REVISED TOR – INDIVIDUAL LEGAL AND DATA CONSULTANT TO SUPPORT THE A STUDY ON GOVERNANCE AND DISASTER MANAGEMENT: A CASE OF COVID 19 PANDEMIC IN AFRICA
PROCUREMENT NUMBER: APRM/011B/SIDA/ GDML/2020: INDIVIDUAL LEGAL AND DATA CONSUTANT TO SUPPORT THE A STUDY ON GOVERNANCE AND DISASTER MANAGEMENT: A CASE OF COVID 19 PANDEMIC IN AFRICA
|Consultancy Assignment:||Legal Research Consultant|
|Directorate/Department:||African Peer Review Mechanism (APRM)|
|Reporting to:||HOD, Research, Development and Methodology|
|Duration of Assignment||26 days|
In December,2019, the Swedish International Development Agency approved the APRM-SIDA Project. The Project will help strengthen the APRM and contribute to the delivery of its mandate. It will support the implementation of the 2020-2023 Strategic Plan and reposition APRM as an instrument for monitoring AU Agenda 2063 and SDGs. Apart from addressing the immediate challenges faced by the Mechanism, the grant will help in the review and refinement of the APRM tools and processes , to ensure that the Mechanism remains relevant in a rapidly changing world and is also to take on board the expanded mandate and expectations of the member countries . In this regard, the project is expected to support the following key areas of the APRM (1) Deepening the APRM Review, (2) Strengthening Civil Society Participation (3) Strengthening Gender Participation (4) National Governance Reporting (6) Development of the Au Guidance Notes for State Owned Enterprise (SOEs) . These programmes are designed to shape the work of the Mechanism.
In the context of the implementation of the APRM-SIDA Project, the APRM intends procure an Individual Research Governance Consultant to Undertake a Study on Governance and Disaster Management: A Case of COVID 19 Pandemic in Africa
2)PURPOSE OF THE STUDY
The study seeks to provides content for the development and implementation of an African Union integrated framework on the governance response to disaster management, including governance of public health crises. Specifically, the study seeks to examine Africa’s governance response to the new coronavirus, SARS-CoV-2, (herein referred as COVID-19 or the pandemic) within the framework of disaster management. The study, essentially, undertakes this assessment building on the four areas mapped out in the Preliminary Study on Africa’s Governance Response to COVID-19; legal and institutional mechanisms; disease prevention and containment measures; social and humanitarian measures; and economic and fiscal measures. The study framework is thus derived from the United Nations Disaster Risk Reduction (UNDRR) framework, the World Health Organisation (WHO) international regulations for health on the health governance dimensions of Agenda 2063, UN SDGs, AGDEC and the APRM governance framework.
Disaster risk governance at the national, regional and global levels is of great importance for an effective and efficient management of disaster risk. Clear vision, plans, competence, guidance and coordination within and across sectors, as well as participation of relevant stakeholders, are needed. Strengthening disaster risk governance for prevention, mitigation, preparedness, response, recovery and rehabilitation is therefore necessary and fosters collaboration and partnership across mechanisms and institutions for the implementation of instruments relevant to disaster risk reduction and sustainable development.
The operational definition of governance employed in this paper was conceived by the Commission on Global Governance (1995), governance is the sum of the many ways individuals and institutions, public and private, manage their common affairs. It is a continuing process through which conflicting or diverse interests may be accommodated and cooperative action may be taken. It includes formal institutions and regimes empowered to enforce compliance, as well as informal arrangements that people and institutions either have agreed to or perceive to be in their interest.
3)BACKGROUND OF PROJECT
The comprehensive study follows a preliminary report on Africa’s governance response to COVID-19 whose purpose was to generate content that can be used to enrich the debate on the governance response to COVID-19 on the continent. The provides data that could contribute to evidence-based governance responses in African member states and facilitate sharing of tested approaches on the governance response to COVID-19.
The WHO declared COVID-19 a Public Health Emergency of International Concern on 30th January 2020 and a global pandemic on 12 March 2020. It was declared a pandemic because the virus has spread over several countries or continents and affected a large percent of the population. Although the actual parameter of ‘large population’ remains undefined, COVID 19 is already a pandemic in both geographical and demographic terms. It is important, however, to note that the WHO declaration of a pandemic did not necessarily have to indicate the severity of a disease, but only the degree to which it is spreading. Since the WHO declaration of a pandemic, COVID 19 has rapidly swept across the globe with impact of an unprecedented scale to 210 countries and territories around the world.
In response to the COVID-19 pandemic, the African Union, and the Africa Centre For Disease Control and Prevention have developed several guidelines which include; Recommendations for Stepwise Response to COVID-19 By African Union Member States and a Guidance on Community Social Distancing. These strategic documents and guidelines outline measures that have translated into: Partial or total nationwide lock downs (curfews, border closures, deployment of security forces); social distancing; virtual offices and student learning; suspension of all business trading activities and closure of non-essential services; and protocols for public interaction.
