National Legal Review Consultant: Local Environmental Sector


Location : BOSNIA AND HERZEGOVINA
Application Deadline :04-Oct-16 (Midnight New York, USA)
Type of Contract :Individual Contract
Post Level :National Consultant
Languages Required :
English  
Starting Date :
(date when the selected candidate is expected to start)
10-Oct-2016

Background

Purpose
The purpose of this consultancy is to assess and propose recommendations for improvements to the legislative framework governing service delivery in the environmental sector at the municipal level in Bosnia and Herzegovina.

Objective
The objective of this consultancy is to provide analytical support to the MEG Project Team in developing a new legislative agenda for improved service delivery in the environmental sector at the municipal level (specifically related to water supply and wastewater services), by way of conducting a holistic review of relevant legislation at all levels of government, identifying development obstacles and bottlenecks and proposing amendments aimed at their removal/circumvention.
For this purpose, a National Consultant (hereafter – the Consultant) will be recruited.

Background Information
Financed by the Government of Switzerland and implemented by the United Nations Development Programme (UNDP), the Municipal Environmental and Economic Governance (MEG) Project is a newly-launched 12-year intervention in the domain of local governance in Bosnia and Herzegovina. The Project’s overall goal is defined as follows: Local governments, assigned with appropriate competences and finances, have improved their democratic governance, apply sound public policy and performance management systems, and provide public services in an inclusive, effective and efficient manner, particularly those related to economic and environmental sectors. Against this overall goal, three broad lines of action are envisaged:

  • Democratic public policy and sound management processes within local governments (LGs);
  • Provision of high quality public services within the economic and environmental sectors that are responsive to citizens’ needs;
  • Regulatory frameworks at higher government levels enable effective public service delivery.

The Project’s territorial focus is on the North-West part of the country (including Una-Sana Canton and Prijedor region) and the North-East region (the wider Doboj-Tuzla area), covering 18 partner local governments: Bihac, Bosanska Krupa, Cazin, Doboj, Gracanica, Gradacac, Gradiška, Kalesija, Kostajnica, Kozarska Dubica, Prijedor, Prnjavor, Sanski Most, Tešanj, Teslic, Tuzla, Velika Kladuša and Žepce.
The Project is implemented in partnership with the Ministry of Foreign Trade and Economic Relations of Bosnia and Herzegovina, the Ministry of Development, Entrepreneurship and Crafts of the Federation of Bosnia and Herzegovina (FBiH), the FBiH Ministry of Agriculture, Water Management and Forestry, the Ministry for Administration and Local Self-Government of Republika Srpska (RS), the RS Ministry of Agriculture, Forestry and Water Management and both entity Associations of Municipalities and Cities (AMCs).
This consultancy will take place within the Project’s policy/regulatory component, seeking to identify and address legislative issues that may hinder delivery of local services in the environmental sector, with a particular focus on water supply and wastewater services.   


Duties and Responsibilities

Within this consultancy, a thorough review of the relevant legislative frameworks governing service delivery in the environmental sector at the municipal level will be administered for both the FBiH and RS.
The review will look at the following levels of legislative acts, as applicable:  state, entity, cantonal (those cantons where partner LGs are located – Una-Sana, Tuzla and Zenica-Doboj Cantons) and municipal (to include selected partner cities as well as municipalities).
The review will focus on identifying legal gaps or deficiencies hampering more effective and adequately-funded delivery of services by local governments in the environmental sector. Accordingly, it will look to answer the following questions about the legislative framework, including relevant rules and regulations.

  • Is it fit for purpose?
  • Is it conducive to local development?
  • Is there duplication in different level laws jurisdiction?
  • Is there a precise division of responsibilities among different levels of authorities?
  • Is it harmonized with other relevant legislation, i.e. Laws on waters, environment, etc.?
  • Is it implementable, i.e. are there any visible constraints for its effective implementation, i.e. are all implementing agencies and their roles clearly stipulated?
  • Does it provide relevant actors with adequate resources to perform their responsibilities?
  • Does it place undue burden on the private sector and/or the local governments tasked with its implementation?
  • Does it reflect the spirit and letter of relevant EU legislation, in light of acquis communautaire commitments?

Additionally, the review will consider any other matters potentially important and relevant for delivery of services in the environmental sector at the municipal level. Special attention should be given to contracting (or other regulatory) relationships between the local governments and their communal utilities (in terms of clearly defining obligations of both contractual sides).

More specifically, the Consultant will have the following tasks:

Task 1: Collect relevant documentation and conduct desk research
Before commencing the review process, the Consultant will need to identify and collect all relevant rules and regulations (for both entities, including FBiH Cantons where partner LGs are located) and other pertinent policy documents. The Project Team will assist the Consultant in securing the necessary documentation.

As a precursor to this task, the Consultant is expected to submit a detailed work plan containing the following information:

  • comprehensive methodology for conducting the review (with approach, tools and target groups); and
  • timelines for the implementation of key deliverables, as described in this ToR and agreed with the Project Team.

This document will need to be endorsed by the Project Manager before the commencement of the consultancy.
It is envisaged that this task will be delivered by mid-October 2016 and the level of effort will not exceed 5 expert days.

