RESEARCH STUDY ON FEMALE GENITAL MUTILATION IN SOUTHERN AFRICA

TERMS OF REFERENCE FOR RESEARCH STUDY ON FEMALE GENITAL MUTILATION IN SOUTHERN AFRICA.1. BACKGROUNDFemale Genital Mutilation (FGM) is a human rights violation and has been prohibited under several international human rights conventions including the Convention on the Elimination of all forms of Discrimination against Women, the Convention on the Rights of the Child, the AU Convention on Ending Violence Against Women and Girls, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the African Charter on Human and Peoples’ Rights, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) and African Charter on the Rights and Welfare of the Child (ACRWC). The SADC Model Law on Gender-Based Violence defines harmful practices, including FGM, as a form of gender-based violence. Article 17 requires States to (i) put in place policies and special measures to ensure that women and children are not subjected to harmful practices; (ii) ensure that the community, especially families, are educated on the effects and consequences of the use of harmful practices; and (iii) declare the performance of harmful practices as a criminal offence.The Southern African Development Community Parliamentary Forum (SADC PF) a regional inter-parliamentary body being an institution of the Southern African Development Community (SADC), in partnership with Equality Now, a legal advocacy human rights organisation working to protect and promote the rights of women and girls, are working together to promote the domestication, implementation, and monitoring of the SADC Model Law on Ending GBV (SADC Model Law on GBV). During the SADC PF 55th Plenary Assembly Session, the Human and Social Development and Special Programmes (HSDSP) Committee presented a comprehensive report highlighting the persistent, though often underreported, prevalence of FGM within specific communities and cross-border corridors in the SADC region. The Assembly adopted the committee's recommendations, emphasizing an urgent need for empirical, regional research to map the current landscape of FGM, evaluate legislative gaps, and devise enforceable, localized strategies to eliminate the practice. To operationalize these recommendations, SADC PF, Equality Now, and UNFPA are recruiting a consultant to conduct the research. The research report will be used as the basis for advocacy work at the regional and national levels.2. OBJECTIVES OF THE ASSIGNMENTThe primary objective of this joint research is to assess the scope, underlying drivers, and legal frameworks surrounding FGM within the SADC region. By providing comprehensive, representative, and evidence-based data on the current status of FGM in Southern Africa, this study aims to formulate definitive, context-specific policy and strategic recommendations to strengthen SADC initiatives and align with the Human and Social Development and Special Programmes (HSDSP) Committee’s directives toward eliminating FGM.SPECIFIC OBJECTIVES: To achieve the primary objective, the research will focus on the following specific objectives:Map the current status of FGM in Southern Africa by identifying geographic hotspots, cross-border trends and practices, and specific affected communities within the SADC region. The focus countries will be Tanzania, DRC, Zambia, Zimbabwe, Malawi and South Africa, though additional countries may be included if required after initial desk research.To identify and analyze emerging and prevailing trends of FGM in Southern Africa, with particular focus on medicalization, FGM among migrant and cross-border communities, initiation ceremonies, and other evolving practices.Identify and analyze existing national laws, regional instruments, and international commitments against FGM across SADC member states to highlight gaps in protection mechanisms, enforcement, compliance, and harmonization.Document progress made towards ending FGM, and scalable best practices implemented by SADC member states and diverse stakeholders, in line with existing literature on efforts that work to prevent FGM, including the extent to which existing laws have protected individuals, if at all.Develop proposals for SADC member states’ consideration to strengthen law and policies on FGM aligned with the SADC Model Law on GBV and integrating FGM elimination into national gender-based violence (GBV) strategies.Identify and evaluate the current and potential roles of key stakeholders, including parliamentarians, National Human Rights Institutions (NHRIs), civil society organizations (CSOs), and international partners, in coordinating anti-FGM efforts in Southern Africa.Identify and evaluate the impact of FGM on the long-term SRHR behaviour and socio-economic integration of women in the African society.3. SCOPE OF THE ASSIGNMENTUnder the supervision and overall guidance of the Secretariat of the SADC PF and the End GBV team at Equality Now, the Cons