Cambodia has made significant progress in its economic development and poverty reduction. Between 1998 and 2018, the country’s average economic growth rate was 8% which enabled Cambodia to obtain its status as a lower-middle income country in 2015. This status and the continuous economic growth generate more space for the country to provide an improved social protection to its citizens.
Acknowledging that social protection is core to the country’s equitable and inclusive economic growth, the Royal Government of Cambodia adopted in 2017 an ambitious National Social Protection Policy Framework (NSSPF) (2016-2025) aligning two main pillars of the social protection: social assistance and social security. This framework is the road map for the development of the country’s social protection system with the objectives to harmonize and strengthen existing schemes for the effectiveness, transparency and consistency of the whole social protection system. It also aims to expand the coverage of the social safety network to all citizens at a phase appropriate for its social and economic development. Its goal is to serve as strategic plan of the government to ensure income security and reduce economic and financial vulnerability of its citizens.
To achieve the objectives set out in the framework, the government must address the key challenges highlighted in the framework. Some of the challenges include the inconsistency in management and implementation of existing schemes or programs and the lack of coordination of policies that guide them. Existing legal instruments include the Law on Social Security and a number of sub-decrees, Joint Prakas, and Prakas guiding the establishment and implementation of schemes under social security and social assistance. Although schemes under social assistance such as cash transfer for pregnant women and children under 2 years old and for poor and vulnerable households during Covid-19 are operational, the legal basis of the schemes remained to be studied and potentially improved. With more legal instruments expected to be issued in the coming years to further develop the country’s social protection, such as the Law on Social Protection, Law on Social Assistance, sub-decree on pensions for private sector employees and sub-decree on social security for informal workers, legal instruments for mediation and enforcement of the existing policies, there is an important need to assess the overall consistency of the legal architecture to clearly set out the hierarchy and responsibility of the different government institutions. The legal architecture review of Social Protection in Cambodia is important to ensure that various social protection provisions are set and given the appropriate legal justification and their developments are well coordinated to ensure consistency and effective implementation of social protection in Cambodia. As such, a mapping of existing schemes and their guiding policies is, therefore, required to identify the areas of inconsistency among existing policies and policy gaps that needed to be filled.
As part of the UN Joint Program output 1.3, ILO is mandated to assist the General Secretariat for the National Social Protection Council to improve legislative framework for social protection in Cambodia and was requested to assist in providing an overview of the whole social protection legal framework and develop a legal architecture for Social Protection as needed with legal framework and instruments to contribute to the attainment of the objectives laid out in the NSSPF.
In line with NSSPF goal and objectives and international standard of social protection, the work to be undertaken will involve reviewing of the existing policies under the whole social protection system and under each pillar (social security and social assistance), detecting consistency issues among them (including identifying if existing policies are at the right legal hierarchy), identifying policy gaps, and providing recommendations on development of policies needed to fill those gaps. It will also include the development of legal framework in determining the levelling and the appropriate legal instrument for to be use in different scenarios. The work will also include development of the recommended policies as agreed by stakeholders.
Objective of the assignment
The objective of this assignment is to carry out a comprehensive analysis of social protection legal framework and construct, on this basis, an appropriate legal architecture outlining the fitting of existing legal framework and the legal instruments that need to be developed in order to complete the structure.
The main outputs of the assignment are:
- A report on the review of the Cambodian social protection legal framework, the legal framework under social security and social assistance pillars and the recommendations on the legal instruments needed under each pillar including their enforcements and mediations. The recommendations must specify the types of legal instrument (law, sub-decree, Prakas, etc.) needed.
- A review of the appropriate international best practices in the development of the legal architecture of Social Protection and the key lessons that can be distilled from these best practices in other countries and jurisdictions.
- A legal framework detailing the level and the appropriate legal instruments to be used in different scenarios
- Drafting of legal instruments as agreed by stakeholders that are necessary for the functioning of the proposed legal architecture of social protection in Cambodia.
The proposed methodology to complete the assignment will entail but not limited to the following steps:
- Desk review of the Cambodian legal architecture and related legal social protection laws and legal instruments
- Desk review of the international best practices in the development of a legal architecture for social protection
- The review process will be done in 2 phases: i) review of the overarching social protection framework and ii) review of policy framework for each pillar (social security and social assistance) and their schemes, iii) mapping out those documents and analyse if they are at their right level of legal hierarchy, iii) identify inconsistency of those policies.
