Consultancy: Southern African Development Community (SADC) Gender-Based Violence Model Law Drafting

Duration: 11 Months (expected start date August 2020)

PURPOSE OF ASSIGNMENT

Southern African Development Community Parliamentary Forum (SADC-PF) with partners wish to engage the services of an experienced legislative drafter(s) to develop and draft a GBV Model Law. The aim is ensuring regional harmonization of national legislations addressing GBV related issues to close the lacuna in SADC countries and enable the respective Parliaments to respond more effectively to the legislative requirements to combat GBV by benchmarking domestic laws or law reform initiatives against international and continental legal instruments they have already committed to. The main objective of the model legislation is to serve as a guidance, a yardstick, and as an advocacy tool for legislators and other key stakeholders in the region and provide best practice language which can be easily adopted/adapted by member states. The GBV model legislation will assist member states - in particular policy makers and legislative drafters - to address all the relevant areas in need of legislative reform without interfering with the authority of national legislatures.

BACKGROUND

The SADC Parliamentary Forum was established in 1996 as a regional body of the national parliaments of SADC Member States. On 8th September 1997, the SADC Summit of Heads of State and Government approved the establishment of the SADC-PF as an autonomous institution of SADC, in accordance with Article 9(2) of the Treaty. The ultimate goal of the SADC-PF is to establish a Regional Parliamentary Framework for “dialogue on issues of regional interest and concern.” 

The approval for the setting up of the SADC-PF, confirmed the need to provide a parliamentary mechanism at the regional level to accelerate the process of establishing the enabling legislative, regulatory, policy, institutional and democratic environment for regional integration. It was observed that without adequate information, knowledge and relevant competencies on SADC issues both at national and regional levels, Parliamentarians and national Parliaments could not effectively exercise their influence and legislative roles for the benefit of the region and its peoples.

The SADC-PF’s mandate thus includes developing prototypes for parliamentarians to assist them in executing their mandated roles. One such method is through the development of Model laws. Regional Model Legislation provides a benchmark offering the highest standards of norms that national legislators should strive to emulate or duplicate that could be used in various jurisdictions that face similar problems.  

SADC-PF Regional Women’s Parliamentary Caucus (RWPC), during the Forum’s 44th Plenary Assembly Session held in Maputo, Mozambique (26 November to 10 December 2018), sponsored a motion to develop a model law on gender-based violence to be utilised by SADC Member States to prevent, address and eradicate these forms of violence. The motion was unanimously adopted. Consensus was also reached by stakeholders working in this area to proceed with the development of a SADC Model Law on Gender-Based Violence. The SADC-PF now seeks to commission the drafting of a Model Law on Preventing and Responding to Gender-Based Violence in the SADC region. 

LEGAL FRAMEWORK RELATING TO GENDER-BASED VIOLENCE IN SADC

SADC recognises GBV as a critical area of concern. In this regard, the SADC Protocol on Gender and Development (revised in 2016) emphasizes the need to address all forms of GBV. The Protocol, through Articles 20-25, identifies several measures to address GBV including legal measures; social, economic, cultural and political practices; support services; measures against sexual harassment; training of service providers; and adoption of integrated approaches. The SADC Gender Protocol urges Member States to enact and enforce legislation prohibiting all forms of gender-based violence.  In addition, SADC has developed the Regional Strategy and Framework of Action for Addressing GBV (2018-2030) Fs and the Regional Strategy on Women, Peace and Security (2018 – 2022), all of which seek to harmonize and coordinate the regional response to GBV and to help Member States to effectively respond to GBV. Additionally, the SADC SRHR Strategy for 2030 and its corresponding scorecard includes indicators to measure progress to the SDG’s targets related to SDG 5.1.  All SADC States have also ratified international and regional treaties and instruments that contain important provisions relating to eliminating gender-based violence. 

To operationalise the SADC Gender Protocol and other international and regional GBV-related instruments, SADC Member States have different pieces of legislation to address Gender-Based Violence, including legislations that address specific aspects of GBV such as rape and other forms of sexual violence, domestic violence, child sexual abuse, trafficking in persons, discrimination against women and other protected groups, female genital mutilation, child and/or forced marriage, and other harmful practices. Fourteen (14) of the SADC Members States have legislations on Human Trafficking, except Comoros and the Democratic Republic of Congo (DRC). Even where legislation on Gender-Based Violence is in place, in some cases these legislations are not comprehensive. 

