Individual Consultant: Review of National Laws, Rules, Regulations and Policies

Job Description

DESCRIPTION OF THE ASSIGNMENT

2.1 Global objective

The global objective is to undertake a review of national laws, rules, regulations, and policies to conform with the provisions of the Yamoussoukro Decision for the air transport sector in the Eastern Africa, Southern Africa, and Indian Ocean (EA-SA-IO) region focusing on the current status of the three Result Areas of the SATSD Programme.

2.2 Specific objective(s)

The specific objectives of the assignment include the following: -

1. Analyse the national laws, rules, regulations, and policies for compliance with the provisions of the Yamoussoukro Decision (YD).
2. Identify non-physical barriers that hamper the implementation of YD in the EA-SA-IO region and develop plans, strategies, and mechanisms to harmonize air transport national laws, rules, regulations, and policies.

• Develop a transitional provision that would be adopted to achieve full liberalisation of air transport in EA-SA-IO region.

1. Develop a strategy to enhance cooperation among African airlines in order to stimulate growth of inter-African air transport and need to improve quality of service to the consumers.
2. Recommend an elaborate monitoring and evaluation framework for effective implementation of air transport rules, regulations, and policies.
3. Develop and disseminate regional institutional and legal frameworks and instruments to foster the implementation of YD.

Specifically, the expert will review the status of the national laws, rules, regulations, and policies in the air transport sector focusing on but not limited to the following aspects:

1. Legal and institutional framework
2. Infrastructure
3. Skills gap/Training requirements
4. Bilateral Air Service Agreements
5. Airlines
6. Articles of the YD including declaration of commitment on decision to the implementation of YD.

The main tasks include but not limited to the following: -

1. Review all the relevant documents provided by the Programme including the programme description of action, the Log frame, programme indicators and/or programme targets and any other source documents deemed necessary to complete the assignment.
2. Develop the methodology to conduct the review of the National laws, rules regulations and policies and submit to the COMESA for review and approval.

• With facilitation from Member States (MS) focal point collect data and analyse in general the Air Transport sector in the EA-SA-IO region by identifying the main characteristics and contribution to the socio-economic development which should include macro-economic and social setting, policy, legal and regulatory and institutional setup and processes.

1. Identify Key problems/issues as well as opportunities faced by the regional and national authorities in relation to having a liberalised and integrated air transport market. Such gaps should relate to among others, physical and non-physical barriers, policy and infrastructure requirements, sustainability and management of air transport sector and potential measures to address the gaps.
2. Review bilateral agreements to determine conformity with articles of the YD.
3. Identify Member states that have signed the form of Declaration of Commitment on the Decision relating to the implementation of the Yamoussoukro Declaration concerning the liberalization of access to air transport markets in Africa.

• Prepare a final report with an in-depth analysis of the results of conducting the review of national laws, rules regulations and policies which should include objectives, methodology, key findings, and recommendations.

In carrying out the above assignment, the consultant is expected to adopt a consultative approach that involves the following:

• Descriptive and analytic Desk Reviews.
• In-depth interviews with Member/Partner States (Ministries/departments and agencies involved in Air Transport) in consultation with COMESA, EAC, IGAD, IOC and SADC Secretariats.
• The interviews may be face to face and/virtual. A standard questionnaire will be designed and discussed with COMESA during the inception phase on behalf of the other four RECs.
• It is expected that the consultant will consult all Member/Partner States virtually during the course of this assignment, being facilitated by the PMU staff at the COMESA Secretariat. The findings of the Consultants will be validated through a regional workshop that will be attended by a number of stakeholders (COMESA, EAC, IOC, IGAD, SADC, Member/Partner States, EU and other stakeholders).
• The day-to-day management of the Consultant’s work will be coordinated and supervised by COMESA Infrastructure and Logistics Division through the Programme Management Unit.
• The SATSD Programme Team Leader will address all day-to-day technical issues relating to the study. COMESA Infrastructure and Logistics Division will provide regular oversight role in particular on the progress of the assignment.
• COMESA will coordinate and manage the missions to Member/Partner States and will be responsible for all protocols related to experts travel and their contacts with Member/Partner States in liaison with the other RECs.

