National Legal Consultant – To review the existing Honiara, Gizo and Auki Central Market Ordinances, UNW Solomon Islands

Background

Background 

UN Women, grounded in the vision of equality enshrined in the Charter of the United Nations, works for the elimination of discrimination against women and girls; the empowerment of women; and the achievement of equality between women and men as partners and beneficiaries of development, human rights, humanitarian action and peace and security.

The Fiji Multi Country Office (MCO) covers 14 Pacific countries, with field offices/presence in 6 countries, and six ‘focus countries’ (Fiji, Vanuatu, Solomon Islands, Kiribati, Tonga and Samoa). Each field presence is led by a national Country Programme Coordinator with a Programme Officer in Tonga. UN Women, in partnership with Pacific Islands Governments, regional organizations, CSOs, donors and UN agencies, focuses on delivering within four interlinked programme areas:

• Women’s Political Empowerment and Leadership (WPEL)
• Women’s Economic Empowerment (WEE)
• Ending Violence Against Women and Girls (EVAWG)
• Gender and Protection in Humanitarian Action (GPiHA) and Disaster Risk Reduction

The Markets for Change [M4C] project aims to promote gender equality and economic empowerment of market vendors, with specific attention to the needs and aspirations of women market vendors. The M4C is a six-year project started in 2014 to 2021 across Fiji, Solomon Islands and Vanuatu.

The key M4C outcomes comprise the following:

1. Inclusive, effective, and representative marketplace groups are further enabled and recognized.
2. The socio-economic security of women market vendors is improved.
3. Local governments, market management and other decision-makers are gender responsive, effective and accountable to women market vendors.
4. Physical infrastructure and operating systems are improved to make markets more gender-responsive, safer, more accessible and resilient to disaster risks and climate change.

The Markets for Change Project follows a Human Rights-Based Approach, working with rights-holders (market vendors, with a particular focus on women market vendors) and duty-bearers (market management, local government). Following a rights-based approach, the Project seeks to address the multiple and intersectional barriers which women face in advancing economically. These include leadership and political participation, social norms around economic agency and voice, financial inclusion and removing barriers to finance, increasing vendors skills and capacities, increasing women’s voice and participation and strengthening gender-responsive actions on climate change and disaster preparedness, infrastructure development and disaster preparedness activities. The Project’s success is contingent upon the full range of activities being supported in recognition of the intersectional barriers in advancing Women’s Economic Empowerment (WEE).

Women’s economic empowerment is central to realising women’s rights and gender equality. Empowering women in the economy and closing gender gaps in the world of work are key to achieving the 2030 Agenda for Sustainable Development[1] and achieving the Sustainable Development Goals, particularly Goal 5, to achieve gender equality, and Goal 8, to promote full and productive employment and decent work for all; also Goal 1 on ending poverty, Goal 2 on food security, Goal 3 on ensuring health and Goal 10 on reducing inequalities. UN Women has a global mandate to implement innovative programmes targeting women’s empowerment and gender equality, including Women’s Economic Empowerment (WEE).

M4C is implemented by UN Women in partnership with UNDP with funding support from the Governments of Australia, Canada and New Zealand.

The Situation in Solomon Islands

The informal sector is estimated to generate 85% of all economic activity in Solomon Islands, and in this sector women predominate. ?Marketplaces serve as important drivers of local economic development. Indeed, in Honiara the annual turnover at the Honiara Central Market is between US$10-16 million.

In Solomon Islands, women make up over 80% of all market vendors, and rely heavily on vending to meet livelihood needs. Women tend to enter the informal economy due to the many barriers they face in the formal economy, including difficulty in securing business opportunities, constraints in accessing affordable finance, limitations in business growth, lack of legal protections, and lack of social protection, among other problems[2]. Beyond these direct business constraints, there are a wide range of limitations around social norms, gendered roles and responsibilities that place a heavy burden on women, and gender-based violence, among others. For the informal sector, despite easy entry and a certain flexibility, downsides to market vending include long hours, difficult working conditions, an unsafe and unhealthy working environment, lack of social and legal protections, absence of professional development opportunities to increase skills and knowledge, and the absence of voice in decision-making around policies and legislation that affect their lives.

