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For every child, the right to educationย
The Education Act 2009 (โEducation Actโ) in Samoa establishes the legal framework for the country's education system, mandating compulsory education for children and ensuring access to quality education. It also regulates both public and private educational institutions, promoting inclusivity and protecting children's rights within the educational context. Below are some of the key features that are highlighted in the Education Act.
(a) Compulsory Education: The Act mandates that every child in Samoa must attend school, ensuring that education is accessible to all children from early childhood through to tertiary levels.
(b) Regulation of Educational Institutions: It provides a legal framework for the operation of both public and private schools, defining the roles and responsibilities of various educational entities.
(c) Assessment and Standards: The Act outlines the assessment processes for primary and secondary education, including national assessments like the Samoa Primary Education Literacy Level (SPELL) and the Samoa School Certificate (SSC).
(d) Inclusion and Rights: It emphasizes the importance of inclusiveness in education, ensuring that all children, regardless of their background, have the right to quality education.
(e) Support for Early Childhood Education: While early childhood education (ECE) is not compulsory, the Act supports initiatives to encourage enrollment and improve the quality of ECE services.
Purpose and Mandate
(f) Quality Education: The primary purpose of the Education Act 2009 is to ensure that all children receive a quality education that prepares them for future opportunities.
(g) Equity in Education: The Act aims to eliminate barriers to education, promoting equal access for all children, including those from marginalized communities.
(h) Development of Human Capital: By mandating education, the Act seeks to develop a skilled and knowledgeable workforce that can contribute to the socio-economic development of Samoa.
(i) Protection of Children's Rights: The Act aligns with international standards for children's rights, ensuring that educational practices respect and uphold these rights.
Reviewing the Education Act for Samoa is crucial to ensure it remains relevant and effective in addressing current educational needs and challenges. Regular assessments can help identify gaps, improve inclusivity, and adapt to changes in societal values and international standards, ultimately enhancing the quality of education for all children. The Ministry has highlighted several key reasons underscoring the importance of reviewing the Education Act:
(a) Adaptation to Changing Needs: As society evolves, so do the educational needs of children. A review allows for the Act to be updated to reflect contemporary issues such as technology integration, mental health awareness, and diverse learning needs.
(b) Enhancing Inclusivity: Regular reviews can help identify barriers that marginalized groups face in accessing education. This ensures that the Act promotes equitable opportunities for all children, regardless of their socio-economic background.
(c) Alignment with International Standards and the newly developed Education Sector Plan: Education systems worldwide are continuously evolving. Reviewing the Act ensures that Samoa's education policies align with global best practices and commitments, such as those outlined in the SDG 4 and PacREF.
(d) Improving Quality of Education: By assessing the effectiveness of current educational frameworks and assessment methods, the review can lead to enhancements in teaching quality, curriculum relevance, and student outcomes.
(e) Stakeholder Engagement: A review process encourages input from various stakeholders, including educators, parents, and community members. This collaborative approach fosters a sense of ownership and accountability in the education system.
(f) Resource Allocation: Evaluating the Act can help identify areas where resources are lacking or misallocated, ensuring that funding and support are directed where they are most needed to improve educational outcomes.
(g) Future-Proofing Education: As new challenges arise, such as those posed by climate change or economic shifts, a review can help the education system prepare students for future challenges, equipping them with the necessary skills and knowledge.
How can you make a difference?ย
The primary objective of this consultancy is to deliver high quality, accurate and evidence-based legal advice, recommendations and outputs related to the review of the Education Act 2009 and associated legislation.
The scope of work identified under focus areas is outlined below:
The Legislative Drafting Consultant (โConsultantโ) will work closely with the Legal Services Unit and other relevant Divisions under the Ministry of Education and Culture (MEC) throughout the consultative review process and subsequent recommendations to:
Conduct a comprehensive legal review of the Education Act 2009, Teachers Act 2016 and any other relevant legislation to gauge the relevancy and appropriateness of any proposed change to the Education Act.; Assess the Education Actโs alignment with international commitments including the CRPD, CEDAW, and SDG 4, with particular attention to the rights of children with disabilities, gender equity and climate resilience. Recommendations should be evidence-based and aimed at strengthening inclusive, equitable and sustainable education systems. Prepare and submit a Report on key findings from the legal review and recommendations on necessary/proposed legislative amendments to the Chief Executive Officer, Legal Services Unit and/subsequently to the MEC Core Executive members if needed;Deliverable 1: Desk review, recommendations and outline of next steps and approaches.
