Background

Purpose
The purpose of this consultancy is to develop a comprehensive legal research pertaining to the development of a new regulatory framework for functional MZs. The legal research will contribute to the creation of a new legal structure that would create an environment where MZs can become effective and democratic channels for citizens to participate in their own governance. The research will initiate drafting model legal texts that would establish a set of core elements that would reinforce the application of the renewed status and decisions or improve MZ-related decision-making, engagement in public consultations and interaction between local administration and MZs.

Objective
The main objective of the consultancy is to review and upgrade the existing legal frameworks for functional MZs. Whilst the focus of this consultancy will be on preparing concrete MZ-related legislative proposals for renewal of entity/BD/LG relevant legal frameworks, it will also have implications on the wider local governance reform agenda. The consultant will engage in country-wide participatory processes for renewal of MZ-related regulatory frameworks, discussions and review of the draft legal framework by structures of AMCs and relevant institutions, as well as legal reviews and regulatory impact assessment process.
This will entail provision of analytical and expert inputs that will ultimately offer concrete recommendations for improving the legal frameworks of local governments, as well as will develop a model MZ-related municipal legal documents, as universal examples that can be applied within all local governments country-wide. 

Background Information
In 2015, UNDP launched the implementation of the Strengthening the Role of Local Communities/Mjesne zajednice in Bosnia and Herzegovina Project, which is financed jointly by the Government of Switzerland and the Government of Sweden. The project goal is to improve quality of life of the citizens of Bosnia and Herzegovina through improving local infrastructure and services, increasing democratic accountability and social inclusion. The chosen means to achieve this goal is through encouraging community-led local development and revitalising MZs as the places where government comes closest to the people and as grass-roots organisations that serve communities, with the possibility for real participation and joint action.
The Project's implementing strategy is to support and drive forward change from bottom-up by engaging citizens and communities and giving them a voice in local governance processes, and by revitalising MZs as spaces where citizens come together to interact and involve, to identify and solve problems, to transmit their concerns to the local government and participate in the ways it makes its plans, spends their money and takes decisions that affect people’s lives. In doing so, the Project places MZs and their communities at the centre of its work, while also relying on a broad range of relevant stakeholders to sustain and expand Project results and increase democratic accountability. The Project works with 125 MZs country-wide.
Among other actions planned to contribute reaching the Project objectives is renewal and improvement of the MZ-related municipal legal and procedural framework, in line with the broader legal reform to be facilitated by the Project at higher government levels. To that end, and having in mind the forthcoming MZ elections following the October 2016 Local Elections, the Project will support the review and improvement of the relevant regulatory documents particularly regulating MZ elections at municipal level, to enable a more transparent and democratic MZ election process within partner localities, and beyond. Therefore, this assignment will contribute to the achievement of the Project Output 3.2: Models for municipal MZ decisions and statutes considering gender equality and social inclusion aspects drafted and disseminated.
The local governance legal framework lies at the entity level and at the cantonal level within FBiH. The framework laws are the RS Law on Local Self-Government  and the FBiH Law on the Principles of Local Self-Government . Other general provisions are given in the Constitutions and relevant legal framework of the cantons. Therefore, local government legal frameworks and fiscal arrangements vary between the two entities and between the subordinate ten cantons. Local government legal reforms in the past years were generally characterised by a top-down approach and resulted in incomplete, overlapping and often conflicting laws. Moreover, implementation of the framework laws on local government has proven to be complex, characterised by unclear apportionment of functional responsibilities among entity, cantonal and LGs, ultimately leading to inefficient service delivery at the local level.

Duties and Responsibilities

The Consultant will work in 23 partner local governments – Bijeljina, Brcko, Gracanica, Gradacac, Gradiška, Ilijaš, Jablanica, Kljuc, Kotor Varoš, Laktaši, Ljubinje, Ljubuški, Nevesinje, Olovo, Pale, Petrovo, Rudo, Sanski Most, Stari Grad Sarajevo, Tešanj, Trnovo RS, Zenica and Žepce.
The Consultant will have the task to compile and review all relevant legal framework (statutes, rulebooks, decisions, etc.) regulating MZs functionality and legal status within local governance and self-governance structure across BiH. S/he will be responsible to identify gaps in terms of transparency of processes, equality (including gender equality and representation), appropriateness and quality of the documents and fairness of the election process based on the existing frameworks. Then, the Consultant will make a comparative review of the key strengths and gaps within the relevant legal framework across the country, as well as make recommendations for overcoming the gaps in the overall framework related to MZ. Based on existing good practices and legal excellence, the Consultant will offer “model” legal documents (including segments of the municipal statutes; draft rulebooks and decisions), which together comprise a quality example for a comprehensive MZ election municipal framework, as per the specific requirements of the relevant entity legislative requirements. The consultant will develop an ex-ante regulatory impact assessment as a systematic decision tool in public administration in order to examine and measure the likely benefits, costs, risks and distribution effects of proposed amendments to the existing legal framework pertaining to MZs functionality and legal status. The incumbent will also develop a report with specific recommendations on the way forward related to the task in hand.
The Consultant will be ultimately responsible for the final quality of all inputs as validated by the Project Team and partner local governments. In delivering the assignment, the Consultant will closely coordinate with the Project Team (including field team representatives) and partner local governments.
More specifically, the consultancy will comprise the following main tasks:

