TERMS OF REFERENCE FOR CONSULTANT FOR CHILD RIGHTS GOVERNANCE SECTORAL INDEPTH ANALYSIS in SOMALILAND AND PUNTLAND


TERMS OF REFERENCE
TERMS OF REFERENCE FOR CONSULTANT FOR CHILD RIGHTS GOVERNANCE SECTORAL INDEPTH ANALYSIS in SOMALILAND AND PUNTLAND
  1. Background and Motivation
Child Rights Governance (CRG) is one of the thematic programme areas included in Save the Children’s Strategy 2010-15. It covers wide range of areas such as the progress in terms of implementing the General Measures of Implementation (GMI) of the UNCRC, status of the civil and political rights of children, the realization of the best interest of children through good economic governance practices, the quality and capacity of interaction of different stakeholders and others.
Save the Children’s CRG programmes are designed using three interrelated analytical tools. The first is a focus on strengthening the National Child Rights Infrastructure. This is also known as the General Measures of Implementation (GMI), which are the concrete steps set out by the UN Committee on the Rights of the Child to implement the Convention.
The GMIs include among others, ensuring legislation is fully compatible with the UNCRC, establishing coordination mechanisms within the government to ensure the implementation and monitoring of child rights instruments, child rights impact assessments of policy, law and programme, organizing comprehensive data collection systems, establishing independent child rights institutions and mechanisms to regulate non-state service providers, children’s budget and working with the civil society and other measures.
The second is a focus on key governance issues that are crucial for positive child rights outcomes. These covers, but not limited to, birth registration, political rights and freedoms of children; good economic management which takes the best interest of children in to consideration, social protection and others. The third component is related to the quality and capacity of engagement and interactions of diverse actors mainly the State, citizens (including children), non-state actors like CSOs, the religious institutions, private sector, media, academia, regional and international agencies, in promoting, respecting, protecting and fulfilling the rights of children.
To inform the development of CRG programme strategies, Save the Children’s country programmes should undertake CRG Analysis. This is done in two phases the first one - a preliminary analysis providing a comprehensive picture of the state of governance using the three analytical tools mentioned above. The second stage is an in-depth analysis of selected CRG issues, emerging from the preliminary analysis. Accordingly, SCI Somalia/Somaliland Programme has already conducted preliminary analyses of Somaliland and Puntland regions and now is in the process of making an in-depth analysis. This TOR is therefore developed to undertake an in-depth analysis on three critical issues identified from the first phase.
  1. Objectives of the CRG In-depth Analysis/study
2.1. Specific Objectives:
• To critically analyse budget allocation and implementation to children’s sector in Somalia and Puntland and thereby identify potentials, challenges (including institutional) and recommendations to ensure budget processes, decisions and outcomes take the best interest of children into consideration.
•To undertake a deeper study on the status of children’s and young persons’ active participation in social, economic, and political decision making processes in Somaliland and Puntland and thereby to identify key challenges and opportunities that hinder or promote the realizations of children’s participation in governance.
•To explore and understand the potentials and opportunities to work with traditional institutions for the realization of children’s rights in Somaliland and Puntland
  1. Scope of Work
In Somaliland and Puntland, a preliminary in-house analysis of critical issues pertinent to Child Rights Governance was conducted in September 2012. Based on the findings, the following three issues were identified for an in-depth analysis.
Investment in children – According to the findings from the preliminary analysis, children are not adequately visible in the national budgets of the two regions. Even more, they do not involve in budget processes as this is largely considered beyond their capacity. There is no mechanism to ensure that such processes take the best interest of children into consideration. Therefore, the budget process, its allocation and effectiveness in Somaliland and Puntland should be deeply studied using the child rights lens in order to ensure that the maximum possible amount of public budget goes to those sectors that benefit children. This in-depth analysis in investment in children mainly focuses on child budget analysis. The following are broadly the areas which this in-depth analysis will cover:
Are there laws and policies to establish children’s budget parameters? Does the government has the necessary capacity on child rights in budgeting? Does the annual budget show how much budget is allocated for children in each specific sector? What are the obstacles that prevent adequate budget allocation for children in each specific sector? Who are the actors working in this area? The in-depth analysis will also answer the following questions:
a). What is the overall climate (socio-economic context) for investment in children in Somaliland and Puntland?
