Title: Consultant
Title:To conduct a comparative study of ADR models in resolving Domestic Violence cases in the Muslim communities: A case study of Omoro and other two muslim faith communities outside Omoro.
Section:Gender and Women Empowerment, Under Programmes Department
Organisation: Muslim Centre for Justice and Law
Duty Station: MCJL Head Offices.
INTRODUCTION:
Muslim Centre for Justice and Law (MCJL) envisions, “A Ugandan society that upholds universal faith-based principles in ensuring equitable access to justice, human rights and observance of the law”.
MCJL’s mission is to facilitate observance of human rights, justice, peace, and good governance through promotion of public interest, civil liberties, and obligations under the law.
MCJL intends to conduct a study in line with outcome II of the results frame-work, on ADR models in resolving Domestic Violence cases in the Muslim communities. The study will be comparative in nature targeting Omoro and the old project area. It is envisaged that this study will contribute towards analyzing gender power imbalance within the Muslim community, with emphasis on how the different Alternative Dispute Resolution (ADR) models are used by sheiks in due course of handling family related conflicts in preventing domestic violence.
BACKGROUND OF THE ASSIGNMENT:
Based on previous implementation experience, the Muslim Family law has been noted to have conflict with statutory law, and particularly discriminatory on the grounds of sex and religion. It has been observed that Qadhi court adjudicators divide estates of the deceased persons without letters of administration or probate, at times women do not acquire registrable proprietary interests in property such as land. They only have access to user rights over the land but cannot own the same. Children born out of wedlock, adopted children, children who have converted from Islam even as adults, among others cannot inherit. Other practices include marrying off girls as soon as they hit puberty and not when they become adults at 18. In relation to divorce, the man can divorce the woman without giving any grounds while the woman must give grounds for divorce. Further still, if the woman initiates divorce proceedings, she is not entitled to anything and must return the gift that she received upon marriage (Mahr.).
It is against this background that there is need to conduct an analysis to assess and document best practices and challenges of using ADR models to solve Gender based violence cases. The study will be conducted in Omoro District which is the current GBV project area but other two Muslim faith communities will be identified to provide wider scope of the study. The study will highlight the challenges in using ADR as well as what can be done to strengthen the process as these courts are presently the most accessible and acceptable for the women experiencing violence.
JUSTIFICATION OF THE ASSIGNMENT:
The study will bring out a comparative analysis of ADR models in resolving Domestic Violence cases in the Muslim communities: A case study of Omoro and other Muslim faith communities outside Omoro. It will be utilized by the wider Muslim community in Uganda to address issues of how to prevent gender based violence adopting the best practices of ADR Models on how they resolve domestic violence while providing safety of Muslim women.
The study will assist to provide procedure on Muslim family law while adjudicating upon the cases. The study will reveal their jurisdiction, their weak and strong collaborations with the formal justice system.
OVERALL OBJECTIVE OF THE ASSIGNMENT:
The overall objective of the consultancy is to provide a comparative analysis of ADR models in resolving Domestic Violence cases in the Muslim communities: A case study of Omoro and other two other muslim faith communities.
SPECIFIC OBJECTIVES OF THE ASSIGNMENT
Specifically, the research is intended to:-
- To establish best practices of ADR Models and how they resolve gender power imbalances and provide for safety of Muslim women.
- To strengthen the participation of National Muslim Leaders by amplifying the concerns of the Muslim communities into the advocacy processes in resolving DV cases.
SCOPE OF WORK
In consideration of the background and objectives of the assignment, it requires an experienced consultant who will be required to carry out a study in Omoro and other two muslim faith communities to influence practice change and policy reforms. The consultant will be required to undertake the following:-
- Prepare and share an inception report and work-plan on how to proceed with the assignment.
- Review relevant documents within Uganda’s perspective and operating frame-work to respond effectively to matters arising out of Muslim Family Law cases.
- Consult with adjudicators from Islamic Justice Centres, courts of adjudicature and selected key stakeholders needed to inform the study.
- Conduct relevant visits, interviews and other necessary/relevant engagements with selected stakeholders.
