulnerable Groups

Under Component 1, the Contractor must work in partnership with the Government of Georgia to improve the Government’s capacity to develop, implement and regulate policies and provide services that address the needs of victims/survivors of gender based violence, vulnerable children, persons with disabilities, and LGBTQI+.

The Contractor must support key institutions in the Government of Georgia. The Contractor must prioritize technical assistance to the Ministry of Internally Displaced Persons, Labor, Health and Social Affairs (MIDPLHSA), including its Agency for State Care, the Ministry of Regional Development and Infrastructure (MRDI), and the Public Defender's Office (PDO). Other recipients of technical assistance under this component will be determined during the initial inception phase and/or during work planning.

The Contractor must identify and prioritize areas of activity where government capacity can be built that impacts multiple target groups. Interventions can address capacity building at all levels of government, from central to local. The Contractor must seek opportunities to develop synergies between public sector and private sector organizations and approaches, and explore opportunities to institutionalize the engagement of non-government actors in policy development, implementation, and regulation. The Contractor must foster the deliberate inclusion of affected populations in policy formation, advocacy, and implementation.

The Contractor must explore opportunities to strengthen the government’s capacity on effective public outreach and communication regarding policy and legislative reforms as well as how to access social protection services, including strategic communication and outreach to Vulnerable Groups. This must be at both the national and municipal levels.

This component will include grants under the contract to non-governmental organizations.

The Contractor must, at a minimum, conduct the following tasks:

● Provide technical assistance to the Government of Georgia to ensure the successful implementation of the bio-psycho-social model of disability assessment, including the development and implementation of the functional assessment tool, critically important for shifting from the limiting “medical” model to a more inclusive bio-psycho-social model.

● Identify gaps in the design and delivery of publicly-funded services to targeted

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Vulnerable Groups, including access to shelters and crisis centers, health care services, psycho-social rehabilitation, social work, and social benefits.

● Provide technical assistance to improve policies at the national and municipal level that address identified gaps and respond to the needs of Vulnerable Groups. Policy work could include improved legislation, regulations, procedures and/or guidelines for identifying Vulnerable Groups in need of services; providing and accessing protection services, both at the national and municipal level; supporting the piloting and testing of new services; and ensuring effective budgetary allocations and disbursement.

● Provide technical assistance to improve the delivery of public services to Vulnerable Groups. This may include the design and implementation of quality management and customer feedback instruments; the design and implementation of management information systems; and continuous professional development of relevant staff.

● Build the capacity of the GOG to effectively engage the private sector in setting up models for economic empowerment of Vulnerable Groups.

Additional and specific services, tasks and activities required to achieve the Component 1 outcome and results will be developed through a collaborative work planning process incorporated into work plans.

The expected outcome under Component 1 is improved central and local government services and policies that more effectively protect Vulnerable Groups. The Contractor is expected to achieve the following results under Component 1:

● Increased number of Vulnerable Group persons receiving social services from the government and/or civil society

● Improved quality of services offered by the government to Vulnerable Group persons

● Increased types of services offered by the government to Vulnerable Group persons

C.3.2. Component 2: Build Public Awareness and Support for the Rights of Vulnerable Groups

Under Component 2, the Contractor must build public awareness and support for the rights of Vulnerable Groups. This will include interventions that aim to enhance tolerance and acceptance of Vulnerable Groups, and motivate public involvement in policy making and improved service provision for Vulnerable Groups.

The Contractor must work to address negative stereotypes of persons with disabilities, the LGBTQI+ community, and in relation to gender. The Contractor must prioritize interventions that aim to change attitudes and norms that condone violence across all Vulnerable Groups, including children, and in particular regarding gender based violence. Public outreach must also build awareness about prevention and protection services offered by the government and CSOs.

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This component will include grants under the contract to non-governmental organizations.

The Contractor must, at a minimum, conduct the following tasks:

● Build capacity for more effective strategic communication and/or outreach campaigns (governmental and/or non-governmental) that seek to counter negative gender, persons with disabilities, and sexual orientation related stereotypes, and change prevailing attitudes and norms that condone violence.

● Build capacity for more effective governmental and/or non-governmental public awareness and/or outreach campaigns that increase awareness of and access to services provided to Vulnerable Groups.

● Provide sub-grants for the implementation of awareness raising/strategic communication/outreach efforts together with governmental and/or non-governmental partners that transform negative stereotypes of Vulnerable Groups and change attitudes and norms that condone violence. The Contractor must explore opportunities to support public-private partnerships that implement awareness raising campaigns.

