Local legal expert to support Ministry of Labour and Social Welfare (MLSW)/ Department of Social Policy and Families (DSPF), to facilitate the process of drafting administrative instructions on regulating Residential Housing for Adults and the Elderly
Location : Prishtina, Kosovo, UNSCR 1244 (1999)
Application Deadline : 07-Apr-21 (Midnight New York, USA)
Type of Contract : Individual Contract
Post Level : National Consultant
Languages Required : English
Starting Date : 15-Apr-2021
Duration of Initial Contract : 15 April 2021 – 30 June 2021 (25 working days within this period)
Expected Duration of Assignment : 15 April 2021 – 30 June 2021 (25 working days within this period)
The costs of institutional response to the crisis are not equally distributed amongst the population and are affecting social groups differently. While policy responses must be just, fair, and equal for all, they should also attempt to address diverse needs be it of women, youth, minority communities, or disabled individuals.
The inadequacy of the system has become more evident with the sharp increase of social vulnerability as a result of the pandemic. The Social Assistance Scheme (SAS) absorbs approximately 88% of the budget for social assistance with the relative total spending on SAS declining over the last decade. The pandemic has exposed a series of gaps in the governance system which has affected the work of institutions and service delivery not least in provision of social services; it has directly affected the work of Centers for Social Work (CSW) as they are also engaged in other activities to help their citizens - despite limited capacities - either through the provision of professional social services, administering measures of the emergency package, or through direct assistance in providing food and hygiene packages.
To address some of these issues, the Humanitarian Assistance project shall enhance the provision of social services by CSW and improve access to equitable, qualitative, integrated social protection for the most vulnerable groups, including women and girls. The project is funded through EU IPA II/Action Document (Kosovo).
While the parameters for a specific financial formula for social services funding was developed, its implementation is not foreseen in the next two years, which poses a challenge for the provision of social services by CSWs. The work of CSW is augmented through licensed NGOs who cooperate with CSWs, municipal departments and MLSW. While NGOs are operational and provide adequate services, a key challenge is their financial sustainability. Most provide project-based services that are mainly complementary services to support beneficiaries with education activities, health support, alleviation of poverty, psycho-social activities and other community-based services. However, there is a limited number of NGOs that can support the CSWs and beneficiaries with sheltering, longer term support and emergency support services—which is what the CSWs need the most.
Assignment will be conducted in line with UN 8 Point Agenda and the UNDP Gender responsive mandate.
Objectives of Assignment
Draft the Administrative Instruction on regulating the residential housing for adults and the elderly.
Duties and Responsibilities1. The expert shall work under direct supervision of the Project Manager and in consultation with the Director of the Department of Social Policy and Families in MLSW, to analyse and review:
a. Identify recommendations from studies and analyses of different institutions and international organizations for residential housing for adults and elderly.
b. Undertake comparative analyses of the international standards, national legislation and best practices applied in the region and wider on related and similar policy solutions, procedures and practices for residential housing for adults and elderly;
c. Gather information from residential institution, CSW/Social workers, local and international practitioners and experts as well as all other stakeholders (International/local NGO’s);
d. Identification of the legal basis and needs for the review of the secondary legal framework and conducting consultations and interviews with public service providers;
e. Presentation of the practical or model from the region of organization of institutional mechanisms for the Regulation of Residential Housing, for Adults and the Elderly;
f. Facilitate and support the work of the working group for drafting the administrative instruction;
g. Provide advice to the working group on identifying best options on the content of Administrative Instruction.
2. Drafting and consultation process:
a. Facilitate meetings/ workshops with members of the working group within MLSW during drafting, harmonization, and structuring process of administrative instruction in line with Kosovo’s legal framework.
b. Prepare draft Administrative Instruction on regulating the residential housing for adults and the elderly.
c. Support the MLSW on conducting public consultations and facilitating the work of the working group/responsible official, for the inclusion of comments during the public consultation process.
d. Prepare final report on produced documents including recommendations.
