Consultancy
No.: DC/SUV/EXCOL/2023/01
Publication date: 18 December 2023
Application deadline (midnight local time): 22 December 2023
Job ID: 11515
Department: RO - Asia & Pacific
Organization Unit: CO-Suva
Location: CO-Suva (presence may or may not be required at the duty station)
Candidates also applying for fixed-term employment positions with the ILO are encouraged to respond to this call for expression of interest if they so wish.
The ILO values diversity. We welcome applications from qualified women and men, including those with disabilities.
Background
Since its existence in the Pacific, the ILO has provided technical assistance to PICs in facilitating national labour law reform, so it is aligned with the ongoing changes and realities of employment and labour markets in the PICs; whilst identifying priority directions for shaping decent work in the future. The adoption of labour laws and regulations is an important means of implementing ILS, promoting the ILO Declaration and the Fundamental Principles and Rights at Work, and putting the concept of Decent Work into practice.
Fiji became a member of the ILO in 1974, four years after its independence in 1970. In 1975, the ILO opened its Office in Suva and continues to enjoy a progressive and cordial relationship with its tripartite partners – the Ministry of Employment, Productivity and Industrial Relations (MEPIR), the Fiji Commerce and Employers Federation (FCEF) and the Fiji Trades Union Congress (FTUC).
Fishers suffer decent work deficits in their work around the globe. In an effort to reduce these and realise decent work for all, in 2007, the ILO adopted the Work in Fishing Convention, 2007 (No. 188). The Convention (C188) provided a new international legal standard that addresses specific issues in the fishing sector.
Through the Labour Standards On Fishing Vessels project, Fiji has been implementing a strategic compliance model to improve labour conditions for fishers. Within this model, legislative reform is anticipated, alongside an eventual ratification of C188. The gap analysis proposed in this TOR will be a step within this process, analysing the current legislative framework in Fiji against the standards in C188. Results will inform the process of legislative reform.
Objective
The objective of this External Collaboration contract is to engage a consultant to conduct a gap analysis of the Fiji legislative framework around the fishing sector and the Work in Fishing Convention, 2007 (No. 188) and, where relevant, other international standards. The outcome will identify gaps and areas where Fiji can consider legal reform that will move towards consistency with international labour standards.
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:
- Employment Relations Act (ERA) 2007,
- Health & Safety at Work Act (HASAWA) 2006,
- Offshore Fisheries Management Act (OFMA) 2012,
- Maritime Safety Authority of Fiji Act, 2009,
- Maritime Transport Act, 2013,
- Shipping Registration Act, 2013,
- Fiji National Crewing Policy, Transport Act 1998,
- 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.