National Individual Consultant to support the revision of the national legislation for enabling emergency response through Shock Responsive Social Protection

Contract

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UNICEF works in some of the world’s toughest places, to reach the world’s most disadvantaged children. To save their lives. To defend their rights. To help them fulfill their potential.

Across 190 countries and territories, we work for every child, everywhere, every day, to build a better world for everyone.

And we never give up.

BACKGROUND

According to the UNICEF guidance, ‘Social protection policies and programmes are most often designed to address typical risks faced by individuals and households along their lifecycle. ‘Shock responsive’ social protection aims to extend the types of risks covered to include additional challenges which often impact many households at once such as natural hazards, economic crises, and conflict that also play a critical role in determining life outcomes’.

The shock responsive social protection (SRSP) aims to contribute to efforts to enhance the capacity of shock-affected families and care givers to access goods and services essential for their wellbeing and that of their children. This outcome is intended to be achieved, among other things, through supporting governments to respond via adequate and appropriate cash transfer and social support programmes, as well as enabling them through establishing appropriate social welfare workforce.

In 2019 UNICEF Uzbekistan undertook assessment of preparedness of the national cash transfer programmes to respond to shocks. Readiness of the cash transfer programmes and that of the national humanitarian system was found to be low. Not only that, but the social protection functions were found to be disorganized and scattered across different agencies. Since 2019 UNICEF supported the government to undertake following reforms in social protection, inter alia:

• Development and national roll out of Single Registry of Social Protection - a national management information system. It implies an end-to-end digitalization of the processes related to applying, assigning and paying social benefits to low-income families.
• Redesigning child benefits for low-income families – by increasing both income eligibility threshold and eligibility age from 14 to 18, removing the cap of three children and increasing benefit levels by 20%.
• Introducing a monthly cash benefit at the amount of 500,000 UZS ($45) for full-time caregivers (parents and/or guardians) of children with disabilities.
• Building capacity of makhalla- (local community) and district-level social service workforce in implementing case-management-based social work practices.

These reforms resulted in increasing the number of families with children receiving social allowances from 580,000 to 1.6 million and additional 550,000 children received reformed child benefits. Moreover, establishment of a digital platform allowed the government to quickly expand both horizontally and vertically the existing cash transfer programmes during the COVID-19 pandemic in 2020-2021. Additionally, within this period the government undertook two one-off cash payments to children from vulnerable families.

Currently UNICEF is cooperating with relevant national line ministries in strengthening preparedness of social protection system to respond to shocks. In particular, UNICEF is supporting:

• Development and implementation of the digital module within Single Registry, which will allow launching and end-to-end administration of ad hoc cash transfers in response to shocks. The module will also have functionality in registering, undertaking needs assessment and referring individuals and families to social service providers. The module will be tested in two regions of the country by the end of 2022;
• Establishing a network of makhalla- and district-level social workers, who should become a part of routine system of social service provision, but also will be the social workforce mobilized during shocks to provide social services to the affected population. This workstream includes development of a digital module, personnel capacity enhancement and procurement of equipment. The system will be tested in two regions of the country by the end of 2022;

OBJECTIVES

UNICEF together with national partners is planning to undertake a desk review on national system readiness to activate emergency cash support protocols and development of a legal package based on international experience on building-in social protection programmes into the national humanitarian system.

For that purpose, UNICEF is seeking for the national legal consultant to support UNICEF, the Ministry of Emergencies, Ministry of Finance and relevant actors in analyzing existing laws and secondary legislation vis-a-vis the requirements for activating emergency modules of the Single Registry, draft relevant amendments to the existing or suggest and support drafting of new legal acts (as needed) in the area of Shock Responsive Social protection (which includes , road-map, institutional framework, SOP, etc.).

Stakeholder analysis and their role in Shock Responsive Social Protection (non-exhaustive list):

1. Government

• Ministry of Emergency Situations
• Minister of Public Health
• Ministry of Finance
• Ministry of Internal Affairs
• Ministry of Foreign Affairs
• National Guard
• State Customs Committee

2. Civil Society/NGOs

• ICRC (International committee of red cross)
• Red Crescent Society

3. Technical and financial partners

• UNICEF
• World Bank

• USAID

  4**. Private companies and others.**

Most Relative Regulatory Framework (non-exhaustive list):

- Law of the Republic of Uzbekistan dated August 20, 1999, No. 824-I “On the protection of the population and related threats of protection and man-made nature”

- Law of the Republic of Uzbekistan, dated September 17, 2010, No. 258 on amendments to the Law of the Republic of Uzbekistan "On the Protection of the Population and Territories from Natural and Man-Made Emergencies"

- Law of the Republic of Uzbekistan dated 02.03.2022, No.756 on amendments and additions to some legislative acts of the Republic of Uzbekistan in connection with the adoption of the Constitutional Law of the Republic of Uzbekistan "On State of Emergency"

- Decree of the President of the Republic of Uzbekistan, dated April 10, 2019, No. PP-4276 "on organizational measures to further improve the activities of the Ministry of Emergency Situations"

- Resolution of the Cabinet of Ministers of the Republic of Uzbekistan dated 29.12.2021, No 786 ‘On additional measures to improve the mechanisms for attracting foreign aid and the system of work with donors’

