Citizens’ Campaign for Birth Identity Documents: Terms of Reference for Policy Gap Analysis and Production of Draft Bill

 

  1. Introduction

Basilwizi Trust is a non-profit making Non-Governmental Organisation (NGO) working within the Zambezi Valley to build the capacities of the communities on leadership, problem solving, governance and accountability, and child rights and protection issues. Basilwizi gets its mandate from the people of the Zambezi valley who, upon realization of perpetual marginalization and exclusion from major national processes, formed the organisation themselves in the year 2002. Basilwizi chose to pursue education and cultural support as the flag ship of its programs. This was a deliberate option as it is believed that without education, a people cannot have any meaningful participation in national processes.

On behalf of the Zimbabwe Child Rights Advocacy Network Basilwizi Trust commissions a Policy Gap Analysis and the production of a Birth and Death Registration Draft Bill.The Zimbabwe Child Rights Advocacy Network was recently established. Members are Zimbabwean CSOs that work directly or indirectly with children and the promotion of their rights. 

  1. Brief Background of CICABID

Birth registration is a right and not a privilege to children as has been acknowledged by many different treaties at international, regional and national level. Despite the fact that it is the obligation of the states to provide the services to the communities to be registered, it is disheartening that quite a number of children are not registered. A study carried out by UNICEF globally indicated that 230 million children under the age of 5 remained unregistered by 2014 (UNICEF, 2014a).  Out of these unregistered children, 37% reside in Sub-Saharan Africa meaning that Zimbabwe is included. A study by a consortium of civil society organisations revealed that by 2017, only 44% of the children under the age of 5 years were registered in Zimbabwe.  67% of the registered children were in urban while 34% were in rural areas and, 24% of the registered children were from the poorest families, 31% were from the second wealth quintile, 39% were from the middle, and 79% were from the richest families. This shows that the poorest families are the most hit by non-registration of children’s birth. 

Non birth registration of children leads to a number of negative factors in the child’s lives such as lack of identity, lack of education and lack of protection by law in cases of child abuse.The new education circular prohibits children to sit for any school examinations without a birth certificate. This means that the children without birth certificates are likely to drop at grade six when the other children start preparing for their grade seven examinations. Thus increasing the number of school drop outs. The increase of school dropout leads to increased child marriages or unwanted pregnancies. Increased early marriages and unwanted pregnancies also lead to increased or perpetual poverty in the communities.It is against this background that Basilwizi through a project called Citizen Campaign for Birth registration and Identity Documents (CICABID) joined hands with other CSOs to form the Zimbabwe Child Rights Advocacy Network

  1. CICABID Project objectives and outcome

Project Overall Objectives The project contributes to enabling children in Zimbabwe to enjoy their rights and that the state institutions are better able to fulfil their obligations.

Project outcome and its use: The review of the Birth and Death Registration Act through a network of like-minded civil society organizations leads to an improved access to government services and participation in early birth registration for all inhabitants of Zimbabwe.

  1. Use of output by the target groups:

The population in the 10 wards of Binga District exercises their knowledge of the right to registration through the officially appointed committees.

Outputs: 1. The approx. 44.000 community members know their right to official birth registration and to the issuing of relevant documents such as the birth certificates. 2. Fifty (50) communities are advocating for their right to birth registration at local and district level. 3. A network of civil society organisations advocates at national level for the review of the Birth and Death Registration Act (Chapter 5:02, 1986) and its alignment to the constitution.

  1. Project target

The project has a two-pronged target group, that is, national level and district level. On a national level the inter-ministerial special task force and the parliamentarians are the direct target group. The direct target groups of the activities on the local and district level are approximately 13 000 children aged from 9 to 18 enrolled or not in schools, their parents and legal guardians, respectively, 11 traditional chiefs, around 50 village leaders, around 300 Christian parish leaders and pastors, the members of the junior and senior school development committee (JSDC / SSDC) and of the child protection committee (CPC), district representatives of the Ministries for Health, Primary and Secondary Education, Social and Home Affairs, 30 paralegals as well as the registration offices on the district level. Mediators on the local and the district levels are the focal persons in the 10 wards as well as the paralegals. Indirect target group are all the inhabitants of the district Binga – around 158 000 people.

 

  1. Purpose of the policy gap analysis and drafting of a new bill activity

In addressing the problem of non-registration of citizens in Zimbabwe, there is need to harmonize the Birth and Death Registration Act Chapter 5. 02 (1986) with the new constitution of Zimbabwe which was amended in 2013. There is also need for the review of the act to ensure that access to birth and identity documents is made easy and affordable by all citizens. Since identity documentation is a right and not a privilege, citizens must be able to acquire these at an earliest stage and without facing any difficulties. The Zimbabwe Child Rights Advocacy Network working on early birth registration and identity documentation in Zimbabwe worked with communities to inquire on the challenges faced by citizens in acquiring identity documents and the recommendations which the government can adopt to increase access to identity documentation and ensure that the citizens’ rights to registration are fulfilled. In order to support the findings from the communities, there is need for the CSOs to review the Birth and Death Registration Act 5: 02 (1986)

  1. Objectives for the consultancy
    1. Identification of the gaps that exist in the Birth and Death Registration Act Chapter 5.02 (1986) that prohibits citizens to easily acquire birth and identity documents at an early stage.
    2. Drafting a Birth and Death Registration Bill that is aligned to the new constitution of Zimbabwe and to the Child Rights Convention signed by Zimbabwe. 
    3. Supporting the Zimbabwe Child Rights Advocacy Network to in revising its position paper.

