Research Consultant: POLICY BRIEF ON DOMESTICATION OF SADC MODEL LAW ON ERADICATING CHILD MARRIAGE

TERMS OF REFERENCE FOR THE POLICY BRIEF ON DOMESTICATION OF SADC MODEL LAW ON ERADICATING CHILD MARRIAGE AND PROTECTING CHILDREN ALREADY IN MARRIAGE: ADDRESSING EMERGING ISSUES RELATING TO CHILD MARRIAGES IN SOUTHERN AFRICA.

1. BACKGROUND

Equality Now, in partnership with the Southern African Development Community Parliamentary Forum (SADC PF), is working to promote the domestication, implementation, and monitoring of the SADC Model Law on Eradicating Child Marriage and protecting children already in marriage (SADC Model Law on Child Marriage). Child Marriage remains an urgent human rights issue in the Southern Africa Region. The current rate of progress towards ending child marriage in the region disturbingly continues to be slow. Accelerated action on legal and education interventions are key to ending child marriage and protecting girls from sexual and gender-based violence and other effects of these harmful practices now, not 200 years later (which is when the latest research from UNICEF shows that child marriage will end in the region based on current progress). While notable progress and positive developments have been made, challenges remain in eliminating child marriage drivers of child marriage, including poverty and climate change.

The SADC PF was established in 1997 in accordance with Article 9(2) of the SADC Treaty as an autonomous institution of the SADC. It is a regional inter-parliamentary body composed of fifteen parliaments representing over 3500 parliamentarians in the SADC region.

Founded in 1992, Equality Now works to protect and promote the rights of all women and girls around the world. Equality Now has been working on preventing child marriage since 1995, calling on governments to enact and enforce laws that prohibit child marriage, as well as advocating for a minimum marriage age of 18, with no exceptions. 

In 2023, Equality Now, UNFPA, and the SADC PF published a series of four policy briefs highlighting gaps and opportunities in the national legal frameworks on child marriage in SADC member countries, challenges in domesticating the SADC Model Law on Child Marriage, challenges in implementation of national laws as well as an analysis of a multi-sectoral approach towards implementation of laws on child marriage. Such policy briefs, which aim to guide policymakers and stakeholders working to end child marriage in Southern Africa, are key to contributing to accelerated legal reform action and, in this way, strengthen protection mechanisms efforts to end child marriage and promote collaborative action by all stakeholders involved. Against this background, Equality Now and SADC PF wishes to recruit a consultant to develop a 15-20 page policy brief that addresses emerging issues that perpetuate child marriage and affect survivors in the Southern African region, with a special focus on (i) poverty, climate change, mass migrations and the volatile economy as emerging factors perpetuating child marriage as well (ii) access to protection and redress measures for survivors of child marriage, including divorce, child custody, property rights etc.

 Lessons will be drawn from various SADC member states countries, including Zambia, Zimbabwe, Tanzania, and Malawi, both in highlighting gaps that need to be addressed as well as drawing out proven strategies to foster the domestication and implementation of SADC Model Law in the selected countries as well as at the regional intergovernmental level. The policy brief will be used as the basis for advocacy work at regional and national levels.

2. The policy brief will address the following issues:

2.1) An analysis of regional trends on (i) poverty accentuated by climate devastations causing parents to send their children away earlier, (ii) hyperinflation and the volatile economy, which are making parents dependent on dowries and other marriage-related payments to survive, and (iii) mass migrations (from climate issues, conflicts, and other causes) which destabilise families, thus inciting parents to marry their children;

2.2) An analysis of child marriage legislation across all the sixteen SADC member countries with specific regard to access to protection and redressal measures for survivors of child marriage in line with the provisions of the SADC Model Law on Child Marriage, including access to annulment/divorce, property rights to marital property, and custody of children born out of child marriage.

2.3) Providing concrete recommendations targeted at governments to address these emerging issues and improve domestication and implementation of key provisions of the SADC Model Law on the protection of survivors of child marriage, including, for example, the need for robust laws and state budgets, which cater for economic vagaries of most vulnerable, deterring them from child marriages, school dropouts, etc.

3. Scope of Assignment

Under the supervision and overall guidance of the Secretariat of the SADC PF and the End Harmful Practices team at Equality Now, the Consultant will undertake the following activities:

3.1. Develop and submit to Equality Now and SADC PF a concise inception report and plan that includes proposed methodology, layout, and division of topics for the policy brief.

3.2. Research on regional trends relating to the emerging factors perpetuating child marriage highlighted above, as well as analysis of the legislative frameworks addressing protection mechanisms for survivors of child marriage in the SADC region.

3.3. Develop a draft policy brief.

3.4. Finalise the policy brief based on feedback from Equality Now and SADC PF.

4. Deliverables and Timeline

The key deliverables of the consultancy are:

i)Inception Report.

ii) Draft policy brief.

iii)Final policy brief, with feedback integrated from Equality Now and SADC PF.

We expect the policy brief to be fully completed within a period of two months from the date of signing the contract with the selected Consultant.

6. Qualifications and Experience

The consultant who will be recruited for this task must have the following qualifications and experience:

➢ Advanced university degree in law, human rights, and/or women’s rights;

➢ A minimum of 5 years of experience working directly on women’s rights, preferably in the SADC region;

➢ Demonstrable knowledge and experience on child marriage issues in the SADC region and of the SADC Model Law on Child Marriage.

➢ Excellent writing and analytical skills;

➢ Proficiency in English and knowledge of French and/or Portuguese is desirable.

7. Methodology, Reporting Line, and Deliverables

The consultancy is a home-based assignment with the potential for consultative meetings. The methodology that will be employed will encompass gathering both qualitative and quantitative data from primary and secondary sources.  

The consultant will report to the SADC PF Secretary General and work closely with Equality Now staff in delivering the policy brief.

A total of 10 payable working days are allocated for completing the policy brief, with the schedule to be agreed upon by the Consultant, the SADC PF, and Equality Now. The budget available for this consultancy is a total of USD 3000 at a daily rate of USD 300 per day; including withholding tax payable at the rate of 20% to the Kenya Revenue Authority.

Please fill in all required fields in the application form. If your application requires a written statement, writing example, or presentation, please attach it to the same document with your CV/resume or paste it into the same place where you write your cover letter. There is no other functionality to attach additional documents.

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