Request For Proposals Are Invited For Baseline Study On Access To Justice In Mozambique 2015 2019

Request For Proposals Are Invited For Baseline Study On Access To Justice In Mozambique 2015 2019Deadline 12 Sep 19Posted 04 Sep 19Overview 1 BackgroundIn Mozambique Women And Girls Between 10 And 24 Years Old Are Regularly Subjected To Physical And Sexual Violence And Early Sexual Initiation Leading To High Levels Of Early Marriage Early Pregnancy And Hiv And Aids It Was In This Context That Mo ambique Joined The Spotlight Initiative A Global Program Resulting From A Partnership Between The European Union And The United Nations Which Aims At Contributing To The Achievement Of The Sustainable Development Goals Sdg Agenda 2030 Specifically Sdgs 5 And 16 In Mozambique The Program Was Launched On 8 March 2019 And Is Implemented In Collaboration With The Government Namely The Main Sectors Of Implementation Of The Multisectorial Mechanism Of Response To Gender Based Violence Namely The Ministry Of Gender Including Inas Ministry Of Health Ministry Of Justice Constitutional And Religious Affairs Including The Instituto Do Patroc nio E Assist ncia Jur dica Ipaj And The Cfjj And The Ministry Of Interior Other Sectors Involved Are The Ministry Of Economy And Finance Including The Ine Ministry Of Education And Human Development Minedh Ministry Of Science Technology And Higher Education Including Inep And Universities Ministry Of Culture Ministry Of Youth Ministry Of Communication And Transport Including Ics Tvm Rm Various Ngos Will Be Also Partnering To The Program Through The National Reference Group Of The Civil Society Other Relevant State Non Governmental Institutions Are The Parliament The Ombudsmans Office The Supreme Court The Attorney Generals Office The Supreme Council Of Magistrates Other Legal Entities Ipaj Lawyers Family And Juvenile Courts To Challenge The Phenomena Vawg Violence Against Women And Girls The The United Nations Un And The European Union Eu Have Embarked The Spotlight Initiative The Spotlight Initiative Is A Global A Joint Multi Year Program Which Aims At Eliminating All Forms Of Violence Against Women And Girls The Focus Of This Initiative Is To Contribute To A Country Where All Women And Girls Are Free From All Forms Of Gender Based Sexual Violence Sgbv And Harmful Practices So That They Can Enjoy Sexual And Reproductive Health And Rights The Main Focus Areas Of The Spotlight Initiative Are Preventing Gender Based Sexual Violence Preventing Premature Marriages Adolescents And Young Women 10 24 Sexual And Reproductive Health Rights Dssr Transformative Prevention And Integrated Response In Mozambique The Program Is Being Implemented At The Central Level And In Three Selected Provinces Namely Gaza Manica And Nampula Because For The Mozambican Program They Offer Opportunities To Involve Population At Greater Risk On A Significant Scale The Following Districts Were Identified By Province Nampula Angoche Mogovolas Moma And Nampula City Provincial Capital Manica Mossurize Border District Tambara And Chimoio Capital Of The Province With Focus On Gondola AndGaza Chongoene Chicualacuala Border District And Xai Xai Provincial Capital The Main Strategic Results Expected With The Implementation Of The Spotlight Initiative In Mozambique Is To Catalyze And Strengthen Multisectoral Responses To Put An End To One Of The Most Widespread Violations Of Human Rights In The World Specifically I Strengthening The Legislative Framework And Policies Ii Building Gender Sensitive State Institutions Iii Supporting Evidence Based Prevention Programs To Promote Gender Equitable Social Norms Attitudes And Behaviors Iv Ensuring Essential And Quality Services For Victims V Eliminating Gaps In Relation To The Lack Of Data Vi And Strengthening Womens Rights Groups And Civil Society Organizations Working For Change Consistency With Existing Programs Synergies And Complementarities With Existing And New Relevant Programs Will Be Developed To Implement This Initiative Especially To Avoid Duplication Of Activities And Transaction Costs For Implementing Partners 2 IntroductionAccess To Justice And Law Is A Basic Principle Of The Rule Of Law As Well As A Right Recognized Under The Main International And Regional Human Rights Instruments As A Guarantee Of The Effectiveness Of Individual And Collective Rights And The Rule Of Law The Government Of Mozambique Considers Access To Justice And Law A Fundamental Right Recognized By The Constitution Of The Republic Of Mozambique Crm And Is Committed To Protecting Access Justice And To Ensure Its Protection Through The Various Political And Regulatory Instruments Of The Sector Including The Governments Five Year Plan 2015 2019 Whose Strategic Objective Iv Aims To Ensure Closer And Fairer Justice For All Focusing On Effectiveness Of Fundamental Rights Duties And Freedoms Of Citizens Whose Materialization Prioritizes The Need To Ensure Greater Access Of Citizens To Justice And Law And To Promote Research Projects On Justice Matters And The Integrated Strategic Plan Of The Administration System Of Justice Notwithstanding Its Importance And Interventions By The Mozambican Government During The Last Quinquennium Access To Continuing Justice Is An Exclusive Right For Some And Not Comprehensive Some Of The Problems Of Access To Justice For The Mozambican Citizen Are Limited Citizens Access To Local Justice Services And Legal Aid And Legal Assistance Services There Is A Significant Gap Between The Demand For Justice And The Systems Ability To Meet This Demand On A National Scale This Is Mainly Linked To I The Poor Availability Of Human Resources Ii The Significant Geographical Distance Between The Courts And Large Portions Of The Population And The Predominant Use Of The Portuguese Language In The Courts Unknown To The Population Iii The Inadequacy Of The Legal Regime For Exemption From Court Fees Remains One Of The Main Factors Limiting Citizens Right To Access To Justice Weak Concrete And Indiscriminate Judicial Enforcement And Cross Cutting Issues There Is Weak Capacity Of Judges Prosecutors And Lawyers In The Interpretation And Application Of National And International Law And Human Rights Standards Which Have Important Cross Cutting Ramifications For The Criminal Justice System Mozambique And In The Sphere Of Individual And Social Rights Cross Cutting Areas Of The Sector Are The National Response To Domestic And Gender Based Violence And The Fight Against Hiv Aids The Dominance Of Law Enforcement And Jurisprudence In These Areas Still Weak And The Structural Problem Of Overcrowding In The Mozambican Prison System Mozambique Suffers A Structural Condition Of Overcrowding Of Prisons And As A Result Detention Conditions Barely Meet Minimum Human Rights Standards In Particular With Regard To Access To Water Food Medical Care And Sanitation With A High Coefficient Of The Prison Population Affected By Hiv Aids Within The Scope Of The Legal Reform Underway In The Country The Penal Code Law 35 2014 Which Establishes Among Other Institutes Alternative Penalties To Imprisonment Was Approved Nevertheless Its Implementation Has Been Slow On The Part Of The Judges These Challenges Together With The Exuberance Of The Procedural Volume For Each Magistrate Determine A Solid Stagnation Of Judicial Execution Moreover The Manifest Judicial Corruption Undermines All Reform Efforts And The Hope Of An Equitable Justice Limited Availability Of Quality Data On Access To Justice Especially Existing Justice Services For The Most Vulnerable Groups There Is A Lack Of Available Data From The Justice Sector On What Types Of Cases Are Reported By Whom And Subsequently Tried Which Aggravates Evidence Based Planning And Policy Making In Particular To Secure Responses In The Areas Of Interventions For Wome

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