United Nations Children’s Fund (UNICEF) Phnom Penh, Cambodia Vacancy Nº EDU/12/20 Terms of Reference Consultancy: International Technical Adviser to Support the Sub-National Democratic Development Reform in the Education Sector Closing Date: Thursday 13 September 2012 _________________________________________________________________________ This consultancy is part of the approved Education Capacity Development Partnership Fund workplan and is included in the budget. 1. Objectives and Outcomes The objective of the consultancy is to provide technical support to MoEYS for the functional mapping and review process related to sub-national democratic development reform (SNDD), facilitating collaboration between the Department of Legislation (leading the work) and other relevant Technical Departments as well as Provincial/Municipal Offices of Education (POEs), District Offices of Education (DOEs), Provincial, District and Commune Councils and School Directors. The intended outcomes of the consultancy are that i.) the functional mapping report is finalised in line with the Functional Mapping Guideline and the Sub-Decree on the Transfer of Functions and Resources to Sub-National Administrations (SNAs); ii.) a participatory and in-depth process to consult with MoEYS at national and sub-national levels and SNAs (provincial, district and commune councils) regarding relevant functions to assign or initiate is underway; iii.) a report on Functional Review in the Education Sector is developed; and iv.) a SNDD Reform Policy in the Education Sector is drafted. 2. Background The Royal Government of Cambodia has embarked on a Government-wide reform on SNDD, formally known as decentralisation and deconcentration (D&D). Locally elected commune councils were established in 2002. In 2005, the Government adopted a Strategic Framework for D&D Reform. With the passing of the Organic Law on Administrative Management of the Capital, Provinces, Districts, Municipalities and Khans, adopted in May 2008, Cambodia embarked on the second phase of the reform. This entails a degree of transfer of power (functions and resources) from the centre to SNAs as well as to deconcentrated offices of line ministries. The stated intention of the reform is to support sub-national democratic development and to improve the delivery of basic services (health, education, roads, water and sanitation, etc). The National Programme for Sub-National Democratic Development (NP-SNDD), 20102019 is a 10-year strategy and implementation programme that covers both short-term implementation of the Organic Law and longer term strategies necessary to achieve the strategic vision articulated in the Strategic Framework on D&D. The document describes the goals, objectives and scope of the NP-SNDD implementation framework and sets out the activities planned to achieve sub-national democratic development, including the transfer of functions and resources from central ministries SNAs. A detailed plan for the first three years of the reform process is set out in the three year implementation plan (IP3) which was approved in January 2011. The purpose of NP-SNDD and IP3 is to 1 develop accountable, sub-national democratic institutions with effective administrations as well as to promote improved sub-national development for Cambodians. IP3 seeks to develop capacity at all levels of government for democratic development and a gradual transfer of functions to the various tiers of SNAs. There is an initial emphasis on the district/municipality level. The National Committee for Sub-National Democratic Development (NCDD) is the inter-ministerial mechanism leading the National Programme through its Secretariat (NCDD-S). All public school services in Cambodia are provided by MoEYS and organised at the sub-national level under the administrative hierarchy of POEs and DOEs; Commune Councils are responsible for community preschools and the home-based programme. MoEYS has already delegated some functions to POEs related to planning and inputting of data from the Education Management Information System. The functional transfer process requires substantial planning in order to ensure a strategic and phased approach, harnessing the necessary collaboration from all relevant technical departments to ensure the reform helps to achieve the policy priorities and indicators within the MoEYS Education Strategic Plan, 2009 - 2013. It will also be necessary to consult with School Directors, School Support Committees (SSCs), POEs and DOEs as well as provincial, district and commune councils in order to facilitate sufficient bottom up planning of sub-national democratic development. As part of the process, MoEYS is currently conducting a mapping of its functions at national and sub-national levels, although this has primarily focused on provincial and district level functions. The mapping process employed an adapted version of the GIZ/EU SPACE programme mapping methodology. There has been considerable collaboration amongst development partners supporting SNDD in various ministries including the Ministry of Health, the Ministry of Social Affairs, Veterans and Youth Rehabilitation and the Ministry of Rural Development. The mapping process in the education sector has been conducted prior to the passing of the sub-decree on Functional Transfer and before the finalisation of the Functional Mapping Manual and is therefore an iterative process. 3. Scope of Work The consultancy will provide strategic, policy and technical advice to the Department of Legislation regarding the planning and implementation of SNDD reform in the education sector; this will include support to finalise the Functional Mapping Report, to develop the Functional Assignment Report – with broad participation of key stakeholders at subnational levels – and to develop the SNDD Reform Policy in the Education Sector. 4. Reporting The consultancy will be supervised by the Director of the Department of Legislation. On a day to day basis, the consultant will work closely with and report to the Chief of Governance Office in the Department of Legislation. The consultant will also report formally to the Education Specialist, UNICEF. 