TERMS OF REFERENCE YHCWG1044

Transcription

1 TERMS OF REFERENCE Reference: Post title: Project title: Organisational Section/Unit: Duty Station: Responsible to: YHCWG1044 Legislative Drafting Consultant Legislative drafting support to the Pacific Community (SPC) member countries to draft new noncommunicable diseases (NCDs)-related legislation, and amend existing health related legislation. Health Team, Social Policy Development, Economic, Youth and Sustainable Development Directorate, Commonwealth Secretariat Secretariat of the Pacific Community, Suva, Fiji Health Adviser, Commonwealth Secretariat and Director, Public Health Division at Secretariat of the Pacific Community Proposed period: 19 March March 2019, Actual work time: full-time within the contract period 1. Background: The Commonwealth The Commonwealth is a voluntary association of 53 independent and equal sovereign states. The Commonwealth is home to 2.4 billion people and includes both advanced economies and developing countries. Thirty-one of our members are small states, many of which are island nations. The Commonwealth Secretariat s current programme of work on health is embedded in the Secretariat s 2017/18-20/21 Strategic Plan; specifically, Intermediate Outcome 3.3: Strengthened sustainable policies reduce disparities and improve health and education outcomes. The focus of the work is therefore on assisting member countries to develop and implement policies that reduce disparities and improve health outcomes, with particular reference to Universal Health Coverage in relation to addressing communicable and noncommunicable diseases (NCDs). The Commonwealth has been at the forefront of advocacy and thought leadership on NCDs, having been the first inter-governmental organisation to call for the United Nations highlevel summit on NCDs which raised the profile of NCDs and led to a United Nations General Assembly Resolution and, in 2011, the Political Declaration of the High-level Meeting of the General Assembly on the Prevention and Control of Non-Communicable Diseases.

2 Pacific Health Ministers At the eleventh Pacific Health Ministers Meeting, in 2015, the Pacific Health Ministers recommitted to the 1995 Yanuca Island Declaration which emphasises the regional aspiration to Healthy Lives and well-being and also recognises the inter-relatedness of health, climate change and ocean governance. The region also harmonised its approach to addressing NCDs through the development of the Pacific NCD Roadmap which has been endorsed by the leaders of the 22 Pacific island countries and territories (PICTs) including 9 Commonwealth countries, who have committed themselves to addressing NCDs in the region as a priority. At the twelfth Pacific Health Ministers Meeting, in 2017, the Pacific Health Ministers and Heads of Health stressed the importance of strengthening NCDs related policies and legislation in all relevant sectors and endorsed: i) Pacific Monitoring Alliance for NCD Action (MANA) dashboard for monitoring the progress of NCD-related policies, legislations and actions to strengthen NCD accountability in the Pacific., and ii) the concept note on a proposed Pacific Legislative Framework on NCDs that would harness the power of Pacific voices through collective approaches to tackle the Pacific NCD crisis. This project therefore seeks to provide technical assistance in the development of the proposed Pacific Legislative Framework on NCDs by placing an expert at SPC to develop and review NCD-related legislation. Non-communicable diseases in the Pacific region NCDs, cardiovascular disease (heart attacks and stroke), diabetes, cancers, chronic respiratory diseases (such as chronic obstructed pulmonary disease and asthma), have for the past several years, been recognised as a major health threat and a significant present and future hindrance to human development in all regions of the world, contributing to some 40 million deaths annually worldwide. Many of these deaths are in persons between the ages of years, and about 80 percent of the deaths occurring in lower and lower middle income countries (LMICs), which make up a large part of the Commonwealth. NCDs are the leading cause of death in the Pacific, accounting for approximately 70% of all deaths. Pacific Island countries are among the top ten countries with the highest rates of diabetes in the world, including Commonwealth countries such as Nauru, Kiribati and Vanuatu. The top ten countries with the highest prevalence of obesity (major risk factor for NCDs) in the world are in the Pacific and include Nauru, Samoa and Tonga, Commonwealth member countries. The burden of NCDs in Pacific populations is a major barrier to achieving the Healthy Islands vision, affecting life expectancies, healthcare-costs and economic development. All 22 Pacific Island Countries and Territories (PICTs) have made commitments at various levels to address NCDs. Most notably, most PICTs are working towards the Sustainable Development Goals (SDGs), which include targets on combating NCDs. Other Pacific region commitments made to address NCDs include the Joint Forum Economic and Pacific Health Minister s meeting (Honiara, 2014), the 46th Pacific Islands Forum (Port Moresby, 2015), the Pacific NCD Summit (Nuku alofa, 2016), and the Pacific Health Ministers Meeting (Rorotonga, 2017). Commonwealth Health Ministers have again identified NCDs as a priority which will be the focus of their meeting in May 2018, under the theme: Enhancing the global fight against NCDs: raising awareness, mobilising resources and ensuring accessibility to universal health coverage. Addressing NCDs is also central to the Sustainable Development Goals (SDGs), as

