ob Number: 533456 | Vacancy Link
Locations: Africa: South Sudan
Work Type : Consultancy

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Terms of Reference
Title Consultant for technical support to the Ministry of Gender, Child and Social Welfare (MGCSW) to support the implementation process of the South Sudanese Child Act 2008 and the Justice for Children (J4C) Strategic Framework of South Sudan

Type of Contract Consultant

Supervision Child Protection Specialist
Level Mid-Level. International.
Location Home-based, but include travels to South Sudan if possible

Duration 120 days (with possibility of extension depending on funding and needs)

Start Date 1 September 2020

Background/Rationale for the Assignment

The Republic of South Sudan has formulated the Child Act 2008 through the Ministry of Gender, Child and Social Welfare (MGCSW), the Ministry of Justice and Constitutional Affairs (MoJCA) and partners. However, due to the long-lasting crisis of the country the implementation of the Child Act 2008 of South Sudan and related regulations and policies have been a big challenge to the government and judiciary of South Sudan. The provisions in the Child Act 2008 are to make sure the rights of the children of South Sudan are being heard and respected. The lack of the knowledge and implementation of the Child Act 2008 affects the children in South Sudan negatively as their rights are not assured, and even often violated.

Following the formation of the new Government under the Revitalized Agreement to Resolution of the Conflict in South Sudan (R-ARCSS) of National Unity, the country is striving to attain stability though this might take some time but clearly the Government is looking at fostering development efforts that had been seriously interrupted by the conflict of 2013 to the present date. Based on the above, it is the right time to focus on the strengthening the implementation of the Child Act 2008 and related regulations and polices.

UNICEF supports Governments and CSOs in establishing justice for children systems in line with the Child Act 2008, Justice for Children Strategic Framework 2011, Convention on the Rights of the Child (CRC) and other international standards and norms. This includes law and policy development, the establishment of child-friendly procedures, capacity development of professionals (judges, prosecutors, lawyers, social workers, institutions staff and paralegals) and the setting up of justice for children programmes. UNICEF has taken the lead in developing a UN common approach to justice for children, together with UNDP, DPKO, OHCHR, UNODC et al. The common approach aims at ensuring greater attention to children in broader rule of law initiatives.

UNICEF and the Government of the Republic of South Sudan have jointly developed the two-year country Programme (2019–2021) to address child protection in line with the national development strategy (NDS) 2018 – 2021 and UNCF outcomes.

The MGCSW with support from UNICEF is looking to hire a qualified consultant to support the MGCSW with the implementation process of the Child Act and the Strategic Framework on Justice for Children in South Sudan for the MGCSW to achieve its mandate on this important programme area. Given the evolving COVID-19 context, the tasks will mainly be performed remotely, in close cooperation with a national consultant in South Sudan. If the context changes, the work modality will be discussed and reviewed between the consultant, MGCSW and UNICEF to reflect the context on the ground.

Purpose/task & Expected Results

Specific tasks:
Provide technical support to national government (the MGCSW), relevant state governments and the judiciary to implement the South Sudan Child Act 2008 and the Justice for Children Strategic Framework of South Sudan, through the following tasks:
• Provide technical legal support on the review and finalization of the draft of the Strategic Framework on Justice for Children in South Sudan;
• Provide legal technical support to the implementation and dissemination strategy on the Child Act 2008, the strategic framework on justice for children and the child-friendly version of the CRC, together with the national MGCSW, state governments and other relevant actors;
• Provide technical legal support for the advocacy of the establishment of an independent child commission, in accordance with the Child Act 2008;
• Provide technical legal support on the advocacy within the Government for the ratification/accession of all child-specific international and regional instruments on Child rights and formal and customary Justice for Children-Principles and Standards.;
• Provide technical legal support in the development of mechanisms on collaboration among the Justice for Children-system and child protection/social welfare system at national level, as a model.
• Provide technical legal support in the preparations of meetings, focus groups, consultations and continued coordination as appropriate with key stakeholders and beneficiaries in the five implementation sites to discuss, strategize and evaluate the implementation work. Consult children (and their families and communities) to take their views and concerns into account;
• Provide technical support to, capacity build and collaborate with a national consultant in country;
• Provide legal technical support on the development of guidelines for community-based networks on legal services and support structures;
• Develop training curriculums, training modules and tools for formal and informal justice actors on Child Act 2008, children’s rights, child sensitive procedures and juvenile justice, in close collaboration with the national consultant as well as relevant actors, institutions, CSOs etc.;
• Together with the national consultant, hold trainings, in country if possible, otherwise support remotely, for key actors from the five implementation sites, including UNICEF field colleagues, main partners, state government focal points, formal and informal justice actors etc.;
• In collaboration with the national consultant, provide technical support to Juba University in the collaboration with Juba University, including involving them in the development of the training curriculum on child rights and juvenile justice for legal and social work students, along with academic professionals and para-legal workers. Also, to provide technical support in the trainings based on the curriculum.
• Draft a report on the above-mentioned activities and their respective outcomes and present it to relevant stakeholders during workshop, to allow for comments and feed-back on findings. Then, deliver a final report. Material, tools, guidelines etc. need to be approved by MGCSW and UNICEF before finalized and validated.
Qualifications and Competencies

Qualifications desired:
• Advanced university degree in law, including international law; political science, social sciences or other relevant field, including studies of children’s rights and/or governance,
• At least 5 years of relevant work experience,
• Solid knowledge and understanding of co-existing legal systems; formal and customary systems,
• Proven expertise in governance matters and principles on children’s rights
• Solid knowledge and understanding of public consultations, interview techniques and consultations with youth and children, applying an inclusive approach,
• Ability to work together with government officials and representatives of authorities, preferably in the region,
• Knowledge of existing international, regional and national children’s rights frameworks,
• Ability to draft clearly and concisely ideas and concepts in written and oral form,
• Fluency in written and spoken English; any knowledge of relevant local languages is an asset, and
• Familiarity with South Sudan (culture, politics, society etc.) is an asset.

