Historique

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.

Devoirs et responsabilités

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:

Compétences

Technical Competencies:

• Experience in issues related to gender equality, legal reforms, women economic empowerment and ending violence against women

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.

Qualifications et expériences requises

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.