bill drafting expert for the institutionalization of alternative dispute resolution (adr) in bangsamoro autonomous region in muslim mindanao (barmm)The Asia Foundation

Support to Institutionalization of Alternative Dispute Resolution (ADR) in BARMM
Terms of Reference for Bill Drafting Expert
(Fixed Price Contract from February - July 2022)
Qualifications for ADR Lead Bill Drafter
Must be a lawyer and expert in drafting a bill with experiences in policy development or legislations or the minimum will be Juris Doctor with experience in bill drafting
Proficiency in writing skills in English and able to translate the draft bill into legal language
Analytical, must have broader understanding of Alternative Dispute Resolutions (ADR) Law and other relevant local and national policies.
Familiarity of the Bangsamoro conflicts/rido and cultural differences
Knowledge on mediation and or conflict resolution
Must have satisfactory knowledge and skill in capacitating MPOS team on processes of bill drafting.
Preferably a Bangsamoro
Able to speak and understand any local dialects in the Bangsamoro is an advantage.
I. Background
The Preamble of the Bangsamoro Organic Law (RA 11054) recognizes the aspirations of the Bangsamoro people to establish an enduring peace on the basis of justice, balanced society, reflective of their system of life as prescribed by their faith, and in harmony with their customary laws, cultures and traditions. Said law also states that "the Bangsamoro Government shall adopt the principles of conciliation and mediation in settling disputes and, through the Parliament, shall pass the necessary legislation to initiate the mechanism for alternative dispute resolution". Further, it is the declared policy of the Bangsamoro government to promote unity, peace, justice, and goodwill among its constituents, as well as encourage a just and peaceful settlement of disputes.
On the other hand, the Ministry of Public Order and Safety (MPOS) is mandated, under the Enhanced Transition Plan of the Bangsamoro Transition Authority, to perform functions relating to peace building, reconciliation, and unification of all the peoples of the region; and it is one of its duties and responsibilities to formulate and implement policies and programs for the effective settlement of family feuds (Rido) and other horizontal conflicts in the region, as well as for the prevention of the recurrence of such conflicts.
On the basis of the above, the MPOS in partnership with the Office of MP Hussein P Muñoz have conducted a Community-Based Orientation and Consultation on Alternative Dispute Resolution. A two-day activity, during which, the identified participants were apprised on topics related to alternative dispute resolution and consulted for possible legislation on the matter.
Amidst ongoing health crisis brought about by Covid-19, the TAF Forward team continuously navigating the project through strengthening collaborations with specific partners in BARMM, CSOs and academic institutions to proactively respond to the emerging needs for a more productive local governance.
The existence of rido or clan conflict in different parts of the region including areas outside of the BARMM where Bangsamoro exists is one of the tremendous challenges in the Bangsamoro Transition Authority. While the large conflict between the GPH and the MILF has ostensibly ended with the active and ongoing implementation of the peace agreement, other conflicts are occurring across the region thereby affecting the transition governance and the pursuit of genuine peace and development in the Bangsamoro region. The conflict situation in Mindanao is multi-faceted, involving numerous armed groups including rido or clan feuding, criminal gangs, political elites, and other forms of violence
Rido or clan conflict is one of the primary drivers of conflict in the region It is inter-linked with many of the other drivers of conflict as conflict actors often belong to multiple groups and frequently shift alliances Principal among these is the trade in illegal drugs and weapons and political power struggle.
