Historique

In the broader framework of the joint United Nations’ initiative on social inclusion in Albania, social exclusion is defined as the process whereby certain individuals and groups are pushed to the edge of society and prevented from fully participating in it by virtue of their poverty, lack of access to basic services and opportunities, lack of capabilities, and/or as a result of discrimination. Albania experienced remarkable economic growth in the past decade. Reforms have been launched in all sectors of the economy as well as in basic services such as education, health and increasingly for social care, insurance and other protection systems. Nevertheless, government structures cannot respond adequately to the needs of marginalized and vulnerable groups due to limited financial and human resources as well as inefficient institutional capacities.

The United Nations Support to Social Inclusion in Albania Programme (UNSSIA) seeks to support the development of capacities of Albanian institutions at central and local levels for advancing the national social inclusion agenda with a view to ensure that government policies and programmes are consistent and coherent in achieving the maximum possible effect for the social inclusion of people at risk; and, to enhance civil society and citizens’ participation as rights holders in national social inclusion processes.

The programme is designed to:

• generate knowledge for evidence-based social inclusion policies
• strengthen policy management capacities of MoSWY, line ministries and de-concentrated units to implement the Social Inclusion and Protection Strategy;
• enhance implementation capacities of regional and local governance mechanisms to implement inclusive policies;
• support marginalized groups to demand and exercise their rights to equal access to services.

Key partners of the UNSSIA Programme include the Ministry of Social Welfare and Youth and Ministry of Urban Development and Tourism. Naturally the Programme has active interaction with central and local level stakeholders in all areas of work.

The state has the immediate and continuous obligation to ensure that all persons safely possess a house, notwithstanding the disposition or ownership title,  as it stems from the UN recommendations and interpretations of the European Court of Human Rights. Accordingly, the state should afford legal protection against forced evictions, harassments and other threats and prepare the ground for progressive realization of all aspects of the right to adequate housing.

The housing safety is not summarized into a single notion. A variety of forms of ownership, use, administrative and judicial review procedures may ensure the observation of housing right in different contexts.

Apart from the economic function, immovable property in modern states has also a social function. The concept of immovable property social function applied in the developed Western countries is recently brought to attention by the jurisprudence of the European Court of Human Rights. Immovable property social function should be recognized and promoted, in order to realize the fundamental right to adequate housing.

The fundamental principles should be reflected in all necessary measures to be undertaken in processes requiring the eviction or evacuation of people, with a view of strengthening and protecting the security of accommodation in houses, including:

• non-discrimination and equality before the law;
• obligation of the progressive compliance by the state with the housing obligation, using the maximum resources available before the eviction and house demolition;
• priority attached to the individuals at the highest risk on the brink of social exclusion and the most marginalized ones;
• creation of full and timely access to information;
• effective participation of the community in negotiations and decision making processes;
• request for and acceptance of international assistance and cooperation with international bodies and non-profit organizations;
• accountability of the responsible authorities.

The Albanian Constitution has incorporated the housing right within the framework of protection against any forms of discrimination and the right to private and family life.

The Albanian Government is determined to meet its obligations, with a view of respecting the right to adequate housing and eliminating the discrimination in this context, with special focus on the safe house possession in urban areas, in order to ensure the observation of human rights.

To address the housing needs under Article 3 of the Law No. 9232, the social housing programs are classified into:

• Programs of social rented housing.
• Programs of low-cost housing.
• Programs of land equipped with infrastructure. 

Further, according to Article 4 of the Law 9232, the families benefiting from social housing programs should meet the following criteria:

1. Families eligible to benefit from social housing programs, are approved by virtue of the Municipal Council Decision under the following criteria:

• they do not own a  house;
• they possess a living surface area below the housing standards set out for the social and economic category those families belong to;
• they have remained homeless as a result of natural disasters.

Only the families with insufficient income under the provisions of Articles 6 and 19 of this Law, shall be classified under any of the letters “a”, “b” and “c” of point 1 of this Article.