2.4 Deliverables

The document to be produced should meet all conditions specified in 2 above. The deliverables of the assignment should include:

1. Inception Report
2. Draft Final Report

• Final Report
  • Inception Report

The consultant shall prepare an Inception Report outlining the strategy and detailed workplan for fulfilling the Terms of Reference (ToRs). This shall include a comprehensive list of key documents for review, list of stakeholders to consult and a proposed schedule for stakeholder consultations (in Member/Partner States and REC Secretariats), methods of data collection and analysis. The Inception Report will be presented to COMESA, fifteen (15) days after commencement of assignment. The Inception Report shall be discussed with and approved by COMESA as the Lead REC for the SATSD Programme.

• Draft final Report

The consultant shall submit a Draft Final Report within Ninety (90) days after Inception The report will bring out results on all aspects highlighted under section 2.3, providing details and relationships among them including annexes to clearly guide the readers. The Consultant will be expected to share their draft report with COMESA in an agreed format for preliminary review and validation. Furthermore, the consultant is expected to participate and present the findings and recommendations at agreed technical and policy platforms to discuss and validate the report.

• Final Report

The final report will be submitted within fourteen (14) days after receiving comments from Member/Partner States and the RECs. The Report will comprise an Executive Summary, main body (methodology, key findings, and recommendations) and relevant Annexes. The final report will be submitted together with the validation Workshop Report.

• TIMELINES
  • Commencement Date and Period of Implementation

The assignment shall be completed within a period of one hundred and twenty (120) calendar days, commencing from the date of receipt of the Notice of award.

• MANAGEMENT

4.1 Contracting

The Contract for the Assignment shall be signed between COMESA Secretariat and the Consultant.

4.2 Language of the Specific Contract

All documents shall be in English language.

4.3 Supervision

It is expected that the consultant will work in very close coordination with the COMESA Secretariat, providing regular, unsolicited updates, and responding promptly and flexibly to the needs and demands of COMESA and the corresponding timelines. Overall reporting will be to Director of Infrastructure and Logistics and supervision will be administered through regular meetings and communication to monitor progress of the study and provide general and specific guidance. All reports shall be in electronic format in MS Word, Excel or PowerPoint as the case may be.

4.4 Reporting

All reports shall be in English submitted in both electronic and printed format on A4 paper. The Final Draft including all background documents will be submitted in five (5) bound hard copies as well as in electronic format to the COMESA Secretariat. The secretariat shall translate the documents in both French, Arabic and Portuguese languages.

4.5 Location

The location of the assignment is home-based with field visits to COMESA, EAC, IGAD, IOC and SADC if virtual meetings are not possible with at least two travel missions to COMESA, and at least one visit to each of the other four RECs and selected Member/Partner States for information gathering.

4.6 Duration

The total number of days allocated for this assignment is one hundred and twenty (120) calendar days inclusive of travel days. The cconsultant will be required to have completed the study and submit the Final Report within this period.

• QUALIFICATIONs AND EXPERIENCE
  • Academic Requirements

1. Master’s degree in Air Transport, Aviation Law, Engineering, Economics, Business Administration, Aviation or a relevant directly related discipline.

• Professional Requirements

1. At least 10 years of progressively relevant experience in sustainable air transport development, air transport policy, planning, strategy and regulation as well as programme/project management with a minimum of 5 years in managerial position.
2. Good knowledge of the roles of Regional Economic Communities (RECs) in the EA-SA-IO region and/or the African Union in sustainable development of air transport and aviation in general.
3. Experience in civil aviation regulations related to aviation safety, security and environmental protection to assist African States in the practical interpretation and implementation of the African Civil Aviation Policy in order to enable them to meet the requirements under the Convention on International Civil Aviation.
4. Good knowledge of the aviation sector reform debate.
5. Experience in air navigation and airport infrastructure project preparation, implementation and monitoring in the Region.
6. Experience in dealing with air transport liberalization frameworks.
7. Knowledge in multimodal transport and interaction between air transport trade, tourism and other economic activities.
8. Experience in facilitating seminars and workshops.
9. Strong writing and presentation skills.
10. Relevant experience working in similar donor funded regional programmes, preferably (but not limited to) EU-funded programmes, in developing countries in general and in Sub-Saharan Africa in particular is considered as an additional asset.

Application Deadline: 14 April 2022