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For every child, the right to opportunities
Background
Food regulations and standards are crucial for the development of any nation, and they form the basis for trade and public health protection. Botswana as a net importer with over 97% of its food needs are imported commodities, needs a strong regulatory framework to address emerging challenges, including food related health incidences. Countries with strong and effective food legislation have enhanced consumer protection, better market access for food products, and increased economic development.
In Botswana the food environment is dynamic, evolving and transitioning from indigenous food to ultra-processed foods, leading to a surge in overweight, obesity and non-communicable diseases (NCDs). In 2014, data from Ministry of Health indicated overweight obesity amongst adults aged 15-69 years of age was estimated at 30.6%. The Botswana 2017 demographic survey also estimated the prevalence of overweight and obesity in children 5-19 years at 12.7% with highest prevalence amongst children aged 5-6 years (18.6%), followed by children aged 7-13 years (13.2%), and then adolescents aged 13-19 years (8.5%). This is precipitated by increased production, marketing and consumption of highly refined foods which are calorie-dense, high in saturated fats, salt, and sugar. The growing burden of NCDs in Botswana, including obesity, diabetes and cardiovascular diseases has been strongly linked to unhealthy diets and food environment. These trends present a major public health challenge and threaten the progress in national development and health goals.
Despite multisectoral efforts to promote healthier eating habits, there remain gaps in the regulatory and policy frameworks that govern the availability, marketing, labelling, pricing and accessibility of food products.
2.Justification for Legal Landscape Analysis
Although Botswana has taken steps to address NCDs and promote heathy diets through national strategies, the policy environment requires further strengthening. Existing laws and regulations do not adequately address the determinants of unhealthy food consumption, including food marketing to children, front-of-pack labeling, food provision in schools, and fiscal policies on sugar-sweetened beverages.
In addition, the current Food Control (Labeling of Pre-packaged Food Regulations SI,15: 2003) is equally deficient with regards to nutrition formation, nutrient declaration and nutrition and health claims in line with regional and international standards. These regulations were formulated in 2003, when the food industry in Botswana was in its formative years, hence the implementation of the labeling regulation has since become challenging due to identified gaps.
Thus, to inform policy and reforms and multisectoral action, a comprehensive legal landscape analysis is needed. This will involve reviewing national legislation, regulations, policies and relevant international commitments to identify gaps, overlaps and opportunities to create a healthier food environment in Botswana.
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Purpose of Activity/Assignment:
To conduct a legal landscape analysis of Botswana’s food environment, using UNICEF’s legal landscape analysis tool. The objective of the analysis report is to inform the development of laws on front-of-package nutrition labeling, restrictions on the marketing of unhealthy foods and beverages, and unhealthy food and beverage taxes, thereby addressing overweight and obesity and diet-related noncommunicable diseases and improving nutrition and overall health outcomes.
3. Scope of Work and key task
The consultant will undertake the following tasks:
a) Inception meetings:
- Conduct an initial inception meeting with the contracting authority (UNICEF), Ministry of Health and other relevant key stakeholders
- Prepare and submit inception report outlining methodology, data collection/sources including a list of identified stakeholders to be consulted for the analysis, and workplan
b) Desk review and legal mapping
- Collect and review national laws, policies, and regulations across sectors, as set out in the UNICEF tool (See Annex).
c)Stakeholder consultation
- Conduct key informant interviews with government officials, legal experts, academic, civil society and development partners including private sector food industries to inform the practical analysis sections of the UNICEF tool.
e) Reporting and recommendations
- Develop a comprehensive report with an executive summary, detailed findings, and prioritized legal and policy recommendations
- Present findings to stakeholders in a validation workshop
4.Deliverables and timelines
Days
|
Key Activities / Deliverables
|
Days 1–5
|
- Inception meeting with UNICEF, Ministry of Health, and key stakeholders
- Finalize work plan, methodology, and analytical framework
- Begin desk review of relevant national, regional, and international legal/policy documents
|
Days 6–12
|
1st Draft Inception Report
- Continue and complete desk review
- Conduct key informant interviews (e.g., MoH, legal experts, regulators, CSOs)
- Begin legal mapping and identification of policy/legal gaps
- Share feedback from UNICEF & Government
|
Days 13–20
|
2nd Draft Analysis report
- Analyze findings from desk review and interviews
- Draft Legal Landscape Analysis Report (including gaps and recommendations)
- Internal review and revision of draft report for second round of feedback from UNICEF & Government
|
- Submit Draft Report to UNICEF/MoH for feedback
- Incorporate feedback and finalize the report
- Preparing and Facilitating Validation Meeting
- Submit Final Report and Presentation Slides of key recommendations and executive summary
|
4. Payment and budget schedule
The Consultant will be paid in line with agreed deliverables.
Deliverable
|
Deliverable/milestone
|
%Payment
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Inception Report
|
Upon submission and approval of inception report
|
20%
|
Draft Analysis Report
|
Upon submission of draft analysis and stakeholder consultation summary report
|
40%
|
Final Report
|
Upon submission and validation of final report and presentation
|
40%
|
NB:
- All submissions should be made in electronic version (Word, Excel, tabulations etc., the format must be agreed with UNICEF).
- All materials developed will remain the copyright of UNICEF and UNICEF will be free to adapt and modify them in the future.
- UNICEF does not provide any equipment/software (e.g. computer equipment, software applications, software license, server, other related services) required for conducting the project. Interested contractors should ensure the availability of equipment and software necessary for conducting the project.
To qualify as an advocate for every child you will have…
Minimum requirements:
Education: Master's degree in law (LLB or equivalent), with demonstrated experience in public health law, international law or food policy; an advanced degree (e.g., LLM) would be an asset.
- Work Experience:
At least 5-7 years of professional experience in legal and policy analysis or administrative law, preferably with roles in health, nutrition or food systems
Demonstrated experience in conducting legal reviews in Botswana
Excellent analytical, writing and presentation skills
Experience working in Botswana
- Skills
Competencies:
• Ability to design and facilitate consultative process with multisectoral technical teams.
• Excellent analytical skills.
• Good communication skills
• High proficiency in English both written and verbal is required.
- Language Requirements:
High proficiency in English both written and verbal is required.
For every Child, you demonstrate...
UNICEF’s Core Values of Care, Respect, Integrity, Trust and Accountability and Sustainability (CRITAS) underpin everything we do and how we do it. Get acquainted with Our Values Charter: UNICEF Values
The UNICEF competencies required for this post are…
(1) Builds and maintains partnerships
(2) Demonstrates self-awareness and ethical awareness
(3) Drive to achieve results for impact
(4) Innovates and embraces change
(5) Manages ambiguity and complexity
(6) Thinks and acts strategically
(7) Works collaboratively with others
[add the 8th competency (Nurtures, leads and manages people) for a supervisory role].
Familiarize yourself with our competency framework and its different levels.
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Remarks:
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