• What are the characteristics of growth, employment and poverty? • How stable is the economy? • Are there national and sector development plans in place? • How participatory is the development of the plans and budget? • Were children involved in design and implementation plans affecting them and to what extent has impact on children been considered in the plans? • Are there major trends and chocks that could affect the potential for investment in children?
b). Financing investment in children • What are the main sources of national tax and non-tax revenues? • What proportion of the Government budget comes from taxes or non-tax revenues such as aid or licensing/extracting natural resources (currently such as minerals)? • How dependent is the government on external aid? Who are the biggest donors? Has the donor profile changed over recent years? How much influence do these donors have on government policy? • Has the government fulfilled the commitment to aid effectiveness that is made as part of international aid effectiveness agreement? • Have the major donors of Somaliland and Puntland fulfilled their international commitments related to improving aid? • How transparent are aid disbursements and financial management? What data and/or database are available to assess the balance of spending between domestic expenditure and different types of aid across the economy and in the sectors most important to children? • Have the governments of Somaliland and Puntland and donors created space for meaningful civil society participation in national debates about aid and development? • What percentage of the government budget has/is being spent on priority sectors for children? Are there any changes over time? • What is the balance between recurrent and development/investment spending in the budget?
c). Improving transparency of and accountability for investment in children • How accessible and transparent is information on policy and public finance? • How transparent and accountable is the government concerning its sources of revenue? (How accountable is local level administration, what level of planning and budgeting is controlled at district and local level? • Are affected people, including children and young people involved in planning and budgeting? And what is their capacity to be heard and influence decision making? •How do Somaliland and Puntland rank in the Transparency International Corruption Perceptions Index? •Which forms of corruption are the most prevalent and why? •Which children’s rights are not being fulfilled as a result of corruption? •Where can corruption be seen to affect access to basic services and how is it affecting quality of services?
Children’s civil rights and freedoms: Briefly, children’s civil rights and freedom is about taking an active part in society and ensuring that everyone has the knowledge and skills to understand, engage with and challenge the main pillars of the democratic society - politics, the economy and the law. Their rights to influence decisions in their school, community and society are not adequately respected and promoted and therefore much of the decisions and actions taking place in the public (at family level as well) sphere are made without considering their views and interests. Children are disenfranchised from decision making process. However, according to some studies carried out on the youth in Somalia in general, underline that the stability as well as development of the two regions partly depends on the investment done on this social group and especially by enhancing their active participation in social, political and economic processes. The in-depth analysis around this area will bring out the current state of children’s participation in the two regions, and the legal, policy and institutional factors affecting child and youth participation in Somaliland and Puntland. The analysis will also come out with recommendations for future programmes. The following will be some of the questions to be answered by the in-depth analysis • Are the civil rights and freedoms of children enshrined in the law? • Is there a national policy on children’s participation that ensures children’s access to information, support for children’s associations, and mechanisms for children’s expression and participation in the local and national governance so that they can influence practice and policy developments that affect them? • Do governments have legislation, policy and practice that promote children’s rights to information? • Is information about children’s rights made publicly available and in languages and terms that are accessible to children of different ages and backgrounds (including children with disabilities and children from different ethnic groups)? • Is reliable and independent information on range of issues affecting children’s lives (including policy documents) made accessible to children from a wide ranges of sources (radio, print, TV, internet etc)? • Can children from rural and urban areas access and use the media (eg radio, print, libraries, TV, the internet) etc) to express and communicate their views? • Do child-led organisations and children’s networks exist in country?
