INVITATION FOR EXPRESSIONS OF INTEREST 

CONSULTANCY SERVICES  

FOR

LEGISLATIVE DRAFTING FOR AMENDMENTS OF CHILD-FRIENDLY LAWS AND BILLS IN THE OECS

The Organisation of Eastern Caribbean States (OECS) Commission invites interested eligible Individual Consultants to submit Expressions of Interest for the provision of consultancy services to undertake Legislative Drafting for Amendments of Child-Friendly Laws and Bills in the OECS.

The Terms of Reference and Guidelines for the submission of Expressions of Interest for this consultancy are provided below.

TERMS OF REFERENCE 

 CONSULTANCY SERVICES 

FOR

LEGISLATIVE DRAFTING FOR

AMENDMENTS OF CHILD-FRIENDLY LAWS AND BILLS IN THE OECS

1.0. BACKGROUND 

The Opportunities to Advance and Support Youth for Success (OASYS) Project is currently being implemented by the Organisation of Eastern Caribbean States (OECS) Commission with funding from the United States Agency for International Development (USAID) in the six (6) independent Member States of the OECS namely, Antigua and Barbuda, the Commonwealth of Dominica,

Saint Kitts and Nevis, Grenada, Saint Lucia, and Saint Vincent and the Grenadines, by providing opportunities for diversion, rehabilitation, and reintegration of youth in conflict with the law. 

A paradigm shift in Child Justice began through the Juvenile Justice Reform Project (JJRP), which focused on transitioning from a punitive to a rehabilitative Child Justice System. The OASYS Project builds on the work done during the JJRP to transform the Youth Justice System. It  facilitates the operationalisation of institutional mechanisms that will help target a wider crosssection of young people throughout the region from ages ten to twenty-nine (10 - 29).

Harmonised legislation has been the primary focus of the regional reformation of the Child Justice System throughout the last decade. The shift began with the six (6) OECS participating Member States of the JJRP utilising the OECS Family Model Bills as the baseline for drafting and enacting child-friendly legislation, namely Child Care (Protection and Adoption) and Child Justice Laws. 

During the JJRP, five (5) of the Member States, namely Antigua and Barbuda, Grenada, Saint Kitts and Nevis, Saint Lucia, and Saint Vincent and the Grenadines, enacted and effected the immediate use of both the Child Care (Protection and Adoption) and Child Justice Legislation. While Saint Vincent and the Grenadines enacted child-friendly laws, their implementation remains outstanding. Dominica completed the review and drafting process initiated under the JJRP, passing its Care and Adoption Bill in April 2023. Although the Child Justice Bill was presented to Parliament in April 2023, the legislative review process must continue to address the subsequent concerns raised.

During the implementation of the legislation in the four (4) Member States, gaps and conflicts with other pieces of legislation were recognised including:

●Conflicts between the child-friendly legislation and the Criminal Code.

●The short timeframe between the arrest of a child and the completion of the assessment to determine the eligibility for diversion.

●The exclusion of the Child Justice Committee/Board for the initial inquiry.

●The consideration of Pre-charge Diversion being legislated. 

●The inclusion of mental health and substance use disorder screening and/or assessments as a mandatory step during the already outlined assessment section within the Legislation.

●The inclusion of aftercare and re-integration to facilitate the follow-up and work with children after the end of a Diversion Order and/or release from a residential facility.

Due to recognised gaps in the legislation, five Member States have expressed the need to review and revise their laws or bills, as legislation drives the reform process and informs the measures, systems, interventions, and protocols necessary for implementation.  

2.0. PURPOSE OF THE CONSULTANCY

The Consultant is expected to draft amendments for five (5) OECS Member States as follows:

A. Specified amendments for the Child/Children (Care, Protection, and Adoption) Acts of the following five (5) countries:

1)Antigua and Barbuda

2)Commonwealth of Dominica

3)Grenada

4)Saint Kitts and Nevis

5)Saint Lucia

B. Specified amendments for the Child Justice Acts of the following four (4) countries:

1) Antigua and Barbuda
2) Grenada
3)Saint Kitts and Nevis
4)Saint Lucia

C. Specified drafting for the Child Justice Bill of the Commonwealth of Dominica

3.0. SCOPE OF SERVICES AND DELIVERABLES

The Consultant shall perform and be responsible for all the services described below. The Services shall include, but not be limited to the following:

A.Conduct an in-depth assessment of the current legal framework governing child justice among other relevant legislation in the targeted Member States.  This should include a review of all reports and Acts at the national levels relevant to this assignment and consultations with all relevant stakeholders to determine areas for strengthening the legislative provisions. 

B.Prepare a report of the findings following the initial assessment, outlining recommendations for legal reform and addressing gaps in the current policy and legal frameworks.

C.Draft legislative amendments for the Child/Children (Care, Protection, and Adoption) Acts of the five (5) OECS countries named in section 2.0 above.