3 reflected in Target 3:4 ( reduce by one third premature mortality from NCDs through prevention and treatment, and promote mental health and wellbeing ) and other SDG targets. 2. Purpose of the project The aim of the project is to provide legislative drafting asssitance to Pacific Community (SPC) member countries to draft new NCDs-related legislation, and amend existing NCDsrelated legislation, and to support of the development of the proposed Pacific Legislative Framework on NCDs. 3. Scope of work Under the guidance of the Health Adviser, Social Policy Development, Head of Justice Section, Rule of Law Division or his nominee, as well as the Director, Public Health Division at Secretariat of the Pacific Community, the consultant shall: liaise with responsible Government Ministries and stakeholders regarding policy and drafting instructions undertake a review of relevant national legislation in relation to the drafting instructions prepare draft legislation work together with the responsible Government legal office responsible for legislative drafting (e.g. Attorney General s office or Parliamentary Counsel) on the development of the draft legislation; consult with stakeholders and develop consultation reports containing consultation outcomes, analysis of the recommendations from consultations, and a list of people consulted; facilitate consultation on draft legislation and train line ministries on enforcemnet of draft legislation; develop supporting material, including explanatory memorandum, legislation implementation plan and Cabinet paper for the draft legislation. be prepared to support draft model legislative briefs In the course of providing the services, the legislative drafter is required to: report to and provide regular updates to the SPC supervisor, as well as quarterly reports to the Commonwealth Secretariat consult internally with SPC on technical policy issues; provide advice, where in the opinion of the drafter, new Bills or amendments may conflict with existing legislation; provide legislative drafting assistance in line with national, technical and procedural requirements; if necessary, make presentations to stakeholders on legislative issues.

4 4. Deliverables Key activities Deliverables/ outputs Timeframe Identify scope of work in developing Scope of work for the 0-3 months Pacific legislative framework by reviewing existing policies and legislation related to NCDs, and consulting with Pacific governments, Pacific legislative framework identified and contents developed. development agencies, academic drafting legislative institutions and relevant stakeholders. Assist PICTs in drafting or reviewing framework document initiated. NCDs- related policies and legislation Drafted, reviewed or (including legislation, as per the gaps identified in PICTs completed MANA dashboards). developed NCDsrelated policies, legislation(including legislation)in selected Consult with key stakeholders and draft Pacific legislative framework. Assist PICTs in drafting or reviewing NCDs- related policies and legislation (including legislation), as required (as per the gaps identified in PICTs completed MANA dashboards). Consultation with key stakeholders and finalise Pacific legislative framework. Assist PICTs in drafting or reviewing NCDs- related policies and legislation (including legislation) as required (as per the gaps identified in PICTs completed MANA dashboards). Depending on funding availability of this placement, continue to provide assistance to PICTs in drafting or reviewing NCDs- related policies and legislation (including legislation) as required (as per the gaps identified in PICTs completed MANA dashboards, and in line with Pacific legislative framework). PICTs Pacific legislative framework drafted as per identified scope of work. Drafted, reviewed or developed NCDsrelated policies and legislation (including legislation) in selected PICTs Pacific legislative framework finalised and ready for endorsement Drafted, reviewed or developed NCDs related policies and legislation (including legislation) in selected PICTs Drafted, reviewed or developed NCDs related policies and legislation (including legislation) in remaining PICTs where relevant. 3-6 months 6-12 months months

5 5. Gender Mainstreaming The consultant will be expected to actively support the Commonwealth Secretariat s Gender Equality Policy. This Policy provides a mandate and framework for realising the Commonwealths commitment to mainstreaming gender equality and equity into all its policies, structures, systems and operations. It is intended to strengthen and guide the collective effort of all Secretariat staff to ensure that women, men, girls and boys benefit equally from their work. The consultant will be expected to highlight and respond to specific gender questions attached to the process under this project, which will be included in all project reporting. 6. Experience and Qualifications The successful candidate should possess the following qualifications and experience to be considered for this post: Educational Qualifications i. A law degree from a recognised and reputable institution ii. A postgraduate degree in legislative drafting would be an advantage Professional Experience iii. Minimum of 10 years legislative drafting experience. iv. Experience working within an AG s Chambers, Law Reform Authority or similar organisation. v. Experience producing high quality health and NCD related policies and legislation (including legislation, e.g.tobacco and alcohol control, food supply and control system, enabling environments etc.). vi. Ability to engage with a cross-section of stakeholders in the public and private sectors. vii. Experience working regionally or internationally including within the Commonwealth. viii. In-depth knowledge and understanding of Pacific Island laws (Constitutions, statutes, subsidiary laws) ix. Knowledge of Pacific Island customs, traditions and languages will be an advantage x. Experience in drafting inter-sectoral model health legislation will be an advantage xi. Experience working with Parliamentarians xii. Able to conduct on the job training with local counterpart(s) on legislative drafting and training in the enforcement of NCDs-related legislation xiii. Excellent communication skills as well as the ability to communicate fluently in English (spoken and written); xiv. Ability to engage with gender mainstreaming issues xv. Proven ability to work under pressure and meet deadlines. The applicant must be a citizen of a Commonwealth member country. 7. Implementation arrangements

6 The legislative drafting consultant will be based at the Secretariat of the Pacific Community in Suva, Fiji on a full time basis during the period of the contract, and will report on a day to day basis to the Director, Public Health Division at Secretariat of the Pacific Community. Monitoring and Evaluation of the project will take place during the course of its implementation. The drafter will be expected to provide an Inception Report and Periodic Progress Reports supported by supplementary information and reporting as required. All reports will be submitted to the designated Project Manager at the Commonwealth Secretariat and signed by the Reporting Officer in the host organisation. The consultant shall receive fees in the total amount of 49,400 per annum, in accordance with the terms and conditions of the consultancy offer letter. 8. Report by Consultant The consultant shall submit to the Commonwealth Secretariat six-monthly reports on the work conducted by him/her in relation to this project, as well as the final project report which will be submitted within one month of the completion of the consultancy., Such reports shall be shared with SPC, which shall also submit a brief report to the Secretariat on the performance of the consultant in relation to this project.