Legal expert for drafting Law on Recovery after Natural, Technical-Technological and other Disasters in Montenegro

Contract

This is a International Consultant contract. More about International Consultant contracts.

Background

The Adaptation Fund (AF)/UNDP Integrated climate-resilient transboundary flood risk management in the Drin River basin in the Western Balkans (Albania, Montenegro and North Macedonia) Project (Drin FRM Project) aims to assist the riparian countries in the implementation of an integrated climate-resilient river basin flood risk management approach in order to improve their existing capacity to manage flood risk at regional, national and local levels and to enhance resilience of vulnerable communities in the Drin River Basin (DRB) to climate-induced floods. The following results shall be achieved: (i) Improved climate and risk informed decision-making, availability and use of climate risk information; (ii) Improved institutional arrangements, legislative and policy framework for climate-resilient flood risk management (FRM), and development of climate change adaptation (CCA) and FRM strategy and plans at the basin, sub-basin, national and sub-national levels; (iii) Strengthened community resilience through improved flood management, through implementation of structural and non-structural measures and enhanced local capacity for CCA and FRM.

In order to enhance national and local capacities in post-hazard recovery processes, Drin FRM Project team in cooperation with Ministry of Internal Affairs – Rescue and Protection Directorate supported development on nationalized Methodology for assessing damages and losses after natural disasters and other technical-technological accidents, harmonized with international Post Disaster Needs Assessment/PDNA methodology. The methodology was developed by multidisciplinary team of experts, based on most applicable regional experiences and practices, primarily from Republic of Serbia. The particular focus was given to floods and related climate induced hazards. The Methodology was endorsed by the line Ministry and was followed with Training of trainers for transfer of knowledge for implementation of the methodological approach and protocols at municipal levels, i.e. for current municipal commissions for damage assessment. These activities were completed in 2022, while local level trainings will be conducted in 2023.

Setting up efficient recovery system after natural disasters and other technical-technological accidents in Montenegro requires development of framework legal act. Government of Montenegro decided to develop Law on Recovery after Natural, Technical-Technological and other Disasters in Montenegro, in accordance with the Conclusion from the Gov’s session held on 25th January 2023. Ministry of Interior - Rescue and Protection Directorate is tasked to draft aforementioned law that would regulate the sector of reconstruction and recovery, i.e. assessment of damages, losses and needs after natural disasters, technical-technological and other accidents.

Drin FRM Project team agreed to support development of key legal act for post hazard recovery, that will fully incorporate PDNA principles and create framework for functional institutional and financial structures and resources to be in place. Rescue and Protection Directorate formally addressed with the request for two (2) experienced experts: i) legal expert for drafting Law on Recovery after Natural, Technical-Technological and other Disasters and ii) expert for defining optimal institutional and financial framework for implementation of the post hazard recovery and reconstruction.

Rescue and Protection Directorate will establish inter-sectorial Working Group for preparation of the Law on Recovery after Natural, Technical-Technological and other Disasters and will act as main coordination entity and key Governmental beneficiary.

Duties and Responsibilities

Objective of the assignment

To provide legal expertise and inputs for development of Law on Recovery after Natural, Technical-Technological and other Disasters and its explanation/elaboration.

Under the supervision of Drin FRM Project Manager and in close coordination with Ministry of Interior – Rescue and Protection Directorate, engaged legal expert will complete following tasks:

Task 1. Prepare assessment of key documents and laws in Montenegro in the field of disaster risk reduction, reconstruction and recovery after natural hazards and other technical-technological accidents, from both central/national and local level.

Task 2. Liaise with Working Group for development of the Law on disaster risk reduction, reconstruction and recovery (“the Law”), that will include following:

2.1 Providing continuous legal support in order to harmonize the Law with relevant regional legislation and practices and PDNA principles. Identification of strengthens and weaknesses in implementation will be provided through comparative analysis. Special attention will be given to the floods and related climate inducted hazards;

2.2 Analyse inputs from relevant national and local institutions and structures that are of relevance for development of the Law;

2.3 Suggest activity plan for development of the Law outlining tasks, timeline, and roles of stakeholders;

2.4 Support the process of public consultations for defining of Proposal of the Law on Recovery after Natural, Technical-Technological and other Disasters. Analyse the comments received and provide legal feedback and justifications;

2.5. Provide legal inputs for drafting of the explanation/elaboration on the Proposal of the Law on disaster risk reduction, reconstruction and recovery.

