To recruit local legal expert for supporting the implementation of the Railway safety & Regulatory Departments

Source: World Bank — Ethiopia- Expressway Development Support Project

THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

MINISTRY OF TRANSPORT

The Expressway Development Support Project

Component 3: Road Safety and Institutional Development Support to the Transport Sector

Expression of Interest for Local Expert qualified in national laws and regulations for

Supporting the implementation of

the Railway Safety & Regulatory Body/Department

Background

Ethiopia is a large and diverse country. It is located in the Horn of Africa and is a landlocked country with an area of 1.1 million km2. Its bio-physical environment includes a variety of contrasting ecosystems, with significant differences in climate, soil properties, vegetation types, agricultural potential, biodiversity and water resources. Ethiopia is also a country of many nations, nationalities and peoples, with a total population of about 87.9 million and a population growth rate of 2.6 percent (2013). Only 17 percent of the population lives in urban centers, the great majority of them in Addis Ababa.

Ethiopia has a federal, democratic government system, established in the early 1990’s with nine autonomous states (‘regions’) and two city administrations.

The GoE has recently implemented its ambitious Growth and Transformation Plan II (GTP; 2014/15-2019/20), which sets a goal of becoming a middle-income country by 2025, with growth rates of at least 11.2 percent per annum during the plan period. To achieve the GTP II goals and objectives, GoE has followed a “developmental state” model with a strong role for the government in many aspects of the economy. It has prioritized key sectors such as industry and agriculture as drivers of sustained economic growth and job creation.

The GTP II prioritizes efficient transportation systems as critical for the transformation of the Ethiopian economy from an agriculture-rural base into one that relies increasingly on industry to lift its impoverished people out of poverty. The interconnection of the fast-growing urban centers predominantly habited by poor people will facilitate agriculture based industrialization, and access to large domestic and export markets, as well as promote services and tourism.

Transport sector policy and oversight in Ethiopia is the responsibility of the Ministry of Transport (MOT). The Government of Ethiopia (GoE), recognizing that the size and quality of transport network is a major constraint to economic growth and poverty reduction, has formulated the GTP II as the national planning document of the country for the period 2014/15-2019/20.

As infrastructure development is one of key elements of economic development of Nations following the economic liberalization policy, the Government has allocated considerable amount of National Budget towards improving the infrastructure network of the Country in order to achieve the vision. The topography poses challenges leading to high cost of land based transport infrastructure development, and yet the country has made an enormous effect to overcome these challenges by building more roads through the Road Sector Development Program (RSDP) over the last 20 years.

With respect to this and to satisfy the demand of the economy for Container and Bulk Cargo Transport Services and the Public Mass Transport at large as well, at affordable tariffs and to be competitive in the international Market, the Government has established Ethiopian Railways Corporation (ERC) by Regulation Number 141/2007 (with its amendments) of the Council of Ministers of FDRE. While ERC is responsible to construct and maintain railway infrastructure and to provide railway transport; MoT is responsible to regulate railway transport as a whole in Ethiopia.

Ethiopian Government deems the railway transport as a strategic transport mode, alternative to the road, for input and export circulation and production. As a landlocked country, Ethiopia depends on the Port of Djibouti in order to handle its imports and exports and it will could benefit of improvements on the corridor infrastructure that serves the port. The port is the main transit port for Ethiopian cargo.

The national railway network construction has, therefore, become an important task into GTP (Growth and Transformation Plan) to connect to Djibouti and the principal economic zones in Ethiopia. To implement the Plan, ERC has prepared a program that envisages to build a new corridor Addis Ababa-Djibouti (now completed) and the construction of the entire national railway network that involves 8 routes for a total estimated length (included buffer) of 5060 km.

Presently, the first international strategic corridor, between Addis Ababa and Djibouti (756 km), has been completed; while the Awash – Weldya - Mekele (700km) railway corridor is in commissioning phase. Other railway lines projects are under discussion phase with the financiers.