Skills and Philosophical Orientation:
• Belief in and commitment to gender equality,
• Belief in and commitment to human rights, notably women’s and children’s rights,
• Diplomacy and assertiveness; the ability to respectfully and carefully confront and discuss sensitive issues with a wide range of actors, groups, and individuals, and
• Sensitivity to and respect for a range of cultural beliefs.

Deliverables
The consultancy duration consists of a total of 120 working days starting 1 September 2020 to 31 May 2021. During COVID-19 the tasks will be carried out remotely. If the situation changes, the consultant is expected to do country visits as agreed.

Deliverables
Duration

Completed the conceptual framework for implementing the tasks, including the timelines for the different activities. To be approved by UNICEF and MGCSW. 5 14 September 2020
Completed the draft of the implementation and dissemination strategy on the Child Act 2008, the strategic framework on justice for children and the child-friendly version of the CRC 10 25 October 2020
Completed the draft of the amended Justice for Children Strategic Framework to send for review by MGCSW and UNICEF
5 16 November 2020
Completed the curriculums, training modules and tools on children’s rights, juvenile justice and the Child Act 2008. This also includes drafting a training plan for the trainings, including the relevant participants in the respective implementation sites.
50 8 December 2020
Prepare and arrange a validation workshop (with suitable modality due to COVID-19) of the drafted materials in Juba for the key actors
5 18 December 2020
Completed the guidelines for community-based networks on legal services and support structures
5 11 January 2021
Prepare and hold trainings (as possible) of the relevant actors, informal and formal, in the five implementation sites
10 26 March 2021
Developed mechanism(s) on collaboration among the Justice for Children-system and child protection/social welfare system at national level 10 7 May 2021
Complete the interim report on the assignment, including the specific tasks and an action plan and recommendations on the ways forward 5 14 May 2021
Arrange and hold a workshop for key stakeholders to present the draft interim report on the assignment to receive comments and feedback
8 28 May 2021
Submit final report 2 31 May 2021
Total 120
Estimated Duration of the Contract

1 September 2020 – 31 May 2021 (120 working days within the period)

Duty Station and Official Travel

Duty Station: Home-based, if possible with travels to South Sudan

UNICEF Supervisor

Child Protection Specialist

All applications should be sent online with in the link with detailed technical and financial proposal, applications without this component will not be considered.

Travel Clause
• All UNICEF rules and regulations related to travel of Consultants/ Individual Contractors apply.
• All travels shall be undertaken only upon the prior written approval by UNICEF.
• The eligible maximum amount for travel is specified in the contract.
• The consultant is responsible for his/her for travel arrangements. The most economic and direct route is authorized.
• Travel costs will be reimbursed after the completion of mission. UNICEF will pay the applicable DSA rate and other travel related expenses upon submission of the invoice together with the supporting documentation.

Nature of Penalty Clause in Contract
If the final reports and documents are not submitted according to the deliverables stated in this TOR, the payments will be withheld. UNICEF reserves the right to withhold all or a portion of payment if performance is unsatisfactory, if work/outputs is incomplete, not delivered or for failure to meet deadlines (fees reduced due to late submission: 20 days - 10%; 1 month -20%; 2 months -30%; more 2 months – payment withhold). All materials developed will remain the copyright of UNICEF and UNICEF will be free to adapt and modify them in the future.

Other

The consultant is expected to perform the above functions under difficult working conditions, related to office accommodation, procedures, workload, mobility, and institutional and personal safety. There is limited access to health care and recreational facilities, and this is compounded by potentially difficult and stressful conditions.

No contract may commence unless the contract is signed by UNICEF and the consultant

For every Child, you demonstrate…

UNICEF's values of Care, Respect, Integrity, Trust, and Accountability (CRITA) and core competencies in Communication, Working with People and Drive for Results.

The functional competencies required for this post are...

View our competency framework at

http://www.unicef.org/about/employ/files/UNICEF_Competencies.pdf

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 be expected to adhere to these standards and principles and will therefore undergo rigorous reference and background checks. Background checks will include the verification of academic credential(s) and employment history. Selected candidates may be required to provide additional information to conduct a background check.

Remarks:

Only shortlisted candidates will be contacted and advance to the next stage of the selection process.

Individuals engaged under a consultancy or individual contract will not be considered “staff members” under the Staff Regulations and Rules of the United Nations and UNICEF’s policies and procedures, and will not be entitled to benefits provided therein (such as leave entitlements and medical insurance coverage). Their conditions of service will be governed by their contract and the General Conditions of Contracts for the Services of Consultants and Individual Contractors. Consultants and individual contractors are responsible for determining their tax liabilities and for the payment of any taxes and/or duties, in accordance with local or other applicable laws.

Opening Date Wed Aug 05 2020 09:00:00 GMT+0300 (East Africa Time) E. Africa Standard Time
Closing Date Fri Aug 21 2020 23:55:00 GMT+0300 (East Africa Time)