Background

Since 2003, and with the signing of the SAA, a number of significant achievements have been made by the Government of Albania (GoA) to move towards a more pro-active implementation of the standards and norms laid out by the CEDAW, Beijing Platform for Action, and EU laws and policies. In 2006, the GOA adopted the country’s first legislation on Domestic Violence and in 2008, finalised the related sub-legislation to ensure the Law’s full implementation at the national and local level. In a joint UNIFEM-UNFPA-UNDP initiative in 2006/07, the GOA adopted the National Strategy on Gender Equality and Domestic Violence (NSGE-DV), the first of its kind in the country. In July 2008, with support from the UN, the Parliament adopted the law “On Gender Equality in Society (GEL)”. The GEL contains many measures which gender equality activists have been advocating for over the past decade, such as special measures to promote and protect women’s participation in the work force, in public administration, in decision-making and in politics – including a 30% quota for appointed and elected positions – a quota which has subsequently been incorporated into the Electoral Code.
 
In June 2006, Albania signed the “Stabilisation and Association Agreement” (SAA) with the EU. The SAA creates a framework of cooperation between the GOA and the EU and lays out a number of provisions and reforms which need to be met to advance this partnership. Understanding of how issues of gender equality are dealt with under the SAA requires further analysis. However, it is clear that any state with aspirations to join the EU must be willing to comply with and ensure its legislation incorporates the principles of non-discrimination laid out in the EU Treaty, the subsequent EU laws and policies and the acquis communautaire. The Government of Albania is, in partnership with international organizations, working to ensure that legal frameworks are in place which aligns with the EU’s stipulations vis a vis gender equality.
 
The Ministry of Labour, Social Affairs and Equal Opportunities (MOLSAEO) has launched a process of reviewing the Labour Code to ensure conformity with EU directives and policies. It has been agreed that UNIFEM will support the MOLSAEO in incorporating a review of the Code from the perspective of gender equality, and to ensure compliance with the newly adopted GEL and EU directives pertaining to women’s rights in the workplace, as well as commitments made under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
 
Focusing on gender mainstreaming in the Labour Code and social protection policies and legal frameworks is a process of building capacities and institutionalizing the processes required in government to support gender mainstreaming, including supporting inter-ministerial coordination among gender focal points and decision-makers.
 
Furthermore,with a view to strengthening the legal framework on gender equality, UNDP will assist the Government of Albania to review the main pillars of Albanian legislation and prepare an integral package of amendments to align these laws with the new provisions of the Gender Equality in Society Law and Law on Measures against Violence in Family Relations, with CEDAW standards and EU acquis pertaining to gender.
 
In this context, and under the UN Joint Programme on Gender Equality (2008 -2010), UNIFEM and UNDP, in partnership with the MOLSAEO, is seeking to recruit an international expert to provide technical support within the following processes:
 
Phase I: Review of Labour Code and Occupational Health and Safety Law
  • Conduct a technical review of the Albanian Labour Code and the related Occupation Health and Safety law, to ensure compliance with the newly adopted law “On Gender Equality in Society”, with EU directives and policies on women’s rights in the work place and with obligations made under the CEDAW.
  • Conduct a roundtable with the Government of Albania, including the technical working group established to revise the Labour Code and the Inter-Ministerial Working Group on Monitoring Status of Women (IMWG), whereby the results of the technical review are shared with the IMWG and discussed for feedback.
Based on the technical review and roundtable discussion, prepare revisions to the Labour Code and Occupational Health and Safety law and submit to UNIFEM and the MOLSAEO;
 
Phase II: Broad-based review of key legislation to ensure compliance with GEL and DV laws
  • In cooperation with Albanian team of lawyers, MOLSAEO, Ministry of Justice and UNDP, identify and review priority legislation with the aim of ensuring compliance with the laws on Gender Equality and Domestic Violence, CoE norms and standards, EU jurisprudence and directives, and the CEDAW; etc.;
  • Meet with relevant stakeholders to gain an understanding of the legal situation regarding gender equality in the country and potential gaps and identify areas where further intervention in different laws is required;
  • Support Albanian Lawyers, GoA and UNDP in jointly preparing a report highlighting aspects of Albanian legislation that do not comply entirely with CEDAW obligations, CoE and EU instruments, and are not harmonised with gender equality and domestic violence legislation, providing arguments for their revision and suggested amendments to ensure compliance.
  • Provide inputs to the draft amendments to legislation in the form of an integral package, pursuant to the sources mentioned under point vii above, in consultation with the team of local lawyers

