Access to Justice Consultant, Sudan At American Bar Association

ncreasing Access to Justice and Holistic Services for Survivors

Of Gender-based Violence in Sudan

Study on Access to Justice for Women Survivors of GBV in Sudan

1. Introduction and context

Gender based violence is a harmful and life-threatening vice, it is a health, protection and human rights issue that violates international human rights law and principles of gender equality.

Since the revolution in 2019, the Sudanese Transitional Government has made positive efforts to address GBV, including the steps taken towards the ratification of CEDAW and UNSCR 1325. Violence against women and girls and gender-based violence however remains largely unaddressed at the national and local levels. Sudan still suffers from lack of adequate human resources with experience and skills to handle GBV cases which affects survivors’ access to available services in a safe and confidential manner. Access to formal justice institutions by survivors of violence is still a challenge for several reasons, moreover, the institutions responsible for prevention and response to GBV are still operating within a predominant patriarchal system and pursuant to discriminative legal frameworks, and lack the required capacity and specialized approach to handle GBV cases. This has led to a number of legal cases being unsuccessful due to the legislation and rules of evidence applied to GBV cases and/or due to cases being dropped by the victims under a hostile social environment that does not encourage women speaking out and demanding justice for violations against them.

The few existing GBV service providers are too poorly networked and resourced to meet survivors’ essential legal, psychosocial, economic, and medical service needs. Community members lack an essential, basic understanding of GBV. This is exacerbated by the absence of gender equality legislation to comprehensively address violence against women which is prevalent in Sudanese society.

On the other hand, women and girls face a series of social, cultural barriers to pursuing justice for GBV and lack agency, information and knowledge to access justice in the communities where they reside. This leaves victims even more vulnerable to repeated and unchecked abuse.

1. The program

The Women and Girls Empowered (WAGE) consortium is implementing a program addressing gender-based violence (GBV) in Sudan. The program is implemented by American Bar Association Rule of Law Initiative (ABA ROLI) and Search for Common Ground. The program will work with Sudanese civil society and justice sector actors to increase access to justice and holistic services for GBV survivors. The objectives of the program are to empower women led/women serving CSOs and women leaders with knowledge and skills to lead community driven initiatives to mitigate drivers of VE and prevent and respond to GBV; To enhance GBV service providers’ capacity and collective accessibility to survivors in need of legal, psychological, medical, economic and reintegration services; and to enhance the capacity of the Sudanese justice system to investigate, prosecute, and adjudicate GBV cases in a survivor-centered manner.

1. The Study

A comprehensive evidence-based study will be conducted to identify legal and non-legal barriers to survivors pursuing justice for GBV crimes, as well as potential or existing good practices or opportunities that can be built on in our programming. The study will deepen the program implementers’ knowledge about the gaps in protection along the justice chain, reviewing the legislative policy and regulatory frameworks which impact the protection of women survivors of GBV. The study will also identify non-legal, socio-cultural factors that create a harmful environment for women, making them susceptible to discrimination and violence. The findings from the study will guide program interventions and assist ABA ROLI partners in identifying protection gaps to be addressed through collaborative approaches and/or through advocacy for greater institutional and legislative reform.

Objectives and Outcomes of the Study

The overall objective of this study is to identify the legal and non-legal barriers to, and opportunities for women survivors pursuing justice for GBV crimes in Sudan. It should be practical in nature, examining barriers and opportunities at multiple levels of analysis and inform the crafting of interventions and activities to address those barriers and leverage the opportunities.

It is anticipated that the study will:

• Deepen partners understanding of the gaps in protection along the justice chain and the barriers women survivors of GBV face in accessing the formal justice system
• Provide program partners with concrete ideas for innovative, effective and impactful programing within the predominant national context
• Review the legislative, policy and regulatory frameworks which impact the protection of women survivors of GBV, including opportunities and challenges
• Examine the non-legal (social/cultural) factors that create a harmful environment for women and make them more susceptible to discrimination and violence in society
• Explore community-based practices and opportunities for survivor support in the absence of formal services provision
• Provide concrete recommendations on institutional and law reforms

Methodology

The study will use both primary and secondary data. It will be conducted through desk-research methods including a literature review, conduct key informant interviews and collect information using individual questionnaires/survey tools and focus group discussions. The consultant will develop survey tools and interview guides, conduct data analysis and compilation and report drafting and submission. Innovative approaches will be utilized to ensure adherence to COVID-19 protocols. Project partners will work with the consultant to identify respondents and targets. The methodology will be informed by current existing approaches (which will be shared with the consultant) utilized by the WAGE program to enhance continuity.

1. Scope of work

The program seeks to engage a consultant to conduct the study. The consultant should have knowledge and experience with holistic approaches to GBV response and prevention. The consultant has experience working in Sudan.

The specific deliverables include the following: –

a. Prepare an inception report

b. Conduct a comprehensive evidence-based study of the barriers to access to justice for survivors of GBV crimes in Sudan and prepare a preliminary report

c. Present the assessment findings in a validation meeting with the program partners

d. Update the report and prepare a final version of the report

e. Advise on and assist with integrating the report into a cohesive product which includes at least two other reports produced by the initiative.

f. Participate in a round table organized by the program partners

g. Participate in a public report launch

1. Experience required

· Advanced degree in social sciences, gender, development studies or related discipline

· A minimum of ten years of experience working in GBV and/or justice programing and significant experience in GBV prevention and response

· Experience conducting similar justice sector assessments

· Proven experience and technical skills in monitoring and evaluation of GBV program/project implementation, research and analysis

· Strong familiarity of Sudanese social, cultural context and gender dynamics

· Ability to communicate in English and Arabic

· Excellent research, drafting, documentation, presentation and reporting skills

· Attention to detail and respect for tight deadlines