● Collect and analyze data measuring attitudinal changes resulting from awareness raising campaigns and implement evidence-based adjustments to ongoing and new outreach efforts based on this data.

Additional and specific services, tasks and activities required to achieve the Component 2 outcome and results will be developed through a collaborative work planning process incorporated into work plans.

The expected outcome under Component 2 is to build public support for, and awareness of, policies and services that protect the rights of Vulnerable Groups. The Contractor is expected to achieve the following results under Component 2:

● Increased public awareness of government and/or non-governmental services and how to access those services

● Increased public support for protection and equal rights of Vulnerable Groups

C.3.3. Component 3: Build Capacity of Civil Society to Effectively Represent the

Interests of Vulnerable Groups

Under Component 3, the Contractor must build the capacity of civil society to represent the interests of targeted Vulnerable Groups and to advocate for and provide services to Vulnerable Groups.

The focus of capacity building must be adapted to the specific obstacles that CSOs face in achieving greater protection, including in the areas of communication, outreach, advocacy and monitoring, fundraising, social entrepreneurship, management, financial management and accounting, service provision, accessibility, digital literacy, and digital-security.

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The Contractor must facilitate and improve service delivery to targeted Vulnerable Groups. The Contractor must promote the protection and inclusion of LGBTQI+ people in social services. This may include but is not limited to support for shelters or accessing shelters, job training, technical assistance, advocacy, research, communications messaging and information campaigns, and legal aid.

The Contractor must support response and protection services and efforts for victims/survivors of gender based violence and vulnerable children. This may include but is not limited to strengthening of referral pathways, training of service providers, support for shelters, provision and connection to social services, and psychological support.

The Contractor must advance efforts to include and empower persons with disabilities. This may include but is not limited to training, technical assistance, advocacy, small scale renovations/refurbishments to improve the accessibility of people with disabilities, policy reform work including assistive technology reform, support for independent living centers, and public-private partnerships for sustained results.

This component will include grants under the contract to non-governmental organizations.

The Contractor must, at a minimum, conduct the following tasks:

● Provide technical assistance to CSOs, enabling them to conduct and maintain more effective constituency and coalition building.

● Provide technical assistance to CSOs, enabling them to more effectively identify and advocate for the needs and rights of Vulnerable Groups.

● Facilitate and improve service delivery to targeted Vulnerable Groups, including the provision of shelters and crisis centers, health care services, legal aid, mental health services, consultations on rights and access to services, and social work.

Additional and specific services, tasks and activities required to achieve the Component 3 outcome and results will be developed through a collaborative work planning process incorporated into work plans.

The expected outcome under Component 3 is improved civil society advocacy and service provision that better protects Vulnerable Groups. The Contractor is expected to achieve the following results under Component 3:

● Vulnerable Groups are more actively involved in policy and decision making at the national and local levels

● As a result of civil society advocacy, the number and quality of services for Vulnerable Groups is increased

● As a result of civil society advocacy, human rights of Vulnerable Groups are protected, including freedom from violence and freedom of assembly

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C.4. Stakeholder Engagement

CSO activity must be driven by the demands and active participation of Vulnerable Groups and a broader coalition of Georgian citizens. The Contractor must ensure that the interests of Vulnerable Groups are effectively and organically represented by CSOs. In order to effectively advocate for Vulnerable Groups, CSOs have to build political and social legitimacy that is derived from their representation of local constituencies. Their outreach, fundraising, and programmatic approach needs to be driven by Georgian constituencies, and must include accountability, first and foremost, to vulnerable beneficiaries and to a broader coalition of Georgian citizens.

The Contractor must maintain robust engagement with national and municipal level government institutions. At minimum this must include the Ministry of Internally Displaced Persons, Labor, Health and Social Affairs (MIDPLHSA), including its Agency for State Care, the Ministry of Regional Development and Infrastructure (MRDI), the Public Defender's Office (PDO), the Ministry of Finance (MoF), Ministry of Education and Science (MoES), Ministry of Economy and Sustainable Development (MoESD), and Parliament.

C.5. Coordination with Other USG and Donor Activities

A wide variety of donors are also engaged in this sector. The Contractor must leverage these investments by identifying synergies, building upon past achievements, and incorporating lessons learned.

Where possible, the Contractor must collaborate and work with ongoing USG programs, including the USAID Rule of Law Program, USAID Information Integrity Program, USAID

Local Governance Program, USAID National Governance Program, USAID Civil Society

Engagement Program, USAID Unity Through Diversity Program, USAID Transform Activity in Georgia, USAID Bridging the Gap program, and others.

