New Job United Nations at UN Women Tanzania – National Legal Consultant | Deadline: 04th November, 2020
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| UN Women |
Jobs in Tanzania 2020: New Job Opportunities at UNDP Tanzania, 2020
to Conduct a National Comprehensive Assessment of Discriminatory
National Laws in Tanzania (Mainland and Zanzibar)
Advertised on behalf of : UN Women
Location : Home- based with travel within Tanzania (Mainland and Zanzibar), TANZANIA
Application Deadline : 04-Nov-20 (Midnight New York, USA)
Type of Contract : Individual Contract
Post Level : National Consultant
Languages Required : English
Starting Date : (date when the selected candidate is expected to start) 09-Nov-2020
Duration of Initial Contract : 45 working days
Expected Duration of Assignment : 45 working days
UNDP
is committed to achieving workforce diversity in terms of gender,
nationality and culture. Individuals from minority groups, indigenous
groups and persons with disabilities are equally encouraged to apply.
All applications will be treated with the strictest confidence.
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UNDP does not tolerate sexual exploitation and abuse, any kind of
harassment, including sexual harassment, and discrimination. All
selected candidates will, therefore, undergo rigorous reference and
background checks.
Background
UN Women, grounded in
the vision of equality enshrined in the Charter of the United Nations,
works for the elimination of discrimination against women and girls; the
empowerment of women; and the achievement of equality between women and
men as partners and beneficiaries of development, human rights,
humanitarian action and peace and security.
Over 2.5 billion
women and girls around the world are affected by discriminatory laws and
the lack of legal protections, often in multiple ways. The spaces in
which laws have been designed, implemented or even studied as a
profession have historically excluded women and girls. As a result,
their voices and perspectives continue to be largely absent from laws
and legal practices. Discrimination in law is commonplace, including
different standards for women and men in applying for a passport,
choosing employment, transferring nationality to a child or foreign
spouse, participating in court proceedings, receiving inheritance and
deciding when and whom to marry. Laws that promote gender equality can
yield multiple dividends: among other potential benefits, a law that
enables women to inherit on an equal basis with men could empower
mothers to invest in the education of their daughters. This increases
women’s average age of marriage, because girls who stay in school are
less likely to be married off. On the other hand, lower levels of gender
equality in national laws are associated with fewer girls enrolled in
primary and secondary education, fewer women in skilled work, fewer
women owning land, fewer women accessing financial and health services
and more women facing domestic, family and sexual violence.
Law
reform more broadly, and the repeal or revision of discriminatory laws
specifically, are inherent to the achievement of gender equality a
requirement for realizing the transformative ambitions of the 2030
Agenda for Sustainable Development. They are also among the specific
commitments of States enshrined in relevant international conventions
and United Nations standards and norms. Yet progress in eliminating
discriminatory laws has been uneven. In many cases, global, regional
and national sources of support have not been fully harnessed to
accelerate reforms. Key propellers have included the monitoring role of
the Committee on the Elimination of Discrimination Against Women (CEDAW
Committee), country visits of the United Nations Working Group on the
issue of discrimination against women in law and in practice, the
policies of regional and interregional bodies, statements of political
will from national governments, ongoing investments in analysis of laws
from a gender perspective, continued education of the judiciary on
domestic application of international law, judicial activism in striking
down unconstitutional or discriminatory laws, the active engagement of
civil society organizations (CSOs), campaigns to galvanize awareness and
the collection of data to track specific aspects of discriminatory
laws.
Against this background, UN Women, the African Union, the
Commonwealth, the Inter-Parliamentary Union, the Organization
International de la Francophonie and Secretaría General Ibero-Americana
have issued Equality in Law for Women and Girls by 2030: A Multi
stakeholder Strategy for Accelerated Action as a roadmap for the
elimination of laws that discriminate against women and girls. The
strategy presented in Equality in Law for Women and Girls focuses on the
repeal or revision of discriminatory laws as an important part of a
broader legal reform agenda that supports the achievement of gender
equality. In this broader context, it seeks to ensure the elimination of
all discriminatory legislation by 2030.
In line with the above,
UN Women Tanzania intends to conduct a comprehensive legislative
analysis from a gender perspective to provide an in-depth understanding
of the current legal framework and the existence of gaps and
discriminatory provisions, with the long-term vision of advocating for
law reform to enact new laws or repeal or revise discriminatory
legislation. The gender analysis will explore the vast spectrum of laws
to assess their gender responsiveness and will highlight discriminatory
provisions and gaps that would require to be repealed, amended or
enactment through a law reform process. Gender-sensitive legislation
assumes “the integration of a gender perspective into all components of
the legislative process—design, implementation, monitoring and
evaluation to achieve the ultimate objective of equality between women
and men.
