Legal Consultant

Contract

This is a Consultancy contract. More about Consultancy contracts.

**OVERVIEW** ------------ Parent Sector : Culture Sector (CLT) Duty Station: Erbil Job Family: Culture Type of contract : Non Staff Duration of contract : From 1 to 6 months Recruitment open to : Internal and external candidates Application Deadline (Midnight Paris Time) : 01/01/2023 UNESCO Core Values: Commitment to the Organization, Integrity, Respect for Diversity, Professionalism **OVERVIEW OF THE FUNCTIONS OF THE POST** ----------------------------------------- In 2007, the Kurdistan Regional Government (KRG) created the High Commission for the Erbil Citadel Revitalization (HCECR) affiliated to the Council of Ministers of the KRG as the sole agency responsible for the restoration, development, and management of the Erbil Citadel site. At the end of 2009, the Supervisory Authority of the HCECR was transferred from the Council of Ministers to the Governorate of Erbil. The HCECR received initial funding from the KRG to draft various planning and management instruments and set about conserving and rehabilitating the Citadel. The commitment showed by the Kurdistan Region Government (KRG) justified the listing of the Erbil Citadel as a World Heritage Site in 2014 (see UNESCO’s World Heritage Center website: https://whc.unesco.org/en/list/1437 ). Beyond the listing of the Erbil Citadel, the need to institutionalize the HCECR and develop a legal, financial, and operational framework adapted to its mission was recognized at an early stage by the stakeholders and, within the framework of the Revitalization of Erbil Citadel Project – Phase II, the HCECR and UNESCO signed an MOU for the “Establishment of Procedures for the Management of the Erbil Citadel”. The firm ARS Progetti was commissioned by UNESCO to carry out the study . The report, called HCECR Institutionalization, consisted of three sections: (i)Explanatory Memorandum; (ii) Management Law and; (iii) Internal Regulations. It provided an analysis of the legislative context, weighed the pros and cons of the different statutory options available, and proposed (a) a draft legislation on the development, revitalization and management of the Erbil Citadel Area; and (b) a draft of the Internal Bylaw governing the HCECR, the entity assigned to manage the Erbil Citadel. The finality of these draft legislative instruments was to endow the Citadel with a Legal Persona whereby the authority managing the site has financial and administrative independence from the Erbil Governorate and can appoint personnel and solicit skills and address a situation in which the HCECR lacked “the legal ground required for any future activities intended for \[the\] management of such a prominent site \[… and for\] the proper fulfillment of the management targets and the achievement of the forecasted cultural, commercial and investment returns.” The Explanatory Memorandum noted that the capacity of the HCECR to deal directly with third parties and enter contracts with public or private entities was one of the points to be considered. The HCECR Institutionalization Report was endorsed by the Board of the HCECR on February 14, 2012. Unfortunately, the proposed draft legislation was not elevated to Parliament leaving the legal status of the HCECR unchanged. **PROJECT BACKGROUND** UNESCO is implementing an EU-funded project called “Support to Livelihoods through Cultural Heritage Development” on various sites in Jordan and Northern Iraq (Kurdistan). One of the Iraqi sites is precisely the Citadel of Erbil and one of the activities of the project (Activity 2.3) has to do with establishing a favorable institutional framework for the development of Public-Private-Partnerships (PPP) in Cultural Resources Management based on the available instruments developed by the Kurdistan Region of Iraq framework: 1. KRG PPP Bylaw #10 of 2021 (approved), 2. KRG PPP Instructions (in process of approval)). In the case of the Citadel of Erbil, the obstacles that existed 10 years ago remain unchanged: the HCECR still lacks financial and administrative autonomy, cannot conduct financial transactions and does not have regular and regulated budgeting mechanisms for its activities. Long Description ---------------- **OVERVIEW OF THE ASSIGNMENT** UNESCO, in close consultation with the concerned Kurdish Authorities, is seeking to hire a **Legal Consultant** that will formulate a legal and operational framework that will endow the HCECR with financial and operational autonomy and which could serve as a model for other entities managing cultural resources in the Kurdistan Region of Iraq (KR-I). To be acceptable to the Government of the KR-I, local government, the people of Kurdistan, potential donors and the international community, the proposed framework must: - comply with the recommendations and guidelines of the World Heritage Committee - establish a proper legal basis for the HCECR or the successor entity conform to international standards for cultural management entities - be under KRG control (directly or under an arm’s-length government entity) - be compatible with the strategy and objectives of local government - have control over its own budget, including having the ability to earn profits - have its own bank account - have the legal capacity to collect rents, canons, fees and payment for services - have the legal capacity to enter contracts and agreements with entities or individuals, public and private - be able to accept capital contributions and/or charitable donations from public or private entities and use them in its operational plans - be transparent and free from corruption; and - be competitive with private enterprises in terms of labor laws and operations (i.e. not be subjected to the requirements of the Civil Servants Law). Long Description ---------------- **ACTIVITIES** 1\. The Legal Consultant shall carry out a desk review of the existing legal framework and of the pertinent documentation already produced on the subject. 2\. The Legal Consultant will examine and analyze the applicable normative framework for the promotion of PPP in Cultural Resources and Sites Management given the legal context and the situation of the cultural heritage of the Kurdistan Region of Iraq (KR-I). 3\. The Legal Consultant will lead two rounds of consultations with the interested Kurdish Government Authorities (Prime Minister’s Office, Parliament Office, Ministry of Justice \[Al-Shurra Council\], Ministry of Finance, Governorate of Erbil), the HCECR and UNESCO to gather points of view and obtain their feedback on the legal framework proposed. 