CONSULTANCY TO ANALYSE THE GENDER RESPONSIVENESS OF THE ALTENATIVE JUSTICE SYSTEMS POLICY
Call for Submission of Interest
An Assessment of the Gender-Responsiveness of Alternative Justice Mechanisms in Kenya.
1. Introduction
The Kenya Land Alliance (KLA) was registered in 2000 as a Trust and in 2013 as a Non-Governmental Organization (NGO). It operates as an umbrella network of Civil Society Organizations (CSOs) and individuals committed to effectively advocating for reforms of policies and laws governing land, environment and natural resources in Kenya. Its current membership comprises 27 Non-Governmental Organizations, 31 Community Based Organizations and 52 individuals. KLA executes its mandate mainly through coalition building, advocacy and lobbying, information generation, documentation and dissemination, networking and capacity building.
Since its formation, KLA has advocated for reforms to help address the myriad of challenges facing the land sector. Its work has contributed to the adoption of the first ever National Land Policy in 2009 and a progressive chapter in the 2010 Constitution dealing with land and environmental matters. In addition, KLA has engaged in most land processes, task forces and discussions in the country.
2. Background
Kenyans from all walks of life have contributed to shaping the AJS Baseline Policy, including Councils of Elders, Civil Society Organizations and Court Users Committees, and are now expected to be instrumental in operationalizing it. A Justice Needs Survey conducted in 2017 suggested that up to 95 per cent of disputes in Kenya were resolved through informal and non-State-based means outside the confines of courts. These informal means include a myriad of dispute resolution processes of which AJS is just one.
According to the Chief Justice who recently launched the Alternative Justice Policy, the alternative systems achieve justice differently: they prevent injustice and reduce harm suffered by people by focusing on causes of injustice and on justice needs of entire communities and societies rather than individuals. He celebrated the policy saying it will help in offering dialogue on the transformative vision of the Constitution such as reversal of structures that lead to gender oppression, social injustice and stigma and cultural domination. It is also expected to address distributive and social injustice and other forms of oppression.
The Constitution of Kenya 2010 has anchored the principle further; it encourages communities to settle land disputes through recognized local community initiatives and requires the national land commission to encourage the application of traditional dispute resolution mechanisms in land conflicts. Council of elders and communities living on communal lands, and in other affected parts of Kenya, have sufficient constitutional and legal anchors around which to be part of alternative options of resolving land disputes.
On administration of justice, the constitution places great prominence on access to justice. Article 48 states that the “State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.” This provision can facilitate access to justice even for indigent women who are pursuing their rights. Article 22 (1) provides that” Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.” This provision makes access to justice affordable and accessible hence facilitating justice even for women who have suffered harm in the course of demanding for their rights. Article 22 (2) also provides that an interested 3rd party can institute proceedings on behalf of a person suffering some form of injustice. This provision enables 3rd parties to undertake public interest litigation towards advancing women’s rights.
In addition, the Constitution requires courts and tribunals to be guided by, among others, the principle of alternative dispute resolution where this includes reconciliation, mediation, arbitration and traditional dispute resolution mechanism. In line with these policy and constitutional principles, the Environment and Land Court Act, under which land disputes are determined, allows parties to a dispute to adopt any alternative methods of dispute resolution including reconciliation, mediation and also traditional mechanisms.
Persistent discriminatory cultural norms and practices are among the strongest barriers standing between women and their rights. Weak implementation of policies, insufficient capacity to enforce laws, and a lack of societal will further compound the problem. Thus, an empirical analysis of the practice on existing alternative justice frameworks from a gender perspective will contribute immensely towards the utilization of the frameworks with regard to women and other marginalized populations.
3. Purpose
The purpose of this assignment is to document a comprehensive analysis on the gender-responsiveness of Alternative Justice Mechanisms in Kenya
4. Planned Outcome
A policy brief and policy recommendations to accelerate the utilization of Alternative Justice System Policy Framework for the rights of women and girls.
5. Planned Output
The consultant will be expected to;
- Conduct a review on the existing alternative justice systems frameworks, its effectiveness, utilization, and challenges from a gender perspective.
- Harmonize the policy recommendations from the analysis and those made by the stakeholders in the Justice chain.
6. Key deliverables
The consultant will work closely with Kenya Land Alliance designated staff. All deliverables shall be submitted in English and virtually to the stakeholders. The consultant should submit following key deliverables,
- Inception report: Outlining details of activities with proposed methodology and timeline/ delivery dates,
- Draft analysis with recommendations for validation,
- A final policy brief with clear policy recommendations of not more than 7 pages.
7. Skills and Competencies
- The Kenya Land Alliance is looking for a consultant with the following competencies:
- At least a Master's Degree or equivalent in law, social sciences, gender studies or related discipline.
- At least 8 years’ experience in research, evaluations and assessments.
- Thorough understanding of gender equality issues and best practices related to addressing gender equality issues, especially those which pertain to women’s land rights.
- Knowledge and understanding of the national level institutional, legal and policy frameworks impacting the status of women’s rights to land and natural resources.
- Outstanding data collection, research and writing skills: ability to review, edit and synthesize reports, analyze data, articulate results and produce high quality reports.
- Strong communication and presentation skills.
- Ability to work both as part of a team and independently
Qualified Consultants are invited to submit a proposal that includes the following:
A brief description of the consultant’s recent experience on comparable assignments;
- Technical understanding or interpretation on the terms of reference;
- A description of services and work plan for performing the assignment, including budget;
- Recent CV of consultant/s.
Submission process:
Both Technical and Financial Proposals should be submitted in soft copy. All proposal documents shall be provided in English language. Individual consultants, consultancy firms, are requested to submit their technical and financial proposals by 7th February, 2022 to the email address: [email protected] and copy
[email protected] stating “AJS ASSESSMENT “Consultancy as the Title” in the email subject line.