Consultant – Gender Analysis of the Re-Statement of the Western Bahr EL Ghazal Customary Laws Act, 2025

Job Description

Location: Remote.
Duration: 10 days
Expected start date: As soon as possible 

1.0. INTRODUCTION

The Re-Statement of Bhar El-Ghazal Customary Law was signed by the Governor in April 2025. The Act is drafted in accordance with the provisions of Article 167 of the Transitional Constitution of South Sudan (TCSS), 2011 (as amended), Power N0. 30 and 42 in Schedule ‘B’ and the provisions of Article 136 of Western Bahr al Ghazal State Transitional Constitution (WBGSTC), 2011, all which authorize Western Bahar al Ghazal to regulate the traditional authorities, customary laws and the courts and authorizes the State’s legislative Assembly to enact State laws. 

The law applies in case of conflict between provision of customary law codes provided under the Act and State or national statutory law; the law applicable in absence of appropriate customary rules; penalty, damages or any other customary compensation; and the court. 

2.0. BACKGROUND OF THE ASSIGNMENT

South Sudan is heavily influenced by patriarchal norms, with family-related matters largely governed by customary law. This system often overlooks the rights of women and children, perpetuating harmful practices such as early and forced marriages, domestic violence, and denial of inheritance rights. While a Family Bill was drafted in 2022 under the Transitional Constitution, it remains unsigned by the President, leaving customary frameworks dominant. 

In 2025, a new customary law was passed in Western Bhar El-Ghaza. Although its adoption limits immediate opportunities for change, further engagement on it impacts without a gender-informed critique risks reinforcing existing inequalities and overlooking the distinct ways in which the law will affect women and girls, men, and gender-diverse individuals. SIHA recognizes that a rigorous gender analysis is essential to highlight the law’s impact and to identify entry points for advocacy and reform. 

This assignment is therefore central to SIHA’s feminist advocacy, providing the evidence base to strengthen its campaigns and engagement with communities, stakeholders, and decision-makers in South Sudan. 

3.0. OBJECTIVE OF THE CONSULTANCY

As part of its ongoing advocacy and knowledge production efforts, SIHA seeks to engage a Gender Analysis Consultant to conduct a comprehensive analysis of the customary law recently passed at the state level in South Sudan. The analysis will be used to inform the dissemination of the law, while also equipping SIHA with evidence for future advocacy aimed at reforming discriminatory provisions. 

The primary objective of this consultancy are: 

• Assess the law’s implications for women, men, and marginalized groups.
• Identify provisions that reinforce discrimination and inequality.
• Compare the law against the draft Family Act, the Transitional Constitution, and international human rights standards.
• Identify provisions of the customary law that contradict national legislation, and, where such provisions are detrimental to women, indicate the specific national legal provisions that should prevail as the alternative framework for protecting women’s rights.
• Provide actionable recommendations to inform SIHA’s dissemination strategies and advocacy for legal reforms.

4.0. SCOPE OF THE CONSULTANCY

The consultant will be expected to: 

1. Review and Analyse Legal Texts
   • Conduct a comprehensive review of the passed customary law.
   • Compare its provisions with relevant national, regional, and international legal frameworks on gender equality like Maputo Protocol, CEDAW.
2. Assess Gender Implications
   • Evaluate the potential social, economic, and political impacts of the law on women and girls.
   • Highlight the intersectional impact on marginalized groups such as women with disabilities, minority groups, and those in rural communities.
3. Develop Practical Recommendations
   • Identify specific provisions that require reform or reinterpretation.
   • Provide evidence-based recommendations to inform SIHA’s dissemination strategies and feminist advocacy campaigns.

5.0. DELIVERABLES

The consultant will produce the following: 

• Inception Note outlining methodology and work plan.
• Draft Gender Analysis Report with key findings and initial recommendations.
• Final Gender Analysis Report (15–20 pages) including actionable recommendations for advocacy and dissemination.
• Presentation of Findings to SIHA staff.

6.0. TIMEFRAME

The consultancy is expected to take 10 working days within the period 22nd September – 1st October 2025 

7.0. PROFILE OF CONSULTANT AND QUALIFICATION

The ideal consultant should possess the following: 

• Advanced degree in Gender Studies, Law, Human Rights, or related field.
• Proven expertise in gender analysis, legal and policy review.
• Strong knowledge of South Sudan’s socio-legal and cultural context, including customary law.
• Demonstrated understanding of feminist advocacy and rights-based approaches.
• Excellent research, analytical, and report-writing skills.
• Fluency in English is required.

Personal Attributes: 

• Strong commitment to SIHA’s feminist values.
• Ability to deliver high-quality outputs within tight timelines.
• Sensitivity to working in diverse cultural and political contexts.

How to Apply

Interested consultants are invited to submit: 

• A narrative proposal outlining their approach and methodology for the analysis.
• A financial proposal and total consultancy cost.
• An updated CV highlighting relevant experience.

PROCEDURE FOR SUBMISSION OF EXPRESSION OF INTEREST 

SIHA Network requests Interested Candidates to provide their current CV and expression of Interest to SIHA through the link: https://airtable.com/appJvKRIL80w0OyXU/shrXiB3NdtwF5MKZg not later than September 15, 2025, 11:59pm (EAT) 

Applications will be reviewed on a rolling basis. Due to the expected volume of applications, only shortlisted applicants will be contacted. If you don’t hear from us within 15 working days from the advertisement closing date, please know that your application was not considered.