Task 1: Develop methodological approach and timeline for the assignment
Under this task, following an initial meeting with the Project team, the Consultant will develop the methodology for the legal review, encompassing:

• a detailed description of the approach to conducting the legal review (i.e. – desk review, data collection, discussions with relevant stakeholders for participatory identification/validation of review findings;
• a comprehensive list of relevant legal policy and other documents to be examined;
• a list of stakeholders to meet and a time-plan for the meetings/focus groups. These include a minimum of 10 meetings/focus group discussions in total with:  MZs representatives (staff, members of the MZ Council/Assembly from local governments in both entities and Brcko district); citizens (different age groups); relevant entity representatives; local governments’ representatives (local leadership, legal officers); practitioners, both entity Associations of Municipalities and Cities, etc. The envisaged travel costs for these meetings should be embedded within the financial offer of the candidate.
• regulatory impact assessment methodology;
• a detailed work plan. 

It is envisaged that this task will be finalized by  mid-March 2017. The level of effort will not exceed 15 expert/days.

Task 2: Conduct data collection and consultations with stakeholders
Upon approval of the methodology and work plan by the Project team, the Consultant is expected to carry out data collection and consultations/meetings with stakeholders/focus groups, as per the approved work plan and approach. The consultant will be responsible to coordinate at least 10 consultative events with at least 200 key stakeholders and policy-makers (among whom at least 40% women) including consultations with AMCs.
It is envisaged that this task will be delivered by end of May 2017 and the level of effort will not exceed 20 expert/days.

Task 3: Draft legislation incorporating main principles and vision for MZs
Based on the thorough review and analysis of current MZ statues and decision-making process, the consultant will develop models for municipal MZ decisions and statues and draft corresponding legislation proposals. The aim of this task is to identify various models of municipal decisions and status on MZs and to offer proposals that would enhance their legal status and position within the legal framework of the public sector. The models will look into:

• options for improvement of statues and decision-making process related to MZs;
• alignment of different MZ functions through identification of good practices;
• public consultation processes related to the competencies of MZs;
• election process within MZs and their status within political domain;
• staff appointments within MZs;
• MZ financial resources and usage of MZs premises;
• interaction between MZ and municipal authorities;
• gender-sensitiveness and inclusiveness of current legislation.

Looking into those factors will help develop models that would be presented and discussed with policy makers and AMCs.
It is envisaged that this task will be delivered by end of June 2017 and the level of effort will not exceed 20 expert/days.

Task 4: Develop a Regulatory Impact Assessments for all draft legislation on MZ reform
The regulatory impact assessment will represent an ex-ante assessment or an assessment taken before the measure is implemented. The assessment will describe the following:

• policy problem;
• alternative solutions to achieve the policy objective;
• assess possible effects and costs/benefits of regulatory measures;
• describe measures to be taken. 

The assessment will be an integral part of the models for municipal MZ decisions and statues and corresponding draft legislation. The Regulatory Impact Assessments will be conducted from the viewpoint of gender equality and social inclusion implications prepared for both entities and Brcko District by 2019. It will be developed in close consultation with project stakeholders as well as policy makers at all relevant levels of public administration across the country.
It is envisaged that this task will be delivered by mid-August 2017 and the level of effort will not exceed 30 expert/days.