Deliverable 2: First Draft Bill and Consultation Report
Deliverable 3: Second Draft Bill and Summary Report
Deliverable 4: Final Bill, Explanatory Memorandum and Cabinet Submission
Please refer to the ย ToR Samoa Education legislation Review.pdfย for further information on the deliverables and the timelines.ย
Guidance for Applicants:ย Submit a cover letter, technical proposal, and financial proposal (lump sum with breakdown)
Daily fees: Based on the deliverables outlined in the Terms of Reference International applicants outside of Samoa: Support for one economy class return fare may be added to the financial proposal National consultants: Only professional fees are required. Insurance: All consultants are responsible for arranging their own insurance coverage for any travel or missions undertaken as part of this assignment. Miscellaneous Costs: Include expenses related to visa processing, health insurance (including medical evacuation for international consultants), communications, and any other relevant costsTo qualify as an advocate for every child you will haveโฆย
Minimum requirements:
Education:
Bachelor of Laws Degree (LLB) from a recognized tertiary institution. A certificate for legislative drafting is desirable or adequate drafting experience;Experience & Skills:
At least 10 yearsโ experience in legal practice with experience in legislative drafting that is evidenced by a full list of laws/regulations which the applicant has drafted; Must have a valid annual practicing certificate from the Samoa Law Society; Has prior work experience on legal issues related to this assignment; Excellent understanding of the Legislative Drafting Manual 2014 issued by the Office of the Attorney General; Understanding of the roles of the different relevant stakeholders who are / will be affected by this assignment; Demonstrated experience in working with government partners and other stakeholders in public sector. Ability to work with minimal supervision; Strong organizational skills and attention to details; High level written and oral communication skills in English and Samoan languages; and Demonstrates excellent interpersonal and professional skills in interacting with government agencies and stakeholders for this assignment.Language:
Fluency in English is required.For every Child, you demonstrate...
UNICEF's values of Care, Respect, Integrity, Trust, Accountability, and Sustainability (CRITAS).ย
To view our competency framework, please visit ย here.ย
UNICEF is here to serve the worldโs most disadvantaged children and our global workforce must reflect the diversity of those children. The UNICEF family is committed to include everyone, irrespective of their race/ethnicity, age, disability, gender identity, sexual orientation, religion, nationality, socio-economic background, or any other personal characteristic.
UNICEF offers reasonable accommodation for consultants with disabilities. This may include, for example, accessible software, travel assistance for missions or personal attendants. We encourage you to disclose your disability during your application in case you need reasonable accommodation during the selection process and afterwards in your assignment.ย
UNICEF has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and UNICEF, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination. UNICEF also adheres to strict child safeguarding principles. All selected candidates will be expected to adhere to these standards and principles and will therefore undergo rigorous reference and background checks. Background checks will include the verification of academic credential(s) and employment history. Selected candidates may be required to provide additional information to conduct a background check.ย ย
Remarks:ย ย
Only shortlisted candidates will be contacted and advance to the next stage of the selection process.ย
Individuals engaged under a consultancy will not be considered โstaff membersโ under the Staff Regulations and Rules of the United Nations and UNICEFโs policies and procedures and will not be entitled to benefits provided therein (such as leave entitlements and medical insurance coverage). Their conditions of service will be governed by their contract and the General Conditions of Contracts for the Services of Consultants. Consultants are responsible for determining their tax liabilities and for the payment of any taxes and/or duties, in accordance with local or other applicable laws.ย
The selected candidate is solely responsible to ensure that the visa (applicable) and health insurance required to perform the duties of the contract are valid for the entire period of the contract. Selected candidates are subject to confirmation of fully-vaccinated status against SARS-CoV-2 (Covid-19) with a World Health Organization (WHO)-endorsed vaccine, which must be met prior to taking up the assignment. It does not apply to consultants who will work remotely and are not expected to work on or visit UNICEF premises, programme delivery locations or directly interact with communities UNICEF works with, nor to travel to perform functions for UNICEF for the duration of their consultancy contracts.ย