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Call for consultant: Researcher required for a study on perceptions of gender-based violence in Tunisia

DIGNITY is looking for a skilled consultant researcher to conduct a study on how gender-based violence (GBV) is perceived in Tunisia, and the extent to which it is seen as a violation of human rights. The study will specifically examine the obstacles that arise in implementing State obligations to prevent, protect, penalize, and mitigate gender-based violence through the application of Organic Law No. 58 of 2017. The study will also examine the extent to which political will and social norms and mentalities hinder implementation of Law No. 58.

About DIGNITY 

DIGNITY is an independent nongovernmental anti-torture organization founded in 1982 in Denmark. DIGNITY is present in more than 20 partner countries with almost forty years of experience in the rehabilitation of torture and organized violence survivors, in the prevention of torture and in the prevention of urban violence. 

In January 2012, DIGNITY opened an office in Tunisia to coordinate an extensive support program for Tunisian stakeholders (Ministry of Justice and Civil Society) through cooperation partnerships around torture prevention, the rehabilitation of survivors as well as urban violence prevention. 

DIGNITY is working towards establishing a world without torture where no one is subject to torture or other forms of inhumane and degrading treatment and, where torture practices no longer continue to affect survivors and their families. 

Assignment:

 Research and analysis of the factors contributing to the lack of effective implementation of Law No. 58, as well as analysis of the nexus between GBV and torture in the Tunisian context, specifically as regards the degree of recognition amongst key actors that GBV can constitute torture, the relevance of this interpretation of GBV crimes for the Tunisian context, and the possible benefits/drawbacks of using such an interpretation in the fight against GBV in Tunisia. 

Background:

  There has been growing attention (among the UN and civil society) to the applicability of the UN Convention Against Torture (CAT) to the unique experiences of women and girls as well as lesbian, gay, bisexual, transgender and intersex (LGBTI) persons. Increasingly, the anti-torture movement has acknowledged gender-based violence (GBV), and notably domestic violence, as falling within the scope of the definition of torture. Such cases trigger the positive obligations of States, notably where the State knew or should have known that these crimes were perpetrated, even where the perpetrators are non-State actors, and did nothing to prevent or combat them. Moreover, signatories to the CAT have positive obligations to redress these violations whenever there are reasonable grounds to believe that such acts have been committed. The increasing international recognition and acknowledgement that GBV and domestic violence (non-State violence) fall under the definition of torture and ill-treatment, and consequently, trigger the same State obligations regarding prevention and redress, is a significant development and one that has the potential to provide protection and reparation to a wide swath of victims of violence in Tunisia who until now have been largely unprotected by and invisible in the justice system.

In July 2017, the Tunisian legislature adopted Organic Law No. 58 on the elimination of violence against women. Largely inspired by international standards, notably those recommended by the Istanbul Convention, this comprehensive law includes the four pillars of the fight against violence: prevention, protection, penalization, and redress. This law served to broaden the definition of violence against women to include not only physical violence, but also moral, sexual, economic, and political violence both in the public and private spheres. This law is a historic achievement for women rights defenders. Indeed, its adoption crowns three decades of relentless struggle against gender-based violence in Tunisia. Notably, Tunisia is the first State in the Arab region to adopt an integral law towards the elimination of violence against women. Law No. 58 also defines violence as discrimination based on sex and as a violation of women’s human rights. It attributes the status of victim to women who have suffered violence, as well as any accompanying children. This definition broadly incorporates the elements of gender-based violence as advanced by the international human rights framework for protection of women’s rights. 

Despite its entry into force in February 2018, the implementation of Law No. 58 is still extremely challenged and ad hoc. This failure in many respects results from the failures by the Tunisian State actors, as well as absence of essential infrastructure and mechanisms to realize the obligations under the law.  

The human rights obligations vis-a-vis GBV were recognized by the former UN special rapporteur, Mr. Juan E. Méndez, Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment, in his 2016 report1 that gender-based violence is a crime that can elevate to torture as it triggers the positive responsibility of the state to prevent, protect and redress victims from violations of Human rights.

This consultation is framed in this context and planned to help Dignity and its partners better understand the reality and how seeing GBV through torture lenses might help guide the future interventions aiming to reinforce the state commitment and accountability in its response.

Objective

This study will serve to:

• Create an understanding of the degree to which GBV and the legal framework for prohibiting GBV in Tunisia are conceptualized as violations of human rights (triggering State responsibility). 
• Developing an understanding of the potential benefits/drawbacks of framing GBV as a human rights issue (and specifically a form of torture or ill-treatment) for the fight against GBV in Tunisia. 
• Map the various actors and interventions underway aimed at reinforcing implementation of the Law No. 58 in Tunisia, as well as the main challenges that stand in the way of their effective implementation. 
• Examine the current methodologies and practices used by the Tunisian key actors in their interventions to help influence the mentality and social norms to limit their impact in hindering the victim access to justice, and to services.

The study is intended to guide future DIGNITY strategies in relation to the development of interventions aimed at enhancing the GBV victims’ access to justice.  

Scope of work 

The study will include the following parts: 

1. An etat des lieux, including:
   1. A desk review of the various studies, assessments, and analyses regarding the current status of implementation of State obligations to prevent and redress GBV (including but not limited to implementation of Law No. 58). 
   2. Mapping of actors and interventions working with Tunisian state authorities on implementation of State obligations to prevent and redress GBV (including but not limited to implementation of Law No. 58) as well as actors and interventions aimed at changing social norms and mentalities regarding GBV.
   3. Mapping of best practices or comparative experiences involving the success of moving the GBV crime from the private space with no state responsibility to a crime triggering the state obligations to provide a clear pathway towards preventing, protecting, and redressing victims.
   4. Identification of key challenges, gaps, and opportunities with regard to recognizing the GBV as a Human Rights violation that can elevate to Torture or ill treatment, and recommendations for interventions aimed at addressing these gaps and challenges. 

The methodology will include: 

• Desk review. 
• Interviews with 10-15 key non-State actors working towards implementation of Law No. 58 (to be identified jointly with DIGNITY). 
• Interviews with 10-15 key State actors relevant for the implementation of Law No. 58 (to be identified jointly with DIGNITY). 

Interviews will be based on a semi-structured interview guide developed in collaboration between the consultant and DIGNITY. Interviewees will be guaranteed anonymity.

Minutes of all interviews will be prepared and analysed (with input to the analysis provided by DIGNITY). 

Qualifications and Experience

• M.A. or Ph.D. in Social Science, Political Science, Human Rights, Conflict studies or a related field. 
• Demonstrated experience in research and consultancy with NGOs in Tunisia 
• Demonstrated experience in gender, gender-based violence.
• Proven experience of research and analysis of police/security forces or other related themes in Tunisia. 

Key Skills

• Fluency (written and spoken) in French, Arabic and preferably English.  
• Demonstrated ability to conduct research in complex and conflictual environments and on highly politicized topics. 
• Demonstrated knowledge and skills in Microsoft Office Suite (other technical abilities an advantage). 
• Demonstrated analytical skills, particularly in stakeholder analysis. 
• Demonstrated ability to work in an international, multi-cultural and professional environment. 
• Demonstrated organizational skills and ability to achieve results in a timely manner and meet deadlines 
• Self-motivated, flexible, creative, and ability to work independently.