With the emergence of COVID-19 and measures implemented under the State of Public Emergency, there have been significant impacts on both formal and informal markets with the temporary closure of selected public places including informal and satellite markets and restrictions on some market sectors in formal markets. A survey of market vendors by M4C found that 92% of market vendors reported a significant drop in income, and none had been able to secure finance from Government.

Context of the engagement and background:

Under outcome three of the project, M4C works with Honiara City Council, Malaita Provincial Government and Western Provincial Government to strengthen and streamline and ensure market management and other decision-makers are gender responsive, effective, and accountable to women market vendors. This approach calls for a review of the respective market ordinances. Current market ordinances for Honiara and Gizo markets are outdated and vendors selling certain products at the market are illegally selling in those markets. Also, with the establishment of the Market Vendor Associations there is a need to streamline and harmonize roles and responsibilities. Auki central market on the other hand has a draft market ordinance which has been sitting with the Attorney General’s Chambers and needs to be reviewed and facilitated for gazetting.

During various Project Management Committee meetings issues have been raised that would best be addressed through a review of the market ordinances. This has led to requests from market authorities to M4C to assist with the market ordinance reviews to be inclusive of current needs and also to harmonise the process for all parties involved in the markets.

Honiara, Auki, and Gizo Markets have their own town councils and market authorities hence this will require review of all three existing market ordinances and facilitation for gazetting.

The consultant will be required to: conduct a desk review on existing market ordinances and other good practices from produce markets in the Pacific; conduct stakeholder consultations and validation workshops for the specific market ordinance target stakeholders; and to ffacilitate the legislative process of drafting and gazetting of the market ordinances.

[1] https://www.unwomen.org/en/what-we-do/economic-empowerment/facts-and-figures

[2] https://www.adb.org/sites/default/files/publication/445821/women-business-pacific.pdf. This report offers insights into a wide range of constraints that extend beyond the informal sector that also undermine the lives and livelihoods of women in the informal sector.

Duties and Responsibilities

Objectives of the assignment

The key objective of the assignment is to review and propose updates to the three market ordinances.  The proposed updates should:

1.  Take into account how the newly created Market Vendors Associations can be institutionalized in the market ordinances, to ensure sustainability of the governance system.
2. Include broader updates to reflect good practice in market management, and the views of the relevant government agencies
3. Ensure market ordinances promote women’s economic empowerment visions and gender equality sensitive to cover a wide spectrum of needs of women vendors.
4.  Ensure the respective market ordinances are needs based and capture anticipated future needs.

Scope of Work/Duties and Responsibilities

Under overall guidance of the UN Women Deputy Representative and direct supervision of the Markets for Change Solomon Islands National Project Coordinator, in close consultation with the respective market authorities and government agencies, the consultant will perform the following tasks:

• Conduct a desk review on existing market ordinances in Solomon Islands and other good practices from produce markets in the Pacific.
• Conduct three separate consultations with stakeholders in Honiara, Gizo, and Auki Markets on the existing market ordinances.
• Draft updates and amendments to the existing market ordinances in line with consultation from stakeholders, best practices around the region and direction from the relevant government agencies.
• Conduct three separate validation workshops for all three market ordinances in Honiara, Gizo and Auki respectively.
• Produce revised updated and amended market ordinances based on the validation workshops and facilitate submission to Attorney General Chambers in consultation with respective market authority legal persons.

Duration of the Assignment

The total duration of the contract assignment will be for up to 40 working days within a 3-months’ period, effectively from April (or as soon as possible) till July 2021.

The assignment envisages four Provincial missions to Gizo (two missions) and Auki (two missions).   The indicative schedule of missions is end of April- early May 2021 and early June to mid-June 2021 (subject to confirmation).

Expected Deliverables

The Consultant is expected to deliver the following outputs.