Task 3. Prepare a final report on activities undertaken

3.1. Submit a final report on all activities undertaken under consultancy services provided. This report should be prepared and approved by Drin FRM Project team and Rescue and Protection Directorate.

The Law has to be gender and sensitive group mainstreamed in order to ensure that reconstruction and recovery interventions are relevant, effective and sustainable for women and men of the affected population and people with disabilities.

Gender mainstreaming ensures that reconstruction and recovery efforts will reduce inequalities by avoiding assumptions, generalizations and stereotypes, and by promoting positive change.

Ministry of Interior – Rescue and Protection Directorate and UNDP CO Montenegro will organize Inception Conference that will gather key stakeholders from the sector, members of the Working Group and engaged experts. Structure of the process for delivering of the Law on Recovery after Natural, Technical-Technological and other Disasters and institutional set up will be presented at the Conference.

The engaged expert will cooperate with expert for defining optimal institutional and financial framework for implementation of the post hazard recovery and reconstruction. Drin FRM Project team and Rescue and Protection Directorate will facilitate the coordinated work of the experts.

Reporting and delivery of outputs

March – October 2023 Completion of the tasks 1-2, i.e. Proposal of the Law on Recovery after Natural, Technical-Technological and other Disasters with explanation/elaboration

November 2023 Delivery of the Final Report

Timing and travel:

The expert will be engaged under the Individual Contract. The engagement will be in total 60 working days in the period March – November 2023. The expert will have 2 visits and spend up to 10 days in Montenegro.

Reporting languages:

All outputs/product will be delivered in Montenegrin language.

Key results, i.e. Proposal of the Law on disaster risk reduction, reconstruction and recovery with explanation/elaboration of the Law and expert’s Final Report will be delivered also in English.

Competencies

• Demonstrates integrity by modelling the UN’s values and ethical standards;
• Promotes the vision, mission and strategic goals of UN/UNDP;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Ability to lead strategic planning, results-based management and reporting;
• Builds strong relationships with clients, focuses on impact and result for the client and responds positively to feedback;
• Consistently approaches work with energy and a positive, constructive attitude;
• Demonstrates good oral and written communication skills;
• Demonstrates ability to manage complexities and work under pressure, as well as conflict resolution skills.

Required Skills and Experience

Education:

• University degree in Law; Master degree would be considered as an asset;

Experience:

• At least 15 years of experience in legal policy/framework reviews and formulations;
• At least 7 years of experience in developing disaster risk reduction, reconstruction and recovery policy, methodology for assessing damages and losses after natural disasters and other technical-technological accidents;
• Knowledge of Montenegrin institutional and regulatory framework in relation to disaster risk reduction, reconstruction and recovery, would be considered as asset;

Language:

• Fluency in English, with excellent writing skills;
• Knowledge of Montenegrin language is required;

Other:

• Strong advocacy, communication and presentation skills;

Criteria for selection:

Combined Scoring method will be used. 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: (i) responsive, compliant, acceptable, and (ii) 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% (Background and education 10%; Relevant previous experience 20%; Substantial knowledge/Required competencies 30%; Required language 10%);
• Financial criteria weight - 30%.

Only offerors obtaining a minimum 490 points for technical criteria will be considered for the financial evaluation. For more information on procurement methodology for Individual Contractors, please refer to Procurement Notice.

Application procedure:

Interested applicants are requested to submit their applications by March 2, 2023 by using the Apply now button. The application should contain CV. Please note that UNDP jobsite system allows only one uploading of application document, so please make sure that you merge all your documents into a single file.

Only the short-listed applicants will be contacted and requested to submit a letter of interest including a price quotation indicating the lump sum (in EUR) requested for the work envisaged in the section "Description of Responsibilities".