The UNICEF Programme of Cooperation with the Government of the Republic of Zambia (GRZ) is designed to address and mitigate the threat of poverty the country’s children face, while responding to the needs with interventions addressing the multiple causative factors.
In response to the combination these threats involve the Programme supports national efforts to improve service delivery in the key areas of: child health and nutrition and HIV and AIDS, quality basic education, water, sanitation and hygiene education, child protection and social policy, advocacy and communication.
To find out more about UNICEF’s work in Zambia, please visit https://www.unicef.org/zambia/.
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Purpose of the Consultancy: To strengthening the MYSCD to fulfill its newly acquired coordination role on State Party reporting on all Treaties that concern children.
Objectives / Target
The objective of this consultancy is to assess the national status and support the MYSCD in implementing a quality state party reporting process that ensures timely and evidence-based reports are submitted.
Zambia is a State Party to several International and Regional Treaties that are of relevance to child rights and that Parliament has ratified over the last few decades. When a country accedes, or ratifies a treaty, it assumes a legal obligation to implement the rights recognized in that treaty. However, becoming a party to a treaty is only the first step, because recognition of rights on paper is not sufficient to guarantee that they will be enjoyed in practice. Each State party has an obligation to take steps to ensure that everyone in the State enjoys the rights set out in the treaty. In addition to their obligation to implement the substantive provisions of the treaty, each State party is under an obligation to submit periodic reports to the relevant treaty body (except under the OPCAT) on how the rights are being implemented. The treaty body helps State parties to do this by monitoring implementation through state party periodic reports. In the light of all the information available, the relevant treaty body examines the report in the presence of a State party’s delegation. Based on this constructive dialogue, the Committee publishes its concerns and recommendations, referred to as “concluding observations”.
Amongst the challenges identified within the human rights treaty system are delays in submission and consideration of reports and non-reporting by State Parties to the Treaties as well as adequate evidence-based data provided as part of the reporting process. These challenges apply also to GRZ that has been delayed in submitting reports against the CRC as well as the African Charter on the Rights and Welfare of the Child. As for the Convention on the Rights of Persons with Disability, which came into force in 2008 and which is so central for securing social inclusion of children with disability, the GRZ is yet to submit a report.
To give effect to the purpose of reporting, State parties are encouraged to see the process of preparing their reports for the treaty bodies not only as the fulfilment of an international obligation, but also as an opportunity to take stock of the state of child rights protection within their jurisdiction for the purpose of policy planning and implementation. According to the Guidelines on State Party Reporting by the Office of the High Commission on Human Rights(OHCHR) (2014), the preparation offers an occasion for each State party to:
- Conduct a comprehensive review of the measures it has taken to harmonize domestic law and policy with the provisions of the international human rights treaties to which it is a party;
- Monitor progress made in promoting the enjoyment of the rights set forth in the treaties in the context of the promotion of human rights in general;
- Identify problems and shortcomings in its approach to the implementation of the treaties;
- Assess future needs and goals for more effective implementation of the treaties; and
- Plan and develop appropriate policies to achieve these goals.
Seen in this way, the reporting system is an important tool for a State to assess what it has achieved and what more it needs to do to promote and protect children’s rights in the country. The reporting process should encourage and facilitate, at the national level, public participation, public scrutiny of State policies, laws and programmes, and constructive engagement with civil society in a spirit of networking and mutual respect, with the aim of advancing the enjoyment by all of the rights protected by the relevant treaty.
The government of Zambia has considered efforts to make the system more effective, in particular by streamlining the reporting mechanisms. The implications for the treaty system at national level is the new emphasis on the creation of and support to national reporting mechanisms. In Zambia, a new law, the Ratification of International Agreements Act No.34 of 2016 is expected to bring clarity on reporting responsibilities and it is expected to enhance management and coordination of reporting processes.
Zambia being party to several International Treaties continues to abide by the requirements of state reporting. Negotiation of treaties and international agreements is the responsibility of the Executive Branch and serves as depository of bilateral agreements. The Department of International Law and Agreements (ILA) in the Ministry of Justice was established to coordinate and provide oversight. However, confusion existed with respect to how treaties were ratified or acceded to and how the power to enter international agreements was allocated among the Executive Branch. Other issues were around whether Cabinet or Parliament can override an existing treaty, and the extent to which Cabinet or Parliament provided oversight on international agreements. For example, not all international agreements negotiated were submitted to the Cabinet for its consent or to Parliament for approval Sometimes the Executive Branch negotiated an agreement that was intended to be binding but no Cabinet/Parliament consent was sought.