No.	Deliverables	Approximate no. of days	Timeline
1.	Desk review of existing market documentations and good practice for produce market management in the Pacific.   Draft report on findings (up to 10 pages).	Up to 5	May
	20% Deliverable 1: Desk Review Report		May
2.	Stakeholder consultation for Honiara Central Market.	Up to 5	May
3.	Stakeholder consultation for Gizo Market [including travel days].	Up to 5	June
4.	Stakeholder consultation for Auki Market.	Up to 5	June
5.	Write up on findings / preparation for validations.	Up to 5	June
	40% Deliverable 2-5: 3 x Stakeholder Consultations Report on findings Preparations for Validation		June
6.	Validation workshop in Honiara.	Up to 1	June
7.	Validation workshop in Gizo.	Up to 2	July
8.	Validation workshop in Auki.	Up to 2	July
9.	Final write-up of Report and submit final copy.	Up to 10	July
	40% Deliverable 6-10: Validation Workshops and Final Report		July (1 week before 21st July)
	Total	Up to 40 days

All the documents, including the interview tools, training materials and reports should be submitted in and written in English language.

All the deliverables should be agreed with UN Women and be provided in English hard and electronic copy.

Inputs

• UN Women will provide the Consultant with background materials for the desk review.
• UN Women will cover the costs for four (4) Provincial Missions, including cost of flight and Daily Subsistence Allowance (DSA) for Gizo and Auki as per standard UN rate.
• The Consultant is expected to work remotely using her/his own computer but may access the UN Women Office for printing of relevant documents or should he/she be required to work on-site at any point during the assignment.

Performance evaluation

• The Consultant’s performance will be evaluated based on timeliness, responsibility, initiative, communication, accuracy, and quality of the products delivered.

Financial Arrangements

Payment will be made in 3 (three) installments and will be authorized upon submission and approval of deliverables and certification by the M4C Solomon Islands National Programme Coordinator that the services have been satisfactorily performed. Payment is paid in the following:

1. 20 % payment upon completion of the Desk Review Report
2. 40% upon completion of deliverables 2 -5
3. Final 40 % upon completion of deliverables 6-9

Travel

• UN Women will not cover transportation cost within or to Honiara. 
• No DSA or relocation costs will be provided for the position. 
• Applicants are expected to reside in Honiara, or to be able to meet their own relocation costs if they are based in Solomon Islands outside of Honiara.
• Travel costs outside Honiara will be covered separately by UN Women with prior approval. 
• During the consultancy assignment’s related missions, UN Women will cover travel cost for the Consultant for the agreed upon route and in conformity with UN Women applicable rules and regulations.

Competencies

Core Values

• Respect for Diversity;
• Integrity;
• Professionalism.

Core Competencies

• Awareness and Sensitivity Regarding Gender Issues;
• Accountability;
• Creative Problem Solving;
• Effective Communication;
• Inclusive Collaboration;
• Stakeholder Engagement;
• Leading by Example.

Functional Competencies

• Ability to think conceptually, strategically and analytically;
• Demonstrates strong oral and written communication skills;
• Consistently approaches work with energy and a positive, constructive attitude;
• Results oriented, flexible and problem-solving skills.

Required Skills and Experience

Required experience and qualifications

The Consultant should fulfil the following requirements:

Education:

• Master’s degree or equivalent in Law, Gender Studies, Social Science or other related field is required.
• A first-level university degree with 2 additional years of progressively responsible experience at the national and/or international level in the legal environment, gender work, project / programme formulation, implementation, coordination, monitoring and evaluation, donor reporting and capacity building may be accepted in lieu of Master’s degree.

Experience and Skills:

• At least 5 years (with Master’s degree) or 7 years (with first-level university degree) of progressively responsible experience in general legal practise and drafting legal documents.
• Proven expertise in gender equality and women’s economic empowerment.
• Experience in facilitating workshops and conducting research /consultation.
• Knowledgeable of issues around local governance/local government systems/Provincial Government Act and markets.
• Comprehensive knowledge of the local governance system and understanding of issues associated with fresh markets in Solomon Islands.
• Experience in Solomon Islands agriculture sector and context is desirable.
• Understanding of Solomon Islands disaster context and challenges is desirable.
• Team player and strong local networks in Solomon Islands.  
• Excellent presentation and facilitation skills, including organizing meetings and conduct assessment / reviews; with strong interpersonal and communication skills, including ability to plan, organize implement and reporting under tight deadlines.

