SENIOR EXPERT - WOMEN AND CUSTOMARY AND INFORMAL JUSTICE SYSTEMS

 

BACKGROUND INFORMATION

In the developing world, 80% of disputes are resolved by customary or informal justice systems (CIJs).[1]  Many justice seekers turn to CIJs as they are often more accessible, affordable and familiar than formal systems. They are also seen as offering other advantages such as speedy resolution, cultural relevance, use of non-confrontational approaches and flexibility. CIJs thrive in places where the formal system does not exist, is weak or not trusted, offering a space to address grievances and resolve disputes.[2] The relationship of these systems with the formal justice system differs from context to context. Many constitutions of the world do recognize customary law[3]; elsewhere, CIJs may be merely tolerated or wholly disavowed.

Despite their perceived advantages, CIJs are often skewed against women, favoring male-dominated structures, patriarchal values, and discriminatory and harmful outcomes for women. In many cases, they fail to uphold women’s human rights, in particular those pertaining to gender equality and non-discrimination. There are accounts that attempts by individual women to go against or bypass CIJs have led to outright ostracism and physical harm to these women.

Within the broader justice, governance and development sector, there has been growing discussion on engaging with CIJs to enable broader access to justice. IDLO itself has consistently interrogated possible avenues for engagement with CIJ systems[4]. Nevertheless, while understanding the need to enhance justice delivery, the challenges above show why it is critical to place women’s issues and concerns central to any conversation on CIJs.

A growing number of initiatives recognize the importance of working with plural legal systems to enhance women’s human rights. The CEDAW Committee, in its General Recommendation 33 on women’s access to justice, paragraph 63, “has observed a range of models through which practices embedded in plural justice systems could be harmonized with the Convention”. Several of these efforts are showing that while there are significant challenges to working with CIJs, there are also models, lessons and approaches that we can draw from to identify possible opportunities for strategic engagement.[5]

IDLO is seeking a Senior Expert to support the development of an Issue paper on the relationship between women and customary and informal justice systems, that will consolidate research findings, policy debates and policy recommendations, as well as good examples from IDLO’s and other organizations’ programmatic experience on engaging with CIJs to advance women’s rights.

The Issue paper will address the following questions:

• Challenges and Gaps in Women’s Access to Justice through CIJs: What challenges do women encounter when they seek justice through CIJs? Do these challenges vary based on the kind of cases – such as gender-based violence, land rights, family matters, access to services – type of CIJ, location, or level of recognition by formal laws?
• Possible Entry Points for Engagement (supported by Case Studies): Are there lessons and approaches for strategic engagement with CIJ systems? What are the possible entry points for engagement across themes and regions?

 THE ASSIGNMENT

 Under the supervision of the Senior Legal Advisor on Gender, the Senior Expert will perform the following duties:

• Produce a high-quality Issue Paper of not more than 40 pages on engaging with customary and informal justice systems to promote women’s rights and justice for women in relation to the implementation of the 2030 Agenda. The issue paper will:
• Review current legal and policy debates around women and CIJs and their relation to the implementation of the 2030 Agenda
• Making the Case - Provide quantitative and qualitative evidence for why it is important to engage with CIJs to promote women’s rights and justice for women
• Challenges - Identify critical challenges that women encounter when they seek justice through CIJs particularly in relation to Gender-based Violence;
• Entry points for engagement - Consolidate good practices and lessons learned for improving women’s access to justice through CIJs
• Integrate at least 5 case studies from 5 different countries in different regions of the world (e.g. Africa, Asia, Latin America and the Caribbean), covering a variety of themes, including GBV.
• Recommendations - Provide concrete recommendations on strategic policy and programmatic directions in the area of justice for women and women’s empowerment in the context of customary and informal justice systems.

  To develop the Issue Paper, the Senior Expert is asked to:

• Produce an outline and workplan for the Issue Paper;
• Produce three drafts of the Issue Paper and integrate comments and feedback from IDLO staff, peer reviewers and
• Consult with academics, national and international policy-makers and gender and justice practitioners;
•  Help identify and facilitate a group of experts on women and customary and informal justice to provide inputs into the development of the Issue Paper, including by assisting in convening at least one Expert Group meeting. 

Support the planning and implementation of at least one regional policy dialogue, possibly in Nairobi, to confirm research findings and receive inputs and strategic guidance from senior academics, national and international policy-makers and international gender and justice practitioners. This will include the following tasks:

• Develop a Concept Note for the event
• Advise IDLO staff on the List of invitees/ participants
• Liaise with experts in the field
• Provide a presentation during the event
• Moderate or facilitate sessions at the event
• Write a report of the inputs received during the event  
• Be available for regular meetings and travel, if needed; and 
• Perform other related duties as requested by the IDLO Research & Learning Department.

 GENERAL

 Throughout this assignment, it will be necessary to

• Emphasize peer exchange and review, responding collaboratively to feedback and input, under the guidance of the Senior Legal Advisor on Gender and the IDLO Department of Research & Learning.
• Adhere to and incorporate relevant international and national standards for conducting research ethically and to high standards of quality.
• Make available all data collection undertaken to IDLO’s Department of Research & Learning, in line with relevant methodological and privacy considerations.
• Undertake duty travel to at least two locations (TBD) (subject to security and other factors) for which round trip airfare, visa fees, accommodation, food, transportation, and insurance will be provided according to standard IDLO specifications;
• Deliver written work in English;  
• Deliver written work that is of publishable quality and adopt a consistent footnote/endnote citation and reference style (e.g. MLA, AP) or that of the United Nations Editorial Manual, available online: [http://dd.dgacm.org/editorialmanual/][6]; and
• Perform related duties as requested in the context of adaptive/flexible project implementation.

REQUIRED SKILLS AND EXPERIENCE

Education and Work Experience:

• Master’s degree or equivalent in Law, gender studies, International Development Studies or another relevant field.  PhD is preferred.
• At least 10 years of relevant experience on gender, justice and international development;
• At least 5 years of experience leading research-based gender, rule of law or justice projects;
• Demonstrated expertise and experience on gender and customary and informal justice systems or in situations of legal pluralism. Relevant publications in this area is a plus;
• Demonstrated knowledge of good practices examples and entry points for engagement on the subject of women and customary justice systems; 
• In-depth knowledge of research methods and skills to conduct high-quality research, especially qualitative case studies;
• Experience working with/advising multilateral and/or civil society organization in developing countries.

 Language Requirements: 

• Excellent knowledge of English and high-quality drafting skills in English are required. Knowledge of an additional language, especially French or Spanish, is preferred.

TERMS

The Services will be performed Home-Based with travel required, over a period of 9 months from May 15, 2019 to January 31, 2020. Total remuneration for the assignment will be 21,000 Euros based on delivery of key deliverables. The consultancy fee is exclusive of travel that IDLO may require from the consultant, which will be covered additionally by IDLO.

DISCLAIMER