Cambodia has an ambitious plan of accelerating economic growth over the coming decades. In addition to the pursuit of growth, meeting the growing aspirations of the population requires policies targeting the reduction of vulnerabilities. Aware of these challenges, the Government has placed Social Protection at the core of its priorities. The launch of the National Social Protection Policy Framework (2016-2025) was a milestone and illustrates the importance placed on social protection, which for the first time combines social security (including social health insurance) and social assistance under one single strategy. The National Social Security Fund (NSSF) has a major role in the young system. It was established in 2008 under the provision of the 2002 Law on Social Security. The Employment Injury Scheme was launched in the same year, followed by the establishment of the mandatory Social Health Insurance (SHI) in January 2016. The pension scheme was rolled out later in 2022. The National Social Security Fund (NSSF) currently counts about 1.4 million members.
The ILO is supporting the development of the NSSF and more broadly the social security system in Cambodia through analysis, evidenced based policy and financial decision making, capacity building work and knowledge transfer which will complement other ILO work on social protection. As part of this work, the ILO is providing technical cooperation in carrying out a full actuarial valuation as a key element to ensure that policy and financing decisions are evidence based. The ILO is therefore reviewing the Employment Injury Scheme, the Social Health Insurance Scheme, and the Pension scheme.
Against the backdrop of an expanding Social Security system, Convention No. 102 serves the ILO constituents as guideline and reference for minimum standards of social security, the need of which is widely recognized, in particular to extend coverage to the self-employed, informal economy workers, and dependents of NSSF members.
Convention No.102 constitutes an internationally recognized and monitored safeguard that serves to guarantee that the protection provided to workers and their families is not reduced below the internationally agreed minimum levels. The assessment of the achievements of the Cambodian Social Security schemes against the principles and standards of Convention No.102 can contribute identifying areas of intervention for ensuring adequate basic levels of income security and access to basic services, as well as setting an environment conducive to political and social stability, and creating an environment attractive to business and international investments.
Objective Of The Consultancy
The general objective of the consultancy is to assess if the current legal and regulatory framework is complying with the international social security standards set out in ILO Convention No.102. The document is expected to support the line ministries, trade unions, employers’ organizations, and the Cambodia ILO Office in identifying key areas of inadequacy against minimum standards.
The C102 Assessment should include:
- A mapping of the existing national social security legal framework, including laws, decrees, circulars and other documents in the areas of social security and national health insurance, including the Labour Law.
- A review of the compliance of the Cambodian legal and regulatory framework on health insurance and social security with Convention 102.
Specific Tasks
The international consultant is expected to cover the following tasks:
- Task 1: Complete the ILO mapping of the social security and health insurance legal framework including laws, decrees, circulars, and other documents in the areas of social security and health insurance (52 legal instruments identified).
- Task 2: A comparative analysis of the national legal framework on social security and health insurance with Convention 102, with the objective of providing recommendations for the establishment of a comprehensive, coordinated, effective and adequate social security and health insurance legal framework in line with international labour standards.
- Task 3: Participation in a tripartite consultative workshop, presentation of findings and integration of stakeholders’ feedback in the final comparative analysis.
The international consultant will be expected to work in close contact with a local legal consultant, identified and contracted separately by the ILO.
DELIVERABLES AND TIMELINES
- Deliverable 1: Finalized mapping (covering Task 1)
- Deliverable 2: A comparative analysis, presented as a matrix and short narrative as needed (covering Task 2)
- Deliverable 3: Presentation and final matrix (covering Task 3).
The work is expected to be carried out within 2 months from the starting date.
REQUIRED EXPERTISE
- Legal specialist with an advanced degree from a relevant field
- Previous experience conducting legal review on social security in developing countries
- Technical background and experience working on social protection in developing countries
- Familiarity and previous work with ILO Convention 102 is an asset
- Experience in Asia is an asset
- Full working knowledge of English, including good drafting skills. All reports, including drafts will be written in English.
SUBMISSION OF TECHNICAL AND FINANCIAL PROPOSALS
The applicants should send their technical proposal including CVs and previous similar works to PN2-SOCPRO@ilo.org with the subject “International Legal Specialist to conduct C102 Assessment in Cambodia”. The financial proposal, including exclusively the daily rate and number of days expected to complete the assignment, shall be submitted separately to kanhchana@ilo.org with the subject “International Legal Specialist to conduct C102 Assessment in Cambodia”. Both technical and financial proposals are to be submitted by November 15th 2023 at 7am, local time in Phnom Penh, Cambodia. Late submissions will not be considered.
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