In addition, the Addis Ababa Light Rail Transit (LRT) system has been open to service since 2015.

Both the Ethiopian National Railway Network and the Addis Ababa LRT are expected to play a key role in helping the country to enhance the increasing transportation demand and absorb the transportation needs upon their completion and commissioning of the operation.

Hence, the Government has given due attention for the expansion and provision of a safe, reliable, affordable and environment friendly Railway Transport System in the Country.

Safety is the first requirement in railway operation, and in order to build a safety regulatory framework, the MoT has planned to establish a functional Railway Safety and Regulatory Body that will regulate and supervise railway operators (both with functions of Infrastructure Managers and Railway Undertakings).

The Railway Safety and Regulatory Body, under the Ministry of Transport, will have responsibilities related to:

• Licensing and regulating of railway infrastructure and rail transport services;
• Setting and enforcing safety standards, rules and regulations;
• Conducting audit, inspection and accident investigation activities.

Hence, the Government of Ethiopia has given due attention to improve the sector and Ministry of Transport has decided to establish a functional Railway Safety & Regulatory Body that will regulate, authorize and supervise railway operators.

Meanwhile, Road Safety and Institutional Development Support to the Transport Sector is the one of the components of Expressway Development Support Project among 3 approved components. This component grouped in two sub-components: Sub-component 3 (a) is supporting the implementation of the Road Safety through strengthening the capacity of the Recipient’s relevant Road Safety Agency, and sub-component 3(b) is to strengthening the policy-making, planning and monitoring functions of Ministry of Transport (MoT).

Based on the background information, MoT has recruited Railway Safety Individual consultant who will support the establishment of the Railway Safety and Regulatory Body/Department under MoT.

The international individual consultant (Dr. Poalo Celentani) is hired to produce all Regulations, Directives, and Standards necessary for regulating railway safety and also Detailed Procedures and Manuals for the Railway Safety Regulatory Body/Department.  The activity of the Railway Safety Individual consultant needs to be supported by a local expert qualified in national laws and regulations, in order to allow a correct law and regulation drafting, in English and Amharic language, in coherence with the general principles of the Ethiopian legislation. The TOR of the international individual consultant (Dr. Poalo Celentani) under section nine states that as one of the facilities to be provided by MOT to the individual consultant a local expert qualified in national laws will be hired by MOT.  

The assignment will be financed under the ongoing Expressway Development Support Project (P148850), Road Safety and Institutional Development Support to the Transport Sector, which is implemented by the Ministry of Transport. 

1. Objective

The objective of this assignment is

• To Adapt the English versions of the international consultants’ deliverables in accordance with Ethiopian law and to translate in to Amharic the texts of laws and regulations drafted in English language, in order to achieve the needed linguistic accuracy.

1. Scope of work

The scope of the service shall include all the activities necessary to achieve the objective described in Section 2 above.

The local expert qualified in national laws and regulations shall carry out but not limited to the following tasks:

1. Understand the mandate given to the Railway Safety and Regulatory Body by reviewing the Railway Transport Administration Proclamation No. 1048/2017 of Ethiopia and interviewing the Railway Safety Individual consultant and the competent Bureau Head of MOT.
2. Adapting the English versions of the deliverables prepared by the international Individual Consultant in accordance with Ethiopian law and translate in to Amharic all necessary directives, regulations and procedures to be adopted by the Railway Safety and Regulatory Body/Department which are required to perform its mandate, on the basis of the deliverables presented by the Railway Safety Individual Consultant.
3. Adapting the English versions of the deliverables prepared by the international Individual Consultant in accordance with Ethiopian law and translate to Amharic all necessary internal procedures and manuals to be adopted by the different Divisions to make them operative, on the basis of the deliverables presented by the Railway Safety international Individual Consultant ;
4. Share and verify with PIU, Railway infrastructure, service and safety regulatory directorate and collaborators the ongoing activities and deliverable drafts;

1. Deliverables and Payments

The local expert is expected to submit the following deliverables during the assignment.