C.6. Adaptive Management

Given the fluid nature of the operational context, USAID/Georgia is constantly adapting to changing circumstances on the ground. The Contractor must ensure that the Program remains responsive to new information, emerging needs, and contextual changes and regularly recommend appropriate adjustments to partners, approaches, and programming. This includes consultations with USAID, the GOG, local government partners, and other stakeholders as well as the effective use of iterative Political Economy Analyses (PEA) and key data points from monitoring, evaluation, and learning (MEL) and collaboration, learning, and adapting (CLA) efforts. The Contractor’s approach to adaptive management must also examine how to best take advantage of the flexibility of this mechanism to respond to targeted technical needs or other unanticipated requests as they may arise.

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A. Joint Collaborative Work Plan Development

The Contractor must jointly develop annual Work Plans with USAID, and as determined, in consultation with the Contracting Officer’s Representative (COR), additional other stakeholders.

This will ensure an adaptive management and decision-making approach to capitalize on emerging windows of opportunity and constraints.

B. Monitoring, Evaluation and Learning/Collaborating, Learning and Adapting

Monitoring, Evaluation and Learning (MEL) will be a key component of the Program’s approach to adaptive management and its Collaborating, Learning, and Adapting (CLA) agenda. The Contractor must develop a systematic method for collecting and analyzing performance data and other information to track progress toward planned results, ensure effective management and oversight, and enable data-based decision-making. The Contractor must guarantee that sufficient human and financial resources are allocated for MEL and CLA. A critical element will also be the development and launch/release of outreach materials, including videos, to promote the Program’s accomplishments and the replication of success across Georgia.

National and subnational counterparts must be involved in the development of the MEL approach, to cultivate ownership over results and utilize the process to build their own MEL capacity. Performance indicators (including baselines, targets, outputs, and outcomes) must consider existing government indicators where appropriate or feasible.

Methodologies must address data collection, quality, and analysis and follow USAID standards of validity, integrity, precision, reliability, and timeliness. All data must be disaggregated by sex and other key demographics, as appropriate: location, key approaches, such as innovation, sustainability, private sector engagement, gender equality, and social inclusion, must also be captured.

The Contractor must plan for an independent/external mid-term and final evaluation and will need to consult with USAID to ensure that the planned evaluation/s meet USAID’s standards.

As part of the MEL Plan, the Contractor must develop a CLA plan that explains the Program’s use of monitoring and evaluation findings; establishes the Program’s analytic agenda; defines learning agenda questions; provides a platform for constructive failure; and describes how the Program will collaborate with partners to enable adaptation. In addition to iterative PEA, this may include joint work-planning sessions, scenario planning, risk analysis, reflection opportunities, learning events, and other efforts that check assumptions, review challenges and successes, and revalidate or refine the Program approach. The CLA plan must include attention to gender equality and social inclusion, private sector engagement, and local ownership. The CLA plan must include a specific learning event with USAID and local partners following the mid-term evaluation and a dedicated focus on knowledge capture at Program close out.

C.6 Grants Under Contracts (GUC)

[Note: At this time, USAID is finalizing the structure of the grants under contracts component.]

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C.7 Organizational Capabilities and Contact Management

The Contractor must have the necessary mix of staff and requisite levels of professional expertise, adapted as needed, to implement the Program and must identify, recruit, hire, and support appropriate candidates for the key personnel positions.

The Contractor’s successful track record must demonstrate that it can ensure the sustainability of intervention outcomes, including proven methodologies for cultivating local ownership, effectively engaging with both the public and private sectors, replicating and scaling models, promoting knowledge management, pursuing creative approaches, and institutionalizing reform.

The Contractor must have a combination of core staff to manage regularly scheduled work and deliverables as well as short-term advisors, experts, and specialists to conduct periodic or one-off tasks, in accordance with all components. The team collectively must possess a deep cadre of high-level specialists to implement the Program.

Consistent with the Agency Policy of Gender Equality and Women's Empowerment, USAID/Georgia promotes social equity and inclusion in its hiring and management practices.

The Contractor must demonstrate institutional commitment to gender equality and social inclusion and must consider equitable balance in staffing and staff requirements; personnel systems, hiring, and management; and capacity development principles and approaches. It is critical for the sustainability of the activities to be initiated under this Program that the

Contractor engages local experts. When qualified personnel are available, the Contractor must utilize local personnel with appropriate prior experience and expertise.

Professional-level skills and management practices are required in the performance of this contract. Accordingly, the Contractor must establish an effective quality control program to assure that deliverables and other products meet professional standards and comply with requirements.