Task 2: Conduct analysis and consultations with key stakeholders
After agreeing on the methodology, the Consultant will initiate the process of review and analysis. To that end, the Consultant is expected to follow the proposed approaches and time dynamics as listed in the methodology and take stock, collect information and conduct assessment review and interviews/focus group discussions with relevant stakeholders.
The Consultant is expected to meet with: 1) representatives of relevant FBiH ministry as well as cantonal ministries in targeted cantons), 2) representatives of relevant ministry in the RS and 3) representatives of relevant AMCs’ commissions. The Consultant is also expected to hold a focus group with municipal-level practitioners per entity, as well as to meet with at least 2 renown experts in this area.
All of the information collected during the review stage will serve as the foundation for drafting the final report. If relevant, the Consultant may conduct comparative review of legislative frameworks in place in the Entity of FBiH/targeted cantons and the Entity of RS, highlighting good practices holding potential for replication.  
It is envisaged that this task will be delivered by early-November 2016 and the level of effort will not exceed 20 expert days (10 expert days per entity).

Task 3: Prepare assessment reports, capturing main findings and recommendations
The assessment findings, as well as recommendations will be captured in a brief assessment report for each entity, highlighting also specific findings and recommendations for each of the targeted cantons in the Entity of FBiH. The indicative length of the report is 15-20 pages each (without annexes).
In order to ensure the validity of both findings and recommendations, the Consultant will, together with the Project Team, hold one presentation per each entity with key informants and stakeholders during which mid-term legislative initiatives stemming from the reports’ recommendations should be discussed.
Taking into account feedback received, the Consultant will finalize the two reports and submit them to the Project Team for final approval. The reports will be prepared in one of the official languages of Bosnia and Herzegovina.
It is envisaged that this task will be delivered by mid-December 2016 and the level of effort will not exceed 16 expert days.

Deliverables and timelines

The Consultant is responsible for the following deliverables:

Deliverables (outputs) Deadline

Task 1: Collect relevant documentation and conduct desk research
A detailed methodology for conducting the assessment, including:

  • description of the approach and tools to be utilized;
  • main target groups;
  • detailed development of questionnaires, as needed;
  • preliminary structure of the assessment report; and
  • detailed work plan submitted and approved by the MEG Project Team. Mid-October 2016,(5 expert days)

Task 2: Conduct analysis and consultations with key stakeholders
Legislative review, data collection, interviews and focus groups conducted, following the approved methodology and its time plan. Early November 2016 (20 expert days).

Task 3: Prepare assessment reports, capturing main findings and recommendations

  • Draft entity reports submitted; presentation prepared and delivered to two validation groups (one per entity);
  • Final entity reports submitted and approved by the Project Team Mid-December 2016 (16 expert days)


Competencies

Corporate Responsibility and Teamwork:

  • Demonstrates commitment to UNDP’s mission, vision and values;
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
  • Plans, prioritizes and delivers tasks on time;
  • Strives for and promotes excellence in performance continually;
  • Participates effectively in a team-based, information-sharing environment, collaborating and cooperating with others;
  • Generates ideas and seizes opportunities to support corporate strategic objectives.

People Skills:

  • Demonstrated ability to work harmoniously with persons of different national and cultural backgrounds;
  • Recognizes and responds appropriately to the ideas, interests, and concerns of others;
  • Builds trust and engenders morale by displaying open, transparent and credible behavior;
  • Respects individual/cultural differences; utilizes diversity to foster teamwork;
  • Ensures others’ understanding of, involvement in, and adaptation to a change process.

Partnering and Networking:

  • Communicates sensitively and effectively across different constituencies;
  • Ability to work as a member of a team as well as work autonomously.

 Results-Orientation:

  • Plans and procedures quality results to meet established goals.

Communication:

  • Technical writing skills, formulates written information clearly and persuasively;
  • Strong communication skills;
  • Shares information openly with co-workers and partners while using discretion to protect confidences;
  • Presents information in a clear and articulate manner.

Job Knowledge and Expertise:

  • Strong analytical skills;
  • Knowledge in strategic planning and methodology development;
  • Demonstrates substantive knowledge on environmental issues and activities with an emphasis on local communities;
  • Executes day-to-day tasks systematically and efficiently;
  • Initiative and sound judgment.

 


Required Skills and Experience

Education: 

  • University degree in law. Advanced degree will be an asset.

Experience: 

  • At least 7 years of relevant experience in the field of public law, environmental and/or water sector law experience would be an asset;
  • Previous experience, practical work and delivery of technical assistance to local and other governments in the field of policy reform is required;
  • Experience in public policy research is required;
  • Practical experience in conducting similar assessments at the local government level in Bosnia and Herzegovina is considered a distinct asset;
  • Excellent communication and facilitation skills;
  • Excellent knowledge of the broader local governance policy and regulatory frameworks in Bosnia and Herzegovina;
  • Proven analytical skills and ability to conceptualize and write concisely and clearly.

Language Requirements: 

  • Fluency in official languages of Bosnia and Herzegovina, and in English.

Applicants are required to submit an application including:

  • Letter of interest;
  • General proposed methodology on how to approach the assignment (up to 3 pages);
  • CV / Personal History Form (P11 application form);
  • Financial proposal indicating consultancy fee as a lump sum (including travel expenses to selected localities and all other applicable fees and costs related to the assignment).

Note:

  • For an assignment requiring travel, consultants of 62 years or more require full medical examination and statement of fitness to work to engage in the consultancy;
  • Due to large number of potential applicants, only competitively selected candidates will be contacted for remaining steps of the service procurement process.

Cumulative analysis:

When using this weighted scoring method, the award of the contract should be made to the individual consultant whose offer has been evaluated and determined as:

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

  • Technical Criteria weight-70%
  • Financial Criteria weight- 30%

Only candidates obtaining a minimum of 49 points for technical criteria assessment would be considered for the Financial Evaluation.


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

UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.


If you are experiencing difficulties with online job applications, please contact erecruit.helpdesk@undp.org.

© 2016 United Nations Development Programme