UN Women

Local Consultant (Assessing Mozambique Gender Discriminatory Legislative Framework)

UN Women

Job Description

  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. Placing women’s rights at the center of all its efforts, UN Women leads and coordinates United Nations system efforts to ensure that commitments on gender equality and gender mainstreaming translate into action throughout the world. It provides strong and coherent leadership in support of Member States’ priorities and efforts, building effective partnerships with civil society and other relevant actors. The links between gender equality, women’s empowerment and development are well recognized. For example, the World Economic Forum reports that there is a positive correlation between gender equality and a country’s level of competitiveness, its Gross Domestic Product (GDP) per capita, and its rank in the Human Development Index. Over 2.5 billion women and girls around the world are affected by discriminatory laws and the lack of legal protection, 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 globally 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. UN Women’s Strategic Plan 2018-2021 highlights the Entity’s contributions to the gender-responsive implementation of the 2030 Agenda for Sustainable Development and seeks to leverage its comparative and collaborative advantages to accelerate the achievement of results for women and girls. The assignment is aligned with the UN Women Africa Strategy (2018 - 2021) that intends to ensure that «No Woman and Girl is left Behind» as Africa implements and strives to achieve the Sustainable Development Goals (SDGs) – particularly Goal 5: “Achieve gender equality and empower all women and girls”. It further allows UN Women to coordinate its actions in achievement of the Africa’s Agenda 2063 Goals and Aspirations striving for «An Africa whose development is people-driven, relying on the potential of African people, especially its women and youth, and caring for children» (Aspiration 6). UN Women strategy underscores not only the immense benefits of empowering women and girls, but the inherent value of women’s rights, and empowerment as a women’s human rights imperative. In Mozambique, support to Member States is exercised in the context of the overall support provided by the UN system under the UN Development Assistance Framework (UNDAF) 2017-2020. UN Women’s Strategic Note for Mozambique (2017-2021) focuses on providing financial and technical support to the Government of Mozambique across four thematic areas: women’s economic empowerment (WEE); ending violence against women and girls (EVAWG); women, peace and security (WPS) and supporting global norms on policies and standards on gender equality. Placing women’s rights at the center of all its efforts, UN Women leads and coordinates United Nations system efforts to ensure that commitments on gender equality and gender mainstreaming translate into action throughout the world. It provides strong and coherent leadership in support of Member States’ priorities and efforts, building effective partnerships with civil society and other relevant actors. 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 this context, UN Women is seeking to hire a National Consultant to conduct a mapping of discriminatory laws in Mozambique, assess opportunities and challenges for progressive legal framework reform for the empowerment of women and girls, including Mozambican best practices in legal development. The local consultant will work under the overall coordination of the UN Women Country Representative and direct supervision by the Women’s Economic Empowerment Portfolio Programme Officer and under co-supervision of The Rule of Law Advisor in UN Women HQ Under the overall guidance and direction of the supervisor, the Consultant will work closely with the programme team, Government institutions, UN Agencies supporting legal reforms in a number of thematic areas, women’s humans rights organizations and forums so to ensure the technical direction and best results from the study and key outputs are achieved in a cost effective and timely manner. As per the Beijing +25 National Report the Government of Mozambique expresses its political position and commitment to promote and protect women's rights through the ratification of the main international and regional instruments aimed to fulfill that objective in line with the national legal framework and in the documents that reflect the orientation strategy for the country's development. Prior to Beijing, Mozambique had ratified CEDAW in 1993, the Solemn Declaration on Gender Equality in Africa in 1994. The legal framework in Mozambique has been categorized as progressive although there’s still room for strengthening the implementation of legislation that protects the rights of women and girls. From its independence in 1975 Mozambique has adopted a Constitution assuring non-discrimination between men and women. In 1990 the country has reformed its constitution and reinforced the non-discriminatory principle (Articles 6 & 67). Following this principle, the country opened room for the reform of all other legislative frameworks which do not align with the Constitution of the Republic non-discriminatory principle. During the past decade Mozambique advanced in proposing reviews of certain laws, such as the Family Law, Labor Law and Criminal code and others have been approved, complementing those already existing and increasing coverage of the rights of women and girls, such as the Law of Right to Information, the Law that decriminalizes the abortion done in the health units under certain conditions (under the revision of the Criminal Code). The draft bill on the Elimination of Earlier Marriages was recently approved (Law 19/2019). UN Women has been supporting both (1) the full participation of women’s rights organizations in advocacy and technical assistance for legal reform of discriminatory laws and; (2) work with government authorities on gender-responsive planning approaches for the development of appropriate legal frameworks, policy interventions and institutions to implement the sustainable development goals, and women’s empowerment progress. In the area of education, an important step was repeal of Order 39/2003 of December 5, which eliminate the norm which oblige girls who become pregnant automatically to attend night school. The Law of the National of Education System was also revised, which includes gender equality as a principle and general objective. In line with the above, UN Women Mozambique 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 repeal, amended or enactment trough 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 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
The consultant will undertake a comprehensive mapping of the legal landscape of Mozambique 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. Specifically, the consultant will undertake the following tasks: - Identify the laws and regulations that can contribute to enhance or hamper gender equality and women’s empowerment by sector (women’s political empowerment, women’s economic empowerment and elimination of violence against women and girls); - Undertake a comprehensive analysis of the laws in Mozambique from a gender perspective, beginning from the social, cultural, economic and political context, underpinning the current state of affairs; -Conduct stakeholder meetings and ensure that relevant feedback emanating from the consultation process is incorporated into the final version of the report. Guiding normative frameworks and reference documents: Universal Declaration of Human Rights; CEDAW; Beijing Platform for Action; Sustainable Development Goals; UN Women Africa Strategy (2018 - 2021); the UN Women and UN Global Compact Women’s Empowerment Principles (WEPs); Government Five-Year Program 2020-2024; Constitution of the Republic of Mozambique (2004); Mozambican Public Procurement Regulations (works, goods and services – Decrees 42/89, Decree 29/97, Decree 54/2005); Mozambican Local Content Legal Framework; Law on Ending Child Marriage (Law 19/2019), Law on the Right to Information (Law 34/2014); Law on People Living with HIV/AIDS (Law 19/2014; Law on Domestic Violence against Women (Law 29/2009); Law on Human Trafficking (Law 6/2008); Family Law (Law 10/2004); Penal Code, among others. Present an Inception Report
  • Draw a road map and detailed action plan for the entire consultancy and research (including a timeframe);