The principle of equality and non-discrimination
embodies the cognizance that human rights cannot be achieved without
guaranteeing that women and men (boys and girls) enjoy full and equal
rights, responsibilities and opportunities. This principle is enshrined
in multiple international treaties and in the Constitution of the United
Republic of Tanzania and various legislations. Although Tanzania is a
signatory to Global and Regional human rights instruments, and has in
place laws, policies and strategies to attain gender equality and
equity, the principle of non-discrimination is often not respected,
frequently in the area of marriage and women’s property rights.
Both
Tanzania Mainland and Zanzibar Constitutions declares equal rights of
men and women, and equal access to social, economic and development
opportunities. However, women especially poor women, girls, people with
disabilities face a host of direct and indirect discrimination that
marginalizes them from effectively participating in and benefiting from
economic, social, legal and political developments in the country. This
situation is a result of the deep-rooted cultural, structural, and
systemic practice of unequal relations and gender disparities.
Zanzibar
Gender policy 2016 has included the strategy to ensure all gender
related ratified conventions, declarations and protocols are
mainstreamed in legal frameworks. Zanzibar Government is commit to
create a conducive environment to ensure women’s access, ownership and
control of factors of production, among them includes to ensure
enforcement of laws and regulations to address issues of access,
ownership and control of productive resources, also to develop and
enforce by-laws at different levels of Local Government; to address
gender based discrimination, violence and oppressions. Despite
commitments that Tanzania has subscribed to globally, regionally and
nationally, women continue to experience discrimination due to
persistent social-cultural beliefs and practices. Discriminatory
provisions are entailed in various statutory and customary laws, such
as the Law of Marriage Act (1971), the Local Customary Law (Declaration
Order) (1963), the Penal Code, the Citizenship Act (1995), inheritance
laws and property laws, that are incompatible with internationally
ratified Conventions. The multiple and contradictory legal frameworks
(customary, religious and statutory) operating in tandem, leave room for
discrimination and marginalization of women. Inconsistencies can also
be found within the formal legal and policy frameworks. Legal
instruments that should protect children against such practices are
contradicted by others such as the Law of Marriage Act, of 1971 which
allows marriage of boys at 18 and girls at the age of 15, with parental
consent and 14 with Court consent.
The legal analysis will look
at discrimination in a broad sense – both on direct discrimination,
namely, how the law explicitly treats women and men or girls and boys;
and indirect discrimination that occurs when a law appears to be neutral
on its face but has a discriminatory effect in practice on women
because pre-existing inequalities are not addressed by the apparently
neutral measure. The legal analysis will consist of a selective mapping
of the national context for purposes of capturing all forms of legal
frameworks (the constitution, statutes, legislative instruments,
executive orders, administrative regulations, case law and other
relevant and related government texts) and not only those which
reference gender, women or girls. The legal frameworks in question will
cover all fields and sectors of law and will not be limited to
legislation that is specifically related to women, girls or children.
Each legal text will be pre-assessed, and a determination made as to how
the provisions impact upon the achievement of gender equality. The
legal analysis will draw from international standards, such as the
Convention on the Elimination of all Forms of Discrimination Against
Women (CEDAW) and the CEDAW Committee’s General Recommendation No. 28 on
the Core Obligations of States Parties under Article 2 of the
Convention on the Elimination of All Forms of Discrimination against
Women. Concluding observations from the CEDAW Committee, Committee on
the Rights of the Child and Universal Periodic Review will also be taken
in consideration.
Duties and Responsibilities
Under
the overall guidance of the Women Economic Empowerment (WEE) and the
Access to Justice for Women (A2JW) UN Women; UN Women Tanzania is thus
looking to engage a legal consultant to undertake the following tasks:
Undertake
a comprehensive analysis of the laws in Tanzania from a gender
perspective, beginning from the social, cultural, economic and political
context, underpinning the current state of affairs;
To conduct
stakeholder meetings and ensure that relevant feedback emanating from
the consultation process is incorporated into the final version of the
report.
Methodology and Scope of Work
Under the overall
guidance and supervision of the Program Specialist – Women’s Access to
Justice and working very closely with Program Specialist – Women’s
Economic Empowerment at the Country Office, the consultant will
undertake a comprehensive mapping of the legal landscape of both
Mainland Tanzania and Zanzibar for purposes of capturing all forms of
legal frameworks (the constitution, statutes, legislative instruments,
executive orders, administrative regulations, case law and other
relevant and related government legal frameworks). The legal texts in
question must cover legislation that is specifically related to women
and girls, as well as other fields and sectors. Each legal text will be
analyzed to determine how their provisions impact upon the achievement
of gender equality.