Duties and Responsibilities

For Phase I, the international expert will work under the overall supervision of the UNIFEM Country Programme Manager and the UNDP Project Manager of the UN Joint Programme on Gender Equality, and in consultation with the MOLSAEO; For Phase II, the international expert will work under the overall supervision of the UNDP Project Manager of the UN Joint Programme on Gender Equality, and in consultation with MOLSAEO and Ministry of Justice. The international expert will be specifically tasked with:
 
Review of Labour Code and Occupational Health and Safety Law
  • Prepare a detailed consultancy work plan and submit to UNDP and UNIFEM, who will work with MOLSAEO in finalizing;
  • Conduct a technical review of the Albanian Labour Code and the related Occupation Health and Safety law, to ensure compliance with the newly adopted law “On Gender Equality in Society” and with EU directives and policies on women’s rights in the work place, and international obligations such as the CEDAW;
  • Conduct a roundtable with the Government of Albania, including the technical working group established to revise the Labour Code and the Inter-Ministerial Working Group on Monitoring Status of Women (IMWG), whereby the results of the technical review are shared with the IMWG and discussed for feedback.
  • Based on the technical review and roundtable discussion, prepare Recommendations for revision to the Labour Code and Occupational Health and Safety law and submit to UNIFEM, UNDP and the MOLSAEO;
  • Upon receipt of comments from UNIFEM, UNDP and MOLSAEO on the Recommendations, finalise revisions and submit, in accordance with the agreed-upon schedule;
Phase II: Broad-based Review of key legislation to ensure compliance with GEL and DV laws
 
  • Contribute in preparing a report, highlighting aspects of Albanian legislation that do not comply entirely with CEDAW obligations, CoE and EU instruments, and are not harmonised with gender equality and domestic violence legislation, provide arguments for their revision and suggested amendments to ensure compliance. The report should include list of stakeholders consulted, list of resources utilised, list of laws reviewed
  • Provide set of comments for the integral package of draft amendments proposed
  • Submit a final report highlighting the expert’s work, outputs, achievements, lessons learned and the proceeding of the consultations, including recommendations for future similar interventions
  • Ensure all work is carried out as per the agreed upon consultancy work plan and schedule;
The consultant is expected to develop all above tasks on the basis of documentation provided by UNIFEM and UNDP and in close cooperation with UNDP, UNIFEM and MOLSAEO.
 
The consultancy will involve altogether 17 days of work in the period 16th November 2009 to 28th February 2010, including one field mission of 5-6 days in Albania.

Competencies

Core values
  • Demonstrates integrity and fairness by modeling UN values and ethical standards;
  • Demonstrates professional competence and is conscientious and efficient in meeting commitments, observing deadlines and achieving results;
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
Core competencies
  • Communication: Excellent communication skills, including the ability to convey complex concepts and recommendations, both orally and in writing, in a clear and persuasive style tailored to match different audiences.
  • Client orientation: Ability to establish and maintain productive partnerships with national partners and pro-activeness in identifying of beneficiaries and partners’ needs, and matching them to appropriate solutions.

Required Skills and Experience

  • Advanced degree in Law
  • Additional educational background in Public Administration, Public Policy, Gender Studies or related field is considered an advantage;
  • At least 7 years of relevant work experience preferably in the Equal Opportunities, Labor and/or Social Security field;
  • Substantive technical expertise on equal opportunities legal frameworks and Social protection policies preferably from EU country context;
  • Hands-on experience from the application of various GRB tools and methods at different levels – local and national
  • Experience in applying adult learning methodologies and workshop facilities skills;
  • Fluency in spoken and written English;
  • Ability to work both in an independent manner and as part of a team and organize the workflow efficiently;
  • Familiarity  with the UN system, in particular with UNIFEM and UNDP and their mandate;
  • Understanding/experience in South Eastern Europe, especially with regards to gender equality, non-discrimination and human rights is considered an asset;
Application Procedures:
 
Qualified and interested candidates are requested to apply on-line through this site, no later than November 5th, 2009
 
The application should contain:
  • Filled P11 form. The form can be downloaded from: http://www.unifem.sk/uploads/doc/P11.doc
  • Kindly provide a short letter of interest including a price quotation indicating the daily fee (in USD) requested for the work envisaged in the description above
UNIFEM and UNDP apply fair and transparent selection process that would take into account the competencies/skills of the applicants as well as their financial proposals. A lump sum will be provided to cover costs of travel and accommodation to Albania, which will be released upon start of assignment.
 
The remaining payment will be made upon satisfactory completion of all tasks in the assignment, and submission and approval by UNIFEM and UNDP of final reports.
 
Due to large number of applicants, UNIFEM and UNDP regret that it is unable to inform the unsuccessful candidates about the outcome or status of the recruitment process.