  • The study methodology will be developed by the consultant and presented for approval to UN Women. The methodology should use a combination of quantitative and qualitative research methods that are appropriate to address the main study questions and account for complexity of gender relations and to ensure participatory and inclusive processes that are culturally appropriate. These methods should be responsive to human rights and gender equality principles, the “leaving no one behind” principle and facilitate the engagement of key stakeholders. Measures will be taken to ensure the quality, reliability and validity of data and data collection tools. Limitations with respect to the sample (representativeness) should be stated clearly;

  • Conduct a desk review of existing literature, legal framework, strategies and policies on the subject on global and local context;

  • The inception report should identify possible members that will compose the study reference group.

Draft a Report – Mozambique Chapter - Plan and coordinate all the activities for the primary data collection. Determine entities for the research and identify which specific legislation will be assessed; - Data collection to follow participatory methodologies putting women at the centre of all analysis;
  • Primary data collection should be undertaken through observations, individual key informant interviews and focal group discussions with representatives of relevant government institutions and development partners (duty bearers), women organizations (right holders) and key community players (community leaders, opinion makers) and civil society organizations seeking to address gender equality and human rights issues. The consultant will develop a sampling frame (area and population represented, rationale for selection, mechanics of selection, and limitations of the sample) and specify how it will address the diversity of stakeholders in the intervention;

  • Produce the report on findings in a timely manner. The report outline will cover the following:

  • The plural legal, political, social, economic and cultural context of Mozambique

  • Mozambique’s commitments to global, regional and sub-regional frameworks which advance gender equality;

  • The extent to which these commitments have been translated into domestic law, 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 (Annex 1 attached).

Facilitate a Validation Seminar - Prepare the presentation of findings and take note of all the recommendations made by the validation committee of women in business to facilitate affirmative procurement; - Alongside with UN Women, women’s organizations and partners, incorporate all the strong recommendations identified during the validation - Present the Study Main Findings at a National Event -Upon request conduct a presentation of the mapping, main findings, and recommendations in a national event.
Corporate Competences and Ethics
  • Demonstrate integrity, values and ethics in accordance to UN Women norms

  • Promote the vision, mission and strategic objectives of UN Women

  • Show respect regardless the race/colour, sex, religion, nationality and age as well as be sensible to cultural adaptation capacity

  • Consultant are expected to have personal and professional integrity and abided by the UN Code

  • Treats all people fairly without favoritism

  • Fulfills all obligations to gender sensitivity and zero tolerance for sexual harassment.