According to the African Union Commission (AUC), Department of Political Affairs, the overall impact of COVID-19 on the continent, if poorly responded to, would include; huge loss of life; stress and/or collapse of health infrastructure; disruption of public life impacting on community cohesion and nationhood; heightened nationalism and diminished multilateralism; declining trade, deindustrialisation; eminence of health and security over other political and socio-economic rights; deepening poverty, unemployment, inequality, food insecurity; plummeting revenue from African airlines, tourism and hotel industry.
4) PROJECT DETAILS
The comprehensive study on Governance and Disaster Management; The Case of the COVID-19 Pandemic in Africa is necessitated by the understanding that emerged from the Preliminary study on Africa’s Governance Response to COVID-19, launched on 8 June 2020. The study recognises that managing the pandemic requires international cooperation and whole-of-government measures that cut across a variety of disciplines, sectors and actors. Thus, following the publication of the preliminary study, the APRM elected to undertake a comprehensive study that examines and situates the governance aspects of managing the COVID-19 pandemic in these broad international frameworks. First, it recognises the World Health Organisation International Health Regulations (IHR 2005). Second, it evokes the United Nations Disaster Risk Reduction Office Sendai Framework for Disaster Risk Reduction 2015 – 2030. Third, it employs the APRM Governance Framework which includes the AU Agenda 2063 and the UN SDGs 2030.
The WHO central and historic responsibility has been the management of the global regime for the control of the international spread of disease. Under Articles 21(a) and 22, the Constitution of WHO confers upon the World Health Assembly the authority to adopt regulations “designed to prevent the international spread of disease” which, after adoption by the Health Assembly, enter into force for all WHO Member States that do not affirmatively opt out of them within a specified time. The IHR (2005) were adopted by the Fifty-eighth World Health Assemblon 23 May 20057. They entered into force on 15 June 2007. The purpose and scope of the IHR (2005) are “to prevent, protect against, control and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks, and which avoid unnecessary interference with international traffic and trade.” The IHR (2005) contain a range of innovations, including: (a) a scope not limited to any specific disease or manner of transmission, but covering “illness or medical condition, irrespective of origin or source, that presents or could present significant harm to humans”; (b) State Party obligations to develop certain minimum core public health capacities; (c) obligations on States Parties to notify WHO of events that may constitute a public health emergency of international concern according to defined criteria; (d) provisions authorizing WHO to take into consideration unofficial reports of public health events and to obtain verification from States Parties concerning such events; (e) procedures for the determination by the Director-General of a “public health emergency of international concern” and issuance of corresponding temporary recommendations, after taking into account the views of an Emergency Committee; (f) protection of the human rights of persons and travellers; and (g) the establishment of National IHR Focal Points and WHO IHR Contact Points for urgent communications between States Parties and WHO.
The Sendai Framework for Disaster Risk Reduction 2015–2030 was adopted at the Third
United Nations World Conference on Disaster Risk Reduction, held from 14 to 18 March 2015 in Sendai, Miyagi, Japan. The framework seeks to achieve a substantial reduction of disaster risk and losses in lives, livelihoods and health and in the economic, physical, social, cultural and environmental assets of persons, businesses, communities and countries. It thus seeks to Prevent new and reduce existing disaster risk through the implementation of integrated and inclusive economic, structural, legal, social, health, cultural, educational, environmental, technological, political and institutional measures that prevent and reduce hazard exposure and vulnerability to disaster, increase preparedness for response and recovery, and thus strengthen resilience. The framework has as its Priority for Action 2: strengthening disaster risk governance to manage disaster risk.
The comprehensive study recognises the intricate and intimate linkages and relationship between international health regulations for managing pandemics and disaster management frameworks. Accordingly, the study seeks to analyse the implications of the nexus between the WHO and UNDRR frameworks on Africa’s preparedness for, response to and recovery from COVID-19 using the APRM governance lens. The Study will be undertaken within the context of the broad mandate of the APRM which includes country assessments in democracy and political governance, economic governance and management, corporate governance and sustainable socio-economic development policy.
5) OBJECTIVE OF SERVICE
The overall objective of the service is to examine the relevance and effectiveness of international governance instruments and institutions for disaster management and health regulations in addressing the COVID-19 pandemic. This will be at the continental level (AU), the regional level (RECs) and at the National level (AU member state). It is envisaged that the study shall cover the entire spectrum of governance in Africa as it pertains to the preparedness for, response to and recovery from epidemics with specific focus on governance and COVID-19.