The presence of violence and unrest in the region contributes to major obstacle to achieving sustainable peace in the region. The BARMM through the Ministry of Public Order and Safety (MPOS) and other government instrumentalities has been actively taking the lead to resolve these problems particularly the recurring rido or clan conflict. Hence the formulation and institutionalization of Alternative Dispute Resolution to BARMM governance is very imperative
II. Objectives
Terminal Objective: Pass a bill institutionalizing Alternative Dispute Resolution (ADR) mechanisms in the BARMM that will help address clan conflicts (Rido) in the Bangsamoro region
It also aimed at capacitating the Ministry of Public Order and Safety (MPOS) on drafting a bill that will be useful in the future legislations
Specific Objectives:
Review relevant laws and literatures on rido/conflict resolutions in the Bangsamoro, and the outputs of series of consultations on ADR institutionalization in BARMM
Facilitate/ involve and analyze the results of the consultations before and during the drafting of the bill
Draft/writing of ADR bill and present to MP Muñoz for review, comments before finally submit to BTA Parliament for calendar of deliberations
Capacitate the MPOS (legal) team and some staff on the process of drafting a bill
Provide technical assistance to MPOS/MP Muñoz team re strategies in the deliberations in the committee hearing and to parliament plenary
III. Expected Outputs
Deliverables of the consultancy engagement shall be submitted depending on the approved workplan and will include the following: * Inception report, which will include the scope of work, detailed workplan which includes work schedule and outline of the report, logistical arrangements, etc Capability building/ workshops design, (materials, tools other references)
Report on results of analysis of BARMM present condition and review of related national and ARMM laws and policies related to drafting of BARMM ADR Law, outputs of capacity building on processes of drafting a bill
Reports on submission and acceptance of MPOS of Proposed BARMM ADR Bill
Reports on submission of Proposed Bill to BTA Legislature and assistance to hearings/deliberations
Final Report: Includes passage of the ADR Law in the Parliament and capacity building report for MPOS (legal) team
IV. Scopes of Works, Timeline, Deliverables
The work will be done by an expert on bill drafting and capability building to MPOS team on bill drafting Specific tasks of the consultant shall be -
Gather, consolidate and analyzes relevant and useful references to support to an evidenced-based legislation on ADR in BARMM
Conduct coordination meetings with MPOS to:
a. organize for bill drafting
b. produce a draft bill on ADR in BARMM
c. organize meetings and hearings
Conduct/facilitate capability building/technical sessions, coaching and mentoring to MPOS legal team and selected staff of MPOS on processes of drafting a bill
Technical assistance to MPOS team during presentations to committee hearings and deliberations to plenary
Attend meetings, hearings and deliberations for purposes of assisting in the passage of the bill particularly on producing answers to comments and requirements posed during consultation hearings and deliberations at BTA parliament
Assist in the presentation to cabinet/MPOS and deliberations to committee and plenary of the house of parliament
Provide feedback to Forward Bangsamoro on status, progress, issues and concerns affecting the implementation of the capacity development and bill drafting
Submit reports to TAF Forward Bangsamoro
Table 1 Indicative work plan shall be as follows:
Product Deliverable/Key Milestone Activities
Timeline
### Development and submission of Inception Report
February 14-28, 2022
Meeting with the Consultancy Team
Deliverables and Work Plan Setting
Meeting with Forward Team
Preparatory activities
March 1-30, 2022
Gathering and reviews of the related references for the crafting of the bill
Review of the consultation output in the five provinces
Meetings and consultations with the relevant agencies, organizations, and Members of the Parliament
Presentation, Review and Enhancement of the consolidated information and data
Identification of Co-sponsoring Members of the Parliament
Workshops and Bill Drafting
April 1- 30, 2022
Outlining and Content Formulation and Drafting/with Workshop 1
Drafting and enhancement of the draft Bill/ with workshop 2
Draft Bill Critiquing with stakeholders
Draft Bill Critiquing with agencies and organizations
Draft Bill Critiquing with Members of the Parliament
Bill Finalization
May 1- 30,2022
Enhancement and Finalization
Presentation of the Final Draft to the relevant agencies, organizations, and Members of the Parliament
Final Draft
Submission of Bill Institutionalizing Alternative Dispute Resolution (ADR) in BARMM
June 1-July 15, 2022
Submission of the proposed bill to the parliament
Submission of report on committee hearings (1st, and 2nd readings)
Submission of report on 3rd/final reading
Submission of final report (approved bill)
V. Reporting
The consultant will closely coordinate with Forward Bangsamoro Project of The Asia Foundation (TAF) and the Ministry of Public Order and Safety through designated focal persons Likewise, the consultant will attend meetings that will be organized by TAF with MPOS and provide feedbacks as necessary
Milestone Accomplishments
Development and submission of Inception Report and Finalized Work Plan
Reviewed relevant documents, report on consultations, presentation of analysis of data
Workshop Presentation of 1st draft bill with the critiques to MPOS and TAF Team
Submission/presentation of final draft to cabinet
Submission of final bill to Parliament, submission of 3rd and final reading.
The consultant will submit final report to Forward Bangsamoro Project of The Asia Foundation through the Chief of Party for review and approval.
ReliefWeb

Philippines
Permanent
Full-time