Terms
of Reference
Literature Review on Prohibition and Elimination of Physical / Corporal Punishment
and all other Forms of Cruel and Degrading Punishment in Ethiopia, Kenya, Sudan
and South Sudan, Rwanda, Tanzania and Uganda
Background
ANPPCAN is a pan-African child rights organization concerned with the status of
children in general, and, in particular, those in need of protection.
It was founded in 1986 in Enugu, Nigeria during the First African Conference on
Child Abuse and Neglect whose theme was Child Labour in Africa.
It is registered as an international NGO in Kenya and has its headquarters in
Nairobi, Kenya and also has observer status with the African Union (AU) and the
African Commission on Human and Peoples Rights based in Banjul, Gambia.
ANPPCAN seeks to engage the services of one consultant to conduct a literature
review on prohibition and elimination of physical/corporal punishment in seven
countries in the Eastern Africa region, namely Ethiopia, Kenya, Sudan, South
Sudan, Rwanda, Tanzania and Uganda.
Corporal punishment is one of the most persistent forms of violence against
children the world over.
The fact that it is lawful in schools, justice and care settings in many
countries – and in the home in most countries – underpins its continued use and
provides a false basis for the belief that it is somewhat morally “right” and
“justifiable”.
In the Eastern Africa region, Kenya and South Sudan recently enacted
legislation which achieves prohibition of all corporal punishment in all
settings. But political priorities and other circumstances in both countries
have hampered moving from prohibition towards elimination of all forms of
violent punishment of children.
In most countries in the Region some progress has been made towards prohibiting
corporal punishment and other cruel or degrading forms of punishment in care
institutions and schools.
However, Governments still need to enact laws to prohibit all physical
punishment in all settings and take other linked measures to move from
prohibition to elimination in favour of a total ban.
Mechanisms to report cases of physical abuse within child protection systems
and promote positive discipline as an alternative also need to be put in place
or strengthened.
The All Africa report, published jointly by the African Child Policy Forum, the
Global Initiative and Save the Children Sweden in 2010/11, identifies active
campaigns against corporal punishment in a growing number of states and also
immediate opportunities to achieve further law reform in states in all regions
of the continent.
Save the Children Sweden and the Global Initiative have collaborated with Plan
International and other partners in organising three technical workshops on
achieving law reform to ban all corporal punishment, in May 2009 in Nairobi for
East and Central Africa, in Beirut in June 2010 for the Middle East and North
Africa and in Ouagadougou, Burkina Faso for West Africa in December 2011.
Within the framework of diminishing Violence against Children and promoting
positive discipline within the Region, ANPPCAN Regional Office, Save the
Children and the Global Initiative to support governments in East and Central
Africa in prohibiting and eliminating physical punishment by hosting a five day
workshop aimed at national plans of action against this form of violence from
18th to 24th February 2012 in Zanzibar Tanzania.
This workshop will be used to prioritize implementation strategies for
countries that have already achieved a total ban and provide lobbying
techniques for the rest of the Region towards achieving the same.
Two days of the workshop will also be dedicated to positive discipline based on
a manual developed by Save the Children Sweden and the Save the Children
International Child Protection Initiative.
1. Scope of Work
To address the gaps and take stock of prohibition and elimination of
physical/corporal punishment and all other forms of cruel and degrading
punishment in the region, the consultant will:
- Conduct
a desk review and analysis of existing literature on policies and
programmes / strategies on prohibition of Physical and Humiliating
punishment, positive discipline and alternatives to physical punishment in
Ethiopia, Kenya, Sudan and South Sudan, Rwanda, Tanzania and Uganda.
- Identify
gaps and challenges of on-going initiatives to stop physical and
humiliating punishment in the region and recommendations for follow up.
- Highlight
successful campaigns especially from countries that have legally achieved
a total ban on corporal punishment (South Sudan and Kenya).
- Determine
political will and the potential support of governments and NGOs to
achieve a total ban on corporal punishment/PHP and supporting alternative
forms of discipline in the target countries.
- Prepare
a final report with conclusions and concrete recommendations on PHP and
Positive Child discipline methods.
- Present
the review report to the conference.
- Guide
the technical working group established to draft National Action Plans to
pursue prohibition of physical punishment in all settings and alternatives
to physical punishment in each participating state.
2.
Methodology
- The
consultant will carry out a desk review and analysis of existing
literature on policies and programmes/strategies on prohibition of
Physical and Humiliating punishment in Ethiopia, Kenya, Sudan and South
Sudan, Rwanda, Tanzania and Uganda. He/she will identify achievements
towards a total ban on corporal punishment, prioritize implementation
strategies for countries that have already legally achieved a total ban
and provide lobbying techniques for the rest of the Region towards
achieving a total ban.
- He/she
will work with a Technical working group from respective countries and the
process will be monitored by the working group and validated by key
stakeholders involved in child rights and child protection in the region.
3.
Time Frame
It is envisaged that the desk review will take 7 days including validation
meeting.
The first draft report of the findings of the study will be submitted to
ANPPCAN Regional by 5th March 2012. ANPPCAN together with the Technical Working
Group will give their comments within a week for the consultant to refine
his/her report.
The second draft of the report should be submitted by 14th March 2012 after
incorporating comments from the Technical Working Group ready for presentation
to the conference for Validation.
The consultant will use the comments from the Validation workshop that will be
conducted from 18th to 24 March 2012 to finalize the report and submit the
final report by 6th April, 2012.
4. Consultant Skills and Experience
- A
Masters Degree in Psychology, Social Sciences/Development Studies
- Significant
previous research on issues of children in Africa
- Experience
of working with teams to develop documents
Desirable
- Knowledge
of child protection policy framework and service provision
- Experience
of working with partners at International, Regional and National level
5.
Submission of Expressions of Interest
Please submit your expression of interest including full CV, letter of recommendation,
proposed fee per day and a brief outline of proposed methodology for the
consultancy to ANPPCAN at regional@anppcan.org, cc: cogutu@anppcan.org marked
‘Expression of Interest for PHP/Corporal Punishment by 1st March 2012