D.Draft legislative amendments for the Child Justice Acts of the four (4) countries named in section 2.0 above, with the inclusion of the following in the Child Justice Legislation: 

1)Mental Health Screening and/or Assessments as a mandatory step during the already outlined Assessment Section in the law; 

2)Substance Use Disorder Screening and/or Assessments as a mandatory step during the already outlined Assessment Section within the laws; 

3)Reintegration for consideration under the Residential Facility Section;

4)Aftercare as it relates to the Diversion Orders; and

5)Pre-charge Diversion, specific to some countries particularly Dominica. E.Draft the Child Justice Bill for the Commonwealth of Dominica.

F.Revise, update, and/or draft relevant Regulations and Forms.

G.Conduct multi-level validation exercises with each Member-State.

H.Submit final drafts to the Attorney General Chambers of the five (5) Member States through the Legal and Governance Division of the OECS Commission.

4.0. DURATION OF THE ASSIGNMENT

The Assignment is expected to be undertaken within twenty-eight (28) weeks from the date of contract signing, during the period January to December 2025.

The consultant shall ensure that the entrusted task is executed properly and on schedule in accordance with the established Terms of Reference and internationally accepted standards. 

5.0. EXPECTED DELIVERABLES AND PAYMENT SCHEDULE

The consultant is required to produce and submit the following deliverables to the OECS Commission:

6.0 REPORTING REQUIREMENTS

The Consultant will report to the Project Manager, OASYS Project and will receive technical guidance and advice from the Technical Specialist - Youth Justice, to guide the Consultant during the execution of the assigned tasks.  

Support will also be provided by the OASYS Project Management Team and The National Coordinators in the participating Member States to support the mobilisation, planning and execution of national stakeholder engagements.

In the conduct of work, the Consultant shall cooperate fully with the relevant departments and Units of the OECS Commission, Government Ministries, Departments and Agencies.          

7.0. QUALIFICATIONS, EXPERIENCE AND SKILLS

An individual consultant with the following qualification and expertise is required:  

Qualifications:

• At minimum, a Master’s degree or equivalent in a relevant field of Law; ● Qualified to practice law in an OECS Member State.  

Professional Experience:  

• At least ten (10) years of professional experience in family law, criminal law, human rights law or legislative drafting.

• Experience working with government bodies, and/or other intergovernmental organizations.

• Previous experience in undertaking similar assignments  is an asset.

Skills and Competencies:

• Sound knowledge and understanding of the context, key issues and legal framework related to child justice in the OECS.

●  

• Excellent research, report writing, presentation and analytical skills.

• Fluency in written and spoken English and ability to communicate effectively to diverse audiences.

GUIDELINES FOR SUBMISSION OF EXPRESSIONS OF INTEREST

Eligible Individual Consultants are invited to indicate their interest in providing the services.  Interested Consultants must provide information on their capability and suitability to undertake the assignment.  

Individual Consultants interested in undertaking the prescribed Services are to email an Expression of Interest to include: 

1.Information on the Consultant’s qualifications to perform the services, experience and competence relevant to the assignment, including a Curriculum Vitae. 

2.A concept note on the planned framework for undertaking the assignment and a breakdown of the number of days/weeks required for each task (as per Section 5. above). 

Expressions of Interests submitted should not exceed 30 pages. 

The Consultant shall bear all costs associated with the preparation and submission of the Expression of Interest.  

The OECS is not bound to accept any Expression of Interest and reserves the right to annul the selection process at any time prior to contract award, without thereby incurring any liability to the Consultants. 

Expressions of Interest should be submitted, via email, by November 6, 2024, addressed to: 

Procurement Officer 

OECS Commission 

Morne Fortune 

P.O. Box 1383  Castries 

Saint Lucia 

Email: procurementbids@oecs.int  copied to: oasyspmt@oecs.int 

The email submission should include the name and address of the Individual Consultant and shall be clearly marked in the subject line as “Expression of Interest – Consultancy Services for Legislative Drafting for Amendments of Child-Friendly Laws and Bills in the OECS.”

An Individual Consultant will be selected in accordance with the Consultant’s Qualifications (CQS) Selection Method as detailed in the procedures set out in the Procurement Manual of the OECS, Revised February 2020. 

The criteria to evaluate the Expressions of Interest received in relation to this assignment may include: 

●Technical competence in undertaking the assignment; 

●Academic qualifications;  

●Experience in undertaking similar assignments; and

●Planned framework submitted for undertaking the assignment. 

The Individual Consultant with the most relevant experience, qualifications and technical competence will be selected and requested to submit a financial proposal, which will be the basis for negotiations leading to a contract.  

It is expected that the services will be conducted from January – December 2025, in keeping with the terms outlined in the Reporting Requirements above. 

Enquiries regarding this REOI should be directed, in writing, to procurementbids@oecs.int.

1. REOI for Consultancy services to undertake Legislative Drafting for Amendments of Child Friendly Laws and Bills in the OECS.pdf