Ministry of Justice of the GRZ was until 2016 the main interlocutor for State Party Reporting and it negotiated all the international agreements and facilitated the reports on their implementation. However, under the new law, the Ratification of International Agreements Act No.34 of 2016, changes were introduced to the authority responsible for management and coordination of reporting processes. Namely, the Ministry responsible for a Treaty, subject matter or issues is responsible for coordinating the reporting process and submitting the reports.
Based on the National Child Policy, the Ministry of Youth Sport and Child Development (MYSCD) has the mandate to coordinate policy matters related to children, hence this Ministry will be coordinating all State Party reporting related to child rights. For MYSCD this is a new role and technical assistance is needed to help the Ministry systematically plan the coordination of reporting processes. This can help to ensure concluding observations are addressed in a timely manner, reporting is timely and of high quality. The area of child rights is one of the most complex when it comes to reporting on international standards, because a range of ministries are responsible for different child rights related issues. Moreover, a number of different international conventions, although not child specific to have provisions of relevance to children, by the MYSCD will be expected to provide the input, having consulted relevant ministries.
The MYSCD would benefit from support in the completion of a Mapping of the State Party reporting statuses on Treaties related to children which would be the basis for developing an up-to-date schedule indicating the status of their reporting to the Committee and the scheduled dates when their initial or periodic reports are due. This will inform the development of a reporting procedure that will provide a framework for feeding into the 7th National Development Plan reporting system under Pillar 5).
In addition, MYSCD requires technical assistance in designing timely activities that will secure quality evidence-based reporting. This will require timely discussions around concluding observations, agreement on how to take them forward and integrate them in ongoing work, reflections on available data and priority data which would need to become available when reports are due as well as communications activities related to advancing child rights that are so central to placing this issue high up the policy agenda.
Description of the assignment (Scope of work) / SPECIFIC TASKS
The scope of the consultancy involves the following:
- Review the relevant Treaties with specific reference to children’s rights and identify reporting obligations under each Treaty, challenges and way forward;
- Assess the capacity and identify the needs of the Executive Secretariat (MYSCD) to support the work of the National Mechanism on Reporting Framework (NMRF) for engagement with international mechanisms, for drafting state part report and presenting reports.
- Develop ToR to facilitate the establishment of a Multisectoral collaboration mechanism in order to strengthen coordination and reporting capacities.
- Develop a network of focal points in each Institution/Ministry to be appointed by the Minister responsible under the Ministry hosting the Executive Secretariat or Coordination Mechanism.
- Develop an Inventory of Concluding Observations made on each Treaty, any upcoming Universal Periodic Review (UPR) and pending Treaty reporting obligations.
- Develop a roadmap in form of the work plan and calendar of activities, including timelines, assignment of institutional responsibilities, together with Treaties and thematic areas they are contributing to.
- Support MYSCD in establishing specific drafting groups from among the network of focal points (under the coordination mechanism’s Executive Secretariat) organized for each of the Treaties ratified; focusing on groups of rights or for a specific upcoming report.
- Support MYSCD in defining other activities and mechanisms that will assist them in securing timely and quality child rights related reporting on international standards.
- Support MYSCD to define communication activities related to achievements and progress made as well as challenges remaining, when it comes to child rights.
Expected Output / Deliverables
Estimated No of Days
Desk review of international and regional treaties, CO and all state part reports with effect on Children
Desk Review Report
7 working days
Develop ToR to facilitate the establishment of a Multisectoral collaboration mechanism
5 working days
Development of an inventory of human rights reporting institutions (with timelines) and concluding observations and recommendations that have been made for Zambia.
Inventory of Treaties with responsible institutions and reporting schedules
5 working days
Support MYSCD in leading round-table discussions on progress and focus groups on areas of concern with respect to State Party reporting.
Three round-tables and three focus groups
Discussion paper on additional mechanisms and activities of MYSCD to be implemented so as to ensure timely and quality State Party reporting on child rights
Paper on proposed communication activities related to achievement and challenges in area of child rights.