- Identify recommendations from studies and analyses of different institutions and international organizations, and undertake comparative analyses of the international standards, national legislation and best practices applied in the region and wider on related and similar policy solutions, procedures and practices for residential housing for adults and elderly (4 working days)
- Gather information from residential institution, CSW/Social workers, local and international practitioners, and experts as well as all other stakeholders (International/local NGO’s) (4 working days)
- Identification of the legal basis and needs for the review of the secondary legal framework and conducting consultations and interviews with public service providers (5 working days)
- Facilitate and support the work of the working group for drafting the administrative instruction, as well as provide advice to the working group on identifying best options on the content of Administrative Instruction (3 working days)
- Prepare draft Administrative Instruction on regulating the residential housing for adults and the elderly (6 working days)
- Support the MLSW on conducting public consultations and facilitating the work of the working group/responsible official, for the inclusion of comments during the public consultation process (2 working days)
- Prepare final report on produced documents including recommendations (1 working day)
Remuneration - Lump Sum Amount
The Contract is based on lump sum remuneration and shall be processed subject to deliverables as per the schedule listed below:
- First Installment 50% of the contract value upon successful completion and validation of deliverables 1,2,3 by UNDP in consultation with the MLSW/DSPF.
- Second Installment 40% of the contract value upon successful completion and validation of deliverables 4,5 by UNDP in consultation with the MLSW/DSPF.
- Last installment 10% upon successful completion and validation of deliverables 6 and 7 by UNDP in consultation with the MLSW/DSPF.
Required Presentation of Offer:
The following documents must be submitted:
- Letter of Confirmation of Interest and Availability
- Personal CV and P11, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Offeror and at least three (3) professional references;
- Technical proposal, a max. 2-page document briefly outlining the methodology envisaged for the assignment for delivering the expected results within the indicated timeframe
- Financial proposal, that indicates professional daily fee including total amount for whole duration of the assignment.
- Copy of Diplomas and copy of Passport
Criteria for Selection of the Best Offer
Combined Scoring method – where the qualifications and methodology will be weighted a max. of 70%, and combined with the price offer which will be weighted a max of 30%.
- Committed to professionalism, impartiality, accountability and integrity.
- Displays cultural, gender, religion, race, nationality, ethnicity, and age sensitivity and adaptability.
- Demonstrates substantial experience in gender equality. Actively promotes gender equality in all activities.
- Treats all people fairly without favoritism.
- Empathy and patience, people orientation.
- Ability to work effectively within a team.
- Punctuality and honoring of commitments.
- Ability to synthesize research, various viewpoints, and draw conclusions on the related subjects.
- Ability to pay attention to details.
- Excellent interpersonal skills and ability to communicate effectively, both orally and in writing.
- Ability to establish effective working relations in a multicultural team environment.
- Good organizational skills.
- Commitment to accomplish work.
- Responds positively to critical feedback.
- Results and task oriented
Required Skills and ExperienceEducation:
- MA Law Degree, preferable Ph.D. in Family Law or Civil Law.
- At least 8 years of experience in drafting of legislation and/or public policies.
- Experience with drafting Laws and Administrative Instructions, in the field of social protection, social services and family law.
- Experience with facilitating the drafting processes for Laws and Administrative Instruction.
- Experience to work with local and central institution in social and family rights sector.
- Experience and participation in the process for drafting laws; law on social and family services, laws for family and child protection, Civil Code etc.
- Previous long-standing experience in working with Social Services and public institutions, international development agencies, NGOs and substantive exposure to development of legal documents.
- Knowledge on MLSW legal framework, policies, and other legal documents.
- Extensive experience working in a similar field.
- Proven track record of working with central and local institutions.
- Relevant regional and local experience will be an added advantage.
Excellent analytical and report writing skills in clear and fluent Albanian. Knowledge of English and/or Serbian is considered an asset.
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