Terms of Reference

Strengthening institutional capacities in Liberia for ratification, domestication and reporting on
International Labour Standards.

Consultancy for the review of the Decent Work Act to address comments and recommendations by the Committee on the Application of Conventions and Recommendations (CEACR)

1. Background
In 2003, Liberia emerged from a prolonged devastating civil conflict. As the weakened economy was recovering, the country was struck from 2014 to 2016 by the Ebola virus disease. In 2017, Liberia
experienced a peaceful and democratic change in Government for the first time in seventy years. Although significant progress has been made, a number of decent work deficits remain.
In the context of the Covid-19 pandemic, it is important that there is no regression as regards the decent work principles in International Labour Standards (ILS), but that they are part of the response. Concerns have been raised about the violation of workers’ rights, increased termination of employment contracts and increased incidents of child labour arising from impact of COVID -19 on the economy, hence the importance of this project. Liberia remains the only country in the ECOWAS sub-region –and with Somalia the only country in Africa - that has not ratified the Equal Remuneration Convention, 1951 (No 100) and the Minimum Age Convention, 1973 (No 138). The ratification and effective implementation of these two Conventions would reaffirm the rights of women and vulnerable groups, such as boys and girls. Liberia has also not ratified the Labour Statistics Convention 1985 (C160) and the 1986 amendment to the ILO constitution. In 2019, the Committee on the Application of Conventions and Recommendations (CEACR) requested a number of changes in national law and practice that remain to be addressed. They include amendments to the 2015 Decent Work Act, relating to the prohibition for workers in the public sector to unionize. It is anticipated that with the ratification and subsequent domestication of the ILO Conventions, Liberia will have an adequate law to deal with shocks (such as COVID 19) that may threaten the application of International Labour Standards in the country. To address these issues, the project focuses, among other things, on the realization of the following results or milestones.
Result 1: Ratification of Conventions No. 100, No. 138, as well as other technical Conventions as recommended by the SRM TWG (such as Convention No. 160) and the 1986 amendment to the ILO
Constitution by the government;
Result 2. - Amended draft Decent Work Act and submitted to the Parliament for approval/ enactment; including draft implementing regulations to the Decent Work Act.
For the purpose of this consultancy, the national external collaborator will focus on the realization of results, which focus on the review of the Decent Work Act which, at the moment, does not cover certain
categories of workers, and is fraught with a number of challenges in its implementation. The review should include other relevant laws, such as the legislation governing civil servants. Desirable results also include progress towards the adoption of implementing regulations.

2. Scope of the assignment
Under the supervision of the project manager, and in close collaboration with ILO’s Country Office in Abuja as well as ILO’s NORMES, LABOURLAW, ACTRAV, and ACTEMP, the consultant/external
collaborator is expected to conduct a review of the current Decent Work Act in line with the recommendations of the ILO supervisory bodies, particularly the Committee on the Application of
Conventions and Recommendations (CEACR). Specific tasks to be covered by this review include:
- Assessment of the Decent Work Act, including other relevant legislation, such as the laws and regulations governing civil servants; review of shortcomings in relation to ratified Conventions
and implementation challenges, recommendations as to proposed amendments to the Act and the adoption of implementing regulations, etc.
- Present the revised draft Decent Work Act and, where applicable, implementing draft regulations, to stakeholders in a tripartite validation workshop, to discuss the outcomes of the
study, and discuss a roadmap for the recommendations made therein.
- Facilitate in a workshop for employers’ representatives on the interpretation and the application of the Decent Work Act, including the amendments needed to give full compliance
to ratified Conventions.
- Facilitate in a workshop for worker’s representatives on the interpretation and the application of the Decent Work Act, including the amendments needed to give full compliance to ratified
Conventions
- Produce a revised draft version of the Decent Work Act and recommendations for implementing regulations, including an accompanying background note explaining
recommendations, against the backdrop of shortcomings in relation to ratified Conventions, and the challenges in implementation, for enactment by the National Parliament
- Participate in a technical meeting with the Ministry of Labour, Ministry of Justice and the National Technical Committee as to revise the Decent Work Act

3. Methodology
The methodology to be followed by the national consultant will include the following components:
a. A desk review of relevant documents related to the Decent Work Act, and other relevant laws and regulations, comments and recommendations made by the ILO supervisory bodies, including the
Committee on the Application of Conventions and Recommendations (CEACR)
b. Semi-structured interviews and consultations with relevant stakeholders such as the Ministries of Labour and Justice, the Liberia Labour Congress, the Liberia Chamber of Commerce, the Senate and
House Committees on Labour among others. The main objective of the interviews will be to gather indepth information, including perceptions, views and factual information pertaining to the application
of the Decent Work Act. The interview/consultation plan as well as the draft interview guide should be included in the inception report.

4. Outputs
The final output expected from the consultant is a revised draft Decent Work Act addressing challenges and ambiguities contained therein, and as pointed out by the CEACR, and in English.

5. Timeline and consultancy fees
The external collaborator will work for a total of 30 non-consecutive working days over a two-month period. Interested external collaborators should provide the daily rate required (negotiable and in line
with available budget).
Payments will be made as follows:
- First tranche (20 per cent) upon submission of the inception report to the satisfaction of ILO
Abuja; and
- Second tranche (80 per cent) upon submission of the revised Decent Work Act and other
deliverables to the satisfaction of ILO Abuja and presentation of findings.

6. Procedure for submission of expression of interest
Interested external collaborators should submit the below documents by email to the ILO Country Office in Abuja (abujareg@ilo.org) not later than 10 October 2020 at 6 PM Nigerian time.
- An application letter/technical proposal including remuneration requirements (daily rate);
- An updated Curriculum Vitae.
Applications not including the above information will not be considered. Only short-listed candidates will be contacted.

7. Responsibilities, supervision and coordination
The external collaborator will report to the ILO Country Office in Abuja as well as ILO’s LABOURLAW, NORMES, ACTRAV, and ACTEMP, and the Project Manager. The ILO project team will provide the external collaborator with contact information of project partners and other relevant stakeholder in Liberia. All deliverables should be submitted to Mr. Salif Massalay (massalay@ilo.org), Mr. David
Dorkenoo (dorkenoo@ilo.org) and Ms. Chinyere Emeka-Anuna (emeka-anuna@ilo.org)

8. Qualifications
Required qualifications include:
- University degree in law, preferably in labour law (knowledge of the ILO supervisory system
would be an asset)
- Work experience of at least five years, with a good knowledge of the world of work
- Knowledge and experience in working in Liberia
- Specific knowledge on participatory research methods
- Experience in reviewing legal and policy documents
- Good facilitation, presentation and analytical skills, as well as ability to elaborate high quality
research documents
- Language skills: fluency in English
- Must be a national of Liberia
- Familiarity with ICT tools that can be used for regular data collection

9. Confidentiality
The consultant is required to respect strict confidentiality vis-à-vis third parties, for any information relating to the assignment or collected on its occasion (no reproduction/dissemination of reports or
documents is allowed). Failure to comply with this clause will result in immediate termination of the assignment. This strict confidentiality remains the rule, without limitation, after the end of the
assignment.

10. Annexes
- Pending comments of the CEACR on the application of ratified Conventions by Liberia
- Texts of ILO Conventions ratified by Liberia