NEED FOR REGIONAL MODEL LEGISLATION ON GBV

The proposed process of drafting a model law on Gender-Based Violence in the SADC region initiated by the SADC-PF is in response to the prevailing shortfalls in legislation on Gender-Based Violence and the chronic implementation gap across the region. Some countries in the region are either in the process of reviewing laws related to Gender-Based Violence and accelerating efforts to address the implementation gaps. There is also significant activity across the region relating to prevention and responses to Gender-Based Violence at local to national levels. A model law can guide these initiatives and interventions and ensure that they adhere to regional and international human rights frameworks. consider the increased vulnerability due to statelessness, unequal nationality rights and forced displacement.  

Once the GBV model legislation is adopted, the SADC-PF will encourage member states to domesticate and implement key aspects of the model legislation at the national level.  The model law will thus assist states to address all relevant areas in GBV legislation where they have gaps or where existing legislation needs reform. 

SCOPE OF WORK

1. Review relevant literature and legislations on Gender-Based Violence to inform understanding of the context on GBV and related issues. A list of recommended literature will be provided to the drafter(s), including on-going legal research on GBV in the SADC region;
2. Prepare an outline document of the Model Law for the consideration by the Technical Working Group for the SADC Model Law on Gender-Based Violence which will assist in identifying key thematic areas and related policy questions which will inform the content of the Model Law;
3. Participating as required in drafting meetings (telephonic and physical) with various stakeholders and entities; meetings of the Legislative Drafters Sub-Committee; sittings of Parliament and its Committees, and any other activities pertinent to the development of the Model Law;
4. Develop a position paper discussing issues relevant to Gender-Based Violence and the law and to inform the drafting of the Model Law and consultations with relevant stakeholders. 
5. Participate in consultations with relevant stakeholders, including civil society groups and work with the technical working group to ensure that the consultations outcomes inform the development of the Model Law.  
6. Develop a draft Model Law on GBV in SADC in consultation with relevant stakeholders that is inclusive of all. 
7. Incorporate proposals and amendments made during deliberative sessions on the draft Model Law.
8. Develop the final Model Law on Gender-Based Violence in SADC with full commentaries and references, including a full Explanatory Memorandum. 
9. Participate in advocacy efforts in Southern Africa on the Model Law through presentation at various workshops and seminars throughout the process of the development of the SADC Model Law on GBV.
10. Liaise with the Technical Working Group throughout the process to get directional insight on the assignment.

DELIVERABLES AND TIMELINES

The assignment is estimated to commence beginning of August 2020, to be completed within a period of 11 months. The drafter(s) is expected to produce the following deliverables:

• Inception report including detailed methodology for the efficient completion of the assignment; 
• An annotated outline of the Model Law;
• A position paper;
• A comprehensive draft Model Law on Gender-Based Violence with references and Explanatory Memorandum; 
• Production of revised drafts of the Model Law based on comments and inputs received from stakeholder’s consultations and the Technical Working Group;  
• Presentations on the GBV Model Law for relevant sectors, including Master Power Point Presentation on the Model Law and papers.  

In the development of the Expression of Interest (EoI), a minimum of 20 working days for participation in consultation with stakeholders. 

The duration of the contract is an estimate. Proposals must explicitly integrate flexibility to adapt to changes and delays in the duration and timing of activities, including as a result of the impact of COVID-19. Proposals must include an explicit commitment to accept extensions to the duration of the contract where they are required for the successful completion of the Model Law. 

A technical Working Group will guide the drafting of the Model Law and provide comments to outline document and position paper. An Expanded Working Group comprising, among others, the institutions of Parliaments, development partners, the executive organs, academia, civil society, legal experts, SADC member’s states, will be invited to provide technical input once a working draft is presented. This group will be coordinated by the SADC PF. In addition, wider consultations will also take place with civil society to input into the process.

