Terms of Reference for the Recruitment of Legal Expert for Drafting of Comprehensive Disability Proclamation for Ministry of Labor and Social Affairs (MOLSA)

INTRODUCTION

In recognition of fundamental rights of persons with disabilities and significant roles persons with disabilities could play in the economic, social and political spheres, the Ethiopian Government has already ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Committed to enforce the convention, the government has legally mandated Ministry of Labor and Social Affairs (MOLSA) to Ensure the benefit of PWDs from equal opportunities and full participation, inter alia, through legislative measures. MOLSA is thus working for the creation of an inclusive environment by issuing a ‘Comprehensive Disability Proclamation’. This has been also under decades-long-aged disability-advocacy by persons with disabilities, Ethiopian Center for Disability and Development (ECDD) and Federation of Ethiopian Association of Persons with Disability (FEAPD) to be taken as a significant legislative measure on the part of government. 

Federation of Ethiopian Associations of Persons with Disabilities (FEAPD), as umbrella organization of persons with disabilities, has become the common voice of persons with disabilities in Ethiopia. FEAPD strongly believes in the formulation of a Comprehensive Disability Proclamation to improve the quality of the lives of persons with disabilities.

Ethiopian Center for Disability and Development (ECDD), established in 2005, is committed to promote and facilitate the inclusion of persons with disabilities and disability issues in mainstream service delivery and development programs envisioning an Inclusive Ethiopia where persons with disabilities exercise the same rights and have access to the same services and opportunities enjoyed by other citizens. Realizing the necessity of having a Comprehensive Disability Proclamation for the promotion and protection human rights of persons with disability, ECDD has agreed to support the drafting of the proclamation through one of its six program priorities, namely “The rights of persons with disabilities”. 

Pursuant to Article 4 (3) of the CRPD, States Parties are required to closely consult with and actively involve persons with disabilities in the development and implementation of legislation and policies to implement the Convention, and in other decision-making processes concerning issues relating to persons with disabilities. In compliance with the convention, the “Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 1097/2018 ” has mandated Ministry of Labor and Social Affairs (MOLSA), under Article 29, to work in collaboration with the concerned bodies to enable persons with disabilities benefit from equal opportunities and full participation. Accordingly, synergy between MOLSA, FEAPD and Ethiopian Center for Disability and Development (ECDD) has been created to ensure preparation of comprehensive and quality Disability Proclamation on a participatory basis.

DEVELOPMENT OF COMPREHENSIVE DISABILITY PROCLAMATION

In fulfilment of the obligations under the convention, the government enacted “The Right to Employment of Persons with Disabilities Proclamation No. 568/2008”. This proclamation was promulgated with a view to providing detailed implementation guidance to the socio-economic rights of persons with disability enshrined in the convention. Many scattered provisions in different laws also tried to address the rights of persons with disability provided in the convention. Nonetheless, they are, including the constitution itself, either insufficient or discordant with the purpose of the convention, which is “to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity”.

During series of discussions between MOLSA, FEAPD, ECDD and other disability networks, it was made clear that there should be no more delay to embark on drafting the proclamation. It has been more than a decade since the Ethiopia ratified the convention; and the enactment of the proclamation aimed at enforcing the convention was supposed to follow immediately thereafter.

While the government started mainstreaming the issue of persons with disabilities in different policies and strategies so far, it urgently needs to enact the proclamation to enforce both the convention, the policies and the strategies. This commitment has been also maintained in 10 years plan of the Ministry of Labor and Social Affairs. ECDD agreed to technically and financially support the development of the proclamation. Consequently, lead legal expert on disability and disability law is required to draft the proclamation.

OBJECTIVES OF THE ASSIGNMENT

 The initiative has the overall objective of contributing to the creation of an inclusive and accessible environment for people with disabilities.

The specific objective of the assignment is to support MOLSA in drafting a Comprehensive Disability Proclamation.

 SCOPE OF THE WORK

In delivering the objectives stipulated above, this assignment will be performed within a period of approximately 75 days. The scope of the assignment will include the following elements:

• Conduct a doctrinal and empirical Assessment of the existing laws—including the scattered ones—aimed at addressing the issues of persons with disabilities. The assessment should include, inter alia, a desk review of relevant documents, consultations with persons with disabilities, organizations of persons with disabilities (OPDs) relevant departments of MOLSA and other ministries.

