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Conduct a gap analysis of the Work in Fishing Convention, 2007 (No. 188) & legal framework in Fiji

Fiji

Opportunity Deadline

22/12/2023

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Job Description

Fresh
  • Country: Fiji
  • No of vacancies: N/A
  • Salary: N/A 
  • Organization: ILO
  • Gender: Both 
  • Deadline: N/A 

Scope of the Work

  • The consultant is expected to conduct an extensive legislative review of the existing legislative and policy framework in Fiji as compared against standards in the Work in Fishing Convention, 2007 (No. 188).
  • The consultant will consider, among others:
  1. Employment Relations Act (ERA) 2007,
  2. Health & Safety at Work Act (HASAWA) 2006,
  3. Offshore Fisheries Management Act (OFMA) 2012,
  4. Maritime Safety Authority of Fiji Act, 2009,
  5. Maritime Transport Act, 2013,
  6. Shipping Registration Act, 2013,
  7. Fiji National Crewing Policy, Transport Act 1998,
  8. Fiji Maritime (STCW Convention) Regulations 2014.
  • Where relevant, other international standards, including the Maritime Labour Convention, 2006, Occupational Safety and Health Convention, 1981 (No. 155); Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185); International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978; International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F) may be considered;
  • The consultant is expected to conduct a mission to Fiji to consult with representatives of tripartite constituents and other key stakeholders, as part of the consultation, information gathering and validation of the gap analysis; and
  • The final output will also reflect other relevant international labour standards and observations raised by the Committee of Experts on the Application of Conventions and Recommendations (CEACR) pertaining to applicable Fundamental Convention(s) and Governance Convention(s) Fiji has ratified and provide recommendations for improvement;

Deliverables

The consultant shall work under the technical guidance of the project staff, the International Labour Standards and Labour Law Reform Specialist and under the overall supervision of the ILO Country Office for Pacific Island Countries in Suva, Fiji.

The consultant will complete and submit the following deliverables, to the satisfaction of ILO Country Office for Pacific Island Countries:

No. Key Activities Deliverables Tentative timeline
1. Prepare in consultation with the ILO and tripartite partners to formulate work plan identifying core review activities, information to be gathered and validated, relevant stakeholders to be consulted, and an outline of the draft gap analysis. Scheduled work plan 10 Jan
2. Conduct a research and desk review of relevant legislations identified for review based on reliable secondary literature. This includes observations identified by ILO’s CEACR and the Committee on the Application of Standards on Fiji’s implementation of its ratified Conventions. Desk review and inception report 15 Jan
3. Conduct a mission to Fiji to conduct a series of consultations with tripartite partners, key government agencies and stakeholders, individually and collectively on the various legislative and policy frameworks that are being considered in the gap analysis. Brief mission findings report TBC

Con’td

4. Finalise the draft gap analysis paper Zero gap analysis TBC
5. Zero draft report shared with ILO Specialist and Tripartite Constituents for comments  

Con’td

7. Prepare a detailed presentation for delivery to constituents and stakeholders, with a view to stimulating legislative reform and/or ratification PowerPoint Presentation

 

TBC

Con’td

8. Finalise the gap analysis with any modification arising from the presentation and any further recommendations   April 2024

Duration & Submissions

Duration

The consultancy contract is expected to be for 12 weeks, the indicative start date is 03 January 2024 and indicative concluding date is 30 April 2024, which includes 30 working consultancy days.

Submission of Applications

Interested applicants should submit the following documents:

  • Technical proposal including an
  • Brief organisational/individual capacity statement (max. 300 words);
  • Proposed methodology and work plan (max. 500 words); and,
  • Current curriculum vitae.
  • Written sample of prior work; and,
  • Financial proposal, inclusive of a day rate (noting that travel to Fiji will be supported by the ILO Office and need NOT be included in this proposal)

Evaluation Criteria

The consultant is expected to demonstrate meeting the experience and competencies criteria:

  • A degree in the field of labour or employment law and international labour law.
  • Relevant professional experience in labour law, international law, labour standards and Pacific affairs.
  • Relevant international experience and knowledge of international labour Standards in the Pacific would be an advantage.
  • Excellent drafting and report writing skills. Ability to present information in readily understandable forms.
  • Ability to communicate effectively both orally and in writing. Ability to work on own initiatives as well as a member of a team. Ability to plan and organize work.
  • Willing to travel to Fiji to conduct meeting with stakeholders and field work as and when required.
  • Excellent command and proficient working ability in English.

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