Once an acceptable draft of the Model Law is ready and has been preliminarily approved by the organs of the Forum, a virtual or face to face workshop will be convened and is expected to validate the draft Model Law for onward consideration by policy organs of the Forum at its next sitting.

DURATION AND WORKING SCHEDULE

The assignment is estimated to commence beginning of August 2020, to be completed within a period of eleven (11) months. 

PLACE WHERE SERVICES ARE TO BE DELIVERED

Remotely, including travels in the SADC region. 

DELIVERY DATES

The delivery dates will be agreed upon contract signature. Work is expected to be delivered electronically and in face to face meetings. 

MONITORING AND PROGRESS CONTROL

Consultant(s) are expected to regularly report to the TWG on the SADC Model Law. The regularity of the reporting to both the Secretary General of the SADC PF and the TWG will be agreed upon contract signature. 

SUPERVISORY ARRANGEMENTS

The Consultant will report to the Secretary General of the SADC PF. The legal drafters will be expected to work with and report to the technical working group established for quality control and technical approval of the deliverables under the leadership of the SADC-PF. 

EXPECTED TRAVEL

The work will include travels to attend relevant meetings of the Technical Working Group, Expanded Advisory Group, SADC-PF and stakeholder’s consultations. Costs and arrangements for travel and incidentals related to the attendance of the meeting will be covered by the SADC-PF and other partners in accordance with applicable travel policies for meeting participants.

QUALIFICATIONS AND EXPERIENCES

• An Advanced degree in law, and specialisation in legislative drafting. 
• Minimum of 10 years’ experience in legislative drafting within the SADC jurisdiction.
• Substantial experience in and evidence of reviewing and drafting domestic legislation in the Africa Region.
• Substantial experience in drafting domestic GBV related laws and family laws within one or more SADC jurisdiction, familiarity and experience of harmonisation of statutory law with customary laws an advantage
• Knowledge and experience in review and analysis of international law in this area, including CEDAW (including relevant General Recommendations), the Maputo Protocol and other UN and regional instruments.
• Strong communication (Written and verbal) and IT skills, including capacity to convene virtual/ remote meetings and consultations. 
• Ability to constructively engage at a senior government level and ministerial level, Minister and Member of Parliaments. 
• Experience in working with English, French and Portuguese speaking countries. 
• Good interpersonal and diplomatic skills; ability to work in a team in a consultative and collaborative manner observing protocol.

APPLICATION PROCEDURE 

The application package will contain the following articles: 

• Letter of interest
• Technical proposal including the following:
• Proposed methodology 
• A proposed timeframe detailing activities and a schedule/work plan 
• Three relevant samples of previous similar assignment
• A proposed budget of maximum of 60,000 USD. 
• Curriculum Vitae(s) of legal drafter(s) support team. 
• Names and contact information of two references who can be contacted regarding relevant experience.

The application package should be submitted via email to SADC-PF at pkanguatjivi@sadcpf.org and UNFPA East and Southern Africa Regional Office at jdiallo@unfpa.org
with a clear heading “SADC GBV MODEL LAW DRAFTING CONSULTANCY”. The deadline for submission is 30th July 2020, 5 pm Johannesburg time.

COPYRIGHT

Copyright for the work produced as part of this consultancy shall be vested in the SADC-PF and any partner organisations agreed upon by the SADC-PF Secretariat and associated to this project. All acts covered by the copyright shall be taken jointly by the SADC PF and these partner organisations except that either party may itself reproduce or publish the text or, after consultation with the other party, a revised version of the text. While the individual(s) or institution(s) ultimately contracted to conduct the consultancy mentioned in the present Terms of Reference (TORs) will be acknowledged, that individual or institution shall not have any copyright claim with regard to any document produced as part of the consultancy.

COMPENSATION 

Estimated maximum 120 days of work at an all-inclusive daily rate commensurate with experience of selected consultant will be paid. Incidentals (e.g. long distance phone charges, internet costs, printing,) will not be reimbursed. The 120 days of work will be spread over a period of eleven (11) months, with the possibility of extending this period depending on political developments and COVID-19 situation. 

Payments in relation to this work will be made in several parts upon satisfactory delivery of intermediary products.