• Are children able to legally register their associations/organisations/networks? • Have participatory processes, mechanisms and systems for children’s participation in governance been institutionalised at the local, sub-national and national levels? Are these mechanisms working in emergency situations? • Are policies in place requiring that children’s views be taken into consideration when decisions are being made that may affect them (including, for example, in the planning and implementation of policies/programmes/legislation etc by government, in the courts in civil criminal proceedings, in care proceedings, in hospitals, in schools, in children’s homes, or alternative care settings, by civil society, by the media)? If not, what are the barriers, and how might they be overcome? • Are schools required to establish democratic councils? • Are safe mechanisms created to enable children to participate in political debates, election campaigning and/or other processes that influence political party agendas on issues concerning children? • Are all key government (including education, health, social welfare, planning and finance ministries) and non-state (including children’s NGOs, parent-teacher associations, youth groups, unions etc) stakeholders involved in decision- making at policy level? If not, Why not? • Are children’s organisations and network representatives included in broader civil society forums/networks? • Are inclusive children’s organizations and networks supported at local, sub-national, national, regional and /or international levels? • Are children’s representatives included in local governance and national governance mechanisms? • Are children consulted on local and national government legislation, policies, services and resource allocations; do their views have influence? • Do children (especially the most marginalized boys and girls) have the skills and competencies to have meaningful involvement in the participatory processes and mechanisms at local, sub-national and national levels? If not, why not? • Have government officials and CSOs been sensitized about the importance of children’s participation and civil rights? Do they proactively support and respect children’s active participation in practice and policy developments affecting them? If not, why not? • Do government officials (at local, sub-national and national levels) have the necessary skills to ensure effective participatory governance, public communication and participatory practices? • Are children able to influence the agenda of political parties? • Are children able to influence the agenda of civil society forums and networks? • Do children (from diverse backgrounds) have opportunities to use broad cast and online media to communicate their own views? • Who is working on these issues, and are there any gaps where no one s working? • What are the main obstacles to process in realizing the political and civil rights of children?
Potentials and opportunities to work with traditional institutions to promote children’s rights: In Somaliland and Puntland, traditional and religious leaders have substantial influence on governance processes. However, they are still at the periphery when it comes to promoting children’s rights due to various reasons such as lack of awareness, capacity limitation to engage with children’s issues, other priorities (such as security). The arenas they can be engaged in, on the other hand, are many like awareness raising, holding the government to account, resource mobilization etc. From this it is safe to conclude that good governance to children in Somaliland and Puntland can be improved partly if the issues of children are championed by this group.
The following are some of the points this in-depth analysis will find out: • What traditional institutions are there in a country? • What is the state’s relationship with traditional institutions? Are traditional/religious beliefs/systems codified in the constitution? What roles do traditional/ religious laws play in the legal system • Are traditional/religious institutions in country a positive or negative force for children’s rights? • How does the guidance or belief of the tradition/religion compare with the standards of the UNCRC or regional human rights instruments? • How does tradition/ the religion ‘see’ children, in the context of family, society, state? • Are there particular groups of children who are at risk because of traditional/ religious beliefs (eg. “Spare the rod, spoil the child”, “Children should be seen and not heard, girls status, unacceptability of homosexuality, reservations on freedom of belief etc).
• Are there any success stories of traditional/ religious institutions supporting children’s rights? • If there are incompatibilities, what impact have these had on children’s rights, and what has been/is being done about them?
  1. Methodology
The consultant/firm is expected to design a comprehensive research framework that includes all issues described in the key focus areas to meet the objectives of this CRG in-depth analysis. The consultant should work closely with Save the Children in undertaking the study covered by this TOR. Before commencing the study, an initial meeting between the consultant and Save the Children will be held and thereafter the two parties will meet on fortnight basis to assess the progress and challenges of the research. If considered appropriate, Save the Children would also attend interview sessions with informants. At the end of the consultancy, a meeting will be organized between the consultant and a broader group of staff from Save the Children in order for the consultant to present the draft report of the study.
4.1. Data collection methods/tools: could include desk review, key informant interview, and group discussions. Save the Children’s Child Rights Governance Initiative has developed a tool for CRG sectoral analysis called “Child Rights Governance Analysis Tool”. This tool should be used to inform the design of detailed data collection tools/methods. The final methodology will be decided after the consultant presented its technical proposal including sampling size per each targeted areas and study groups.
4.2. Data source: Both primary and secondary sources of information will be used to generate data and information for the analysis. The primary data will be gathered from key government ministries and bureaus, parliamentarians, UN agencies, bilateral donors, civil society organizations, and regional actors. The consultant should also gather data from children using child friendly tools and should ensure that their views and experiences are reflected in the analysis. The methodology should adequately describe what kind of data and information could be gathered from these sources. In addition, existing studies, legal and policy documents, different conventions, plan of actions, etc relevant to the analysis will be used as secondary sources of information.
Ethical considerations: Before interviewing or having discussion with children, the research team should secure children’s consent. The team must assure to the interviewees that no information would be disclosed without their prior permission. The consultant should avoid circumstances that may put the children in difficult situation. Moreover, while interviewing children, the interviewer (consultant) should not raise any issues that may harm the child’s emotional, psychological, and social wellbeing.
  1. Expected output
A report of maximum 50 pages covering the issues raised in these TOR and with recommendations on how Save the Children could develop its CRG programme.