- Resolution of the Cabinet of Ministers of the Republic of Uzbekistan, dated August 26, 2020 No. 515 on further improvement of the state system of warning and emergency response of the Republic of Uzbekistan

SCOPE AND FOCUS of the assignment:

• Analyse the national legislation vis-a-vis the requirement of effective implementation of shock responsive social protection, including emergency modules of the Single Registry and identify laws (including secondary legislation) to be amended;
• Suggest amendments to the existing legislation and the development of new legal and regulatory acts (including secondary legislation) as needed;
• Draft amendments to the existing laws and new legal and regulatory acts (including secondary legislation) as needed;
• Participate in discussion of proposed amendments with the main stakeholders, subject experts and revise the package based on their comments;

TASKS, DELIVERABLES AND ESTIMATED TIMEFRAME:

• Analysis of the national legislation vis-à-vis the requirements of the shock responsive social protection - 15 days
• Review of the stakeholders, their roles and responsibilities, including the relevant legal and regulatory framework on the national emergency and shock response mechanisms - 10 days
• Review the capacity of the stakeholders and develop a roadmap for further actions - 15 days
• Draft amendments to the existing legislation and new piece of laws (including secondary legislation) as needed - 20 days
• Draft of Standard operating procedure (SOP) in Shock Responsive Social Protection - 20 days

The consultant will be hired for 6 months on a part time basis for up to 80 days. It is expected that the assignment will take place in the period July- December 2022.

Management

The assignment will be carried out under overall supervision of the Chief of Social Policy, while UNICEF Social Policy Officer will be a direct contact person for monitoring and coordinating the assignment within UNICEF. The consultant may be required to work with the Ministry of Finance, and Ministry of Emergencies of the Republic of Uzbekistan and other identified government institutions in the execution of this assignment. The consultant will work in Tashkent.

Resource requirements and payment

The consultant will be paid a daily fee negotiated between UNICEF and the consultant based on an initial offer of the consultant to be submitted with the application. The fee will be paid against the deliverables as defined by the current ToR. The deliverables will be refined during the course of work.

The consultant has no entitlement for annual leave, sick leave, maternity, adoption or paternity leave or any other kinds of special leave. UNICEF will not undertake any liability for tax, duty or other contribution payable on payments made under this contract. UNICEF will not issue a statement of earnings.

To qualify as an advocate for every child you will have…

• Advanced university degree in social sciences, a degree in law is an asset; • At least 5 years of professional work experience in legislative drafting; • At least 3 years of professional work experience in developing legislation concerning social protection, child rights or other related areas; • Excellent knowledge of the national legislation, the Convention on the Rights of the Child and other international instruments on child rights; • Excellent writing skills; • Excellent analytical and negotiating skills; • Excellent team working skills and respect for diversity; • Computer skills, including internet navigation, and various office applications; • Fluency in Uzbek, Russian and English; • Knowledge of Social protection and emergencies is an asset • Ability to work through networking and in partnership.

Previous experience in working with UN and/or international development organizations in a similar role is an asset.

Procedures and Working Conditions

The time required from the consultant will be as mentioned the section under Management above. The consultancy is office-based. The consultant will submit reports upon completion of deliverables with all quality as specified in the TOR. This will be done in consultation with Communication and Social Policy sections. Once all deliverables developed and submitted along with report and invoice, payment will be made.

No travel is envisaged under this assignment. In case of travel, expenses will be covered according to the UNICEF’s procedures. Consultant is responsible to pay to relevant government authority taxes or duties deductible from the earnings from this assignment. UNICEF undertakes no liability for taxes, duty or other contribution payable by the consultant on payments made under this contract. While contract would be in USD, however, all invoices and payments would be in local currency via bank transfer.

Reservations

UNICEF reserves the right to withhold all or a portion of payment if performance is unsatisfactory, if deliverable(s) incomplete, not finalized or for failure to meet deadlines. UNICEF will reserve copyright of all developed materials and own primary data collected through this assignment. The materials cannot be published or disseminated without prior written permission of UNICEF. UNICEF will be free to adapt and modify them in the future. The contractor must respect the confidentiality of the information handled during the assignment. Documents and information provided must be used only for the tasks related to these terms of reference.

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.

UNICEF undertakes no liability for taxes, duty or other contribution payable by the consultant on payments made under this contract.

For every Child, you demonstrate…

UNICEF's values of Care, Respect, Integrity, Trust, Accountability and Sustainability (CRITAS).

To view our competency framework, please visit here.

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 offers reasonable accommodation for consultants/individual contractors with disabilities. This may include, for example, accessible software, travel assistance for missions or personal attendants. We encourage you to disclose your disability during your application in case you need reasonable accommodation during the selection process and afterwards in your assignment.

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.

The selected candidate is solely responsible to ensure that the visa (applicable) and health insurance required to perform the duties of the contract are valid for the entire period of the contract. Selected candidates are subject to confirmation of fully-vaccinated status against SARS-CoV-2 (Covid-19) with a World Health Organization (WHO)-endorsed vaccine, which must be met prior to taking up the assignment. It does not apply to consultants who will work remotely and are not expected to work on or visit UNICEF premises, programme delivery locations or directly interact with communities UNICEF works with, nor to travel to perform functions for UNICEF for the duration of their consultancy contracts.