Research Consultant for thematic report on harmful practices for the African Committee of Experts on the Rights and Welfare of the Child

Remote
Contracted
Experienced
  TERMS OF REFERENCE FOR THE THEMATIC REPORT ON HARMFUL PRACTICES OF THE AFRICAN COMMITTEE OF EXPERTS ON THE RIGHTS AND WELFARE OF THE CHILD

BACKGROUND
 
  1. Article 1 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) defines harmful practices as behaviours, attitudes and/or practices that negatively impact the fundamental rights of women and girls, including their rights to life, health, dignity, education, and physical integrity. These harmful practices can include, however, are not limited to, ‘female genital mutilation [FGM], child and/or forced marriage…virginity testing and related practices…branding/ infliction of tribal marks, corporal punishment’, and force-feeding. While there are many harmful practices in Africa, child marriage and FGM have high prevalence rates. The overlap between these practices and other harmful practices is informed by gender discrimination and underscores the significant impact on the dignity and integrity of children, in addition to being blatant rights violations.
  2. The African Charter on the Rights and Welfare of the Child (the Charter) acknowledges the realities of the African context with regard to harmful practices against children. Article 21(1) obliges State      Parties to take all appropriate measures to eliminate harmful social and cultural practices affecting the child's welfare, dignity, and normal development. Article 21(2) mandates the prohibition of child marriage and the betrothal of girls and boys, requiring legislation to set the minimum age of marriage at 18 years and the compulsory registration of all marriages in an official registry. The African Committee of Experts on the Rights and Welfare of the Child (ACERWC) noted the necessity of a child rights-based response to ending harmful practices and established a Special Rapporteur (SR) on Child Marriage and Other Harmful Practices. The mandate of the SR includes leading the development of ACERWC documents on child marriage and other harmful practices, raising awareness through various activities, and collaborating with stakeholders to end harmful practices.
 
  1. Recognising the issue of child marriage, the ACERWC and the African Commission on Human and Peoples' Rights (ACHPR) developed a Joint General Comment (GC) on Ending Child Marriage in 2017 to provide guidance to StateParties on enhancing and enforcing the right to be free from child marriage. In 2013 and 2022, the themes of the Day of the African Child focused on eliminating harmful practices affecting children. The 2013 theme emphasised collective responsibility, and the 2022 theme reviewed progress on policies and practices since 2013. The ACERWC and ACHPR collaborated again to develop a Joint GC on FGM in 2023, providing specific and contextualised guidance to prevent and eliminate the harmful practice Additionally, during the 42nd Ordinary Session, the ACERWC prioritised four thematic areas for the next two years, with FGM being one of the focus areas.
 
  1. The African Union (AU) has also actively worked to eliminate harmful practices in Africa. Notable efforts include the AU Initiative on Eliminating FGM (Saleema initiative), which advocates for robust legislation, domestic financial resource allocation, and community engagement to combat FGM and is guided by its Plan of Action and accountability framework. The AU Campaign to End Child Marriage, launched in 2014, initially targeted ten high-burden countries and was later extended to cover 30 high-prevalence countries until 2018. A new campaign strategy was adopted for 2019-2023, focusing on expanding efforts to include North African countries. Additionally, in 2019, the AU adopted the Ten-Year Action Plan on the Eradication of Child Labour, Forced Labour, Human Trafficking, and Modern Slavery (2020-2030) to achieve the objectives of Agenda 2063 and eliminate all forms of child labour in Africa.
 
  1. While there have been positive developments, challenges remain in eliminating harmful practices. Aspiration 7 of Agenda 2040 aims to protect every child against violence, exploitation, neglect, and abuse. However, the assessment of the first phase of implementation of Agenda 2040 revealed that States have not been as successful, as anticipated, in harmonising customary laws and practices with the Charter. Therefore, in light of the above, mapping specific cases of harmful practices and their effects and the progress and challenges can serve to inform advocacy action and in this way  strengthen      efforts to end harmful practices  and promote collaborative action by all stakeholders involved. Against this background, the ACERWC wishes to recruit a consultant to develop a thematic report on harmful practices, with special focus on FGM and child marriage, that fulfils this purpose      

OBJECTIVE
 
  1. The primary objective of the Thematic Report is to provide comprehensive and representative information on the current status of harmful practices affecting children in Africa and the challenges to ending them. The findings will support the ACERWC in fulfilling its mandate to protect and promote children's rights, raise awareness about the impact of harmful practices, and offer a framework for monitoring and evaluating the progress of initiatives aimed at eliminating harmful practices. Equality Now is supporting the ACERWC in the preparation of this report.
 
  1. The specific objectives are:
  • Identify and assess the existing legal and policy frameworks related to harmful practices and if they are aligned with the Charter and Maputo Protocol;
  • Establish and document positive experiences and good practices among State Parties and other stakeholders in addressing harmful practices affecting children;
  • Identify and analyse gaps and emerging challenges in the current efforts to eliminate harmful practices;
  • Examine how continental mechanisms and initiatives are responding to the issues of harmful practices;
  • Provide actionable recommendations for enhancing the effectiveness of efforts to eliminate harmful practices and improving the protection and promotion of children's rights across Africa;
  • Identify and map the role of stakeholders, including Member States, Regional Economic Communities, National Human Rights Institutions, civil society organisations, and international partners, in addressing harmful practices;
  • Cooperate and engage in dialogue with key stakeholders to foster a unified approach towards ending harmful practices.

METHODOLOGY, REPORTING LINE AND DELIVERABLES
 
  1. 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 data collection will involve a review of State Party Reports submitted to ACERWC, Concluding Observations and Recommendations issued by ACERWC, reports from AU Campaigns on Ending Child Marriage, the Saleema Initiative, and other relevant sources.
 
  1. The consultant will report to the ACERWC Special Rapporteur on Child Marriage and Other Harmful Practices in Africa through the Secretariat.
 
  1. A total of 30 payable working days are allocated for completing the Thematic Report, with the schedule to be agreed upon by the Consultant, the ACERWC, and Equality Now. The budget available for this consultancy is a total of USD 12,750 at a daily rate of USD 425 for 30 working days.
  2. The main deliverables of the Thematic Report are as follows:
  • A initial draft to be submitted by 6 December 2024;
  • Draft to be updated based on comments and feedback from the ACERWC Secretariat and Equality Now by 28th February 2025
  • A presentation of the first draft at the 45h Ordinary Session of the ACERWC scheduled for March/April 2025;
  • A final draft to be submitted by May 2025, incorporating all comments and feedback received during the validation process.

QUALIFICATION AND EXPERIENCE
 
  1. The consultant who will be recruited for this task must have the following qualifications and experience:
  • Advanced university degree in law, human rights, and children’s rights;
  • A minimum of 8-10 years of experience working directly on children’s rights, preferably with the African human rights mechanisms;
  • Demonstrable knowledge and experience on children’s rights and child protection issues within the African context;
  • Demonstrable knowledge and understanding of the Charter and the mandate and functions of the ACERWC;
  • Excellent writing and analytical skills (both qualitative and quantitative methods);
  • Proficiency in one of the African Union working languages and knowledge of an additional working languages is desirable.
 
  

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