The consultant/firm is expected to come up with the reporting outline while submitting the technical proposal, but the outline should at least include the following: • Executive Summary • Introduction/background (including the objectives of the study) • Methodology
• Findings/Results and Discussions • Conclusion • Recommendations • Appendices
  1. Timeframe
The consultancy work will take a total of 55 days. Detailed work schedule will be included in the technical proposal and later approved by Save the Children. The following is a tentative schedule for undertaking the assignment at each step.
• Selection of a consultant/firm January 24, 2013 • Signing an agreement with a consultant/firm (January 29, 2012) • Submission of consultant’s technical (including detailed data collection tools and instruments) and financial proposal ( February 5 , 2013) • Data collection including training of enumerators ( February, 11 – 25 ) • Consultant submit first draft of the report: (March 5 , 2013) • Internal review meeting (feedback) by Save the Children: (March 14, 2013) • Consultant incorporates comments and submit final report: (March 19, 2013)
  1. Roles and Responsibilities
7.1. The consultant will have the following key responsibilities.
•Prepare and submit proposal that incorporates the methodology (research design including data collection methods and tentative work schedule, etc), •Prepare inception report right away beginning of the research task, •Collect primary and secondary data for the study, •Incorporate all viable comments by SC and revise, •The consultant must have has his/her own team members, he/she should explicitly state their roles and responsibilities in the process of the study. •Prepare and submit all the deliveries based on the schedule and as per the expected standard if qualities. 7.2. Responsibilities of Save the Children
•Provide comment on and approve the study design, and the draft study report. •Provide support letter to the consulting firm that would permit him/her to get permission/acceptance and support from informants at different levels throughout the process of the assignment. •Supervise and support the whole process of the assignment from the beginning till its completion. • Ensure that the comments given on the draft report are fully incorporated in the final analysis report.
  1. Competencies of the Consultant/firm
The team of consultants and research institutions interested in conducting this consultancy should have a mix of the following qualifications:
• Degree in governance, human rights, law, economics and policy studies, social sciences and/or development studies. Consultants comprising of team members from the above disciplines are more preferable. • Proven experience in conducting research on children’s rights and/or governance issues in Africa, that may include General Measures of Implementation and other similar tools, • Proven experience in data collection and analysis including data from children, • Experience from working with human rights/child rights and good governance,
• Proven experience in applying participatory tools especially when interviewing/collecting information from children, • Fluency and proficiency in written and spoken English, excellent report writing and communication skills,
  1. Application Requirement
Interested consultants/consulting firms who would like to apply for the consultancy work should submit or fulfill the following application requirements:
• Expression of interest: - a cover letter with a maximum of two pages which introduces the consulting firm/company/consultant with an expression of interest to carry out the work as described in this TOR. • Technical proposal: - This should include, but not limited to, understanding of the TOR, methodology (data source, gathering procedure and techniques; and data analysis techniques) and tentative work plan. The consultant should clearly indicate the relevance of his/her previous experiences and the application of these methods to the study. • Financial Proposal: - This includes the total financial requirement to carry out the consultancy work including the detail break down of costs for each activity to be accomplished.
CHILD SAFEGUARING POLICY: • Any employee, consultant, contractor or the supplier undertaking an activity on behalf of SCI must sign the Child Safeguarding - Declaration of Acceptance Form] and comply with the SC UK’s Child Safeguarding Policy which is a statement of SC UK’s commitment to preventing abuse and protecting children with whom it comes into contact.
• This extends not only to children with whom SC and its partners work directly, but also includes children whom staff are responsible for. SC believes that the situation of children must be improved through the promotion of their rights supported and demonstrated by all members of staff. Save the Children's Code of Conduct sets out the standards which all staff members must adhere to.
Applications with non-returnable copies of CVs, testimonials should be submitted on or before 18TH January, 2013 and via email to vacancies@scsom.org
How to apply:
Application sent to : vacancies@scsom.org
TERMS OF REFERENCE FOR CONSULTANT FOR CHILD RIGHTS GOVERNANCE SECTORAL INDEPTH ANALYSIS in SOMALILAND AND PUNTLAND TERMS OF REFERENCE FOR CONSULTANT FOR CHILD RIGHTS GOVERNANCE SECTORAL INDEPTH ANALYSIS in SOMALILAND AND PUNTLAND Reviewed by Unknown on 8:54:00 AM Rating: 5

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