Draft and Final Report of the assignment and others deliverables as indicated in the following table.  Payments will be made on approval of the following deliverables:

Deliverables 1, 2,3, and 4 will be presented in draft, and updated to include the international individual consultants (Dr. Poalo Celentani) comments to produce the final versions. The final versions of Deliverables 2, 3, 4 and 5 must be approved by international individual consultant (Dr. Poalo Celentani). All final and approved deliverables should be submitted both in English and Amharic in soft and hard copy. The local expert qualified in national laws and regulations is responsible for the accuracy and the similarity of both versions in their content.

Since the TOR of the individual consultant under section nine states that as one of the facilities to be provided by MOT to the individual consultant a local expert qualified in national laws will be hired by MOT, the payment modality the local law expert depends on the approval of the deliverables to be submitted by the international individual consultants (Dr. Poalo Celentani).  The payment to the local law expert is expected to be paid according to the above proportions with the approval of Dr. Poalo Celentani.

1. Required Qualification and Experience

Qualifications and Skills

• Minimum of LLB Degree in Law
• Written and spoken proficiency in the English language,

General Professional Experience

• To have served as Official in a National Railway Organization or in a  FDRE Ministry with law drafting experience, is a preference element;

1. Administration and Reporting

The TOR of the individual consultant under section nine states that as one of the facilities to be provided by MOT to the individual consultant a local expert qualified in national laws will be hired by MOT. Therefore, the local expert will be directly accountable and will report to the individual consultant Dr Paolo Celentani who will be responsible for the coordination and management of the technical aspects of the work to be carried out by the local expert. The local expert will regularly communicate and work closely with the railway infrastructure, service and safety regulatory directorate, PIU team, minister’s office and MOT’s functional departments. The assignment will be financed under the ongoing Expressway Development Support Project: Component 3(b) (P148850).

1. Duration and location of the assignment.

The duration of the assignment is three months, with the possibility of extension subject to the mutual agreement of the parties. Unless otherwise agreed, the local expert will spend three months of the assignment based in Addis Ababa, Ethiopia.

1. Facilities to be provided by the Employer

Work-related local travel expenses outside of Addis Ababa (i.e 30km away from MOT office) will be paid by the Employer as reimbursable expenses. All travel shall have the prior approval of the Employer.  

1. Facilities to be provided by the local expert 

The local expert shall cover all costs associated with office accommodation, office furniture, desktop computer, laptop computers, printing costs, disk, stationery materials, secretarial cost, local personal transportation, mobile phones, internet service, communications, and other facilities as required during his/her stay to undertake the services. The local expert will be responsible for arranging accommodation and transport for personal use. It is the responsibility of the local expert to provide adequate IT, printing and communication equipment.

 Any agreed administrative, secretarial and translation services should be covered under a provisional sum.

1. Remuneration Rate

The rate that is used to determine the local expert’s remuneration will be negotiated based upon the experience, skill, the market value of the profession and salary history of the candidate.

1. Cost Estimate of Services

The local expert qualified in national laws and regulations shall indicate his/her costs as per the following breakdown of services, and may include and/or exclude one or more of the following items:

(1)   Remuneration

(2)   Any reimbursable expenses should get confirmation from MOT in advance before payment of any expenses.

Any transportation expenses in A.A shall be covered by the local law expert.

1.  Applications deadline

Applicants may request further information from the address below during office hours;8. 30a.m - 12.00a.m and 1:3p.m 5.00p.m from Monday to Thursday, and 8:30 a.m-11. 30a.m and 1:30-5. 00p.m on Friday

Applications must be delivered to the address below not later than May 7 ,2021;5: 00P.M

 Ministry of Transport

e-mail. ----------- and for any clarification you can contract 251 11 551 6634 only in working Hours

Physical address: Human Resource Directorate,4th Floor, room No 403

Opposite to National Post office, P.O. Box 1238, Churchill street, Addis Ababa, Ethiopia