Agricultural Transformation Institute

Ethiopian Herald Aug 06, 2022

CAL L FOR HIRING AN INDIVIDUAL CONSULTANT/ REQUEST FOR EXPRESSION OF INTEREST

Country: The Federal Democratic Republic of Ethiopia

Organization: Agricultural Transformation Institute

IFB Title: Individual consultant for the provision of Legal Consultancy Service for Identifying gaps in existing legal frameworks and drafting amendments or new legal frameworks for two policy thematic areas: “Pluralistic Extension and Advisory Services” and “Effective private sector participation in agriculture”.

IFB Number: ATA-IC-CON-2022-0002

1. Background:

This term of reference (TOR) is intended to recruit a Legal Consultant to deliver expertise in legislative drafting activities of the Ethiopian Agricultural Transformation Institute (ATI) in undertaking a policy project focusing on analytical studies and drafting of policy instruments for operationalizing pluralistic agricultural extension and enhanced private sector participation in agriculture.

This project is supported by The Bill & Melinda Gates Foundation as part of AGDev PAC Body of Work #3 Strengthening Country and Finance. The funding will specifically support the planning of the policy implementation and the design of selected policy instruments to implement two broad thematic areas of the revised Agricultural and Rural Development Policy (ARD) Policy of Ethiopia, which was prepared by the Ministry of Agriculture.

The Ethiopian Agricultural Transformation Institute (ATI) has been delegated by the ministry to lead the analytical studies and coordinate the development of the policy instruments of the revised ARD.

The procurement of the Individual Consultant (IC) is necessitated because ATI needs seasoned legal experts that have experience and proof in legislative drafting, especially in the agriculture sector.

The two broad areas for which the individual consultant will develop relevant policy instruments and amendments to existing instruments are 1) Pluralistic extension and advisory services, and 2) Effective participation of the private sector in agriculture.

2. Objectives

The overall objective of the work is to support the Ministry of Agriculture in drafting all relevant policy instruments and amendments to existing instruments for two broad topics – 1) Pluralistic extension and advisory services, and 2) Effective participation of the private sector in agriculture.

The specific objectives are to:

  • Review gaps in the legal and regulatory framework for the above-mentioned topics,
  • Extract any relevant lessons from other countries legal and regulatory frameworks
  • Draft various policy instruments (proclamations, regulations, directives, guidelines, etc.), including amendments to existing policy instruments, that are acceptable to the ministry of agriculture, the ministry of justice, and other stakeholders.

3. Description of the Assignment

The individual legal consultant will work with the ATT’s Senior Policy Advisor, Policy Project Coordinator, Analytics case team, and the external task force that is established for the purpose, to ensuring a well-coordinated and fully aligned understanding of policy level challenges and solutions for the two topics: 1) Pluralistic extension and advisory services, and 2) Effective participation of the private sector in agriculture. Broadly, the two topics will be further disaggregated into more targeted sub-topics. The current sub-topics, though not exhaustive, include:

i. Effective participation of the private sector in agriculture

  • Commercialization of smallholder farmers and pastoralists
  • Legalization of ATI’s farmer production clusters
  • Ease of doing business for private actors
  • Responsible agricultural investment framework
  • Institutional frameworks for effective private sector participation

ii. Pluralistic extension and advisory services:

  • Road map to guide and support pluralistic extension and advisory service
  • Registration, licensing, and quality assurance of private extension and advisory service providers
  • Accountability, cost -recovery & competitiveness framework for the public extension and advisory service
  • Institutional framework for pluralistic extension and advisory services in the country

The assignment also includes converting policy ideas emanating from the analytical studies into policy instruments in Amharic & English languages and revising relevant existing policy instruments. The Senior Policy Advisor will confirm that the work plan drawn by the individual Legal Consultant in order to discharge his/her contracted duties is logically compatible with the objective of the consultancy and will monitor that the planned services are delivered by the expert in line with the objective and requirement of the project.

4. Overall duties & Responsibilities:

Under the overall guidance of the Senior Policy Advisor and in close collaboration with the policy project coordinator, analytical case team, external task forces, and other relevant stakeholders, the Consultant will prepare and implement his/her work plan. Upon approval of the work plan by the senior Policy Advisor, the consultant will review existing legal frameworks in the two areas, identify gaps, and draft relevant new policy instruments or revise the existing ones (proclamations, regulations, directives, guidelines, etc.) in Amharic and English for the two broad areas mentioned in section III, and collect and incorporate feedback from stakeholders on the draft legislation.