- The review will be done also through Interviews and consultations with policy makers, GS-NSPC, NSSF, ISSA, ILO and other institutions on SP Legislation to collect feedback and recommendations for amendment and formulations of further policies.
- Based on the reviews, the interviews, and international experiences, recommendations will be formulated by specifying what policies are needed for each scheme and pillar as well as for the whole social protection system to function effectively.
- Consultations with stakeholders on result of the review and the proposed policies
- Drafting of policies agreed by stakeholders as necessary for effective function of social protection system.
- Consultations with stakeholders on the drafting of the legal instruments.
The ILO in Phnom Penh will provide administrative support during this assignment such as making appointments with stakeholders, facilitation during interviews, assisting the collection of relevant policy documents. ILO Social Protection Legal and Standards Office in Geneva will provide technical backstopping for the assignment.
The assignment will involve the following team with the various expertise needed to conduct the different work items:
- Lead Expert responsible for leading the legal review process and for the production of the Final Report.
- National legal expert in charge of providing expert advice on design of legal instruments fitting to Cambodia legal systems and drafting of legal instruments agreed upon by stakeholder
Required profile of the Consultants
The Lead Expert will be responsible for the following outputs:
- Develop a detailed methodology for the legal architecture review and development.
- Designing questionnaires for interviews.
- Conduct interviews with relevant policy makers and non-state actors
- Develop a preliminary report, detailing the findings for discussion with policy makers to determine and select the legal instruments to be drafted
- Production of a final Report including a final set of recommendations for the development of legal instruments and including the legal framework detailing the level and the appropriate legal instruments to be used in different scenarios
- Review draft of selected legal instruments
· Advanced degree or equivalent in Law, International Law or related areas**
· Knowledge of international best practices in social protection legal architecture**
· Minimum of 8 (eight) years of experience, developing work at an international level in relevant legal and social protection work**
· Experience in preparing legal frameworks and recommendations for the development of legal instruments**
· Experience in providing supervision to other legal experts in the drafting of legal instruments**
· Knowledge of the Cambodian legal and social protection context is considered a key advantage**
The National Legal Expert will be responsible for the following outputs:
- Develop a list of existing social protection legal instruments in Cambodia
- Provide an orientation on an overview of the hierarchy of the legal instruments in Cambodia to the lead expert and ILO Social Protection team in Cambodia
- Together with the lead expert, conduct interviews with relevant policy makers and non-state actors
- Together with the lead expert, develop a preliminary report and determine and select the legal instruments to be drafted
- Draft the selected legal instruments with the assistance of the Lead Expert
· Advanced degree or equivalent in Law, Social Protection or related areas
· High level of familiarity with the Cambodian legal context
· Minimum of 5 (five) years of experience at a national level in relevant legal and social protection work
· Experience in drafting of legal instruments appropriate for the Cambodian legal system
· Fluency in Khmer and English
· Knowledge of the Cambodian social protection context is considered a key advantage
Timeline and deliverable
The consultancy is scheduled to start in January 2021 and completed in July 2021 with the expected working days of around 70 days in total.
Interested firms or consultants are required to submit a proposal detailing their proposed approach and the commercial. The proposal will be evaluated based on Cumulative Analysis the following criteria:
• Technical Proposal (100 points) weight; [70%]
• Financial/Price Proposal (100 points) weight; [30%]
A two-stage procedure is utilized in evaluating the proposals, with evaluation of the technical proposal being completed prior to any price proposal being compared. Only the price proposal of the firm who passed the minimum technical score of 70% of the obtainable score of 100 points in the technical qualification evaluation will be evaluated.
The total number of points allocated for the technical qualification component is 100. The technical qualification of the firm is evaluated based on following technical qualification evaluation criteria:
A. Proposer qualifications and experience 20
B. Technical proposal 60
C. Implementation plan and schedule 20
Only the financial proposal of the team of consultants or firm who is identified as qualified in the technical evaluation will be considered and evaluated.
The total number of points allocated for the price component is 100. The maximum number of points will be allotted to the lowest price proposal that is opened/evaluated and compared among those technical qualified candidates. All other price proposals will receive points in inverse proportion to the lowest price.
For further details, please download the ToR from the link below.
How to apply
Interested consultants are requested to submit a separate technical proposal to firstname.lastname@example.org and the financial proposal to email@example.com by 15 January 2021 by 5 p.m. local time in Phnom Penh, Cambodia. Late submissions will not be considered.