Terms of Reference – Assessment of the Occupational Health Unit.

1. Background

The International Criminal Court (ICC) is a permanent international court established to investigate, prosecute and try individuals accused of committing crimes in the scope of the ICC’s jurisdiction. The ICC is composed of four organs. These are the Presidency, the Chambers, the Office of the Prosecutor and the Registry. The ICC Headquarters are based in The Hague, The Netherlands. The ICC has one Liaison Office in New York, maintains full-time physical presences in six situation countries, namely, Uganda, Democratic Republic of Congo, Central African Republic, Côte d’Ivoire, Mali, Ukraine, and is potentially establishing presences in other locations. The ICC has circa 1,200 staff. The ICC is not part of the United Nations, but it maintains a cooperative relationship with the UN.

The Registry is the organ responsible for the non-judicial aspects of the administration and serving of the ICC. It is divided into the Office of the Registrar and three divisions: the Division of Management Services (DMS), the Division of Judicial Services (DJS) and the Division of External Operations (DEO). The DMS provides administrative and management services to support the operation of the ICC as a whole and is led by the Director. It consists of the Office of the Director (OD-DMS), which includes the Occupational Health Unit (OHU) and the SAP Team, the Human Resources Section, the Budget Section, the Finance Section, the General Services Section  and the Security and Safety Section.

The Medical Officer, Head of the OHU, reports directly to the Director of the DMS in the Registry. The OHU is in charge of occupational health and welfare services for staff members in the Headquarters and in the field.

The OHU’s objective is to ensure that the organisation has effective tools for minimizing preventable staff harm, and for optimizing the occupational health conditions and working environments of the ICC’s workforce at the HQ, Country Offices and on missions, through a risk based approach and, possibly, leveraging on external services. Please see the annex for the core activities and services of the OHU.

During the reorganization of the Registry in 2014/2015, the OHU was moved organizationally out of the Human Resources Section to the OD-DMS. The array of occupational health services which are provided by OHU has evolved since the reorganization. The former Health and Welfare Unit under HRS was reshaped into the Occupational Health Unit reporting directly to the Director to ensure that ‘this crucial aspect of staff management relations receives proper guidance and control. Furthermore, the Unit’s so-called “walk-in clinic” element (e.g. provision of first aid and ad hoc medical advice to staff) has been removed, in line with the practice in other international organisations where this is undertaken by security staff and/or the Host State’s medical services. Coordination of field paramedics has also been moved to the Coordination and Planning Unit of the External Operations Support Section. These changes have adequately redefined the Unit.[1]

The objective of the present assessment is for the ICC to understand if the current structure of OHU is the best in light of the current needs, including the utilization of resources to the most efficient way possible. The assessment is to consider best practices in place on occupational health, including those of the UN, taking into consideration the specificities of the ICC.

The OHU is managed by the Medical Officer, Head of Unit, and is currently composed of 6 staff members (2 staff counsellors, 1 staff welfare assistant, 1 occupational health nurse/paramedic, 1 occupational health nurse and 1 field paramedic) in addition to the Head.

In June 2023, the ICC published strategic plans for the period 2023-2025, which embody a strong commitment to continuous improvement and cooperation with international organizations as a way to increase efficiency. In accordance with the strategic objectives, the spirit of continuous improvement, and also due to operational needs as outlined above, including the need to review the business model given the current workload and challenges, as well as the need to prioritize, the ICC is soliciting proposals from consultant(s) for advisory services in Occupational Health in order to address issues and further increase the efficiency of the work of the OHU. In this context, for example, the Registrar has recently conducted a review of the External Operations of the Registry in light of the work experience to date and of the current challenges faced by the ICC.

The consultant(s) may be either an individual or an organization.

2. Scope of Assignment

1. The consultant(s) shall undertake a study/assessment to identify potential opportunities for improvement and or synergies related to the work of the OHU and propose detailed action plans on how to achieve those opportunities. It shall consider best practices in place on Occupational Health considering the specificities of the ICC. The following shall be taken into consideration:

1. Map and assess the scope of work which the OHU is currently performing against the work the OHU is mandated to perform in order to identify possible gaps, inefficacies or redundancies; taking into consideration the needs of a judicial institution such as the ICC and its administrative issuances and policies;
2. Assess services provided by the OHU to identify optimal working methods including possible leveraging from partnerships;
3. Propose the most efficient way forward and the right balance between in-house and outsourced services, including recommendations on resource planning;
4. Map and assess the current workflow of the OHU’s key processes against best practices applicable to judicial institutions, such as the ICC, taking into consideration also those of other organizations part of the United Nation common system or similar;
5. Based on the assessment, propose ways to further streamline the key processes where applicable and make them less time consuming and less resource intensive while ensuring the quality of services; and
6. Discuss the findings of the mapping and assessment exercise with the Director DMS and the Head of the OHU and provide support in developing action plans.