Report on Communication activities.
Roadmap on implementation of CO and recommendations on the UNCRC and ACRWC.
Final report state party reporting and Roadmap on implementation of CO and recommendations.
The deliverables defined in the above table and monthly progress reports will meet the reporting requirements. The overall process will be overseen by the UNICEF Child Protection Specialist (child justice) whom the selected consultant will be answerable to for the fulfillment of this assignment.
The Child Protection Specialist (child justice) under the supervision of the Chief of Child Protection will be responsible for managing the consultancy. The Technical Committee at MYSCD will hold bi-weekly progress meetings to review progress. The Consultant will participate in the fortnightly meeting and provide updates on progress, sharing drafts of work produced for review.
LOCATION AND DURATION
- The consultancy will be for 40 Working Days (Over a period of 3 Months)
- UNICEF considers a month as comprising of 21 working days.
In full consideration for satisfactory completion of services as provided for in these terms of reference and subject to receipt of monthly progress reports as provided for herein, the following payment schedule is proposed:
- 20% upon submission of inception report, which should include the desk review Report
- 20% upon completion of the draft Inventory, ToR and Road-map
- 30% upon completion of the of the Discussion Paper and Communications Activities Report
- 30% Facilitate the stakeholders’ validation meeting, and submission of the final Report.
Payment will be made upon satisfactory completion of deliverables (satisfactory progress against tasks).
To qualify as an advocate for every child you will have…
- Advanced university degree in Law or related field;
- At least ten years’ experience in Human rights, including child rights.
- Strong grounding in the area of governance in Zambia; knowledge on the application of human /child rights treaties in Zambia.
- In-depth knowledge of International law
- Strong writing and presentation skills
- Good computer skills
- Fluency in written and spoken English is required.
EVALUATION PROCESS AND METHODS
The interested consultant will be assessed based on an agreed criterion. The applicants will firstly be evaluated on their technical capacity by a panel composed of UNICEF staff. After this, a price evaluation will be conducted. The ratio between technical and price weight will be 70/30 and only applicants who will receive a minimum of 50 points under a technical evaluation will be considered technically compliant and assessed on price proposal.
All financial proposals must be in Zambian Kwacha. The financial proposal should provide a detailed breakdown of the cost of each activity you have proposed for the implementation of your technical proposal. The contract will be a fixed lump sum contract therefore professional fees and all out of pocket expenses will be part of total price proposal. Travel and accommodation costs need to be built into total budget. All anticipated costs should be factored into the proposed costs of the consultancy.
The top three shortlisted applicants will be subjected to an oral interview to cross-check their expertise, experience and understanding of the assignment. References from previous relevant experience will be checked.
All products and data developed or collected for this consultancy will be the intellectual property of the Government of Republic of Zambia, MYSCD. The consultant may not publish or disseminate the report, or any other documents produced from this consultancy without the explicit permission and acknowledgement by the MYSCD.
The Consultant is responsible for covering all the costs of the 3 round tables and three focus groups.
- Work station: The consultants will provide own work station
- Official travel within the country, if any must be factored into the financial bid.
- The consultant must provide their own laptop.
- The consultant will only be paid upon satisfactory submission of a deliverable in line with the contract.
For every Child, you demonstrate…
UNICEF’s core values of Commitment, Diversity and Integrity and core competencies in Communication, Working with People and Drive for Results.
View our competency framework at
UNICEF is committed to diversity and inclusion within its workforce, and encourages all candidates, irrespective of gender, nationality, religious and ethnic backgrounds, including persons living with disabilities, to apply to become a part of the organization.
UNICEF has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and UNICEF, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination. UNICEF also adheres to strict child safeguarding principles. All selected candidates will, therefore, undergo rigorous reference and background checks, and will be expected to adhere to these standards and principles.
Only shortlisted candidates will be contacted and advance to the next stage of the selection process.
How to apply:
UNICEF is committed to diversity and inclusion within its workforce, and encourages qualified female and male candidates from all national, religious and ethnic backgrounds, including persons living with disabilities, to apply to become a part of our organization. To apply, click on the following link http://www.unicef.org/about/employ/?job=526638