This is intended to generate recommendations for harmonization of national legislations and strategies for governance of crises and pandemics, all of which shall upon adoption comprise a draft integrated framework for disaster management in Africa. Such a framework would enable the respective AU member states to put in in place more effective legislation, policies and institutional arrangements for governing in times of disaster and crisis such as COVID-19. It is also envisaged that the outcomes of the study would be used for benchmarking guidelines, legislation, policy and reform initiatives at all levels of government and society.
6)SCOPE OF WORK/ DUTIES AND RESPONSIBILITIES
- Review and interpret implementation of legislation for disaster management, frameworks and policies derived from the United Nations Disaster Risk Reduction (UNDRR) framework, the World Health Organisation (WHO) international regulations for health on the health governance dimensions of Agenda 2063, UN SDGs, ACDEG and the APRM governance framework;
- Review and analyze the institutional arrangements for preparedness for, response to and recovery from crises and epidemics in the African;
- Make recommendations of draft model guidelines for an integrated framework on governing crisis and disaster for the consideration by the Technical Working Group of APRM and integration into the Comprehensive Study;
- Develop a position paper which will comprise a key component of the comprehensive study, on outcomes from items i), ii) and iii) above;
- Participate in consultations with relevant stakeholders, including civil society groups and work with the technical working group and incorporate suggested reviews and amendments on the draft Model Guidelines, position paper and documented findings under i) and ii) above
7)EXPECTED OUTPUTS/ DELIVERABLES
- Inception Report
- Compilation of the findings of the review of the implementation of legislation for disaster management, frameworks and policies and the institutional arrangements for preparedness for, response to and recovery from crises and epidemics in the African
- Recommendations on the draft Model Guidelines for an integrated framework on governing crisis and disaster
- Draft Position Paper which will comprise a key component of the comprehensive study
- Participation in the stakeholder consultations and validation processes inclusive of rationalisation of feedback from policy organs and the APRM network and input into the report
The Consultant to be paid upon satisfactory completion of the assignment.
8) DURATION OF THE WORK
The duration of contract shall be for a 33 days Starting October 2020. The Consultant will work closely with APRM Continental Secretariat, the technical leads and will from time to time submit the progress of activities as agreed.
9) DUTY STATION
- The Consultant may undertake distance (online) mode of working based on agreed workplan and methodology
- The Consultant is expected to use own laptop and other required equipment/facilities to carry out the task.
10) PAYMENT SCHEDULE
The consultant will issue a once off payment on delivery of satisfactory
11) QUALIFICATIONS AND EXPERIENCES
Education & Experience:
- A PhD or a master’s degree in law or equivalent, plus 8 years of experience is required;
- Knowledge of the architecture of international protocols and instruments, on disaster management frameworks and policies derived from the United Nations Disaster Risk Reduction (UNDRR) framework, international health regulations of the World Health Organisation (WHO), governance dimensions of Agenda 2063 and the UN SDGs 2030, ACDEG and/or the APRM governance framework will be an added advantage;
- Substantial experience in legal, regulatory and compliance, including reviewing domestic legislation in the Africa Region:
- Ability to analyze and interpret data to inform legislation and policy;
- Strong communication (written and verbal) and ITC skills, including editing skills and capacity to convene virtual/remote meetings and consultations;
- Demonstrable and proven track record to constructively engage at the highest levels of policy making (senior government level, ministerial level, judiciary and legislature) is required;
- Good interpersonal and diplomatic skills, including ability to work in diverse teams in a consultative and collaborative manner observing protocol.
- Ability to function and act independently, and with minimum supervision in the implementation of specific tasks, multitasking and prioritizing, working under pressure and meeting deadlines;
- Fluency or professional working proficiency in English or French is desirable; and
- High degree of confidentiality, ethics & integrity as well as adherence to and practice of the three main core values of integrity, professionalism and respect for diversity.
Skills & Requirements
- Ability to analyze and interpret data to inform program and resource mobilization decisions;
- Comfortable working in teams, with a diverse group of people of various nationalities and cultural backgrounds, as well as acting independently in the implementation of specific tasks, multitasking and prioritizing, working under pressure and meeting deadlines;
- Strong writing and oral presentation skills, including editing skills;
- Fluency or professional working proficiency in English is desirable;
- Organizational competencies include: Communication & Collaboration; Ethics & Integrity; and Professional Skills.
The successful incumbent is expected to adhere to and practice the three main core values of integrity, professionalism and respect for diversity, in particular possess the following competencies:
- Shows pride in work and achievements; b) demonstrates professional competence and mastery of subject matter (as described above);
- is conscientious and efficient in meeting commitments, observing deadlines and achieving results;
- is motivated by professional rather than personal concerns;
- shows persistence when faced with difficult problems or challenges;
- Remains calm in stressful situations.
