II. Organizational Context, background and statement of the problem.
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.
The commitments of the Government of the United Republic of Tanzania towards gender equality and women’s rights are evidenced in several strategic documents, such as the Tanzania Gender Development Policy of 2008 and the National Action Plan to End Violence against Women and Children of 2017/2018 - 2020/202. Gender equality is also mainstreamed in broader national development policies such as the Five-Year Development Plan 2016/2017 – 2020/20121: Nurturing Industrialization for Economic Transformation and Human Development. These, in line with other planning documents such as ‘Tanzania Vision 2025’, note the importance of increased equity, democracy and political and social tolerance to further human and economic development in the country (Tanzania Vision 2025).
These are aligned to Tanzania‘s International and Regional obligations and commitments including, but not limited to, non-discrimination, equality and rule of law. Tanzania’s commitments also include Sustainable Development Goal (SDG) 16 to ‘promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels’ (Transforming our world: the 2030 Agenda for Sustainable Development) and SDG 5. Other such instruments include the Universal Declaration of Human Rights of 1948 (UDHR), International Covenant on Civil and Political Rights of 1966 (ICCPR), International Covenant of Social and Economic Rights of 1966 (ICESCR), the Convention on the Elimination of All Forms of Discrimination against Women of 1981 (CEDAW), Africa Union Agenda 2063 aspiration for an Africa of good governance, democracy, and respect for human rights, justice and the rule of Law (African Union Agenda 2063) and The African Charter on Human and Peoples rights of 1981 and the additional Protocol on the Rights of Women of 2003.
Despite this, challenges still exist in some legal frameworks and their implementation in a manner that denies women certain rights, especially those related to property ownership, inheritance and marriage. The precedence of customary law in deciding cases in these areas continues to deprive women of rightful entitlements. An example of this problem is the existence of Customary Law Declaration Order which is discriminative towards women and provides a legal foundation for gender-based violence. Furthermore, the existence of customary practices such as the bride price, widow inheritance and cleansing, female genital mutilation and cutting (FGM/C) as well as strong patriarchal structures at community and family level continue to oppress women. The implementation of progressive laws is also sometimes challenged by the existence of customary structures and judicial organs that deal with the administration of justice.
Tanzania’s legal system consists of parallel frameworks. Statutory law exists alongside customary and Islamic law with courts mandated by law to apply customary and Islamic law in the administration of justice. The rules of customary laws currently applicable to the administration of justice in Mainland Tanzania originate from different ethnic groups. They were codified more than 50 years ago through the Local Customary Law Declaration Orders, 1963. The Judicature and Application of Laws Act, 1961 provides room for revision of customary rules to reflect developments taking place in particular societies but no such revisions have been done. The longevity of many provisions of customary law has placed women in a precarious condition as they are most often discriminated against directly or indirectly in the course of application of customary laws. There are numerous instances where courts have preferred the use of customary law in the administration of justice even though the use of such laws discriminates against women and contradicts statutory law.
In order to assist the Government of Tanzania in its endeavours to implement the recommendations of the CEDAW Committee on customary laws that discriminate against women, UN Women is extending technical support to assist in the formulation of recommendations for reform on the customary justice systems found on the Mainland. In order to provide well informed recommendations, a gender analysis of customary justice systems and justice sector policies in Mainland Tanzania is required. The study will be conducted in the regions of Mara, Dodoma and Mwara.
Duties and Responsibilities
III. Objectives of the Consultancy
Under the overall guidance of the Head of Leadership, Political Participation and Governance UN Women, the consultant will achieve the below objectives:
• Conduct a gender analysis, including barriers and gaps in women’s access to justice under customary law frameworks and traditional justice systems
• Identify customary modes of solving dispute – (types of customary law and traditional mechanisms) – structure, procedures, remedies and their enforcement including case studies of specific cases which have been resolved.
• The areas covered by this study should include, but are not necessarily limited to, marriage and divorce law, inheritance law and approaches to tackling VAW within customary justice systems.
• Supply clear and detailed findings and conclusions which will inform the development of policies and guidelines in this area.
• Develop detailed recommendations for reform from the results of the study that will be provided to the appropriate stakeholders.
IV. Key Deliverables
1. Inception report including the methodology for the study, resource people to be interviewed, criteria for selection of regions and annotated outline of report. The involvement of government (Gender Machinery and Ministry of Constitutional and Legal Affairs) should be clear;
2. Literature review covering key thematic areas (particularly family law, VAW, inheritance, marriage and divorce) as well as covering examples of the use of customary law by other countries in the region;
3. Presentation of the inception report to be approved by UN Women at the inception meeting;
4. Final Inception Report with inputs incorporated resulting of the inception meeting and review;
5. Comprehensive gender analysis covering customary law and justice systems in Tanzania. This should include but not be limited to the following:
• Gender analysis of customary marriage and divorce law, inheritance law and approaches to tackling VAW within customary justice systems.