5. Specific Duties and Responsibilities

The Consultant will be accountable to the Senior Policy Advisor and work closely with the Analytical case team, Policy Project Coordinator, external task forces, and other ATI staff as required and will undertake the following specific duties and responsibilities: –

  • Review existing and draft legal frameworks (proclamations, regulations, directives, guidelines), and incentive packages to identify gaps or challenges hindering private sector participation in agriculture and pluralistic agricultural extension and advisory service delivery
  • Consult relevant stakeholders to identify gaps in the existing legal frameworks and incentive packages
  • Review and extract pertinent lessons from other countries legal and regulatory frameworks
  • Present findings from reviews and consultations to relevant stakeholders’ consultation fora and obtain their validation
  • Draft relevant policy instruments (regulations, proclamations, directives, guidelines) and articulate amendments to existing policy instruments in a manner acceptable to the Ministry of Agriculture and finally to the Ministry of Justice.
  • Organize stakeholders’ consultation workshops on the amendments and new legal frameworks drafted by the firm.
  • Develop final legal frameworks and submit them to the ATI Senior management and policy project coordinator.

6. Required Competencies

The Consultant shall have at least a Master of Laws (LL.M.) degree in business law or public law and at least 10 years of relevant experience in drafting policy instruments, preferably on agricultural topics in Ethiopia as part of academic institutions or working in legal departments in Ethiopian government offices. The consultant shall understand Ethiopia’s business laws, with a special focus on commercial law, commercial registration, and business.

licensing laws, the law of public enterprises and cooperatives, etc. Moreover, the consultant shall have superior communication skills, both verbal and written, and fluency in English and Amharic. Recommendation letters from organizations for a good reputation will have an added value.

The Individual Consultant will be reporting to the Senior Policy Advisor who will be charged to ensure the fulfillment of the assignment by the Consultant.

The individual consultant shall provide the consultancy service at least five days per week (40 hours per week) and will be contracted for a period of six months. The consultant is expected to bring her/his own computer (laptop).

7. Client’s Input for the Service

The client will:

  • Make available to the consultant all necessary data and documents resulting from the analytical studies.
  • Facilitate the consultant to have access to relevant data and legal documents available in government institutions.
  • Provide office facilities (space, table, and chair)
  • Provide transportation for traveling to relevant government offices in Addis Ababa.
  • Facilitate and organize stakeholders’ workshop 2

8. Reporting: The IC shall report to the Senior Policy Advisor of ATI.

9. Deliverables

The following deliverables are expected from the individual consultant to be submitted to ATI:

  • Inception Report: The consultant is expected to produce the inception report as per the agreed-upon ToR and following the approval of the assignment. The inception report should include, among others, a detailed methodology and work plan. In addition, the work plan should clearly show how the consultant will manage the delivery of the assignment.
  • Review existing legal frameworks (proclamations, regulations, directives, guidelines), and incentive packages to identify gaps or challenges hindering private sector participation in agriculture and pluralistic agricultural extension and advisory service delivery
  • Draft relevant new policy instruments (regulations, proclamations, directives, guidelines) to improve the legal restrictions and convert the ideas of the leadership and the task force into implementable legal and Ministry of Agriculture and finally to the Ministry of Justice for the areas listed under section III above.
  • Amended policy instruments (proclamations, regulations, directives, guidelines) as needed given the prevailing relevant policy instruments for the areas listed under the objectives section above
  • Develop a legal and regulatory framework to convert ATI’s farmer production clusters (FPCs) into legal entities
  • Develop institutional frameworks for pluralistic extension and effective private sector participation.
  • Validation workshop: The consultant should facilitate a stakeholders’ validation workshop on the amendments and new legal frameworks and institutional frameworks drafted by the firm.
  • The final draft of legal frameworks and institutional frameworks: by incorporating all the comments received from concerned parties on the draft legal frameworks (policy instruments) through the technical working group’s suggestions and validation workshop, the final draft of legal frameworks and institutional frameworks should be produced.

10. How to apply:

  • All selected candidates will undergo rigorous reference and background checks. Individuals engaged under a consultancy or individual contract will not be considered “staff members” under the Staff Regulations and Rules of the ATI’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 Consultant must submit with its proposal motivation letter, current CV, including date of birth and country of citizenship, copies of degrees and proven detailed experience which demonstrate how the consultant fit for this assignment, Quoted daily and monthly fees in ETB inclusive of all applicable taxes, at least five testimonies letter for the successful completion of the assignments.
  • Further information can be obtained at the address below during office hours 8.00 am to 12.30 am and 1.30- 5.30 pm during working days. The above-referred documents must be delivered in written form to the address below (in person, by fax, or by e-mail).
  • The deadline for submission of the Expression of Interest will be on August 17, 2022, at 2:00 pm (8:00 local time): Address: Ethiopian Agricultural Transformation Institute (ATI), Administration Director Office, 3rd floor, Bole: Off Meskel Flower Road, Addis Ababa, Ethiopia, Tel. +251-11 557 0678, Fax +251-11 557 0668, Cell phone +251 91 164 6029,: Dessalegn Geremew/Yohannes Tadesse., Addis Ababa, Ethiopia

Agricultural Transformation Institute