- demonstrated high-level technical expertise in developing and implementing disaster management policy frameworks and strategies;
- proven ability in preparing robust project proposals and in managing project implementation;
- familiarity with concepts and approaches related disaster management;
Planning and Organizing:
- Develops clear goals that are consistent with agreed strategies;
- identifies priority activities and assignments; adjusts priorities as required;
- allocates appropriate amount of time and resources for completing work;
- foresees risks and allows for contingencies when planning;
- monitors and adjusts plans and actions as necessary;
- Uses time efficiently.
- Actively seeks to improve programmes or services;
- offers new and different options to solve problems or meet client needs;
- promotes and persuades others to consider new ideas;
- takes calculated risks on new and unusual ideas; thinks “outside the box”;
- takes an interest in new ideas and new ways of doing things;
- is not bound by current thinking or traditional approaches.
12) SELECTION/ EVALUATION CRITERIA ARE AS FOLLOWS:
Applicants must submit up-to-date Curriculum Vitae, Relevant Academic Certificate and any other relevant supporting documents – (Note: do not send originals) with the names and addresses of referees
|No.||Qualification and Experience||Sub- Area||Marks|
|1||Relevant Academic /Education: Master’s degree in law plus 8 years of experience OR a Master’s degree in Compliance with 8 years of experience or equivalent is required||25|
|2||Relevant Experience – Substantial experience in reviewing domestic legislation in the Africa Region.
Academic and/or policy research experience with research institutions, universities, think tanks or policy advisory services on corporate governance in Africa is required.
|3||Familiarity and knowledge of the architecture of international protocols and instruments. Knowledge of disaster management frameworks of the United Nations Disaster Risk Reduction (UNDRR) framework, international health regulations of the World Health Organisation (WHO), AU Agenda 2063, UN SDGs 2030 and the APRM governance framework.||10|
|4||Extensive knowledge of the Constitutive Act of the African Union as well as the overall objectives of the APRM||5|
|5||Understanding of the ToRs – Responsiveness to the Terms of Reference, methodology to undertake the assignment and detailed workplan||15|
|6||Proven ability in preparing robust project proposals and in managing project implementation- Project Management||10|
|8||Minimum Technical Score||80|
Clarification can only be sought through Email: [email protected] during working hours- Monday to Friday time 8.00a.m hrs to 5.00 p.m. hours local time, at least seven day before the closing date. All response to clarification shall be posted on the same portal the advert was published.
14)Mode of application/ submission & Documents to be submitted by consultants
The consultant should submit an expression of interest, containing a technical proposal and a Financial proposal through Email: [email protected]. The technical proposal should, among others, list the profile of the consultant, understanding of the ToRs, understanding of the methodology, detailed workplan, references and contact persons.
The financial proposal should give a cost breakdown consultant fee and other relevant expenses. The proposal should be in USD and inclusive of all taxes and other statutory obligations as may apply.
The Technical & financial Proposal clearly marked ‘REOI: Procurement Number: APRM/011/SIDA/ GDMLB/2020: INDIVIDUAL CONSUTANT TO UNDERTAKE A STUDY ON GOVERNANCE AND DISASTER MANAGEMENT: A CASE OF COVID 19 PANDEMIC IN AFRICA : Shall be submitted through Email: [email protected] on or before 2nd October 2020 at 11.00hrs local time. Eligible women are encouraged to apply. The REOI shall be opened immediately after the closing date and time.
All applications in writing should be accompanied by up-to-date certified Curriculum Vitae and supporting documents (Note: do not send originals) with the names and addresses of referees, one of which should be the last consultancy and addressed to:
African Peer Review Mechanism
Private Bag XO8, Halfway House
Physical Address: 230 15th Road, 1st Floor,
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Tel: +27 11 256 3401
 Sendai Framework for Disaster Risk Reduction 2015 – 2030. UNDRR. https://www.preventionweb.net/files/43291_sendaiframeworkfordrren.pdf (p17)
 Commission on Global Governance and Carlsson, I., 1995. Our global neighbourhood: The report of the commission on global governance. Oxford University Press.
 World Health Organization, Special Programme for Research, Training in Tropical Diseases, World Health Organization. Department of Control of Neglected Tropical Diseases, World Health Organization. Epidemic and Pandemic Alert, 2009. Dengue: guidelines for diagnosis, treatment, prevention and control. World Health Organization.
 https://www.worldometers.info/coronavirus/?utm_campaign=GenericUAblogposts? [accessed 20042020]
 Recommendations for Stepwise Response to COVID-19. Africa Centre for Disease Control. African Union. https://africacdc.org/download/recommendations-for-stepwise-response-to-covid-19/ [accessed 12/04/2020]
 Guidance on Community Social Distancing during COVID-19 Outbreak. https://africacdc.org/download/guidance-on-community-social-distancing-during-covid-19-outbreak/ [accessed 14/04/2020]