Legal Framework Consultant

Request for Offers

Terms of Reference for assignment:

Review national legislations on the Right to Education in order to better align with SDG 4 commitments and revise the draft bylaws for the General Education and  Higher Education Laws

Offer Reference:   RAM/2018/ED /SE/441

Contract performance period: 25  Ocober 2018 to 30 March 2019

Deadline to receive offers:  20 October 2018 midnight Ramallah time

• Background

Based on a request from the Ministry of Education and Higher Education (MoEHE), UNESCO Ramallah Office, is planning to support the MoEHE to review the Education and Higher education Laws which were recently adopted with the view to further prepare the bylaws determining their alignment and compatibility with international human rights instruments and their provisions for Inclusive Education including Gender Equality, aligning with SDG 4 targets for 2030. This positive dynamic follows the recent ratification of Palestine to  the UNESCO 1960 Convention against Discrimination in Education (April 2018).

The Sustainable Development agenda sets a new transformative and universal vision of education for the next twelve years, ending in 2030, with Sustainable Development Goal 4 (SDG4) calling upon States to “ensure inclusive and equitable quality education and promote lifelong learning opportunities for all”. This commitment provides a valuable opportunity to stress the role of education as a main driver of development and its contribution in achieving other SDGs.

While governments bear the main responsibility for making progress towards SDG4, one of UNESCO’s key responsibilities, as mandated by Education 2030 Framework for Action, is to provide capacity development to countries undergoing this process. As a response, UNESCO’s Capacity Development for Education Programme (CapED) launched an SDG4 pilot programme in 11 countries to help operationalize SDG4 at country level. In addition to develop national capacities to integrate SDG4 commitments into national policies and to monitor progress towards national and SDG4 priorities, the pilot aims to strengthen the Right to Education in countries by, in particular, identifying gaps between national education policies and national legislation.

Rationale:

The SDG4-Education 2030 was framed with the right to eEucation at its core and the objective of leaving no one behind. The universal commitment to the objectives of SDG4 should now translate into concrete national level action, notably through appropriate legislative reforms supporting the right to Education.

Although SDG4 does not in itself establish legal obligations for countries, it calls for a comprehensive and holistic approach to education, including the adoption of legislative measures. This provides a vital opportunity to further link policy and legal reforms, as it is requested by the UNESCO Strategy on Education-related Standard-setting instruments (2016-2021), and to ensure practice evolves accordingly. Legal gaps resulting from incomplete or obsolete national legal frameworks can be detrimental to the efforts made towards achieving SDG4 and securing the right to education for all.

Objective:

A background country report examining the instrumental role that legislation on the right to education can play in view of achieving the SDG4 targets in beneficiary countries is produced. It does so by reviewing the national legal framework relating to the right to education, and on the basis of identified legal gaps, suggesting conclusions and recommendations intended to serve as a basis for national discussion and to inform national debates on future legal reforms.

In addition, based on the request of the Ministry of Education and Higher Education,  the draft bylaws for the two laws adopted (General Education Law and the Higher Education Law) will be reviewed for Palestine based on the review of the laws and consultation with the MoEHE and relevant stakeholders.

Methodology for the preparation of background reports:

A review of national legal frameworks relating to the SDG 4 targets is carried out in collaboration with the Right to Education team of UNESCO HQ, adopting a rights-based approach. The analysis and the recommendations formulated for each country aim to demonstrate that reinforcing the national legal framework (if fully implemented) can highly contribute to reaching SDG4 targets and securing the right to education for all.

Structure of reports

The consultant shall prepare two separate reports both in Arabic and English languages;

1.  The revised by laws for General Education and Higher Education Laws. The structure of this report will be decided in consultation with MOEHE.
2. Review of the national legislations on the right to education in order to better align with SDG 4 commitments which should  include the following sections:

• Section 1 presents the main features of the national legal framework relating to education and the SDG4 targets
• Section 2 summarizes the most recent and relevant country-specific observations and recommendations made by UN human rights bodies
• Section 3 provides the key findings of the analysis: gaps related to the legal framework and possible recommendations to improve the country’s compliance with international standards (priority areas).