5. Responsibilities In order to achieve the expected outcomes of the consultancy, under the leadership of the Director of the Department, the Technical Adviser’s responsibilities are divided into four categories: i. Functional Mapping Support the Department of Legislation to consolidate the data on functional and resources mapping at national and sub-national levels in line with the Functional Mapping Guideline Support the Department of Legislation to finalise and rationalise the education 2 function mapping report facilitating the link to the functional review and assignment process and in line with the Sub-Decree on the Transfer of Functions Travel to and visit various provinces to understand the structure of the education sector and the realities of the planning and delivery of education at provincial, district and school levels ii. Functional Review and Assignment Support the Department of Legislation to conduct meaningful consultation meetings with key technical departments in MoEYS (the Departments of Planning, Finance, Personnel, Primary Education, General Secondary Education, Early Childhood Education, Non Formal Education and other relevant departments), Senior Leaders as well as SNAs, POEs, DOEs and School Directors, analysing the current location of functions and identifying appropriate functions to be transferred or established at sub-national levels considering efficiency, effectiveness and the principle of subsidiarity Support the development of the report on Functional Review and Assignment in the Education Sector in line with the sub-decree and functional assignment guidelines Support the development of tools or options for piloting educational functions to be transferred to sub-national levels (where necessary) including planning for fiscal arrangements, capacity development and information campaigns The consultant will support the updating of the MoEYS Strategic Master Plan on Capacity Development, 2011 – 2015, ensuring the capacity development needs of POE, DOEs, School Directors and SSCs as well as SNAs are considered in light of the future functional transfer iii. Policy and Organisational Development Support the development of the SNDD Reform Policy in Education Sector Participate with the Department of Legislation in policy discussions and strategic planning regarding the formulation of the next Education Strategic Plan ensuring SNDD is embedded within the national and sub-national systems for planning, management, implementation and financing and duly reflected within the programmes and sub-programmes of the Plan Provide recommendations regarding the revision of the organisational structure of MoEYS, POEs, DOEs and where appropriate SNAs in light of SNDD The consultant will provide coaching and mentoring to the SNDD Working Group in the Education Sector iv. Other Tasks Coordinate with relevant development partners supporting the Government and line ministries on SNDD reform and participate in the Ad Hoc Working Group Support the Department of Legislation to implement its programme-based budgeting activities and those supported by the Capacity Development Partnership Fund (CDPF) in a timely way Be responsive to emerging priorities within the Ministry and the CDPF and support the Department of Legislation in these 3 6. Deliverables Linked to Payment of Fees Inception report Final Rationalised Functional Mapping Report Progress report on months 1 and 2 Tools and options for possible piloting of educational functions to be transferred Draft Functional Review Report Input to the MoEYS Strategic Master Plan on Capacity Development, 2011 – 2015, with the capacity development needs of POE, DOEs, School Directors and SSCs as well as SNAs in light of functional transfer Progress report on months 2 and 3 Draft SNDD Reform Policy in Education Sector Recommendations regarding the revision of the organisational structure of MoEYS, POEs, DOEs Inputs regarding D&D to the future Education Strategic Plan Final report including progress in months 4, 5 and 6 30 percent 30 percent 40 percent 7. Duration The assignment is expected to run for six months from October 2012 to April 2013 but may be extended based on performance and the needs of the Department of Legislation. 8. Approach to Work The Technical Adviser is contracted under the CDPF and will be required to work in such a way as to maximise the impact and sustainability of the input by taking an approach that supports capacity development and ownership on the part of the lead department. In particular, the technical adviser is required to: Work in close communication with the designated MoEYS manager, following the reporting lines Take a mentoring approach that supports identified counterparts to take the lead progressively on key tasks Work in close communication with the Senior Technical Adviser for Planning, as well as others appointed under the CDPF in order to ensure coherence. 9. Administrative Arrangements and Official Travel The Technical Adviser will be based in the Department of Legislation, MoEYS, Phnom Penh. The consultant will use his / her own laptop. It is expected that the Adviser will undertake travel to the provinces during the consultancy. 10. Qualifications or Specialised Knowledge / Experience Required Advanced University degree (Master’s Degree or equivalent, or PhD) in public policy, public administration, education planning, management, decentralisation, local governance, public sector reform or a similar field Minimum 10 years’ experience in supporting social sector development, preferably including support to ministries of education, with at least 5 years’ experience related to decentralisation / public administration reform In-depth policy understanding and practical experience of supporting planning for and implementation of D&D reform in education ministries including fiscal decentralisation and personnel redeployment Experience of working at sub-national level Recent and relevant experience of national, sub-national, and school-level education sector issues in Cambodia or the region is desirable Commitment to travel to provinces 4 Excellent interpersonal, coaching, mentoring, reporting, facilitation communication skills Fluency in English language is required; knowledge of Khmer is an asset Computer literacy and presentation skills and 11. Nature of ‘Penalty Clause’ to be Stipulated in Contract Standard UNICEF penalty clause applies. Unsatisfactory performance: In case of unsatisfactory performance the contract will be terminated by notification letter sent 5 days prior to the termination date. In the meantime, UNICEF will initiate another selection in order to identify appropriate candidate. Performance indicators: Consultants’ performance will be evaluated against the following criteria: timeliness, quality, quality of facilitation, and relevance/feasibility of recommendations for Cambodia. 12. Remuneration Level and Estimated Cost of Contract Given the technical nature of the work related to financing, the fee for the consultancy has been established at the P4 level within the United Nations Salary Scale for the Professional and higher Categories. For more information on the Salary Scale please access http://www.un.org/Depts/OHRM/salaries_allowances/salary.htm#pr. Payment of the fee instalments will be made following the submission of deliverables to a satisfactory level, certified by the Education Specialist. 5