Functional Competences
  • Knowledge of legislation, legal systems, programme and public policies on gender, women’s economic empowerment, and women’s rights in general in Mozambique

  • 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)

  • Demonstrated experience in gender and development related research

  • Leadership and skills to work with autonomy and initiative

  • Strong Advocacy skills

  • Excellent knowledge of gender equality, women’s human rights and women's empowerment in Mozambique

  • Strong knowledge of UN system.

Managing knowledge and learning
  • Promote knowledge sharing and a learning culture;

  • Team working; and

  • Strong communication skills, oral and written in Portuguese and English; knowledge of local languages is an asset.

Ethical Code of Conduct
  • Independence: Consultant shall ensure that independence of judgment is maintained and that the study findings and recommendations are independently presented.

  • Cultural Sensitivity/Valuing diversity: Demonstrating an appreciation of the multicultural nature of the organization and the diversity of its staff. Demonstrating an international outlook, appreciating differences in values and learning from cultural diversity.

  • Impartiality: Consultant shall operate in an impartial and unbiased manner and give a balanced presentation of strengths and weaknesses of the key players in the field.

  • Conflict of Interest: Consultant are required to disclose in writing any experience, which may give rise to a potential conflict of interest, and to deal honestly in resolving any conflict of interest which may arise.

  • Honesty and Integrity: Consultant shall show honesty and integrity in their own behaviour, negotiating honestly the study costs, tasks, limitations, scope of results likely to be obtained, while accurately presenting their procedures, data and findings and highlighting any limitations or uncertainties of interpretation within the study.

  • Competence: Consultant shall accurately represent their level of skills and knowledge and work only within the limits of their professional training and abilities in study, declining assignments for which they do not have the skills and experience to complete successfully.

  • Accountability: Consultant are accountable for the completion of the agreed deliverables within the timeframe and budget agreed, while operating in a cost-effective manner.

  • Obligations to Participants: Consultant shall respect and protect the rights and welfare of human subjects and communities, in accordance with the UN Universal Declaration of Human Rights and other human rights conventions. Consultant shall respect differences in culture, local customs, religious beliefs and practices, personal interaction, gender roles, disability, age and ethnicity, while using study instruments appropriate to the cultural setting. Consultant shall ensure prospective participants are treated as autonomous agents, free to choose whether to participate in the study, while ensuring that the relatively powerless are represented.

  • Confidentiality: Consultant shall respect people’s right to provide information in confidence and make participants aware of the scope and limits of confidentiality, while ensuring that sensitive information cannot be traced to its source.

  • Avoidance of Harm: Consultant shall act to minimize risks and harms to, and burdens on, those participating in the assignment, without compromising the integrity of the study findings.

  • Accuracy, Completeness and Reliability: Consultant have an obligation to ensure that the study report and presentations are accurate, complete and reliable. Consultant shall explicitly justify judgments, findings and conclusions and show their underlying rationale, so that stakeholders are able to assess them.

  • Transparency: Consultant shall clearly communicate to stakeholders the purpose of the study, the criteria applied and the intended use of findings. Consultant shall ensure that stakeholders have a say in shaping the study and shall ensure that all documentation is readily available to and understood by stakeholders.

  • Omissions and wrongdoing: Where consultant find evidence of wrong-doing or unethical conduct, they are obliged to report it to the proper oversight authority.

Required Skills and Experience
Education: Master’s degree in law, human rights, gender studies and related fields. A PhD will be an added value. Experience:
  • At least 10 years’ experience on the legal landscape of Mozambique 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 authorities;

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

  • Previous professional experience with development agencies and the United Nations would be considered an asset.

  • Solid knowledge on the status of women’s rights, women’s economic empowerment, legislation and policies gender machinery in Mozambique;

  • Strong understanding of gender and its intersections with development indicators, etc.;

  • Solid knowledge of gender equality issues and experience in conducting market analysis, gender-responsive procurement and gender related research for advocacy purposes;

  • Understanding of the legal and institutional frameworks on preventing and responding to violence against women and girls, financing, employment, trade and industrialization and economic growth;

  • Demonstrated ability and experience to plan and undertake research, collect, analyse and interpret complex qualitative and quantitative data within a given timeframe;

  • Demonstrated ability to write research reports.

Language Requirements: Fluency in Portuguese and English both spoken and written. 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. 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.
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