The proposed desk review will be followed by a national consultation. The report outline will cover the following:
- The plural legal, political, social, economic and cultural context of Tanzania;
- Tanzania’s commitments to global, regional and sub regional frameworks that advance gender equality;
- The
extent to which these commitments have been translated into domestic
laws, identifiable gaps in the content of existing laws as well as
implementation and the reasons for such gaps; - An analysis of other sectoral laws and how these impact on the achievement of gender equality;
- An
overview of the role that formal, informal and semi-formal courts have
played in: (a) advancing gender equality; (b) reinforcing gender
inequality or (c) both; - In considering 1-5, the consultant will
determine whether and how the laws in question explicitly treat women
and men or girls and boys differently and/or indirectly based on being
facially neutral on its face but discriminatory in effect due to
pre-existing inequalities that are not addressed by the apparently
neutral measure. - Following the above narrative, the consultant
will annex to the report, a table which encapsulates (1) the titles and
dates of all the laws under investigation; (2) the sections which are
explicitly or implicitly discriminatory; (3) gaps in the law; (4) the
basis for arriving at these conclusions and (4) recommended actions to
relevant stakeholders. - The report should be guided by Legal Analysis Checklist.
Key Deliverables
- Conduct a legal analysis from a gender perspective of agreed sectors of national legislation;
- Conduct consultation with key stakeholders to identify the sectoral laws for revision.
Implementation Timeframe
The
consultant will undertake the assignment in consultation with relevant
government departments and ministries, civil society organizations, and
UN Women, to deliver on the following products over a period of 45 days
between the period October to January 2021.
Expected deliverables and payment schedule:
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Deliverables |
Deadlines |
Payment schedule |
|
|
Legal analysis from a gender perspective |
|||
|
1 |
Methodology developed and shared |
November 16, 2020 |
65% |
|
2 |
Draft an inception report for the analysis of legislation from a gender perspective |
November 20, 2020 |
|
|
3 |
Conduct consultations to identify sectoral laws |
November 27, 2020 |
|
|
4 |
Develop draft report on the legislation analysis from a gender perspective |
December 7 2020 |
|
|
5 |
Facilitate a validation workshop to present legislation analysis findings |
December 21 2020 |
35% |
|
6 |
Provide a final report and brief on the legislation analysis from a gender perspective |
January 15 2021 |
|
Competencies
Technical Competencies:
- Experience in issues related to gender equality, legal reforms, women economic empowerment and ending violence against women
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Functional Competencies:
- Ability
to pragmatically apply in-depth knowledge and experience of issues and
practices in the fields of judiciary systems; legal reform; gender
equality, - Strong skills and experience in presenting evidence and ideas for policy and programme.
- Consistently approaches work with energy and a positive, constructive attitude.
- Demonstrates openness to change and ability to manage complexities.
- Strong communications skills (written and oral)
Core Competencies:
- Demonstrates integrity by modelling the UN’s values and ethical standards;
- Promotes the vision, mission, and strategic goals of UN Women;
- Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
- Treats all people fairly without favouritism;
- Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment.
Required Skills and Experience
Education:
- Master’s degree in Law, a PhD will be an added value.
Experience:
- At
least 10 years’ experience on the legal landscape of Tanzania from a
gender perspective and ability to undertake a gender analysis of
national legislation and policy documents; - Proven knowledge of
international practices, legislations and policies; and instruments,
including violence against women; and/or the protection of human rights; - Experience
in managing and facilitating high-level dialogues, round table
discussions, consultations, with stakeholders at both grassroots and
national levels; - Experience of working with CSOs initiatives and government;
- Proven experience to collect, analyze and interpret complex qualitative and quantitative data;
- Previous professional experience with development agencies and the United Nations would be considered an asset.
Language requirements:
Excellent command of English and Swahili (written and oral) is required.
Submission of Application
Interested national consultant needs to submit the following documentation in support of their application:
- A cover letter explaining why the candidate is the most suitable for the work;
- Proposed approach and envisioned work plan;
- UN Women Personal History form (P-11) which can be downloaded from https://www.unwomen.org/en/about-us/employment
- Kindly
note that the system will only allow one attachment. Please note that
applications without a completed and signed UN Women P-11 form will be
treated as incomplete and will not be considered for further assessment; - The Consultancy daily fees including all travel costs.
UN
WOMEN is committed to achieving workforce diversity in terms of gender,
nationality and culture. Individuals from minority groups, indigenous
groups and persons with disabilities are equally encouraged to apply.
All applications will be treated with the strictest confidence.
If you are experiencing difficulties with online job applications, please contact erecruit.helpdesk@undp.org.
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