 

  1. Scope and methodology of the policy gap analysis

The consultant is requested to share the findings of the policy gap analysis with the Zimbabwe Child Rights Advocacy Network.

Methods to be implemented during the assignment should be clearly described in the application. The venue for executing the policy gap analysis will be 1) where the consultant is stationed and 2) in Bulawayo where the consultant will be required to present the findings to the Zimbabwe Child Rights Advocacy Network as well as sharing the draft bill with further CSOs.

  1.  Expectations

The assignment is divided into 3 parts in the following order.

Part 1: Is the review of the Birth and Death Registration Act Chapter 5.02 (1986) and identifying the existing gaps. The findings from the communities should be taken into consideration.

Part 2: Is the drafting of the bill aligning the Birth and Death Act Chapter 5.02 to the new constitution of Zimbabwe.

Part 3: Is assisting the representatives of the network to present the draft bill and the position paper to the portfolio committee/parliament.

  1. Deliverables  of the assignment
  1. Analysis Report on the existing gaps (max. 30 pages). The gaps should be presented as a ranked list of their impact to enjoy the child rights to receiving an identity document. It should contain recommendations how the gaps can best be filled. Two analysis reports on the policy gap findings should be delivered in electronic form and as hard copy. The hard copy should be written, printed and bond for record keeping and the electronic version should be saved in a disk or memory stick and submitted to Basilwizi Trust. The report should be produced within five (5) working days after the validation meeting with Child Rights Advocacy Network.
  2. A Birth and Death Bill Chapter 5.02 that is aligned to the constitution of Zimbabwe.
  3. A Revised Position Paper that takes above analysis results into account.

 

  1. Consultants requirements
  • A holder of a first degree or mastersin Law, a practising lawyer and or a civil society organisation with traceable history of doing similar work.
  • At least 5 years of experience in policy gap analysis and an understanding of policy formulation.
  • Experience in dealing with parliamentary portfolio committees on policy formulation.
  • An understanding of child rights and child protection issues.
  • Someone who is willing and capable to work under time pressure.
  1. Roles and responsibilities
    1. Basilwizi Trust
  • Basilwizi will provide a working space for the consultant during his stay either in Bulawayo or Binga.
  • Basilwizi will provide accommodation, fuels reimbursements upon submission of authentic receipts and meals to the consultant during his travel from his area of operation to Bulawayo to meet with the Zimbabwe Child Rights Advocacy Network members
    1. Consultant
  • The consultant will provide a copy of the Birth and Death Registration Act Chapter 5:02 (1986).
  • The consultant will constantly update the Director of Basilwizi Trusthow he/she is going to implement the task at hand.
  • The consultant will provide a tax clearance certificate or Basilwizi will deduct a 10% equivalent from his / her payment and remit on his / her behalf to ZIMRA as required by the Zimbabwean Law.
  • The consultant will submit all documents prepared from this consultancy to Basilwizi as a contracting partner.
  1. Envisioned Time frame

The whole process is expected to take a month to be completed

  • The policy gap analysis is expected to be complete by 8 November 2019.
  • Presentation of the position paper to the Zimbabwe Child Rights Advocacy Network by 15 November 2019
  • Presentation of the position paper to parliamentarians by 15 November 2019
  • A draft bill is expected to be complete by the 25 November 2019
  • Presentation of the draft bill and the position paper to the parliament by 30 November 2019
  1. Payment

Payment will be made in three phases.

  • 20% will be transferred into the consultant’s provided banking details after signing of the contract
  • 40% will be transferred after submission of the draft analysis report and the draft bill.
  • 40% will be transferred after submission of the final copy of the policy gap analysis report, a finalised copy of the draft bill and the report after the validation meeting. 
  1.  Transport 

Basilwizi Trust will reimburse fuel upon submission of fuel receipts. Fuel will be calculated at 8KM per litre (8km: 1L).

  1. Application

Interested consultants submit a technical and financial proposal:

Technical Proposal:

  • A detailed proposal explaining the steps, procedures and methods the consultant will use to achieve the objectives and deliverables.
  • The proposal should in particular contain a detailed time frame/implementation schedule, a detailed way forward on how the consultant will share the findings of the policy gap analysis with the Child Rights Advocacy Network; the proposed method how to prepare the draft bill of the Birth and Death Registration Act, and how the consultant will support the Zimbabwe Child Rights Advocacy Network during the presentation at the portfolio committee.
  • CV of the applicant indicating similar assignments with list of references.
  • Copy of relevant university degrees.
  • One sample report of similar assignment.

Financial Proposal:

  • Detailed financial proposal with number of days, rates per day linked to the implementation schedule of the assignment. Tax payable by Basilwizi has to be indicated or tax clearance provided.

Deadline for submitting proposals is end of day16 October 2019.

Proposals have to be sent via e-mail to: info@basilwizi.co.zw and christopherm@basilwizi.co.zw and cc to: danisasm@gmail.com; Uta.Dierking@knh.de and eunice.velempini@kindernothilfe.com

 

 

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