• Analysis of how the recognition of customary law impacts the ability of non-traditional courts to realize women’s access to justice
• Provide legal analysis of customary law and justice systems regarding their compliance with the constitutional law of Tanzania as well as international law and standards, such as CEDAW
6. Submit draft study on Gender analysis of customary Justice System to UN Women for comments and review and submit final documents after incorporation of comments and feedback.
7. Participate in and lead validation meetings with key stakeholders
8. Participate in and lead dissemination meetings with relevant stakeholders.
V. Implementation timeframe
The consultancy shall be undertaken over a period of 45 days that will start running from the date of signing the consultancy agreement.
1. The consultant is expected to develop and submit monthly reports as per the agreed terms of reference.
Deliverables Estimated Duration Review and Approvals Required
• Inception Report 2days approval UN Women
• Present the inception report at the inception meeting and incorporate inputs 2days approval by UN Women
• Desk/literature review 3days
• Conduct field visits 26 days
• Gender analysis of data, writing of report and submission 8days approval by UN Women
• Present report at validation meetings 2days approval by UN Women and Other Key Stakeholders
• Dissemination meetings with strategic partners 2days approval by Strategic Partners
Competencies: Core Values/Guiding PrinciplesIntegrity:
• Demonstrate consistency in upholding and promoting the values of UN Women in actions and decisions in line with the UN Code of Conduct.
• Demonstrate professional competence and expert knowledge of the pertinent substantive areas of work.
Cultural sensitivity and valuing diversity:
• Demonstrate an appreciation of the multicultural nature of the organization and the diversity of its staff. Demonstrate an international outlook, appreciating difference in values and learning from cultural diversity.
Ethics and Values:
• Demonstrate and safeguard ethics and integrity.
• Demonstrate corporate knowledge and sound judgment.
Development and Innovation:
• Take charge of self-development and take initiative.
Work in teams:
• Demonstrate ability to work in a multicultural, multi ethnic environment and to maintain effective working relations with people of different national and cultural backgrounds.
Communicating and Information Sharing:
• Facilitate and encourage open communication and strive for effective communication.
Self-management and Emotional Intelligence:
• Stay composed and positive even in difficult moments, handle tense situations with diplomacy and tact, and have a consistent behaviour towards others.
• Surface conflicts and address them proactively acknowledging different feelings and views and directing energy towards a mutually acceptable solution.
Continuous Learning and Knowledge Sharing:
• Encourage learning and sharing of knowledge.
Appropriate and Transparent Decision Making:
• Demonstrate informed and transparent decision making.
• Extensive knowledge of international, regional and national gender standards and experience in best practices in promoting women’s human rights
• Strong technical understanding of customary and traditional laws and justice systems in Tanzania
• Strong analytical, research and report writing skills
• Ability to adapt to different environments (cultural, economic, political and social);
• Demonstrate professional competence and is conscientious and efficient in meeting commitments, observing deadlines and achieving results;
• Demonstrate interpersonal and diplomatic skills, as well as the ability to communicate effectively with all stakeholders and to present ideas clearly and effectively;
• Computer literacy and ability to effectively use office technology equipment, IT tools;
• Demonstrate commitment to upholding and promoting the values of the United Nations in actions and decisions, in line with the UN code of Conduct;
• Create and promote an environment for open and effective communication;
• Share knowledge and build a culture of knowledge sharing and learning;
• Be a strong team player
Required Skills and Experience
Master’s degree in Law, Social Sciences, Gender/Women’s Studies, Political Science or any other relevant field.
• At least 5 years of proven experience of working on analyzing customary justice systems and common law systems from a gender perspective;
• Demonstrated interest in the field of gender equality and women’s rights;
• Track record of producing timely and high quality written reports and a proven background and experience at the national and/or international level of research or academic experience in the field of women’s rights and gender equality;
• Working experience with international organizations is strong advantage.
• Good analytical and communication skills with a high level of proficiency in both written and oral English;
• Excellent domain of Swahili is required.
• Language Requirements:
• Fluency in English and Swahili is required.
VII. Submission of application & criteria for selection
Interested national consultant need to submit the following documentation in support of their application:
• One cover letter: Explaining why the candidate is the most suitable for the work;
• Proposed approach and envisioned work plan;
• UN Women Personal History Form (P11), which can be downloaded at ;
• The Consultancy costs including all travel costs.
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.