ToR: Conduct Comprehensive Legal and Policy Gap Analysis on Protection of Education, Safe Schools Commitments, and Gender-Responsive Education

Background

Action for Social Development and Environmental Protection Organization (ASDEPO) is an Ethiopian indigenous, non-governmental and non-profit making humanitarian organization established in 2014. ASDEPO is engaged in development and humanitarian response projects under its major thematic areas including health, nutrition, WASH, education, protection, agriculture, livelihood and food security, and environmental protection and climate change.

Currently, ASDEPO is implementing a three-year project with the funding support from the Malala Fund entitled “Promoting safe, inclusive and gender-responsive education through the Safe Schools Declaration (SSD) and the Response–Recovery–Resilience (RRR) framework in conflict-affected areas of West Gojjam Zone, Amhara Region.” The project aims to contribute to national and sub-national efforts to improving equitable access to safe, inclusive, and quality secondary education for adolescent girls in conflict-affected areas of West Gojjam Zone by strengthening safe learning environments and enhancing gender-based violence (GBV) prevention and response services. The intervention seeks to strengthen the enabling environment for adolescent girls and other conflict-affected learners to access, remain in and complete quality education in safe and protective learning environments in Jabitehnan, Burie Zuria and Womberma woredas of West Gojjam Zone.

A central requirement of the intervention is an evidence-based assessment of the legal and policy environment governing education, protection, school safety, inclusion, child protection, gender equality, prevention and response to gender-based violence (GBV), and protection of education from attack, and prevention of military use of schools. The analysis should identify where Ethiopian constitutional, statutory, regulatory, policy and operational frameworks are aligned with applicable international and regional standards, where provisions are incomplete or inconsistent, and where implementation, institutional mandates, accountability or coordination arrangements require strengthening.

A part of this project activity is conducting a comprehensive legal and policy gap analysis comparing existing Ethiopian laws and frameworks with international standards on the protection of education, including the prohibition of military use of schools. The project started in 15 August 2026 and ends in 14 August 2029. Thus, this TOR is announced to seek consultancy firm services to conduct a comprehensive gap analysis of existing Ethiopian laws, policies, and regulatory frameworks against international standards on the protection of education, including the Safe Schools Declaration commitments and the prohibition of military use of schools. The consultancy firm will undertake desk review of national and regional legislations, key informant interviews with relevant stakeholders, and comparative analysis with global normative frameworks.

Assignment Title

Conduct a comprehensive legal and policy gap analysis comparing existing regional and national laws and frameworks with international standards on the protection of education from attack and prevention of military use of schools.

Purpose of the Consultancy

The purpose of the consultancy is to generate a rigorous, practical and consultative legal and policy gap analysis that enables ASDEPO and relevant stakeholders to strengthen the protection, safety, continuity, inclusiveness and gender responsiveness of education in conflict-affected settings. The study will translate legal and policy findings into prioritized, feasible recommendations for national, regional, woreda and school-level action.

Specific objectives

• Map and review relevant national and regional proclamations, regulations, directives, policies, strategies, plans, standards, guidelines and institutional mandates relevant to education, child protection, gender equality, GBV and school safety.
• Assess alignment between the Ethiopian framework and applicable international and regional human rights, humanitarian and education standards, including the right to education, child protection, and protection of civilians, education continuity during armed conflict, and relevant Safe Schools Declaration and Guidelines principles.
• Assess the legal and policy treatment of attacks on schools, students and education personnel and the protection of educational facilities as civilian objects, subject to applicable international humanitarian law.
• Examine the extent to which domestic laws, policies, military/security regulation, administrative procedures and operational guidance prevent or regulate the military use of schools.
• Review accountability, investigation, reporting, referral, remedies, sanctions and monitoring mechanisms related to violations affecting education and learners.
• Assess the gender-responsiveness and inclusiveness of relevant legal and policy frameworks, including the needs of adolescent girls, children with disabilities, displaced learners and other groups at heightened risk.
• Conduct meaningful stakeholder consultations, identify implementation barriers and develop contextually feasible recommendations.
• Produce a prioritized legal and policy reform and implementation roadmap, identifying responsible institutions, proposed actions, indicative sequencing and feasible advocacy/technical-entry points.

Scope of Work

Legal and institutional mapping

• Map the hierarchy and relationship of relevant constitutional provisions, laws, proclamations, regulations, directives, policies, strategies, standards, guidelines and operational instruments.
• Identify responsible institutions and mandates at federal, regional, zonal, woreda and school levels, including areas of overlap, gaps or unclear responsibility.
• Assess mechanisms for coordination between education, justice, child protection, women and social affairs, security and other relevant sectors.
• Review legal status, enforceability, implementation mechanisms and practical accessibility of relevant instruments.

Review of domestic education and protection framework

• Constitutional right to education, equality/non-discrimination, child protection, gender equality and relevant civilian-protection principles.
• Education and training legislation and policy instruments.
• Education sector development programmes, education development roadmaps, national development plans and relevant implementation frameworks.
• Child rights, women’s rights, disability, GBV, criminal justice, humanitarian response and protection-related laws and policies relevant to education.
• School standards, safety guidance, emergency education guidance, teacher codes or professional standards, school management instruments and complaint/referral mechanisms.
• Relevant regional and local instruments applicable in Amhara Region and, where feasible, West Gojjam Zone and selected woredas.

