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. 

UN Women South Africa Multi-Country Office (SAMCO) is based in Pretoria, South Africa and serves five countries: South Africa, Botswana, Lesotho, Namibia, and ESwatini.

The Government of South Africa’s commitment to uphold gender equality is anchored in its ratification of Convention on the Elimination of All Forms of Discrimination Against Women in 1980, the Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa (Maputo Protocol) in 2005; SADC Protocol on Gender and Development as well as other global and regional instruments.  Several domestic laws such as The Choice on Termination of Pregnancy Act of 1996, The Domestic Violence Act of 1998, Maintenance Act of 1998, Recognition of Customary Marriages Act 120 of 1998 (RCMA) and The Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 have also been passed that aim to end gender discrimination. 

Further Section 9 of the Constitution of South Africa buttressed by the Bill of Rights adopted after the dawn of Democracy in 1994 recognises women and men as equal citizens. This is to ensure that formally, women are no longer prejudiced. For instance, the Constitution prohibits unfair discrimination directly or indirectly against anyone on one or more grounds including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.  The Bill of Rights guarantees equal treatment for all South Africans and emphasises that measures must be taken to promote the achievement of equality in all spheres of society.  The Constitution makes provision for institutions that support democracy as well as for the participation of women. These include, among others, the Commission on Gender Equality and the South African Human Rights Commission. In this regard, the Constitutional Court has handed down a number of judgments that have affirmed women's rights.

However, despite progress of South Africa passing progressive legislation to end gender discrimination, contradictions between statutory law and the equality and non-discrimination clause of the Constitution persists. The extent of such inconsistencies needs to be fully documented as a basis for undertaking informed and comprehensive legal reforms.  In this regard, UN Women is hiring a consultant to undertake a comprehensive mapping of laws of South Africa as a basis for parliamentary action on legislative gaps and discriminatory laws.

The Shadow report on the implementation of the Convention on the Elimination of All Forms of Discrimination Against Women submitted by the South African Non-Governmental sector to the Committee on the Elimination of Discrimination Against Women (CEDAW Committee) during its 48th Session in 2011, underscored that “the State has agreed to condemn and eliminate discrimination against women, as defined in Article 1, by:

1. In terms of policy measures;
2. Embedding the principle of equality into its national constitution and taking legislative and other steps to ensure practical realisation of the right;
3. Developing policies and laws to promote and protect the right to equality;
4. Abolishing, repealing or modifying all laws, regulations, customs and practices that constitute discrimination against women”.

Objectives of the assignment:

To undertake a comprehensive mapping of laws of South Africa to inform comprehensive legal reforms.

Scope of Work:

Working in close consultation with relevant Government agencies, the UN system, legal research institutes and women’s groups, the consultant will:

• Undertake a desk review for a comprehensive mapping of the legal landscape of South Africa 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.
• Analyse each legal text to determine how their provisions impact upon the achievement of gender equality.
• Hold a national consultation in September 2023 after the desk review has been completed. Technical support for this event will be provided by UN Women Headquarters, UN Women Country Office and the Commonwealth Secretariat.

Duties and Responsibilities

The duties and responsibilities include:

Part I: South Africa’s global and regional gender equality commitments;

• Comprehensive assessment of laws and policies affecting gender equality.
• A review of South Africa’s international treaty obligations and the steps taken by the Government to domesticate the provisions of CEDAW, the Maputo Protocol, and other global and regional instruments, including best practices in domesticating them.

Part II: An in-depth analysis of domestic legislation;

• the Constitution
• statutes and sectoral laws.
• the role played by the courts in advancing and reinforcing gender equality principles.
• the extent to which South Africa is compliant with the international and regional obligations highlighted in Part I.
• Laws, Regulations and Orders with a direct or indirect bearing on the provisions of CEDAW, the Maputo Protocol and other related commitments were analysed.

Part III: An overview of judicial interventions in matters affecting the rights of women.

Part IV: Specific actions needed to address discriminations in law, through the repeal, revision, the enactment of specific laws and policy interventions, based on highlighted gaps in current legislation.

• Recommendations

Deliverables

1. Develop inception report with the work plan and drafting minutes from consultative meeting with government, women judges;
2. Listing of reference group members on the reference group meeting reports in the first draft and report;
3. Developing second draft and final reports and PowerPoint presentation.

Work Schedule:

Competencies

Core Values:

• Respect for Diversity;
• Integrity;
• Professionalism;

Core Competencies:

• Awareness and Sensitivity Regarding Gender Issues;
• Accountability;
• Creative Problem Solving;
• Effective Communication;
• Inclusive Collaboration;
• Stakeholder Engagement;
• Leading by Example.

Please visit this link for more information on UN Women’s Core Values and  Competencies: https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/About%20Us/Employment/UN-Women-values-and-competencies-framework-en.pdf

Functional Competencies:

• In-depth knowledge and experience of normative frameworks guiding gender equality;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Shares knowledge and experience;
• Experience in applying a consultative and consensus-building approach;
• Strong analytical skills;
• Plans and produces quality results to meet established goals;
• Understanding and appreciation of government processes and structures an added advantage;
• Computer Literacy.

Required Skills and Experience

Education:

• Masters/Doctorate degree in gender, law, public policy, social science or related field.

Experience:

• Minimum 10 years of experience working on issues of gender equality, women’s rights, law and public policy;
• Knowledge and experience of gender mainstreaming and gender policy imperatives at a global, African, Southern African and country level within the law and constitution context;
• Experience in communication and writing of public policy and conducting law related research studies;
• Knowledge and clear understanding of human rights concepts;
• Experience in undertaking legal research.
• Previous experience with UN Women and UN agencies, international organizations and/or Governments is an asset.

Language Requirements:

• Excellent verbal and written English;
• Knowledge of the other UN official working language is an asset.

Note:

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.

UN Women Personal History form (P-11) can be downloaded from http://www.unwomen.org/en/about-us/employment

At UN Women, we are committed to creating a diverse and inclusive environment of mutual respect. UN Women recruits, employs, trains, compensates, and promotes regardless of race, religion, colour, sex, gender identity, sexual orientation, age, ability, national origin, or any other basis covered by appropriate law. All employment is decided on the basis of qualifications, competence, integrity and organizational need. 

If you need any reasonable accommodation to support your participation in the recruitment and selection process, please include this information in your application. At UN Women, we are committed to creating a diverse and inclusive environment of mutual respect. UN Women recruits, employs, trains, compensates, and promotes regardless of race, religion, colour, sex, gender identity, sexual orientation, age, ability, national origin, or any other basis covered by appropriate law. All employment is decided on the basis of qualifications, competence, integrity and organizational need.

UN Women has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and UN Women, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination. All selected candidates will be expected to adhere to UN Women’s policies and procedures and the standards of conduct expected of UN Women personnel and will therefore undergo rigorous reference and background checks. (Background checks will include the verification of academic credential(s) and employment history. Selected candidates may be required to provide additional information to conduct a background check.)