CANCELLATION of TOR – INDIVIDUAL LEAD LEGAL CONSULTANT TO UNDERTAKE A STUDY ON GOVERNANCE AND DISASTER MANAGEMENT: A CASE OF COVID 19 PANDEMIC IN AFRICA

CANCELLATION OF TENDERS

02.09.2020

PROCUREMENT NUMBER: APRM/010/SIDA/ GDMR/2020  & PROCUREMENT NUMBER: APRM/011/SIDA/ GDML/2020: INDIVIDUAL GOVERNANCE RESEACHER CONSULTANT TO SUPPORT THE STUDY ON GOVERNANCE AND DISASTER MANAGEMENT:  A CASE OF COVID 19  PANDEMIC IN AFRICA

The above tenders published on the portals and links below and closing on 24^th September 2020 have been cancelled and re-advertise as PROCUREMENT NUMBERS:  APRM/010B/SIDA/ GDMR/2020 and   APRM/011B/SIDA/ GDML/2020 on the same portals.

The TORS have since been revised. We sincerely regret any inconvenience caused:

1. TOR – INDIVIDUAL RESEARCH GOVERNANCE CONSULTANT TO UNDERTAKE A STUDY ON GOVERNANCE AND DISASTER MANAGEMENT: A CASE OF COVID 19 PANDEMIC IN AFRICA Published on 24.08.2020
2. TOR – INDIVIDUAL LEAD LEGAL CONSUTANT TO UNDERTAKE A STUDY ON GOVERNANCE AND DISASTER MANAGEMENT: A CASE OF COVID 19 PANDEMIC IN AFRICA Published on 24.08.2020
3. AU-P549420-08/20
4. https://devbusiness.un.org/content/individual-lead-legal-consutant-undertake-study-governance-and-disaster-management-case Published on 24.08.2020
5. AU-P549419-08/20
6. https://devbusiness.un.org/content/consultant-undertake-study-governance-and-disaster-management-case-covid-19-pandemic-africa Published on 24.08.2020
7. https://www.sa-tenders.co.za/content/individual-research-governance-consultant-undertake-study-governance-and-disaster-management Published on 24.08.2020 Closes on 24^th September 2020
8. https://www.sa-tenders.co.za/content/individual-lead-legal-consultant-undertake-study-governance-and-disaster-management-case Published on 24.08.2020
9. https://au.int/en/bids/20200825/individual-research-governance-consultant-undertake-study-governance-and-disaster Published on 25.08.2020
10. https://au.int/en/bids/20200825/individual-lead-legal-consultant-undertake-study-governance-and-disaster-management Published on 25.08.2020

Revised TORS:

1. REVISED TOR – INDIVIDUAL GOVERNANCE RESEARCHER CONSULTANT TO SUPPORT THE STUDY ON GOVERNANCE AND DISASTER MANAGEMENT: A CASE OF COVID 19 PANDEMIC IN AFRICA
2. 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/011/SIDA/ GDML/2020: INDIVIDUAL LEAD LEGAL CONSUTANT TO UNDERTAKE  A STUDY ON GOVERNANCE AND DISASTER MANAGEMENT: A CASE OF COVID 19 PANDEMIC IN AFRICA

1)INTRODUCTION

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 Lead Legal 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[1].

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[2].

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[3]. 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[4].

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[5] and a Guidance on Community Social Distancing[6]. 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 overall objective of the project is to look at the availability of legal instruments and policies in disaster management and international health regulations in African Union member states, both at a regional and country level. This is specifically in reference to the COVID 19 response.

The aim is ensuring regional harmonization of national legislations and implementation of governance and disaster management related issues to close the lacuna in the African continent and enable the respective Parliaments to respond more effectively to the legislative requirements in governance and disaster management by benchmarking domestic laws or law reform initiatives in accordance with international and continental legal instruments they have already committed to in disaster management.