International and regional standards

• International human rights standards relevant to the right to education, non-discrimination, children’s rights and protection from violence.
• International humanitarian law principles applicable to the protection of civilians and civilian objects, distinction, proportionality and precautions in attack, as relevant to education facilities.
• Safe Schools Declaration and Guidelines for Protecting Schools and Universities from Military Use during Armed Conflict, treated accurately as a voluntary/political commitment and guidance framework rather than as a treaty.
• UN Security Council and other relevant UN standards concerning children and armed conflict and protection of education.
• Sustainable Development Goal 4 and relevant Education 2030 commitments, particularly safe, inclusive and effective learning environments.

Protection of education from attack

• Definition and typology of attacks affecting schools, universities, learners, teachers and education personnel.
• Legal and policy provisions concerning prevention, prohibition, investigation, reporting, accountability, remedy and victim support.
• Protection of education infrastructure and continuity of learning during armed conflict, displacement and emergencies.
• Early warning, incident reporting, risk assessment, contingency planning and coordination mechanisms.

Prevention and regulation of military use of schools

• Identify whether and how Ethiopian law, policy, military/security doctrine, codes of conduct, operational orders or administrative procedures regulate military/security use of schools and universities.
• Assess provisions concerning alternatives, exceptional circumstances, proportionality, duration, evacuation, restoration and return of educational facilities to civilian use.
• age for preventing military use and protecting the civilian character and educational function of schools.
• Assess the compatibility and implementation implications of the Safe Schools Guidelines in the Ethiopian context.

Gender, inclusion and protection

• Gender equality and gender-responsive education provisions, including adolescent girls’ safety, menstrual health and management, GBV prevention and response, and safe reporting.
• Protection of displaced, refugee, returnee and other conflict-affected learners.
• Child safeguarding, PSEA, MHPSS, referral pathways and survivor-centered approaches.
• Participation, accountability to affected populations, complaint and feedback mechanisms.

Methodology and Approach

The consultancy shall use a mixed-method, consultative and evidence-triangulation approach. The proposed methodology should be refined and agreed during an inception meeting with ASDEPO.

• Inception: review the TOR, clarify questions, agree analytical framework, stakeholder map, geographic coverage, sampling approach and deliverable schedule.
• Desk review: compile, authenticate and systematically review primary Ethiopian legal/policy documents and authoritative international/regional instruments.
• Comparative legal matrix: assess each relevant provision against identified standards
• Key informant interviews: conduct semi-structured interviews with selected federal and regional education officials, legal/justice actors, child protection and women/gender institutions, security-sector representatives where appropriate, school leaders/teachers and development/humanitarian actors.
• School-level contextual review: consult selected schools in Jabitenan, Burie Zuria and Womberima woredas of West Gojam Zone to understand how legal and policy provisions translate into operational practice.
• Triangulation: compare documentary evidence, stakeholder perspectives and observed implementation realities; distinguish legal gaps from capacity, coordination, resource and enforcement gaps.
• Validation: present preliminary findings to ASDEPO and relevant stakeholders, document comments, and transparently explain how feedback will be incorporated

Expected Deliverables

7.  Work Schedule and Responsible Bodies

The assignment is expected to be completed within approximately 50 calendar days from contract signing. The study is expected to take place from take place from  26 to October 2026, to 15 December, 2026. The detailed scope of the work includes:

Required Qualifications and Competencies

The consultancy may be undertaken by a qualified consultancy subject to the procurement requirements of ASDEPO.

• Advanced degree (Master’s or higher) in law, human rights, education policy, international relations, child protection, public policy, development studies or a closely related field.
• At least 7 years of demonstrated professional experience in legal/policy analysis, education policy, protection, human rights, education in emergencies or related fields.
• Demonstrated experience conducting legal and policy gap analyses and producing evidence-based policy recommendations.
• Strong knowledge of Ethiopian education governance, policy and legal frameworks.
• Demonstrated understanding of international humanitarian law, human rights law and child-rights standards relevant to education in conflict.
• Specific knowledge of the Safe Schools Declaration and Guidelines for Protecting Schools and Universities from Military Use is highly desirable.
• Experience conducting stakeholder consultations with government, civil society and humanitarian/development actors.
• Strong analytical, legal research, writing and synthesis skills.
• Fluency in English is required; Amharic proficiency is strongly preferred for consultations and document review.
• Ability to work independently, maintain confidentiality and meet deadlines.

Application / Technical Proposal Requirements

• Technical proposal explaining understanding of the assignment, methodology, analytical framework and proposed work plan.
• Financial proposal in Ethiopian Birr, showing professional fees, applicable taxes, travel/field costs and other direct costs separately.
• Detailed CV(s) of proposed consultant(s).
• At least three relevant references or examples of comparable assignments completed.
• Two samples of relevant analytical/policy/legal work, where permissible.
• Proposed availability and confirmation of ability to complete the assignment within the stated period.
• Declaration of any actual or potential conflict of interest.

Indicative Evaluation Criteria