4\. From the information gathered in the previous activities, the Legal Consultant will draft a law establishing the Managing Entity of the Citadel of Erbil Site and defining its legal authorities for approval by the KRG. (This law will focus exclusively on providing a normative framework for the Citadel of Erbil. It will serve as a pilot for the future drafting of a broader law on “management entities” for the cultural heritage sector and their legal form (foundations, trusts, endowments, public-private corporations, etc.). 5\. The Legal Consultant will draft the By-Laws regulating the governance and operations of the HCECR (or successor Entity, as it may be called). **DELIVERABLES** D1- Inception Report on the existing legal framework and instruments having a bearing on the Management of Cultural sites, and specifically of the Erbil Citadel and in line with its status as a UNESCO World Heritage site; a roadmap for the process of drafting of the proposed legal framework (1 month) D2- Round 1 of Consultations: Presentation to the stakeholders (KRG/Office of the PM/Ministry of Finance/Ministry of Culture; HCECR; UNESCO) of the Inception Report and of the roadmap for the drafting of the legal framework. Revised Inception Report reflecting the inputs and suggestions made by the stakeholders. (1 month) D3- Interim Report: report indicating how the existing normative framework can be applied to the case of the Erbil Citadel and the HCECR. (1 month) D4- Round 2 of Consultations: a Second Interim Report will provide an account of the consultations held with the stakeholders, their feedback on the analysis provided in the Interim Report, and the recommendations of the Consultant Firm as a result. (1 month). D5.1 a Draft Law on the Management Entity of the Erbil Citadel and D5.2 a draft By-Laws regulating the governance and operation of the Erbil Citadel Management Entity (HCECR or successor entity). (1 month). The deliverables listed above shall be submitted to the project/contract manager designated by UNESCO. The assignment is to be completed within five months. **REPORTING REQUIREMENTS** 1-The Legal Consultant will, on reasonable notice, participate in meetings and discussions with the stakeholders as required by the UNESCO Project Manager. 2-All meetings, discussions, presentations, and deliverables shall be in English and Kurdish. **COMPETENCIES (Core / Managerial)** ------------------------------------ Accountability (C) Communication (C) Innovation (C) Knowledge sharing and continuous improvement (C) Planning and organizing (C) Results focus (C) Teamwork (C) Professionalism (C) **-** ----- For detailed information, please consult the [UNESCO Competency Framework](https://en.unesco.org/sites/default/files/competency_framework_e.pdf). **REQUIRED QUALIFICATIONS** --------------------------- The Legal Consultant should have a demonstrated track record in the drafting of legislation related to Cultural Resource Management in a Latin-based legal system. It is expected that the Legal Consultant will be a local legal and transactional expert with the following qualifications and experience: \- Advanced university degree in Law and capacity to practice law in Iraq and Kurdistan; \- familiarity with the Kurdish/Iraqi legal context; in particular that relating to Heritage and Heritage Management; \- specialized knowledge of cultural resources management and of the different legal and operational forms cultural management entities may take and of their respective advantages; \- demonstrated recent project experience to create or enhance public-private partnerships in the culture sector. This should take into consideration the existing PPP instruments in the KR-I; \- 10 years of legal experience and assignments related to PPP and the Cultural Sector. \- knowledge of English, Kurdish and Arabic Languages. APPLICATION PROCESS ------------------- Interested candidates should click on **“Apply Now”**, then download and complete the Employment History form (Word file). At the end of the Word file, insert extra pages with the following required information in English: \* Upon completing the Word file with all the requested information above, upload the file at the **“My Employment History Form /My Documents”** section of the online application form. Only applications with the below requested information will be considered. **1- A Technical Written proposa**l (2-3 Pages Maximum) consisting of: • An up-to-date curriculum vitae (CV), and a statement indicating how your qualifications and experience make you suitable for the assignment. • A description of your proposed approach and methodology for undertaking the assignment. • List of work assignments and/or THREE (03) contacts as references – to be filled and returned to UNESCO as part of the submission. **2-A Financial proposal** showing the amount to be charged for the assignment expressed as an overall lump sum, which should be quoted in **US Dollars** only. Any travel and subsistence requirements should be indicated separately. Please design the payment scheme against a clear and specific set of deliverables and milestones as reflected in the work plan. **SELECTION AND RECRUITMENT PROCESS** ------------------------------------- Please note that all candidates must complete an on-line application and provide complete and accurate information. To apply, please visit the [UNESCO careers website.](https://careers.unesco.org/careersection/2/joblist.ftl) No modifications can be made to the application submitted. The evaluation of candidates is based on the criteria in the vacancy notice, and may include tests and/or assessments, as well as a competency-based interview. UNESCO uses communication technologies such as video or teleconference, e-mail correspondence, etc. for the assessment and evaluation of candidates. Please note that only selected candidates will be further contacted and candidates in the final selection step will be subject to reference checks based on the information provided. **Footer** ---------- UNESCO recalls that paramount consideration in the appointment of staff members shall be the necessity of securing the highest standards of efficiency, technical competence and integrity. UNESCO applies a zero-tolerance policy against all forms of harassment. UNESCO is committed to achieving and sustaining equitable and diverse geographical distribution, as well as gender parity among its staff members in all categories and at all grades. Furthermore, UNESCO is committed to achieving workforce diversity in terms of gender, nationality and culture. Candidates from non- and under-represented Member States ([last update here](https://en.unesco.org/careers/geographicaldistribution)) are particularly welcome and strongly encouraged to apply. Individuals from minority groups and indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the highest level of confidentiality. Worldwide mobility is required for staff members appointed to international posts. UNESCO does not charge a fee at any stage of the recruitment process.