Advancing Rights in Southern Africa (ARISA)
THEMATIC AREA: WOMEN’S CUSTOMARY LAND RIGHTS
TERMS OF REFERENCE
Theme: Women’s Customary Land Rights
Location: SADC Region
Contract Type: Consultant
Contract Period: 3 months
Expected Start Date: 1 September 2020
Reporting to: Senior Program Officer: Advancing Human Rights in Southern Africa (ARISA) Program
Advancing Rights in Southern Africa (ARISA) is a 5-year USAID funded human rights program that seeks to improve the recognition, awareness, and enforcement of human rights in the region, including protection of the region’s most vulnerable and marginalized groups. The program is led by Freedom House, the American Bar Association Rule of Law Initiative (ABAROLI), Internews and PACT.
The ARISA Program focuses on the following thematic issues which have been identified as crucial for the promotion of human rights in Southern Africa:
- Women’s customary land rights;
- Rights of indigenous populations;
- Media freedom and digital rights; and
- The rights of human rights defenders.
ARISA is seeking to undertake a comparative study of Customary Land Laws and practices and their implementation in the SADC region as they relate to women’s land ownership, access and control. Whilst the research is regional in nature, it will specifically focus on the ARISA programme countries, namely; Angola, Botswana, eSwatini, Lesotho, Madagascar, Mozambique, Namibia and South Africa.
The study will focus on:
- Tenure rights and systems
- Land administration at customary law and in practice
- Access to land
- Ownership, access and control rights
- Inheritance rights
- Sharing of property at divorce
- Impact of large scale agricultural and mining investments by Multinational Corporations, governments and individual investors on women’s customary land rights
- Impediments to women’s land ownership, access and control in SADC
- Dissonance between constitutional undertakings and customary laws and practices
- Best practices on Women’s land ownership, access and control rights.
This information will enable the consultant to develop a model regional approach to customary law on land rights, with a focus on customary land tenure and administration.
To achieve the above, the ARISA Program is seeking the services of a consultant to:
- Undertake a desktop comparative study of customary land laws and practices in the Southern Africa region;
- Develop from a women’s rights perspective a model regional law on customary land tenure and administration in Southern Africa.
OUTPUTS AND EXPECTED DELIVERABLES
- Inception report detailing the consultant’s understanding of the assignment and the methodology to be employed to accomplish the task;
- Draft Comparative Study of Land Laws and Practices as they relate to Women’s Land ownership, access and control in the Southern African Development (SADC) region with key recommendations on best practices on women’s land ownership, access and control rights;
- Draft a model law detailing a regional approach to customary law on land rights in SADC, with a focus on customary land tenure and administration
- Final Comparative Study of Land Laws and Practices as they relate to Women’s Land ownership, access and control in the Southern African Development (SADC) region; and
- Final model law detailing a regional approach to customary law on land tenure and administration in Southern Africa.
Qualifications and Experience
- An advanced degree in law, gender studies or developmental studies;
- Demonstrated experience in legal and/or policy analysis in Southern Africa or in any other countries in the region;
- Thematic expertise in the area of women’s customary land rights in Southern Africa;
- Experience in research, legal and policy drafting will be an added advantage.
How to apply
If you meet the requirements for this position, please submit your application to: Narrandes@FreedomHouse.org by no later than the 21 August 2020.
Your application must include the following documents
- A cover letter explaining how your qualifications, experience, skills and competencies match the requirements of the assignment; and
- A detailed curriculum vitae including the details of three (3) contactable references. At least one of the referees must be a current or previous employer/supervisor.
- A detailed budget for the assignment.