Draft the proclamation: The result of the assessment under Step 1 is expected to provide the basis for developing effective and Comprehensive Disability Proclamation. The drafting of the Proclamation should take into consideration the following:

1. Reflect the purpose and fundamental principles enshrined in the convention,
2. Written in a simple but legally correct manner whilst respecting the basic principles, elements and presentation of a standard legal instrument,
3. Reflect the commitments of government of Ethiopia and persons with disabilities aligned to their roles and findings from the assessment;
4. Unequivocally incorporate and prevent ambiguities in interpreting the general and substantive provisions of the convention.  

• Present the Draft proclamation in a Validation Workshop: The lead legal expert will present the different sections of the draft proclamation in two validation workshops (two days each) to be organized by MOLSA. This is an opportunity for the experts to validate the comprehensiveness of the proposed proclamation and its compatibility to the convention as well as to gather inputs with a view to further improving it. In this workshop, MOLSA’s technical staff, relevant Experts at ECDD and FEAPD, government institutions and representatives of persons with disability of various type are expected to participate.  
• Revise and Submit Final draft proclamation: Using inputs from the validation workshops, the Legal experts will prepare and submit the final draft proclamation to MOLSA, ECDD and FEAPD. 

RESULTS AND DELIVERABLES

The Legal experts will develop effective, simple, and relevant proclamation in English, which is later translated into Amharic. The specific deliverables of this assignment are as follows:

1. An assessment Report, including a Workplan based on the initial briefing submitted by the experts;
2. One Draft proclamation drafted in Amharic;
3. Presentation of the proclamation at Validation Workshops and facilitation of discussions thereon (in Amharic);
4. Submission of one final draft proclamation;
5. Final report on the assigned tasks

MANAGEMENT OF THE ASSIGNMENT

Responsibility

The development of the proclamation is a result of collaboration between MOLSA, ECDD and FEAPD. MOLSA’s Disability Directorate will be the focal point for this work. Thus, the experts will first report to MOLSA’s Disability Affairs Directorate Director on all technical aspects of the assignment. ECDD’s ‘Disability Rights’ team and FEAPD will also work closely with the experts and MOLSA’s directorate in question in supporting, Monitoring and Evaluating the development of the draft proclamation in accordance with the principles of legal drafting and the convention. Formal acceptance of the draft comprehensive disability draft proclamation by ECDD and FEAPD will only take place after approval by Disability Affairs Directorate at MOLSA.

Logistics and Timeframe

Location

The operational base for the lead legal expert will be MOLSA’s HQ in Addis Ababa. No travel is anticipated as part of this assignment. The experts team may also visit associations of persons with disabilities, disability focused CSOs and stakeholders’ offices for discussions, reporting, interview and review of relevant documents.

Start date & Number of Days

This assignment is expected to commence on 11 April 2021 and complete on 21 June, 2021. A total of 70 calendar days are allocated for the whole assignment. 

Job Requirements

Required qualifications and skills:

• At least a Master’s degree in Law, preferably in Law of Human Rights with ‘disability law’ courses therein
• Fluency in written and spoken Amharic and English
• Excellent communication and presentation skills
• At least 6 years of working experience in Ethiopia, preferably as disability rights advocate, academician, legislative drafter, prosecutor, judge or lawyer
• Adequate legal knowledge on the convention, domestic legislations, and sound knowledge of comparative foreign disability laws.
• Understanding of the legal framework and practice of the legislative process in Ethiopia
• Experience working in a team environment, able to receive feedback constructively and respond quickly and adequately
• Experience in drafting laws, in particular on disability-related areas8. MONITORING AND EVALUATION

The key performance indicators for this contract shall be the quality and timely submission of the required reports and deliverables in adherence to the agreed timeframe. The indicators of performance include:

• Completion of the deliverables listed in this TOR and the prospective contract between MOLSA and the experts to the satisfaction of MOLSA, ECDD and FEAPD with respect to the quality and timeframe;
• Ability and speed of response to the needs of MOLSA, ECDD and FEAPD within the framework of this assignment;
• Reading of, and response to, the existing and emerging context in delivering the assignment.
• All reports and required deliverables must be submitted electronically via email to the MOLSA’s focal Directorate, ECDD and FEAPD via emails that will be eventually assigned for this purpose. 

How to Apply

Applicants interested in bidding for this consultancy has provided the aforementioned items within 5 days of this announcement to the following email address: in ethiojobs.net, or HRecdd@ecdd-ethiopia.org  or through postal address P.O.Box- 1530 Code 1250 Or in person at the ECDD head office located Addis Ababa, Meskel Flower Road, Behind Dreamliner Hotel. For any question, please contact us at Tel, Office: 0114165859 / 0912703327

Note: Only short-listed candidates will be contacted.

Deadline:  five (5) calendar days following the posting of this announcement

Professionals with disabilities, especially women are highly encouraged to apply.