Background
3.3.1. Assessment of implementation of anti corruption and integrity legislation:
- Existing legislation, amended (mandatory integrity plans for all public institutions, regulating lobbying and lobbyists, regulating whistle blowing protection);
- Guidelines and methodology for integrity plans, drafted.
- Conflict of interest;
- Incompatibility of functions;
- Restriction on business;
- Assets declaration,
- Depolitization, and reports drafted.
Recently two laws modernized the legislation on this field:
- Law no. 04/L-051 on Prevention of Conflict of Interest in Discharge of Public Functions, and
- Law no. 04/L-050 on Declaration, Origin and Control of Property of Senior Public Officials and on Declaration, Origin and Control of Gifts of all Public Officials, both of 14.09.2011 and
- Law No. 03/L-111 on Rights and Responsibilities of the deputy, and
- Law No. 03/L-159 on anti-corruption agency.
- Providing, planning and evaluation of integrity at all levels to promote and enhance the ability of individuals and institutions to take responsibility for the development of integrity and thus for the prevention and detection of corruption; “ integrity" is the expected performance and accountability of individuals and organizations in preventing and eliminating risks to the authority, function, power or other jurisdiction in contravention of the law, legally permissible objectives and codes of ethics;
- Setting the legal conditions for carrying out lobbying activities in the operation of the public sector, to ensure transparency of activities in a manner that will support good, restrict and punish unethical lobbying practices;
- Whistle-blowers' protection.
The law should state that state administration bodies and municipalities and other entities of public sector must formulate and adopt a plan of integrity.
Plan of integrity should state in particular:
- Assessment of exposure to corruption institutions;
- Names and jobs of those responsible for designing integrity plans;
- A description of the decision-making and how to assess risk exposure of corruption and suggestions for improvements to the integrity;
- Measures for the timely detection, prevention and elimination of risk for corruption; and
- Other parts of the plan, as defined in the guidelines for the formulation of plans of integrity and evaluation of integrity.
Duties and Responsibilities
- Conflict of interest;
- Incompatibility of functions;
- Restriction on business;
- Assets declaration;
- Depolitization;
- Mandatory integrity plans for all public institutions, regulating lobbying and lobbyists, regulating whistle blowing protection.
Public institutions shall receive:
- Guidelines;
- Methodology; and
- Training programmes for trainers of the responsible for preparation of integrity plans.
Scope of work:
Under the overall supervision of the UNDP Governance Programme Coordinator and in close cooperation with Director of PAR Management Department in Ministry of Public and UNDP CTA on PAR, the experts will fulfil the following objectives:
- Drafting Assessment analysis of the quality and of the implementation of anti corrupt and integrity legislation and draft necessary amendments to the legislation; the assessment will refer to the following fields: integrity plans for all state administration bodies and municipalities and other entities of public sector, avoiding the conflict of interest in public administration (incompatibility of functions and exceptions), restrictions on business and temporary prohibition on business after leaving office for public officials and civil servants, duty of asset declarations and duty to notify changes in financial position, protection of whistleblowers, lobbying and lobbyist prohibition and restrictions on civil servants and public officials receiving gifts, mobbing and sexual harassment in public administration, depolitization of civil servants; 1 expert, 30 days; 20 days are home based days, 10 days are Pristina based.
- Drafting of the necessary studies for the preparation of integrity plans: guidelines for preparation of integrity plans, methodology for integrity plans, the samples of integrity plans of some state administration bodies and municipalities and other entities of public sector and start up the process of integrity planning; 1 expert, 60 days, 40 days are home based 20 days are Pristina based.
The expected results of the project are:
1. Assessment of the quality and implementation of anti corrupt and integrity legislation and draft necessary amendments the legislation; the assessment will refer to the following fields:
- Mandatory integrity plans for all public institutions;
- Avoiding the conflict of interest in public administration (incompatibility of functions and exceptions);
- Restrictions on business and temporary prohibition on business after leaving office for public officials and civil servants;
- Duty of asset declarations and duty to notify changes in financial position;
- Protection of whistleblowers;
- Lobbying and lobbyist;
- Prohibition and restrictions on civil servants and public officials receiving gifts;
- Mobbing and sexual harassment in public administration;
- Depoliticisation of civil servants.
- Guidelines for preparation of integrity plans;
- Methodology for integrity plans.
4. Providing advice on strengthening the integrity and preventing and eliminating risks of corruption in public sector.
5. Preparation of the expert basis (programs and papers) and performance of training for trainers - persons who are responsible for the design of the institutional integrity plan and for strengthening the integrity through training programs. Training for trainers will be performed on the following fields:
- Awareness of civil servants on integrity, ethics and transparency in public administration, guidelines and methodology for integrity plans;
- Conflict of interest in public administration, incompatibility of functions, restrictions on business, duty of asset declarations;
- Protection of whistleblowers;
- Lobbying and lobbyist;
- Prohibition of and restrictions on civil servants and public officials receiving gifts;
- Mobbing and sexual harassment in public administration.
Competencies
Professionalism:
- Demonstrates sensitivity, tact and diplomacy.
Respect for Diversity:
- Is culturally sensitive and demonstrates appreciation for different cultures and practices.
Team work:
- Flexible and prepared to pursue goals through teamwork;
- Capability to integrate into an existing multicultural team;
- Capability to work in coordination and strategically with existing project team and Project Manager.
Planning and organizing:
- Candidate should be able to organize work effectively ensuring goals and targets are met on time.
- Willing to take responsibility, act professionally at all times, and make sure tasks are fully completed.
- Must use creativity to adapt work plan to timeframe and to local conditions.
Required Skills and Experience
Education:- Completed Master Degree in Public Administration, Political Sciences or Law.
- More than 10 years of working experience in the field of public administration, building relations and developing relationships with organizations and the general public;
- Long working experience in building relations and communication with parties, interest groups and local and international institutions;
- Sound knowledge on European legislation and the work of international organizations which support the improvement of the management and governance.
- Fluent knowledge of English language, knowledge of Albanian and/or Serbian is highly desirable.