Task 5: Prepare a comprehensive legal review report
Under this Task, the Consultant will draft a comprehensive, structured legal review report that will include, but will not be limited to, the following chapters:

• Purpose of the report;
• Methodology of work;
• Brief description of the relevant legal framework for MZ elections in Bosnia and Herzegovina and specifically for entity and Brcko District levels (to which local governments needs to comply);
• Review of the relevant municipal regulatory and operational framework (statutes, rulebooks, decisions, procedures, instructions, etc.) which regulates MZ elections for all 23 local governments, including assessment of their quality, relevance and compliance to the legal requirements, as well as identification of main gaps in terms of transparency of processes, equality (including gender equality and representation), appropriateness and quality of the documents and fairness of the election process based on the existing frameworks;
• A comparative review of the key strengths and gaps within the municipal legal and operational framework in 23 localities;
• Recommendations for overcoming the gaps in the overall framework related to MZ elections in these localities, as well as, if relevant – for changes to be introduced within the principle legal framework regulating MZ elections in the country; Recommendations for each specific local governments, based on unique situation.
• A “model” set of legal documents (including segments of the municipal statutes; draft rulebooks and decisions on MZ elections), as per the specific requirements of the relevant entity legislative requirements. These model documents can serve as general guidelines for all local governments in the country, ensuring a minimum set of common principles are embedded and further applied in MZ election processes.
• Key findings of the regulatory impact assessment focusing on costs, benefits, risks and distributional issues that would provide decision-makers with valuable empirical data and a comprehensive framework in which they can assess their options and the possible consequence of their decisions.
• References and annexes.

The final report (in the languages of people of Bosnia and Herzegovina) is subject to approval by the Project team.
It is envisaged that this task will be delivered by mid-September 2017 and the level of effort will not exceed 15 expert/days.

Task 6: Advocate for endorsement of proposed legal framework
Once all the reports, assessments and legislative drafting process are concluded, the consultant will contribute to the dissemination of the models to relevant stakeholders and advocate for endorsement of proposed legal framework with policy makers.
It is envisaged that this task will be delivered by mid-December 2017 and the level of effort will not exceed 10 expert/days.

Deliverables and timelines
The Consultant is responsible for the following deliverables:
Deliverables (outputs) Schedule and level of effort
Task 1: Develop methodological approach and timeline for the assignment

• Introductory meetings conducted with the Project Team
• Work-plan and detailed methodology developed and approved by the Project Team. By mid-March 2017, 15 days

Task 2: Conduct data collection and consultations with stakeholders

• Key materials are collected, reviewed and analysed by the Consultant;
• Interviews with key stakeholders conducted. By end of May 2017,20 days

 Task 3: Draft legislation incorporating main principles and vision for MZs.

• Models for municipal MZ decisions and statues developed and corresponding legislation proposals drafted By end of June 2017, 20 days

Task 4: Develop a Regulatory Impact Assessments for all draft legislation on MZ reform.

• The regulatory impact assessment developed assessing policy problem, alternative solutions to achieve the policy objective, possible effect and describing measures to be taken.  By mid-August 2017, 30 days

Task 5: Prepare a comprehensive legal review report

• Individual local government reports capturing specific recommendations for improvement of legal framework, 23 in total, as well as a comprehensive legal review report as per the details provided in these ToR is prepared and adopted by the Project Team. By mid-September 2017,15 days

Task 6: Advocate for endorsement of proposed legal framework

• Models disseminated to relevant stakeholders and advocacy for endorsement of proposed legal framework with policy makers conducted, y mid-December 2017, 10 days

Competencies

a. 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.

b. 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 behaviour;
• Respects individual/cultural differences; utilizes diversity to foster teamwork;
• Ensures others’ understanding of, involvement in, and adaptation to a change process.

c. Partnering and Networking:

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

 d. Results-Orientation:

• Plans and ensures quality results to meet established goals.

e. Communication:

• Formulates written information clearly and persuasively;
• Shares information openly with co-workers and partners while using discretion to protect confidences;
• Presents information in a clear and articulate manner.

f. Job Knowledge and Expertise:

• Strong analytical skills;
• Advanced writing skills,
• Progressive knowledge of strategic planning at local and higher levels and the related methodologies;
• Strong facilitation and coordination skills;
• Substantive knowledge on security 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 in law will be an asset.

Experience: ? 

• At least 7 years of relevant professional experience in Bosnia and Herzegovina;
• Previous experience related to good governance and/or local governance and MZs would be a distinct asset;
• Proven ability to undertake research using both quantitative and qualitative methods;
• Proven analytical skills and ability to conceptualize and write concisely and clearly;
• Excellent communication and facilitation skills.

Language requirements: ? 

• Fluency in the official languages in Bosnia and Herzegovina is required.

Other: ? 

• Excellent computer skills (MS Office applications) and ability to use information technologies as a tool and resource.