5)SCOPE OF WORK/ DUTIES AND RESPONSIBILITIES

• Review and analyze relevant instruments in disaster management at regional and country level of the African Union member states;
• Review and interpret implementation of disaster management legislation and policies;
• Prepare an outline document of the Model Law in disaster management for the consideration by the Technical Working Group of APRM in disaster management which will assist in identifying key thematic areas and related policy questions which will inform the content of the Model Law;
• Participating as required in drafting meetings (telephonic and physical) with various stakeholders and entities; meetings of the Legislative Drafters Sub-Committee; sittings of Parliament and its Committees, and any other activities pertinent to the development of the Model Law;
• Develop a position paper discussing issues relevant to disaster management law and to inform the drafting of the Model Law and consultations with relevant stakeholders.
• Participate in consultations with relevant stakeholders, including civil society groups and work with the technical working group to ensure that the consultations outcomes inform the development of the Model Law.
• Develop a draft Model Law on disaster management in consultation with relevant stakeholders that is inclusive of all.
• Incorporate proposals and amendments made during deliberative sessions on the draft Model Law.
• Develop the final Model Law in disaster management with full commentaries and references, including a full Explanatory Memorandum.
• Participate in advocacy efforts in Africa on the Model Law through presentation at various workshops and seminars throughout the process of the development of the Model Law on Disaster management.
• Liaise with the Technical Working Group throughout the process to get directional insight on the assignments.
• Policy papers, technical notes, and substantive section of report and studies in support of the analytical work.
• Compendium of lessons learned and examples of best practices of countries that have taken a leading role in adopting and implementing international accepted disaster management.
• Guidance notes and toolkits providing guidance on core elements of national disaster management and key steps to be taken in their development and implementation.

• Tailored advice to select countries and development partners in relation to the development of disaster management frameworks.
• Training workshops and capacity development workshops to raise awareness of the role and importance of disaster management laws and policies.
• Outreach activities to disseminate the findings of this study and other relevant analytical work including on national development disaster management policies.
• Project documents, funding proposals, programmatic and budgetary documents and other documents related to the delivery of the project
• Reporting on the activities and progress of the said chapter;
• Attend, participate and report in all relevant meetings, as required;

6)EXPECTED OUTPUTS/ DELIVERABLES

• Policy papers, technical notes, and substantive section of report and studies in support of the analytical work.
• Compendium of lessons learned and examples of best practices of countries that have taken a leading role in adopting and implementing international accepted disaster management.
• Guidance notes and toolkits providing guidance on core elements of national disaster management and key steps to be taken in their development and implementation.
• Tailored advice to select countries and development partners in relation to the development of disaster management frameworks.
• Training workshops and capacity development workshops to raise awareness of the role and importance of disaster management laws and policies.
• Outreach activities to disseminate the findings of this study and other relevant analytical work including on national development disaster management policies.
• Project documents, funding proposals, programmatic and budgetary documents and other documents related to the delivery of the project
• Reporting on the activities and progress of the said chapter;
• Attend, participate and report in all relevant meetings, as required;

The Consultant to be paid upon satisfactory completion of the assignment.

7) DURATION OF THE WORK

The duration of contract shall be for a 26 days Starting October 2020. The Consultant will work closely with APRM Continental Secretariat and will from time to time submit the progress of activities as agreed.

8) 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.

9) PAYMENT SCHEDULE

The consultant shall be paid upon satisfactory delivery of the assignment

10) QUALIFICATIONS AND EXPERIENCES

Education & Experience:

• A PhD or a 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;
• Good analytical skills
• Substantial experience in reviewing domestic legislation in the Africa Region.
• Strong communication (Written and verbal) and IT skills, including capacity to convene virtual/remote meetings and consultations.
• Ability to constructively engage at a senior government level and ministerial level, Minister and Member of Parliaments.
• Good interpersonal and diplomatic skills; ability to work in a team in a consultative and collaborative manner observing protocol.
• Experience in forensic Investigation, legal, regulatory and compliance management;
• Familiarity with African Union and governance frameworks such as Agenda 2063, Disaster Risk Reduction Framework, APRM Thematic Areas, International Health Policy

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.

COMPETENCIES:

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:

• Professionalism.
• 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.

Technical competence:

• 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.

Creativity:

• 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.

11) SELECTION/ EVALUATION CRITERIA ARE AS FOLLOWS:

Clarification

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

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. 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/ GDML/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 24 September  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,

Randjespark, Midrand, 1685,

South Africa

Tel: +27 11 256 3401

[1] Sendai Framework for Disaster Risk Reduction 2015 – 2030. UNDRR. https://www.preventionweb.net/files/43291_sendaiframeworkfordrren.pdf (p17)

[2] Commission on Global Governance and Carlsson, I., 1995. Our global neighbourhood: The report of the commission on global governance. Oxford University Press.

[3] 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.

[4] https://www.worldometers.info/coronavirus/?utm_campaign=GenericUAblogposts? [accessed 20042020]

[5] 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]

[6] 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]