Term of Reference Assessment on the Challenges of Legal Provision and Implementation Gap of Federal, Amhara and Benishangul-Gumuz Region Family Law

Introduction

The Ethiopian Women Lawyers Association (EWLA) is a non-profit womens 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 so far established 55 volunteer committee centers across the country. Besides, it has established a hotline service (7711) which operates in 3 local languages: Amharic, Afan Oromo and Tigrigna. 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 prosecutors 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 womens 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 calledWE CANNOT WAIT towards an inclusive and diverse womens 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 womens 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 address the challenges in Federal family law, as well as the family laws specific to Benishangul-Gumuz and the Amhara region, and advocate for amendments to create a more accessible and equitable family law system.

Legal Analysis:

• Conduct a comprehensive legal analysis of the Federal family law, as well as the family laws specific to Benishangul-Gumuz and the Amhara region. Identify provisions that pose challenges or are outdated in each jurisdiction.

• Assess the practical implications and effects of these provisions on individuals and families within each jurisdiction.

Gap Identification:

• Identify the gaps between the existing legal frameworks and the needs of the society in each jurisdiction, particularly in terms of gender equality, child protection, and access to justice.
• Analyze how these gaps contribute to inequality, injustice, or inefficiency within the family law systems of each jurisdiction.

Impact Assessment:

• Evaluate the impact of the current legal provisions on vulnerable groups such as women, children, the elderly, and persons with disabilities in each jurisdiction.
• Document case studies or real-life examples illustrating the negative effects of problematic legal provisions in each jurisdiction.

Advocacy Strategy:

• Develop separate advocacy strategies for each jurisdiction, outlining the objectives, target audiences, and tactics for promoting legislative amendments. And develop policy briefs.

Specific objective

Legislative Analysis:

• Conduct a comprehensive review of existing federal, Benishangul-Gumuz, and Amhara regional family laws pertaining to the protection of victims of family violence, including women and children, lawyers.
• Identify specific provisions related to divorce, child custody, visitation rights, and protection orders.
• Evaluate the adequacy and effectiveness of these laws in safeguarding the rights and well-being of victims of family violence.

Implementation Assessment:

• Examine the actual implementation of family laws in practice, focusing on how effectively they address cases involving family violence.
• Identify any discrepancies between the legislative framework and its practical application, including issues such as lack of enforcement, insufficient resources, and procedural barriers.
• Gather data on the number of reported cases of family violence, outcomes of legal proceedings, and access to support services for victims.

Identifying Gaps and Barriers:

• Analyze the findings from legislative and implementation assessments to identify key gaps and barriers in the family law system.
• These may include inadequate provisions for protection orders, limited access to legal aid for victims, cultural or societal norms that discourage reporting of abuse, and biases within the judicial system.

Proposing Solutions:

• Develop targeted recommendations to address the identified gaps and barriers, drawing on best practices from other jurisdictions and international standards.
• Propose amendments to existing laws to strengthen protections for victims of family violence and ensure the best interests of children are prioritized in custody and related issues.

Expected Results

• To address the constraints of legal provisions affecting women and children's rights in the Federal, Benishangul-Gumuz, and Amhara region family laws, the consultant should undertake the following steps:

Comprehensive Legal Review:

• Conduct a detailed analysis of the existing family laws at the federal level and in the Benishangul-Gumuz and Amhara regions.
• Identify specific provisions that impact the rights of women and children within the family context, including marriage, divorce, inheritance, custody, and domestic violence.

Identification of Legal Constraints:

• Identify and document legal constraints within the family laws that pose challenges to the protection and promotion of women and children's rights.
• This may include discriminatory provisions, gaps in protection against domestic violence, limitations on access to divorce and custody rights, and inadequate provisions for child support and maintenance.

Comparison and Harmonization:

• Compare the family laws across the federal and regional levels to identify inconsistencies and discrepancies in the protection of women and children's rights.
• Highlight areas where harmonization or alignment of laws is necessary to ensure consistency and coherence in legal protections across jurisdictions.

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 reviewof 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 three regions federal, Benishangul-Gumuz 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

Excellent command of the English language, research, analytical and communication skills, both oral and written