National Consultant to strengthen the legislative and regulatory framework for tobacco control
( 2305200 )
Contractual Arrangement: External consultant
Contract Duration ( Years, Months, Days ): 30 days
Job Posting: Jun 22, 2023, 10:21:35 AM
I. BACKGROUND AND JUSTIFICATION
Tobacco is a risk factor in six of the top eight causes of death worldwide, and kills more than eight million people every year. The tobacco-related burden of disease led to the adoption of the World Health Organization Framework Convention on Tobacco Control ( hereinafter « WHO Framework Convention » ) <TAG1> by the World Health Assembly in 2003. This global public health treaty, negotiated under the auspices of WHO, entered into force in 2005. In December 2020, the Framework Convention brought together 182 Parties.
However, while the Parties adopt the WHO Framework Convention and apply its provisions through sound tobacco control policies and legislation at the national level, new and emerging tobacco and nicotine products threaten progress in tobacco control. These products, which include electronic inhalers containing or not nicotine and heated tobacco products, pose specific regulatory problems, especially for regulators who are not equipped to combat complex strategies used by the tobacco industry and related industries.
If the evidence regarding the effects of these products on the health of users and non-users accumulates, the level of specific risk associated with them has not been irrefutably estimated, and their long-term effects remain unknown. This has caused confusion, especially with regulators who do not know how to classify, monitor, tax and regulate these products.
There is therefore a need for countries to strengthen the implementation and application of effective measures to combat new and emerging tobacco and nicotine products. WHO, which is committed to supporting countries to support such measures, has a strategic position enabling it to provide evidence-based recommendations to fill the identified gaps, promote best practices and encourage multisectoral collaboration aimed at stimulating the development of effective strategies for tobacco products and nicotine-based products.
II. OBJECTIVES OF THE CONSULTATION
In order to strengthen the legislative and regulatory framework for tobacco control in Gabon relating to new and emerging tobacco products, WHO intends to support the Ministry of Health in the recruitment of a national consultant who will be responsible for drawing up new implementing texts, relating to the regulation of new tobacco products, which, once finalized and validated, will set new terms relating to Law 006/2013.
III. CONSULTANT MISSIONS
Under the general supervision of the national administrator responsible for health promotion, and direct from the Tobacco Control Focal Point and in close collaboration with the tobacco control consultant and the National Tobacco Control Program team, the consultant will be responsible for ( e ) :
- Review existing legal texts on tobacco legislation
- Carry out preparatory work for the drafting of new texts. This will include consultations with all stakeholders, study of current texts, review of texts according to the Framework Convention for Tobacco Control ( CCLAT ) and its directives
- Gather and synthesize information or elements from partners and other stakeholders at regional and national level for better preparation of new draft decrees
- Align new laws relating to NENTP and other themes validated by the national party with international and national frameworks
- Animate and supervise work sessions during consultation and consultation meetings
- Write at least 3 draft decrees to be submitted to WHO and the Ministry of Health for validation and adoption by the parties concerned.
IV. EXPECTED RESULTS
It is expected that :
- At least 3 draft texts relating to new and emerging tobacco products and other selected themes are available
- The directives of the CCLAT as well as the contributions of all the actors of the fight against tobacco are taken into account during the meetings of consultation and consultation
- Concertation meetings are well conducted and are fruitful.
V. METHODOLOGY
To achieve the objectives set, the consultant will have to consult with stakeholders. Then, a final workshop will be held for the finalization of the draft texts relating to NENTP and other selected themes.
The consultation will be conducted by the service provider in a transparent, consultative and participatory manner as well as having to use the entire range of tools available to collect and analyze the relevant information.
In particular, it will be based on :
- Discussions and analysis in working groups of a draft drawn up beforehand with the assistance of technicians from the Ministry of Health and Social Affairs and WHO
- Exploitation and analysis of information collected for the production of documents relating to draft texts to be prepared
- The service provider will carry out the work in close collaboration with representatives of the Ministry of Health and Social Affairs, WHO and any other resource deemed useful.
- The Ministry of Health and Social Affairs and WHO will ensure quality control of all the products of the consultation.
VI. EXECUTION TIMES
The consultant’s work, including the final preparation of the texts, must be finalized within the set deadlines.
VII. CONSULTANT PROFILE
The National Consultant responsible for the preparation and final drafting of legislative and legal texts must fulfill the following criteria : Qualifications
Education
- Have at least one Master of Laws ( magistrate, criminal law, public law, private law or in areas deemed relevant ) with good editorial capacity in matters of legal texts.
Professional experience
- Have at least 5 years of professional experience in writing legal studies
- Have proven expertise, technical capacity and practical experience in data collection, research, analysis and evaluation
- Have proven experience in drafting and updating legislative and regulatory texts
- Have a good knowledge of international standards and standards in international conventions
- Have an excellent knowledge of Gabonese law
Knowledge of languages
- Have an excellent command of oral and written French.
Functional skills
- Have personal communication skills, ability to work in close collaboration with government partners, civil society and technical and financial partners ;
Generic skills
- Communication
- Teamwork
- Promotion of individual and cultural differences
- Produce results
VIII. TREATMENT AND FACILITIES
The consultant will be recruited for a period of ( 30 ) days. The consultant’s fees and salaries will be paid according to the salary scale of the national consultants according to WHO policy, at the NOA grade.
Be available within ten days of notification of selection by the WHO Representation Office in Gabon.
