Consultant to review Disaster Laws and Policies in overseas NL

This Consultancy is to undertake a review of the legal, policy and institutional framework relating to disaster risk management and IDRL applicable to the Caribbean Islands of the Kingdom of the Netherlands. The Consultant must possess a demonstrated ability in reading and understanding of Dutch.

The IFRC is seeking a Legal Consultant, with a demonstrated ability in reading and understanding Dutch.

Since 2003, the state parties to the Geneva Conventions have mandated National Red Cross and Red Crescent Societies and the IFRC to provide advice and support in developing effective disaster laws, addressing all types of crises, including natural disasters and public health emergencies. As part of this mandate, and in the context of Strategy 2030 and the Sendai Framework for DRR 2015-2030, the IFRC entered a partnership with the Netherlands Red Cross to Advocate for Climate Smart Disaster in the six Caribbean Islands part of the Kingdom of the Netherlands, namely: Aruba, Bonaire, Curacao, Saba, Sint Eustatius and Sint Maarten. This partnership is within the framework of the NLRC Project “Strengthening Disaster Response Preparedness of NLRC Overseas Branches”, which commenced in 2019 and runs until May 31, 2023.

Through this partnership, the IFRC and NLRC aim to achieve the following objectives:

1. Fostering Climate- Smart Disaster Law in the six Caribbean Islands part of the Kingdom of the Netherlands: Provide key stakeholders with a clear understanding of their policy framework for disaster risk management and receiving incoming disaster relief against the IFRC benchmarks tools including: the IFRC International Disaster Response Law (IDRL) Guidelines, IDRL and Disaster Preparedness and Response (DPR) Checklist, as well as in light of the IFRC recommendations on Law and Public Health Emergencies, with a view to identifying strengths and gaps and formulating recommendations for improvement; and
2. Enhancing the capacities of NLRC overseas branches in Humanitarian Diplomacy and Legislative Advocacy: to harness their auxiliary role to more systematically and confidently advocate for better laws, regulations and policies for disaster risk management.

Purpose and Objectives of Consultancy

In light of the increasing vulnerability and exposure of the islands to powerful storms and other hazards, it is critical to have an effective disaster management framework. The purpose of this Consultancy, therefore, is to undertake a review of the legal, policy and institutional framework relating to disaster risk management and IDRL applicable to each island against identified IFRC benchmarks, for the purpose of getting a better understanding of the legal environment in which humanitarian actors, including the NLRC and its overseas branches, are operating and to make recommendations for strengthening those legal and policy frameworks where applicable.

The intended outcome of these reviews would be:

• a better understanding of the disaster law framework of each territory;
• development of recommendations for improving legal and institutional frameworks for disaster response and recovery; and
• development of DL instruments, protocols or procedures in support of recommendations.

Job Duties and Responsibilities

Deliverables of Consultancy 

1. DL desk reviews that will address how effectively laws and policies address disaster risk reduction and
   facilitate the response, coordination, regulation and facilitation of international disaster relief and response.
2. Policy Assessments against the IFRC Disaster Law benchmarking tools that provide a comprehensive analysis of the legal framework for IDRL, DPR and Public Health Emergencies and development of recommendations for improving legal and institutional frameworks for disaster response and recovery.
3. Disaster Law Report(s) covering each territory based on the findings of the desk reviews and policy assessments and resulting recommendations

Methodology

As to the Legal and Policy Review:

The Consultant will carry out desk research and review of relevant laws and policies applicable in each of the territories, utilizing the IFRC benchmarking tools of the IDRL Checklist/Host Nation Support Guidelines, Disaster Preparedness and Response (DPR) Law Checklist and IFRC recommendations on Public Health Emergencies. The Consultant will also conduct interviews with technical staff and leadership of the overseas branches of the NLRC, as well relevant governmental stakeholders, in coordination with NLRC and IFRC representatives.

The Consultant will then prepare Disaster Law Report(s) incorporating his/her findings of the law and policy reviews and recommendations for strengthening of improving same, based on any gaps or weaknesses found during the reviews.

Support to be provided to the Consultant

The Consultant will be supported by the Legislative Advocacy Advisor and the DL Team in the Port-of-Spain CCD. The Consultant will report directly to the Legislative Advocacy Advisor and technically to the Americas Disaster Law and Legislative Advocacy Coordinator based in Panama, who will be responsible for validating the deliverables.

Timeframe

The estimated timeframe for this consultancy is November 1, 2022 – May 30,2023 in accordance with the breakdown of activities below.                            

Payment will be made in three instalments, upon:

• 10% upon signing of the Consultancy Agreement;
• 40% on submission of Draft DL Reports on law and policy reviews in the territories; and
• 50% on submission of Final DL Reports on law and policy reviews

Key Tasks and Responsibilities:

• Ensure the fulfillment of all the Consultancy’s Deliverables outlined in these Terms of Reference in accordance with the agreed Timeframe.
• Undertake stakeholder consultations and key informant interviews.
• Report to the Legislative Advocacy Advisor in the Port-of-Spain CCD and the Americas Disaster Law and Legislative Advocacy Coordinator based in Panama as required.

Education

Required:

• Bachelor’s degree in law
• Advanced qualification or equivalent experience in a relevant area (law, humanitarian policy, disaster management, strategic planning)

Experience

Required:

• Demonstrated research, writing and reporting experience in English (sample to be provided)
• Demonstrated ability in reading and understanding of Dutch
  Demonstrated experience in project management and/or strategic planning
• Demonstrated experience with organising and managing files, documents and databases
• Experience with networking and communicating with different stakeholders such as government, Red Cross / Red Crescent, UN, NGOs and other organisations

Knowledge, Skills and Language

 Required:

• Good knowledge and understanding of law and policy making in the six Caribbean Islands part of the Kingdom of the Netherlands specifically and the Civil Law system generally
• Excellent understanding of the Red Cross and Red Crescent Movement and auxiliary role
• Excellent professional communication skills, both written and verbal
• Good computer skills including knowledge of Microsoft Office applications
• Ability to use own initiative and problem-solving skills
• High attention to detail

• Prioritizes workload to meet deadlines
• Demonstrates accountability for results
• Solicits cross-functional cooperation
• Accepts responsibility/shares credit
• Respects diversity and cultural differences
• Communicates clearly, effectively and with confidence

Selection Criteria

The Consultant is required to submit a technical and financial proposal which should include a detailed research methodology that proposes an action plan to achieve the Consultancy’s Objectives and Deliverables in accordance with these Terms of Reference.