2. The consultant(s) shall prepare and submit a report with the results of the mapping/assessment exercise of the current processes and proposed recommendations and action plans.

3. Deliverables

Within the time frame specified and subject to any amendments made hereto by the ICC with agreement from the consultant(s), the consultant(s) shall submit the following to the Director DMS for discussion:

1. A project plan including timelines and expected milestones, to be submitted within two weeks from the date of project kick-off; and
2. A report as outlined above.

4. Reporting Line

The consultant(s) shall report to the Director of DMS. The consultant(s) will work in close cooperation with the Office of the Director of DMS, the Head of the OHU and other relevant stakeholders identified.

5. Expected Duration of Assignment

The task is expected to commence from the date of signing the contract and to have a duration of three months. The consultant(s) may be required to participate in meetings with the ICC officials after that time.

6. Place of Work

The consultant(s) shall not be required to be physically present at the ICC’s premises, and may work in his or her own domicile with use of technology (for example video-conferencing) where necessary. Business trips to The Hague, or other duty stations shall be subject to approval by the Director of DMS. 

7. Documents to be submitted

The interested consultant(s) is(are) requested to provide the following as part of the offer:

1. Brief proposals with the work plan/methodology to execute this project (maximum 2 pages);
2. CVs of the consultant(s), including degrees, qualifications, languages, and recent relevant experience providing similar services to UN agencies or other public sector organizations; and
3. Pro Bono or Professional fee (not including travel costs and daily subsistence allowances which will be based according to the rates established at the ICC) including frequency of payment for the full range of services required, broken down into all major cost components associated with the service.

8. Selection criteria

The selection criteria are based on best value to the ICC that contains:

1. Response to the present document

1. The extent to which the offers show an understanding of the needs of the ICC as described in the present document.
2. Work plan/Methodology to be adopted for the execution of this project.

2. Profile

3. Qualification of the consultant(s) (degrees, qualifications, proficiency in English and/or French). The consultant(s) must be an experienced medical doctor in Occupational Health, including staff wellbeing and have familiarity with international organizations’ policies and procedures and experience in the provision of healthcare in remote austere locations.
4. Relevant experience including the provision of similar services to UN agencies or other public sector organizations.

3. Others

5. Transparency of information provided (methodology and price breakdown) and compliance with requirements.
6. Responsiveness in communication during the selection process and flexibility of offerer’s service.
7. Quote.

1. Payment Terms

The Pro Bono services are preferred. Pre-approved travel costs and daily subsistence allowances will be based according to the rates established at the ICC.

For Fees based services, the total price shall be in a fixed lump-sum amount, and milestone payments corresponding to outputs shall be indicated in the proposal. Payments under the contract will be output-based and will be made upon satisfactory completion of each milestone and finally upon the satisfactory completion of the assignment.

The ICC general terms and conditions for consultants or procurement of services will be applied, based on the selected contract modality.

Annex. Core activities and services of the Occupational Health Unit

The core elements of OHU’s activities are:

• Organisation of health services: promotion and maintenance of workplace policies and programs that ensure the physical, mental and emotional well-being of staff, with particular focus on prevention of work-related injuries and diseases as well as protection and promotion of the health of staff. This element of the Unit’s work includes support to field offices and missions away from the ICC.
• Risk management: ensuring risks are actively evaluated and managed within ICC’s working environment. The Unit is responsible for implementing continual improvement processes: analysing, mapping and evaluating risks to propose appropriate remedial actions to senior management fitting the needs of both staff and the organisation.

To reach these objectives, the OHU provides the following services:

• Health program focusing on detection and prevention of medical issues directly related to the work place including ergonomics and disability assessment;
• Risk assessments, analysis and reporting;
• Certification of sick leave and development of reintegration plans in close coordination with the HR Section and related Section Chief;
• Guidance to access the local medical system and on matters of maternity leave;
• Pre-employment medical clearance (fitness to work and entry into UNJSPF);
• Travel health briefings (pre and post travel), including briefing and travel clearance and coordination of field paramedics and medevac and vaccination programs;
• Advice and support to field offices on occupational health matters; and
• Liaison with medical insurance provider.