Engagement of Resource Person to Develop Protocol Manual for Handling Sexual and GBV Cases for Judiciary of Zanzibar

THE REVOLUTIONARY GOVERNMENT OF ZANZIBAR

THE JUDICIARY OF ZANZIBAR

REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES – INDIVIDUAL SELECTION)

Contract Reference No: TZ-JOZ-458305-CS-INDV

Issue Date: 14 November, 2024

The Government of United Republic of Tanzania represented by Revolutionary Government of Zanzibar under the Judicial of Zanzibar has received a credit from the International Development Association (IDA) in the amount of US$ 30 million towards the cost of Zanzibar Judicial Modernization Project (Zi – JUMP), and intends to apply part of the credit proceeds for payment under the contract for procurement of engagement of resource person to develop protocol manual for handling sexual and gbv cases for judiciary of zanzibar and provide training on handling sexual and gbv cases, under the zanzibar judiciary modernization project (zi-jump).

Some specific tasks to be performed will include but not be limited to the following:

• Task I: Develop Protocol Manual for Handling Sexual and GBV cases

• Task II: Training Trainers within JoZ on Handling Sexual and GBV cases and Providing GBV Survivor-centric assistance

The Judicial of Zanzibar now invites eligible individuals (“Consultants”) to indicate their interest in providing the Services. Interested Consultants must provide information indicating that they are qualified to perform the services (CV’s, description of similar assignments and experience in similar conditions).

Selection will be based on qualifications and experience stipulated below:

• Advanced Degree in Law, Human rights, Gender studies, Social Work, Public Administration, Strategic Development, or a related field;

• At least 5 years of experience in the issue of gender development and knowledge of GBV cases will be an added advantage;

• Demonstrated experience in developing policies and protocols related to handling sexual and GBV cases or similar sensitive issues;

• Familiarity with best practices and guidelines for addressing sexual harassment, abuse, or misconduct;

• Possess prior experience and appropriate/adequate methodologies/tools for facilitating community consultation on GBV, ensuring that the focus extends beyond individual cases. This approach aims to prevent harm and avoid the implementation of ineffective practices;

• Proven experience in conducting training programs on GBV;

• Good understanding of Zanzibar's social context;

• Fluency in written and spoken English and Swahili;

• Strong understanding of legal frameworks and best practices related to GBV; and

• Sensitivity to cultural and contextual issues related to GBV.

The attention of interested individual Consultants is drawn to Section VII, paragraphs, 7.36, 7.37, 7.38 and 7.39 of the World Bank’s “Procurement Regulations for IPF Borrowers” dated Fifth Edition September 2023, setting forth the World Bank’s policy on conflict of interest. Please refer to paragraph 3.14 of the Procurement Regulations on conflict of interest related to this assignment which is available on the Bank’s website at http://projectsbeta.worldbank.org/en/projects-operations/products-and-services/brief/

An Individual Consultant will be selected in accordance with the Individual Consultant Selection (ICS) method set out in the Procurement Regulations.

Further information and the detailed Terms of Reference (ToR) for the assignment can be obtained electronically at the email [email protected], from Mondays to Fridays, from 07:30 am to 03:30 pm East Africa time or through website www.judiciaryzanzibar.go.tz .

Expression of Interest; clearly marked engagement of resource person to develop

protocol manual for handling sexual and gbv cases for judiciary of zanzibar and

provide training on handling sexual and gbv cases, under the zanzibar judiciary

modernization project (Zi-JUMP) must be delivered in a written form to the

address below (in hard copy and softy copy through flash disk) on or before 10:00

a.m. Local Time, on Wedneday, 27th November,2024.

Bids will be publicly opened in the presence of the bidder’s designated

representatives and any who choose to attend at the address below at 10:30 am of

Wedneday, 27th November,2024 at Second Floor Room No. 208. Only One (1)

shortlisted candidate will be contacted.

Attn: Secretay of Tender Board

Judicial of Zanzibar

P.O.BOX: 160

TEL: 024-2230182

FAX: 024-2232720

214 Tunguu Road

First Floor Room No. 109

70491 South Unguja

Zanzibar, Tanzania

Email address: [email protected]

[email protected]

Website: www.judiciaryzanzibar.go.tz

THE JUDICIARY OF ZANZIBAR

TERMS OF REFERENCE (TOR)

ENGAGEMENT OF RESOURCE PERSON TO DEVELOP PROTOCOL MANUAL FOR HANDLING SEXUAL AND GBV CASES FOR JUDICIARY OF ZANZIBAR AND PROVIDE TRAINING ON HANDLING SEXUAL AND GBV CASES, UNDER THE ZANZIBAR JUDICIARY MODERNIZATION PROJECT (Zi-JUMP).