Language and other skills:

• Fluency in verbal and excellent English written skills is required.
• Good command of Pidgin (oral) is an asset.
• Proficiency in the use of office IT applications and internet in conducting research.

Evaluation

Initially, individual consultants will be short-listed based on the following minimum qualification criteria:

• Master’s degree or equivalent in Law, Gender Studies, Social Science or other related field is required.
• A first-level university degree with 2 additional years of progressively responsible experience at the national and/or international level in the legal environment, gender work, project / programme formulation, implementation, coordination, monitoring and evaluation, donor reporting and capacity building may be accepted in lieu of Master’s degree.
• At least 5 years (with Master’s degree) or 7 years (with first-level university degree) of progressively responsible experience in general legal practise and drafting legal documents.

The shortlisted individual consultant will be further evaluated based on a cumulative analysis process, with a total score being obtained upon the combination of weighted technical and financial attributes.

Cost under this method of analysis is rendered as an award criterion, which will be 30% out of a total score of 100 points.

Evaluation of submitted offers will be done based on the following formula:

where:

T	is the total technical score awarded to the evaluated proposal (only to those proposals that pass 70% of 70 points obtainable under technical evaluation);
C	is the price of the evaluated proposal;
Clow	is the lowest of all evaluated proposal prices among responsive proposals; and
X	is the maximum financial points obtainable (30 points)

Technical evaluation will be represented through desk review of applications. Interviews and/or written tests will be organized if needed only, depending on the short-listed candidates’ qualifications.

Technical Qualification Evaluation Criteria: The technical part is evaluated based on its responsiveness to the Terms of Reference (TOR).

No.	Criteria		Maximum points
	Master’s degree or equivalent in Law, Gender Studies, Social Science or other related field is required. A first-level university degree with 2 additional years of progressively responsible experience at the national and/or international level in the legal environment, gender work, project / programme formulation, implementation, coordination, monitoring and evaluation, donor reporting and capacity building may be accepted in lieu of Master’s degree.	First-level university degree – 5 pts, Masters or equivalent of 10 pts	10
	At least 5 years (with Master’s degree) or 7 years (with first-level university degree) of progressively responsible experience in general legal practise and drafting legal documents.	5 years (Master’s Degree) or 7 years (first-level university degree) – 8 pts, each year over 5 (or 7) years - 1 pts up to a max 10 pts	10
	Proven expertise in gender equality and women’s economic empowerment.		5
	Experience in facilitating workshops and conducting research /consultation.		5
	Knowledgeable of issues around local governance/local government systems/Provincial Government Act and markets.		5
	Comprehensive knowledge of the local governance system and understanding of issues associated with fresh markets in Solomon Islands.		5
	Experience in Solomon Islands agriculture sector and context is desirable.		5
	Understanding of Solomon Islands disaster context and challenges is desirable.		5
	Team player and strong local networks in Solomon Islands.		5
	Excellent presentation and facilitation skills, including organizing meetings and conduct assessment / reviews; with strong interpersonal and communication skills, including ability to plan, organize implement and reporting under tight deadlines.		7
	Fluency in verbal and excellent English written skills is required.  Good command of Pidgin (oral) is an asset).		5
	Proficiency in the use of office IT applications and internet in conducting research.		3
	Maximum Total Technical Scoring		70

Financial Qualification Evaluation Criteria: In the Second Stage, the financial proposal of candidates, who have attained minimum 70% score in the technical evaluation (at least 49 points), will be compared.

WINNING CANDIDATE

The winning candidate will be the candidate, who has accumulated the highest aggregated score (technical scoring + financial scoring).