2. The administration of applications for social housing programs and establishment of priorities shall be performed by local government bodies and approved by virtue of the decision of the councils of local government units, unless special laws provide otherwise.

3. The documentation to be submitted by a family for purposes of benefiting from social rented housing and the respective deadlines and procedures shall be established by Decision of Council of Ministers.

4. The housing standards, according to point 1(b) of this Article, shall be established by Decision of Council of Ministers.

Devoirs et responsabilités

Purpose of the assignment:

The experience with the implementation of the Law No. 9232 over the years has revealed that this law apart from needing to be updated, as stated in a number of reports and recommendations prepared by various non-governmental organizations or by the Ombudsman, does not cover  a group of categories in need, especially Roma community and other similar groups and orphans. Further, it should be taken into account that it is necessary to provide for cases of forced eviction not only due to unlawful grounds, but also on legal grounds, providing also the respective solutions through clear procedures in this regard, which should not conflict with the principles of human rights.   Additionally, a need has arisen for the option of alternative housing in accordance with the European practice, reviewing the criteria for selection of winners or delegation of the settlement of issue of limits of revenues through a by-law.

The review of this law is required, in order for it to address all of the above cited issues stemming from a number of recommendations and to ensure the involvement of all groups in the effects of this law, as well as the involvement of other stakeholders such as central government, grants etc., in the financing and administration of various housing programs, establishment of the option of fiscal facility for the builders, provided that the latter make apartments available to homeless families or their involvement in one of the housing programs.  Due account should be taken in order for the law to include the rules for the clear implementation of procedures, for purposes of ensuring the fair and effective implementation of legally supported cases to be established by the law itself.

UNSSIA programme aims to support the MUDT in reviewing the Law No. 9232, dated 13/05/2004, to bring it in line with the international standards for the observance of the fundamental human right to housing, as well as to identify solutions to the above cited issues.

Thus, within the structure of the UNSSIA, UNDP will be recruiting two senior legal experts (hereafter “the Consultants”) to assist the Ministry of Urban Development and Tourism (MUD) to draft the amendment of Law no. 9232, "On Programs for Social Housing”.

Duties and responsibilities of the consultants:

Under the supervision of the UNDP Programme Manager for Social Inclusion, with guidance of the Department of Urban Services and Housing at the MUD, and in close collaboration with one senior housing expert (that will be hired for the same purpose) the consultants will carry out the following tasks:

• Revision of the Law No. 9232, in order to check its compliance with the international housing standards ratified by Albania;
• Analysis of issues addressed by the civil society and institutions of human rights, with a view of elaborating them through the revision of Law 9232.
• Analysis of the process and of the procedures of privatization of buildings including of those that have turned into fund housing aiming at the unification of privatization procedures.
• Drafting of law amendments, taking into account: a) the needs of vulnerable groups, including the displaced due to public investments;  b) the housing needs of rural area residents; c) the need for a monitoring and evaluation system for the implementation of social programs of social housing; d) the need for sanctions, including administrative sanctions for the individuals, officials or local advisers; e) a clear definition of the central and local government competences in the field of social housing; f) the need for a clear definition of tasks for the local government in terms of social housing (methods of financing for housing purposes, application for housing funds, long-term housing planning etc...); g) the necessity for reviewing the housing assistance programs for the most vulnerable groups or related groups; h) the need to regulate and unify in the law of procedures for the housing privatization from institutions and line ministries; i) Necessity for reviewing the modalities on financing these programs.

All revisions in the Law should refer to the new administrative and territorial division and the various effects it imposes.