• INTRODUCTION

• The Judiciary of Zanzibar (JoZ) plays a pivotal role in upholding justice, ensuring the rule of law, and protecting the rights of all citizens within Zanzibar. As part of its ongoing efforts to modernize and improve its services, JoZ has embarked on the Zanzibar Judiciary Modernization Project (Zi-JUMP) with support from the World Bank. This project aims to enhance the accessibility, efficiency, and transparency of the judiciary system through technological and procedural advancement.

• The objectives of Zi-JUMP can be attained through strengthening access to justice by expanding court services through the construction of five smart courts, enhancing alternative dispute resolution (ADR) mechanisms, and developing a gender justice strategy. In addition to gender strategy, a protocol Manual for handling Sexual and GBV cases will be developed and training in handling Sexual and GBV cases (survivor-centered assistance) will be provided. Also, the project focuses on improving court efficiency by enhancing staff knowledge, streamlining court procedures, automating case management processes, and institutionalizing a staff performance management system. Furthermore, Zi-JUMP seeks to bolster citizen and stakeholder engagement by fostering inter-institutional collaboration, raising citizen awareness of judicial services, and improving citizen feedback mechanisms. Ultimately, the project intends to create a more accessible, efficient, and transparent judicial system in Zanzibar, benefiting both direct court users and the broader community.

• BACKGROUND TO THE ASSIGNMENT

• The JoZ has identified significant gender inequality, inadequate gender sensitivity, and inadequate access to justice for women and other vulnerable groups in Zanzibar’s judicial system. Women, children, people with disabilities, and survivors of GBV often face barriers, such as gender-biased social norms, inadequate rights awareness, insensitivity from judicial staff, and inefficiency in handling sexual harassment and GBV cases. These issues threaten the fairness, equality, and legitimacy of judicial processes, hindering access to justice for marginalized groups

• In response to the pervasive nature of GBV, the established legal framework addressing GBV in Zanzibar is multifaceted, involving several key policies and laws aimed at promoting gender equality and protecting women and children from violence. Key instruments include:

• Legal Enactment and Amendment:

• Zanzibar Penal Act[1] is the primary legal framework for addressing gender-based violence (GBV). This legislation explicitly criminalizes acts such as rape; the indecent assault of girls, women, and boys; and the sexual exploitation of children.[2]. It also addresses illicit sexual intercourse, the defilement of individuals with disabilities, and the detention of women, girls, and boys in exploitive circumstances, such as brothels.[3]. Furthermore, the Penal Act condemns unnatural intercourse, sexual harassment, incest, and cruelty inflicted on children and individuals with disabilities, particularly in cases where neglect of care is evident.[4]. The law stipulates severe penalties for offenders, including life imprisonment in aggravated cases.[5], underscoring the state’s commitment to ensuring justice for victims. The Penal Act addresses physical violence that might occur amongst intimate partners, but there are no specific provisions on domestic violence and there are no prohibitions against marital rape and domestic violence.

• The Cybercrime Act[6] addresses child pornography and extends its provisions to include adults[7]. It establishes severe penalties for individuals who publish or facilitate access to pornography through computer systems, aiming to protect vulnerable populations from the harmful effects of such illegal content. Similarly, the Zanzibar Children’s Act (2011) includes specific provisions designed to safeguard children from violence, abuse, neglect, and exploitation, ensuring the protection of their rights and welfare[8]. This legislation mandates the reporting of child abuse cases to the appropriate authorities, guaranteeing that affected children receive the necessary protection and care[9]. Furthermore, the Employment Act[10] explicitly prohibits discrimination in the workplace based on various factors, including race, gender, color, religion, social origin or status, age, place of origin, national extraction, political opinion, marital status, pregnancy, disability, or HIV/AIDS status[11]. It also encompasses a ban on sexual harassment in employment settings[12], reinforcing a commitment to equity and safety in the workplace. The Zanzibar Anti-trafficking Act of 2006 combats human trafficking but with a special focus on children and women given their vulnerability to sexual exploitation, and criminalizes trafficking and outlines penalties for offenders.

• On the other hand, the Criminal Procedure Act,[13] the foundational legal framework governing all criminal proceedings also plays a crucia