In addition, a summary of the key provisions set by international and regional human rights treaties is included in the annex. This detailed table outlines the relevant state obligations that can be related to SDG 4 targets

• Sources of information and limitations

Research and analysis for these reports relies heavily on the availability of information and official texts.. Furthermore, instable national political contexts may add another barrier to the full access of key documents and resources.

Using the Guidelines for Review of right to education in national systems, the reports will draw on country profiles available on UNESCO’s Observatory on the Right to Education, national reports submitted within the framework of the periodic consultations on UNESCO’s Convention against discrimination in education, reports submitted to, as well as recommendations and observations made by, UN Human Rights Bodies, and Global Education Monitoring Reports, amongst other reliable sources of information.  

Further research and analysis is needed to  explore the legal implications of the other SDG4 targets and related areas, covering the right to education comprehensively (encompassing aspects relating to other levels of education, financing, governance, private provision, etc.).

Tasks and methodology

In this context, UNESCO seeks to hire an expert in order to strengthen the national legal framework of Palestine through the following actions:

1. In close collaboration with UNESCO HQ, provide support to review the national constitutional, legislative and policy frameworks in Palestine within the framework of key provisions set by international and regional human rights treaties global normative instruments and examine additional sources of information regarding national education systems in the Arab region including UN country reports submitted to UN Treaty Bodies.
2. Review existing Education and Higher Education laws together with UNESCO HQ and MOEHE as relevant.
3. Work closely with the committee coordinated by MOEHE comprising representatives from the Ministry of Education and Higher Education, UNESCO, and Human Rights institutions established for overall guidance and advice for the formulation of bylaws.
4. Review the draft bylaws prepared by the Ministry of Education and Higher Education and provide feedback in close collaboration with UNESCO HQ.
5. Recommending the preparation of more bylaws according to the two laws
6. Facilitate two  workshops (one in Novemberto focus on general education and the other workshop in December  to focus on Higher Education) organized by the MOEHE for obtaining feedbacks, suggestions on the draft bylaws and prepare, in liaison with UNESCO HQ, recommendations based on the workshop findings aligning with international treaties, national laws and Vision and mission on right to education.
7. Ensure bylaws are developed including suggestions regarding the way forward for Palestine on the provisions of international human rights instruments and the agreed review of legislation.
8. Produce two separate  reports, one for the revised national legislations on the right to education in order to better align with SDG 4 commitments and the second for the by-laws of the Education and Higher Education laws  both reports should include challenges, risks, gaps and recommendations.

جميع الحقوق محفوظة لموقع جوبس.

Minimum qualification:

Qualifications

• Advanced university degree in Law, including preferably Human Rights and Education.
• Previous experience in drafting legal framework and laws, preferably in the Arab Region.
• Strong knowledge of the Palestinian context.

Languages

Excellent knowledge of Arabic and English (written and spoken).

Duration: (25 October   2018 – 30th March 2019)

Remuneration: 10000 USD (lump sum) to be paid on two installments

The report  should be written both in the Arabic and English languages, working document will be in Arabic to be translated into English language

The length of study should be minimum 20 pages (A4), excluding the bylaws and the annexes and references.

-Transportation and travel expenses required for the case study in addition to translation are inclusive within the total budget.

All original offers are to be dated, stamped and signed on each page, enclosed in a sealed

Envelope and delivered BY HAND or scanned to pdf and sent by email with the heading:

“Reviewing national legislations on the right to education in order to better align with SDG 4 commitments and revise the draft bylaws for the General Education and the Higher Education Laws

The Finance and Administrative Officer, UNESCO Ramallah

35 Al – Ahliya College Street

Ramallah, Palestine

[email protected]

Received, by the 20th of October 2018, subject to the following:

1- Send formal offer proposal on company letterhead, dated, signed and stamped with clearly

2- Each proposal must be attached to a copy of this offer (which must also have the stamp and

signature of the supplier on each page as acknowledgement of the terms of offer)

3- All offers must include the following certification -

“All the goods/services to be provided under the terms of this offer are available and the

company/individual holds a bank account in the same name as indicated on the letterhead or

offer”

4- Full company profile or curriculum vitae/s detailing the previous experience, references or links and

services offered (max two pages).