• Assessment of the financial effects brought by the proposed legal amendments.
• Preparation of the accompanying report on the legal amendments proposed.
• Entering into consultations and discussions on the proposed legal amendments, with all stakeholders, including the groups of interest
• Following the consultations, reflection of the recommended changes in the draft amendments proposed
• Highlighting the adequate amendments to the domestic legislation due to the proposed changes of this law.
• Preparation of a summary of these legal amendments, in order to inform the line ministries and local government units.
• Inception report including the initial outline of the tasks, key decision points, the expected completion date for each task and deliverables. The inception report shall be delivered to the UNDP and MUD for review and approval within one week from contract signature.
• Draft amendments formulated for the housing Law no. 9232, dated 13/05/2004
• Assessment of financial effects
• Accompanying report of draft amendments
• Consultations with the key stakeholders and groups of interest
• Adequate amendments to the national legislation

Timeframe:

The expected duration of the assignment is maximum 30 days between February - June, 2016.

Compétences

Core competencies and values:

• Demonstrates integrity and fairness by modelling UN values and ethical standards;
• Demonstrates professional competence and is conscientious and efficient in meeting commitments, observing deadlines and achieving results;
• Display cultural, gender, nationality, religion and age sensitivity and adaptability.

Functional competencies:

• Excellent understanding of Albanian key documents on urban services and housing;
• Drafting and reporting skills, team player and capacity to deliver as per deadlines.
• Strong inter-personal and communication (oral and written) skills, efficiency in a multi-tasking and multi-cultural environment;
• Ability to work and adapt to a dynamic working environment, judgment, results-orientation, and ability to perform under pressure.

Qualifications et expériences requises

Education/Academic qualification:

• Post-graduate degree in law;

Work experience:

• Minimum ten years of experience as a legal professional;
• Strong knowledge and understanding of policy issues related to housing and urban development, human rights and social inclusion;
• Past experience in drafting legislation
• Deep understanding of legislative work, processes, function and structures demonstrated through years of experience, work achievements and personal contribution to the developments in this area;
• Relevant experience with UN Agencies or other international organizations would be appreciated;

Language requirement:

• Excellent spoken and written Albanian and English languages;

Evaluation of Applicants:
Individual consultant will be evaluated based on a cumulative analysis taking into consideration the combination of the applicants’ qualifications and financial proposal. The award of the contract should be made to the individual consultant whose offer has been evaluated and determined as:

• Responsive/compliant/acceptable, and
• Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation.

Only the highest ranked candidates who would be found qualified for the job will be considered for the Financial Evaluation.

Technical Criteria - 70% of total evaluation – max points: 70

Criteria A: Expertise as legal professional – max points: 30

Criteria B: Experience in drafting legislation– max points: 30

Criteria B: Language qualifications – max points: 10

Financial Criteria - 30% of total evaluation – max points: 30

Application procedures:
Qualified candidates are requested to apply online via this website. The application should contain:

• Cover letter explaining why you are the most suitable candidate for the advertised position. Please paste the letter into the "Resume and Motivation" section of the electronic application;
• Filled UN Personal History Form (P11) for Service Contracts (SCs) and Individual Contracts (ICs); blank form - Download here. Please upload the P11 instead of your CV;
• Financial Proposal* - The financial proposal shall include the total lump sum and a breakdown of this lump sum amount  (consultancy daily rate expressed in ALL, travel cost, per diems and any other possible costs).

Incomplete applications will not be considered. Please make sure you have provided all requested materials.

*Please note that the financial proposal is all-inclusive and shall take into account various expenses incurred by the consultant/contractor during the contract period (e.g. fee estimate based on man-days, health insurance, vaccination and any other relevant expenses related to the performance of services). All envisaged travel costs must be included in the financial proposal in ALL. This includes all travel to join duty station/repatriation travel. 
Payments will be made only upon confirmation of UNDP on delivering on the contract obligations in a satisfactory manner.

UNDP applies a fair and transparent selection process that would take into account both the technical qualification of Individual Consultants as well as their financial proposals. The contract will be awarded to the candidate obtaining the highest combined technical and financial scores. UNDP retains the right to contact references directly.  Due to large number of applications we receive, we are able to inform only the successful candidates about the outcome or status of the selection process.

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Qualified individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.