TERMS OF REFERENCE (TOR) – CONSULTANT Assessment of Gaps and Challenges in the FGM Policy and Women’s Access to justice

TERMS OF REFERENCE (TOR) – CONSULTANT

Assessment of Gaps and Challenges in the FGM Policy and Women’s Access to justice

1. Background

The Somaliland Women Lawyers Association (SWLA) is a professional legal association dedicated to promoting the rule of law and human rights principles through increasing knowledge and strengthening the skills of its members, providing legal aid, conducting human rights education, and advocating for responsive public policies and laws that contribute to an inclusive society where women and other vulnerable groups can access justice and exercise their rights. SWLA’s goal is to serve women who are underserved and underrepresented within the Somaliland justice system. SWLA envisions a Somaliland where women have meaningful access to justice and receive quality legal assistance before competent and responsive justice institutions.

2. Purpose of the Consultancy

The purpose of consultancy is to provide SWLA with an evidence-based assessment of gaps and challenges against implementation of FGM policy and legal aid act. The assessment will examine why FGM policy is not fully implemented or enforced, why FGM act is not passed by Parliament and the progress of legal aid act and women access to justice. The assessment will identify the legal, institutional, political, social, economic, and operational barriers against implementation of the above laws and policies.

3. Specific Objectives of consultancy

·         Assess the current status of implementation and enforcement of the FGM Policy, including the key gaps and challenges affecting its effective implementation.

·         Examine the status of the proposed FGM Act, including the progress made and the reasons for delays or failure to pass the Act by Parliament.

·         Assess the barriers women face in accessing justice, examine the different justice pathways available for women, and identify their benefits and challenges, including formal courts, traditional or customary justice, and sharia courts.

·         Assess the progress of the Legal Aid Act and policy, including its status and the key challenges affecting its development, enactment, and implementation.

4. Scope of consultancy 

The primary target area of assessment is Somaliland. The primary data and evidence will be collected mainly in Hargeisa. If additional information is needed, the consultant may conduct consultations or collect information from other regions of Somaliland. In terms of legal and policy scope, the assessment will focus on the FGM Policy and legal aid policies, as well as a detailed review of the proposed FGM Act and Legal Aid Act. The assessment will examine their current status, implementation or progress, key gaps, and the main challenges affecting their development, enactment, and implementation.

5. Target Beneficiaries

The target beneficiaries of the assessment are women and girls who face difficulties in accessing justice and legal aid services, including survivors of and women at risk of gender-based violence and FGM. It will also include women from vulnerable and underserved communities, women living in IDP and host communities, women with disabilities, and other women who face additional barriers to accessing justice and legal services.

6. The study is expecting to generate the following evidence:

The consultant will report evidence on the current level of implementation of the FGM Policy, legal aid policy, and act.  The roles and responsibilities of relevant institutions including stakeholders, and the level of coordination among them. It will provide evidence on the availability of resources and implementation mechanisms, existing monitoring, and accountability mechanisms. The assessment will also document the main barriers to effective implementation, gaps between policy commitments and actual practice, and the actions required from responsible institutions to improve implementation of these policies and acts.

7. Key Deliverables and Duration

Deliverable 

Timeline 

Methodology, workplan and stakeholder mapping 

Week 1 

Legal and policy mapping/gap-analysis matrix and stakeholder consultation tools 

Week 1  

Stakeholder interviews/consultations and analysis of implementation challenges 

Week 2–4 

Draft study report with findings, gaps, challenges and recommendations 

Week 5 

Final report incorporating SWLA feedback, executive summary and prioritized way-forward/action plan 

Week 5 

8. Methodology

The consultant is expected to use a qualitative, interviews of key informants, desk review of relevant FGM and legal aid policy, laws, reports, studies, and other relevant documents, Key informant interviews may be conducted with relevant government institutions and stakeholders, including the Ministry of Employment, Social Affairs and Family, Ministry of Justice, Ministry of Health Development, Ministry of Religious Affairs and Endowment, Ministry of Education, Office of the Attorney General, Somaliland Human Rights Commission, Police, legal aid providers, lawyers, women's rights organizations, civil society organizations, health facilities ,traditional elders, and other relevant Interviews will continue until data saturation is reached, meaning that no new relevant information or important issues are emerging from the interviews.

Qualifications and Experience

The consultant should have a master's degree or higher in Law, Human Rights, Gender Studies, Public Policy, Development Studies or a related field, with a legal background considered an advantage. The consultant should have at least seven years of relevant experience in legal research, gender equality, women’s rights, human rights, policy analysis or access to justice; demonstrated experience in legal/policy gap assessments; strong knowledge of Somaliland’s legal and institutional context; experience conducting qualitative research and stakeholder consultations; and excellent analytical and report-writing skills.

10. Duration, Location and Supervision

The consultancy will be for one month (30 calendar days and 7 days of reporting), based in Hargeisa, Somaliland. The consultant will report to the SWLA Project Manager. The consultant will provide weekly updates on the progress of the assignment and submit all deliverables to the Program Manager for review and feedback. The final report will be submitted to SWLA after incorporating the comments and feedback provided by the organization.

Application and Selection

Interested consultants should submit: 

·         Updated CV and cover letter with copy of his/her certificates and recommendation;

·         Technical proposal explaining of the assignment, methodology, and approach;

·         One-month workplan showing the main activities and expected timeline;

·         Financial proposal showing the consultant's proposed professional fee and other relevant costs, if applicable;

·         Samples of relevant previous work, where available; and

·         At least Two professional references.