- Make recommendations for practical actions that will guide local and national service delivery frame-works in the Muslim Justice system to promote peaceful and harmonious families.
- Present the Research report at National stakeholder meetings for validation.
- Submit both the final research report to MCJL in hard and soft copy format.
THE PROCESS OF EXECUTING THE ASSIGNMENT
The process will be guided by the following considerations:-
- The Women Empowerment Advocacy Strategy, Women Empowerment Approach and Safe-Guarding guidelines must be consistent in context with the assignment.
- The coverage and methodology must be practical and user friendly to reflect national character of how ADR is conducted.
- The content should be coherent, simple and easy to understand.
- Sources of reference should be clearly indicated.
EXPECTED OUTPUTS AND DELIVERABLES
- The consultant shall clearly present an inception report which should map out key stakeholders and area of coverage, in a close working relationship with MCJL staff. Among the key considerations must be the Qadhi’s Courts Adjudicators and users from the various Muslim sects and any other key centres of Justice like LC I & III while delivering Justice within local and national service delivery frame-works in the Muslim Justice System.
- Presentation of the draft Study Report at a validation stakeholders’ meeting.
- Submit the final report which should incorporate comments made during the stakeholders meeting and in excellent English, proof-read and ready for publication.
MANAGEMENT OF THE ASSIGNMENT
The consultant will work under the direct supervision of the Vice President/Head of programmes at MCJL Head offices, who will also perform the evaluation of the assignment by the contracted consultant. MCJL will regularly communicate with the consultant and provide support to him/her when required.
REQUIRED QUALIFICATIONS AND WORKING EXPERIENCE
The consultant should meet the following minimum selection criteria:
- A Masters degree in Gender and Women Studies or any other relevant postgraduate qualifications.
- Previous work experience and in- depth knowledge of Muslim Personal Law.
- Excellent communication and report writing skills.
- A clear understanding of Gender and Muslim family matters.
- At least 5 years of relevant professional working experience in research including extensive knowledge and experience.
- Good analytical, documentation and facilitation skills.
SUBMISSION FOR THE ASSIGNMENT:
The interested candidate for this contract must submit a written (computer typed) application, a technical and financial proposal; Letter of interest; proposed methodology; A work plan; and a CV outlining the relevant experience that qualifies the candidate to undertake such assignment including contact details and signed by the candidate.
SELECTION OF THE CONSULTANT:
The Quality and Cost Based Selection method (QCBS) will be used in selecting the most suitable consultant for the assignment.
RECOURSE:
MCJL reserves the right to withhold all or a portion of payment if performance is unsatisfactory, if work/outputs is incomplete, not delivered or for failure to meet deadlines. Performance indicators against which the satisfactory conclusion of this contract will be assessed include: timeliness/quality of submission and responsiveness to MCJL and counterpart feedback.
INTELECTUAL PROPERTY RIGHT:
MCJL shall own all property rights, such as copyright, patents and registered trademarks, on matter directly related to, or derived from, the work carried out through this contract with MCJL.
EXPRESSION OF INTEREST:
All interested applicants must submit their Expression of Interest / applications to:
The President, MCJL Head Office Basiima House, Plot No. 401/2 Ku Saatu Bwaise opposite Fulex Petrol Station. Bombo Road.
Or Email; info@mcjl.ug and Copy to: muslimjustice@yahoo.com
Deadline: Wednesday, 21st November 2018 by 05:00pm.
The deadline for submission of Expression of Interest is 21st November 2018 at 5:00PM.
MCJL is committed to diversity and inclusion within its workforce, and encourages qualified female and male candidates from all national, religious and ethnic backgrounds, including persons living with disabilities, to apply for this assignment.
Please note that only short-listed candidates will be contacted. The submitted applications will be evaluated in terms of the quality of complete coverage of all aspects of the terms of reference, timeliness in relation to research, analysis and production of a draft report as well as compliance with qualifications as provided for herein.
Disclaimer: The terms of reference herein above are not conclusive but simply an indication of some of MCJL’s expectations. More detailed discussions as regards our comprehensive expectations from this assignment shall be held with the successful consultant.