|Date Posted||July 29, 2020|
|The signing of the Revitalized Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS) in 2018 and the formation of the Revitalized Transitional Government of National Unity (R-TGoNU) in February 2020, provides an opportunity to accelerate judicial reforms as part of the peace process. The government’s legislative agenda, which is central to such reforms will contribute towards enhanced protection of the most vulnerable groups of the community. While key milestones have been achieved in reforming laws, important challenges remain in strengthening the legislative framework in South Sudan.
Currently there is no family law in South Sudan. Family matters including marriage, divorce, inheritance, and custody of children after death or divorce of a spouse is regulated by customary law which is gender blind. Previous attempts by the Ministry of Gender, Child and Welfare and others by civil society to advocate for the formulation of a family law in South Sudan before the 2013 war has not yielded tangible results. Nor has there been a comprehensive review of the law despite the profound global changes that have occurred in the family law system and society. Recognizing the need for a comprehensive review of the national family law system to address the needs of modern society and improve its responses to children, women and families impacted by family violence and negligence, the government through the Ministry of Gender, Child and Social Welfare and CSOs initiated work on country-wide consultations to inform the development of a family law in South Sudan.
UNDP has been supporting the government on its legislative agenda for several years to ensure critical reforms to the legal and justice sector are in place. In this regard, it has supported the government on the review of key legislations that support the economy, justice and security reforms including the Banking Act, Petroleum Act, Police Act, Prison Act, SPLA Act, National Security Act and Wild Life Act.and the drafting of an anti-gender-based violence bill to protect women, girls and other vulnerable people against sexual and gender violence as well as its roll out and implementation aspects. As part of this support, UNDP is seeking the support of an international consultant to conduct a comprehensive review of the consultation reports against model Family Laws and good practice to inform its engagement with the Ministry of Gender, Child and Social Welfare, the Ministry of Justice and Constitutional Affairs and other partners on the development of the Family Law in South Sudan.
The objective of the consultancy is to compile a report consolidating the consultations carried out on the formation of a family law in South Sudan through a technically grounded process that includes an extensive review of model laws and good practice to inform UNDP’s engagement with the Ministry of Gender, Child and Social Welfare in the development of a family law.
Duties and Responsibilities
|Under the guidance of the Chief technical Advisor and Program Manager of the Access to Justice, Security and Human Rights Strengthening Program, UNDP, the consultant will lead the process of reviewing the existing consultation reports covering the consultations on the need for a Family Law and draft a consolidated report, which will review the current legal regime governing aspects related to families in South Sudan, areas that were raised during the consultations, identify gaps on substantive areas of the law needing further consultation and submit a report outlining recommendations in line with international norms, standards and best practices. The tasks to be undertaken by the consultant under the Terms of Reference include, but are not necessarily limited to, the following;
Based on the review of the consultation reports, relevant laws, policy recommendations and good practice on Family Law, draft a comprehensive report and recommend ways forward by proposing substantive areas to be further addressed and a roadmap for developing the new Family Law.
Expected Outputs and Deliverables:
The report shall be submitted as stipulated below and it will be submitted as a draft to UNDP for review upon the completion of the stakeholders workshop. The consultant shall revise the draft report after UNDP’s review and produce a final version. Once, the revised reports are accepted by UNDP, they will be termed as final reports by the consultancy.
The consultant will be responsible for the following key deliverables;
The following table shows an indication of the duration for the deliverables;
Deliverables/ Outputs Estimated Duration to Complete
Required Skills and Experience
A minimum of 10 years working in law reform and legislative drafting is required, including in a Law Review Commission or Legislature;
Excellent communication and reporting skills.