USHHD Consultancy service for Legal Scan in Urban Sanitation

BACKGROUND

The Urban Sanitation & Hygiene for Health and Development (USHHD) Project of the WASH SDG Programme aims to sustainably improve access to and use of sanitation services and improve hygiene behaviours in the coming five years (2017-2022). It is built on three core strategic objectives, namely (1) increasing demand for improved WASH facilities and practices, (2) improving the quality of service provision and by (3) improving governance of the sector. The programme will contribute to achieving access to safely managed sanitation and improved hygiene behaviour for 210,000 and 260,000 people respectively in peri-urban/urban areas of Kabwe, Kasama, Mbala, Mpulungu and Nakonde. It is a multi-country programme that works with Chambeshi and Lukanga Water and Sewerage Companies as well as the respective Local Authorities to develop inclusive, safe and sustainable city-wide sanitation services.
The USHHD Projects seeks a Consultant to undertake a legal scan for urban sanitation and hygiene in Zambia. It is noted that legal arrangements for sanitation and hygiene could be complex, and not always easily found. They could also be often scattered across a range of different sectors: health, housing, environment, water etc. The legal arrangements could be at various level – national, provincial, municipal /district and even village level. The arrangements at various levels may not speak to each other and may even be contradictory. It is important to consider all relevant legal arrangements in the legal scan. This may include legal arrangements that are not generally known or applied, as some of these can be used to advocate for a change in practice.

PURPOSE AND AIMS

Aim: To have an overview of legal arrangements that influence a safe and sustainable sanitation (on-site and offsite along the sanitation value chain ) and hygiene services in Zambia.

Specific Objectives:

To undertake a legal review to

  • Help the USHHD Project have an overview of how these arrangements influence a safe and sustainable sanitation (on-site and offsite along the sanitation value chain) and hygiene services in Zambia
  • enable identification of existing legal arrangements that could be used to drive change
  • identify gaps that could be limiting the use and broader application of the legal arrangements.
  • Identify issues for which good legislation exists but is unknown or unused, and issues that urgently require improved legislation or action.

Process

It is noted that the amount of legal information can be overwhelming hence need to maintain focus on the purpose of the review, and to work in a systematic way for each step. The following 4 main Steps are proposed to be undertaken by the Consultant as the minimum for the legal review:

A. Gather related legal documents.

  • Check legislation and regulation of health, environment, waste, urbanization, housing, governance, decentralization, finance. While searching for relevant documents, and consider:
    • The hierarchy of legal documents: It is important to include reference to the higher level documents that policies, plans and strategies sit under, to understand their context (i.e. Environmental law, Building law) and legal obligation
    • Adopt a systems perspective of urban sanitation and hygiene: Include documents from the fields/sector that address the systems perspective including disease pathways (e.g. Water Quality, Water Resources, Environment, Health, Pollution); sanitation service chain (e.g. Housing and Building codes, planning/building permits, design and discharge standards, solid waste, agriculture/reuse); full service lifecycle (e.g. national planning and budgets, asset ownership, operation and maintenance responsibility and budget, involvement of private sector).
    • Human Rights perspective: Assess the status of the Human Right to Sanitation within national legislation and the constitution, and clarity of responsibilities of specified institutions charged with addressing sanitation needs of all population target groups

The following tools could be used in the search of legal documents:

  • Consulting with key informants
  • Search for existing legal reviews
  • Review government agency websites and review hard copy information pamphlets or reports may also include this information when not available online.

B. Identify relevant excerpts and manage information.

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Identify and manage the relevant information through proper referencing system right from the start. It is suggested that the relevant paragraphs be copied including the exact texts rather than a summary. The context from which the paragraph has been extracted should be mentioned. Note that the reflections should be kept separate, ensuring a clear distinction between the text of the legal documents and the Consultant’s interpretation of what this means.

C. Organise the information.

The gathered information could be organized in the following ways that relate to the different objectives of urban sanitation (on-site and offsite along the sanitation value chain) and hygiene:

i. Roles and responsibilities of different levels of government
ii. Map information against the sanitation service chain to understand with whom to engage and show practical gaps in the legislation
iii. Consolidate the information on equity of access to sanitation services by addressing how the Human Rights to Water and Sanitation are reflected in the Constitution or lower level legal documents and specific guidance, what are the targets and timelines defined and who is responsible in Government? How is it monitored and how the conditions for progressive realization are improved?

D. Reflect on what this information means

The reflection and analysis can be done by following questions such as:

  • Which objectives are pursued in urban sanitation (on-site and offsite) and hygiene?
  • Which sanitation technology?
  • What type of settlement?

The answers will highlight roles and responsibilities, priorities and gaps.

The stated objectives of legislation, and focus, will help to understand why certain aspects were included and others excluded in lower level legal documents and plans. The alignment of lower level legislation and plans with the stated objectives and goals can be analyzed. A disconnect can provide opportunities for action. It is expected that the reflection process could provide determination for the following action points:

  • Issues for which there is good legislation but this is unknown
  • Issues for which there is good legislation but this is not used
  • Issues that urgently require better / clearer legislation. Note that not all issues require new legislation but simpler options for addressing these issues through local regulations can be found.

DURATION AND WORK PLAN

The legal review should be done in a period of twenty (30) days. The Consultant is obliged to come up with a workplan.

DELIVERABLES

Deliverable 1: Successful completion of a report on collating legal documents with the relevant excerpts identified and managed
Deliverable 2: Successful completion of a report outlining the organisation of the information and reflection on its implication.
Deliverable 3: Successfully completion of the full Legal Scan review report (including conclusions and recommendations) together with presentation to SNV and partners)

CONSULTANT PROFILE

  • Proven track record of carrying Legal scans particularly in urban sanitation and hygiene
  • Solid experience in designing and carrying out key informant interviews and Focus Group Discussions
  • Good understanding of urban sanitation & hygiene issues an advantage
  • Experience of data collection and data analysis
  • Proficiency in English
  • Self-motivated and able to work independently
  • Ability to travel to engage key stakeholders such as Ministry of Water Development, Sanitation and Environmental Protection, Ministry of Health, Ministry of Local Government, National Water and Sanitation Company, and other key actors such GIZ, WSUP and WASAZA.

Submission of proposal:

All submissions should be sent via:

  1. Email to: [email protected] and [email protected] the subject line should read ” USHHD Consultancy Service for Legal Scan in Urban Sanitation”
  2. Postal: Procurement Office, SNV Netherlands Development Organisation
  3. Nkanchibaya Road, Rhodes Park, Lusaka, Zambia

Please ensure that you mention www.gozambiajobs.com as the source of this job advertisement.

Submissions are to be made available to SNV no later than 14th May 2018.

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