Background

The conflict in Kosovo in the late 1990s led to tens of thousands of casualties and hundreds of thousands of civilians being displaced from their homes.  However, to this day, victims’ rights have not been addressed in a satisfactory manner– for example, according to the ICRC, 1,665 persons out of the 6,024 persons reported missing from the period of 1998 to 2000 still remain unaccounted for.  

Resolving the fate of missing persons in Kosovo turned out to be an extremely lengthy and complex task exacerbated by the particularly sensitive social and political context. The fact that there is still a considerable number of persons missing from the conflict in 1999 continues to negatively impact reconciliation efforts within Kosovo as well as efforts to improve relations between Serbia and Kosovo. Mistrust and the impression that the other side does not reveal all the available information on the whereabouts of the missing still prevails. Stepping up efforts to resolve the fate of the missing would therefore represent an important step towards the long-term objective of reconciliation. 

The overall objective of the project is to change national and local attitudes on missing persons by promoting the missing persons issue as a common concern, improving the technical capacity of Kosovo institutions and accelerating the cooperation and coordination for identifying possible locations for missing persons.

As part of this project a legal expert is required to review and assess the law on missing persons. This needs to be done in consultation with local partners, stakeholders, family associations and international organizations. The legal expert will then also need to assess the implementation of the law and provide a final report of findings and recommendations.  

Objectives of Assignment

As part of the project a legal expert is required to assess and review the law on missing persons in consultation with local stakeholders, family associations and intentional organizations. The expert should also review the law and ensure the harmonization with other laws, especially Law No. 05/L-060 on Forensic Medicine and the Law No. 04/L-054 on the Status and The Rights of The Martyrs, Invalids, Veterans, Members of Kosovo Liberation Army, Civilian Victims of War and Their Families.(2)  The expert should then further assess the implementation of the law on missing persons and write a full report on the findings as well as provide recommendations. 

[1]https://www.kuvendikosoves.org/common/docs/ligjet/Law%20on%20the%20status%20of%20the%20martyrs%20of%20war.pdf 

[2]https://www.kuvendikosoves.org/common/docs/ligjet/Law%20on%20the%20status%20of%20the%20martyrs%20of%20war.pdf 

Duties and Responsibilities

The consultant will work under the direct supervision of the Project Manager. 

  • Review the current law on missing persons to identify gaps, possible issues and overlap of mandates;
  • Work with members of the family associations and the Government Commission on Missing Persons to identify gaps within the law and develop solutions;
  • Review the law on missing persons and review harmonization/possible overlap with other relevant laws; 
  • Assess the implementation of the law and give examples of the current implementation;
  • Conduct consultative meetings with different stakeholders to provide necessary inputs (Identify important/relevant issues, trace trends, and provide conclusions and recommendations);
  • Draft a summary report on findings and provide recommendations. 

Expected Results

Deliverables/ Outputs

  • Draft report  

Estimated Duration to Complete

  • For the duration of the assignment

Target Due Dates

  • 16 December 2017

Review and Approvals Required 

  • Project Manager/Programme Analyst

Deliverables/ Outputs

  • Final report 

Estimated Duration to Complete

  • For the duration of the assignment

Target Due Dates

  • 19 December 2017

Review and Approvals Required 

  • Project Manager/Programme Analyst

Deliverables / Final Products Expected

  • Review the current law on missing persons, as well as other relevant laws to identify gaps, possible issues and overlap of mandates;
  • Develop recommendations based on the legislative framework for the amendment and harmonisation of the law;
  • Review and assess the implementation of the law;
  • Final report with concrete results and recommendations submitted to UNDP at the end of assignment.

Scope of price proposal and schedule of payments

Recommended Presentation of Offer

  • Duly accomplished Letter of Confirmation of Interest and Availability;
  • Personal CV or P11, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Candidate and at least three (3) professional references;
  • Brief description of why the individual considers him/herself as the most suitable for the assignment, and a methodology, on how they will approach and complete the assignment. 
  • Methodology, please describe how you will approach this assignment with suggested methods and timelines;
  • Financial Proposal that indicates the all-inclusive fixed total contract price by breakdown of costs per deliverables, inclusive of all (travel, living allowance, and other incidentals).

Criteria for Selection of the Best Offer

  • Combined Scoring method – where the qualifications and methodology will be weighted a max. of 70%, and combined with the price offer which will be weighted a max of 30%; 

Competencies

Core Competencies: 

  • Proven analytical skills;
  • Ability to write concisely, clearly, and within strict timelines;
  • Unbiased and objective attitude while assessing the developments in Kosovo;
  • Adept at working in a highly pressured professional environment and sensitive to deadlines set in work plan; 
  • Self-motivated and able to recommend options for resolution of issues;
  • Able to handle confidential and sensitive issues in a responsible and professional manner.
  • Demonstrates integrity by modelling the UN’s values and ethical standards;
  • Promotes the vision, mission and strategic goals of UNDP;
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability and
  • Treats all people fairly without favoritism.

Functional competencies:

  • Demonstrated aptitude for legal research and writing; 
  • Proven legal background and understanding of Kosovo legislation;
  • Demonstrated analytical skills;
  • Ability to write concisely, clearly, and within strict timelines;
  • Adept at working in a highly pressured professional environment and sensitive to deadlines set in work plan; 
  • Self-motivated and able to recommend options for resolution of issues. 

Required Skills and Experience

Education:

  • Master’s Degree in law, or related field;

Experience: 

  • At least 5 years of relevant professional experience, with national or international organisations;
  • Extensive knowledge of the legislation and legal processes in Kosovo;
  • Knowledge and previous experience in legal review is desirable;
  • Excellent communication skills and ability to understand and successfully manage cultural/ethnic/political sensitivities are particularly important; 
  • Familiarity with relevant cross-cutting issues related to local sustainable development such as gender mainstreaming, environmental sustainability, human rights based approach, social inclusion and other issues as appropriate;

Language skills:

  • Excellent knowledge of spoken and written English as well as analytical and report writing skills;
  • Knowledge of Albanian and/or  Serbian is required. 

Application Instructions:

  • Click on the "Apply now" button;
  • Input your information in the appropriate Sections: personal information, language proficiency, education, resume and motivation; You can type in, or paste your short Resume into the last box;
  • Upon completion of the first page, please hit "submit application" tab at the end of the page. On the next page, you will be asked to upload your Resume;
  • System will only allow one attachment. All docs (CV; P11; financial offer; list of similar profiles should be included as one attachment).
  • Please make sure to submit all the requested documents/information; otherwise, your application will be considered incomplete.