Term of reference Assessment on the challenges of legal provision and implementation gap of Federal and Amhara region family law

Introduction

The Ethiopian Women Lawyers Association (EWLA) is a non-profit women’s advocacy group founded by Ethiopian women lawyers. It began its work in 1996 after being registered in 1995. It was re-registered as a charitable organization by the Charities and Societies Agency in 2010 as per the Charities and Societies Proclamation. Its vision is to see a country where women are equal to men. It also has the mission of promoting the economic, political, social, and legal rights of women and, to that end, assisting them to secure full protection of their rights under the Constitution of the Federal Democratic Republic of Ethiopia and other international human rights conventions. Since its establishment, EWLA has been working to achieve this vision and mission. EWLA has eight branch offices in Adama (Oromia Regional State), Bahir Dar (Amhara Regional State), Hawassa (SNNPRS), Asossa (Benishangul Gumuz Regional State), Gambella (Gambella Regional State), Dire Dawa City Administration, Jigjiga (Somali Regional State) and Semera (Afar Regional State). The Association has 54 volunteer committees that work at the zonal and woreda levels. The core program areas of EWLA include: Free Legal Aid Service, Public Education and Capacity Building, Research and Advocacy.

Under the legal service program, EWLA provides free legal aid services for gender-based violence (GBV) survivors and needy women who cannot afford legal fees. The legal aid services include legal counseling, court representation, writing pleadings to courts and letters on administrative issues to government organs, assisting clients to follow up their cases with government, police, and public prosecutor’s offices (for criminal cases), mediation and reconciliation, and referral linkages. Under the public education and capacity building program, EWLA provides different kinds of awareness creation training, seminars and workshops on women’s rights and Gender Based Violence (GBV) for law enforcement organs, people at the grass root level, including students and workers of different organizations, and stakeholders. Under the Research and Advocacy program, EWLA undertakes research projects that are often used as a basis for advocacy, legal reform, and related programs. This greatly helps to identify the root causes of gender discrimination, which in turn can dictate prevention efforts.

Therefore, as part of its vision and mission, EWLA is a grantee of the strategic initiative for women in the Horn of Africa (SIHA) and is implementing a five-year grant called “WE CANNOT WAIT” towards an inclusive and diverse women’s movement in the Greater Horn of Africa. The “We Cannot Wait: (hereinafter WCW) project represents an entirely consortium of organizations that are explicitly focused on women’s empowerment throughout the Greater Horn of Africa (GHoA). The consortium works in the following countries: Somalia, Uganda, Sudan, South Sudan, and Ethiopia. EWLA implemented this grant in the Addis Ababa, Adama, Assosa, Bahir Dar, Gambella, Diredawa, Afar and Somalia regions.

Objective

• To identify the challenging legal provisions of the Federal family law and Amhara region family and examine the gap and the effect of implementation of laws.
• Based on the assessment to conduct the advocacy activities for the amendment of laws and accessible, equitable family law system.

Specific objective

• To provide evidence for advocacy work that focuses on the protection of victims of family violence, including children, in the family law and practice by showing the legislation and implementation gaps in the area.
• To Protect victims of family violence, including children, in the family law system
• To recognize the benefits of a proper implementation of a family law that actively supports the safety and well-being of children and provides opportunities for their best interests.
• To address barriers to the use of family parental conflict and litigation can adversely impact the well-being of children.  Ensure this making the family law and its implementation more accessible and equitable for separating families.
• To identify the legal and implementation gap between the federal and Amhara regional family law regarding women’s and children’s rights and propose proper solutions for the problems.

Expected Results

• The consultant expected to work on the Federal and Amhara region family law constraints of legal provisions affecting women and children’s rights.

Tasks and deliverables

• Inception report: the consultant shall prepare and submit the inception report/work plan outlining the methodological framework detailed work plan, and assessment tools to EWLA.
• First draft Prepare the design of the assessment of the working of legislation relating to family law; the working of legal aid in relation to family law; and any other matters relating to family law and a desk review of relevant documents and synthesize key findings. Identify legal and regulatory constraints to implementation and Recommend potential solutions to the identified gaps. And submit to EWLA, for comments.
• Produce specific challenges that need a strategy; the law needs to be revised through advocacy work.
• Submit the Final draft based on the comments and Incorporate relevant comments and recommendations from EWLA.
• Produce the final document, in English and Amharic language and submit it to EWLA, Develop a presentation for a validation workshop.

Scope of the study

• The assessment is limited to two regions federal and Amhara region family law.

Time Frame

• Two month and half is allocated for the completion of the assessment from the time of signing of the contract.
• The consultant should complete and submit to EWLA the design of the assessment and the desk review data collection instruments within three days after the signing of the contract. The consultant is obliged to submit progress report to EWLA  30 days
• The consultant shall submit a first draft copy of the assessment within 45 days to EWLA
• The consultant shall submit the final copy of the Assessment on the maximum of Two month and fifteen days.

Essential and desirable experiences/qualifications

• The applicant must have:
• A requisite academic qualification, or a minimum of MA/LLM in Law, policy, or. Family  Law/ other equivalent fields
• At least 5 years of experience in the areas provided.
• Previously proven work experience with a similar assignment and thematic areas is essential.
• Strong analytical skills, policy analysis, understanding of the contemporary context of the family law in Ethiopia and positive engagement skills.
• Demonstrated ability in analytical writing skills.
• Expert in designing, assessments, and research.
• Fluency in English and Amharic, (both written and oral)
• Company Legal Requirements: Interested applicants should submit:
• Valid Certificate of Consultancy Service or valid law and consultancy service license
• Valid Trading License/valid law and consultancy service license
• Valid Tax Registration Certificate (indicating TIN and VAT/TOT Number)
• Full and accurate physical, postal, telephone, and email addresses