NATIONAL CONSULTANT- DECENTRALIZATION OF THE SOCIAL PROGRAMS in Tbilisi, Georgia

Contract

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BACKGROUND AND RATIONALE

The Law of Georgia Code on the Rights of the Child was adopted by Parliament on 20 September 2019. It will enter into force on 1 September 2020. (Other policies and legal acts are discussed in the Annex 1).

The Code reflects a rights-based approach and mandates local municipalities to take up the protection and promotion of child rights at the local level through different programs and support activities within the delegated authorities based on subsidiarity principle, from the MoIDPOTLHSA in accordance with the Law of Georgia "Local Self-Government Code" (article 17: Procedure and terms for the delegation of powers). Refer to Annex 1. The Code on the Rights of the Child lists respective programs to develop and implement for children at national as well as local levels with the latter covering: prevention of child abandonment, family support, support of the inclusive education system, child healthcare, child social protection, children's standard of living, support in child social activities, social inclusion, child volunteering, and protecting children from the harmful information etc., ensuring alignment with respective national strategies and action plans.

Article 96 of the Code is dedicated fully to the authorities of the local self-governance (LSG) in the protection and promotion of child rights at the local level:

• they are tasked with establishment of child rights impact assessment mechanism to be used when drafting and / or deciding on a local legal act on any matter that would directly or indirectly affect the rights of the child or group of children
• it stresses the importance of child equality and effective participation in the municipality work and ensures child-friendly justice approaches in the administrative proceedings carried out by the municipal authorities; and
• the municipality should identify a special unit in the frames of protection and promotion of child rights and liberties and develop programs for child rights protection and promotion at the local level, ensure their management and control of the implementation within its own or delegated authorities. Some of the objectives and functions of the unit:

1. Development of the municipal programs for the protection of children's rights, coordination, monitoring and evaluation of the implementation process;
2. Establishment of the network of social workers implementing child rights protection and promotion within the municipality and defining their areas of action;
3. Coordination with the state implementing agencies of child protection and promotion programs;
4. Coordinating the implementation of the child rights protection and promotion programs implemented by the non-governmental and international organizations;
5. Selection, registration and determination of relevant contractual conditions with implementers of municipal child rights protection and promotion programs;
6. Production of statistics in accordance with the approved child rights protection and promotion programs;
7. Creating a unified database on child rights protection and promotion programs;
8. the municipality unit should implement measures for the protection of the child in the public space (group transportation, restricting access to alcohol, substances, tobacco products etc, as well age inappropriate entertainment and media content.)Â as per child protection technical rules approved by the Government of Georgia.

The special unit should employ social worker(s) specialized on children and families, a child psychologist, a child legal support specialist and should be funded from the municipal budget. The child support program within the delegated authorities should be funded from the relevant program budget or grant, or other funding sources as per national legislation.

Strengthening the municipalities to deliver child protection and promotion programs is at the forefront of UNICEF Georgia's work. UNICEF will provide capacity building support to national agencies and municipalities for planning and public finance for children and for implementing and monitoring the effectiveness of social protection programmes. One of the UNICEF's programming platforms-Child Friendly Cities Initiative- plays an important role in UNICEF's engagement in local development planning, budgeting and local coordination. Three major cities of Georgia, Tbilisi, Batumi and Kutaisi, expressed their interest and willingness to become part of the Child Friendly Cities (CFC) Initiative. The Mayor of Tbilisi signed the global CFC Declaration during the Global CFC summit in Cologne/Germany, while Batumi and Kutaisi participated in the Athens Regional Meeting of Mayors for Children where they committed to making cities work for children and young people.

MoIDPOTLHSA on Parliament of Georgia's support has revealed a list of programs that they are thinking to delegate to the local level. These programs are designated towards prevention of child abandonment and aim to support families and children by reducing poverty. Â The following programs are to be decentralized: (1) urgent assistance to families who have children and are in a crisis situation, (2) home care for children with disabilities (CWDs) (available in three cities) and (3) day care centers (96 in total). The delegation of the latter will start with a pilot (3 cities) and will gradually scale-up. From 2021, the Ministry is starting a program, required by the Code, to support children they graduate out of the state care. Delegation of this program is planned but it requires further conceptualization about how and when this program would come into effect for children.

PURPOSE OF THE ASSIGNMENT

The goals of the assignment are to support MoIDPOTLHSA together with Ministry of Reginal Development and Infrastructure :

• On the developing of the modal draft agreement between the MoIDPOTLHSA and municipalities on delegating social programs (three programs which are to be decentralized)
• On the development of the budget allocation rules for the delegated social programs (including detailed (if possible) or approximate calculation of expenses and resources (both: financial and human) for proper implementation and execution of the delegated social programs at the local level by the municipality;
• Draft of the government decree/decrees on the delegation of social programs;
• Draft legal act/acts at the Ministerial and municipal levels (council's resolution, mayor's order) needed for proper implementation of the delegated social programs by municipalities;
• Draft instructions on the supervision of the delegated social programs, according to the existing legislation;
• Draft instructions for proper implementation and execution of the delegated powers by municipalities; and
• Draft a final report of the implementation and execution of the delegated social programs to the municipalities.

METHODOLOGY AND MAIN TASKS

It is expected, that within the context of the decentralisation of the social services, a working group (WG) comprised by the relevant state agencies will be established and led by the Parliament or MoIDPOTLHSA. The consultant will be working with close cooperation with the WG members. The WG will steer the process, the consultant will be following the meetings, documenting the discussions and make recommendations as necessary and as the basis for his/her work. As for the rest of this work, consultant will coordinate with UNICEF.

DURATION AND DELIVERABLES

The duration of the consultancy is 40 days, within a 6 months period. The contract might be extended based on the needs and availability of the funds. The final deliverables of the assignment are:

1. Draft modal agreement on delegating social programs;
2. Draft of the budget allocation rules (including detailed (if possible) or approximate calculation of expenses and resources (both: financial and human) for proper implementation and execution of the delegated social programs at the local level by municipalities;
3. Draft of government decree on the delegation of social programs;
4. Draft legal act/acts at the Ministerial and municipal levels (council's resolution, mayor's order) needed for proper implementation of the delegated social programs by municipalities;
5. Draft instructions on the supervision of the delegated social programs, according to the existing legislation;
6. Draft relevant (if needed, step by step) instructions for cooperation between MoIDPOTLHSA, MRDI and municipalities and instructions for implementation and execution of the delegated powers by municipalities;
7. Draft final report on the implementation and execution of the delegated social programs to the municipalities;
8. Final report of the assignment

The consultant should allocate around 25 days to complete the first set of drafts for the first program (Urgent Assistance to Families Who Have Children And Are In A Crisis). The set includes deliverables 1-8. The set should be submitted to UNICEF by 30 September 2020. Deadlines for deliverables related to other programs will be agreed in the course of the consultancy.

QUALIFICATIONS AND SKILLS REQUIRED

The consultant should meet the following requirements:

• An advanced university degree in Law, Public Administration or Administrative Law;
• Demonstrated experience supporting state agencies on delegation/decentralization of state services;
• Demonstrated experience/knowledge of decentralisation, local governance, within institutional contexts;
• Demonstrated knowledge of legislation regarding decentralisation of the state services;
• Excellent research, analytical, writing and communication skills;
• Familiarity with the work of the United Nations an asset; and
• Fluency in verbal and written Georgian and English.

CONDITIONS OF WORK

• The consultant will work under the supervision of the Social Policy Specialist in close collaboration with the Social Policy Officer
• UNICEF will provide support to secure online meetings with relevant stakeholders.
• The consultant will provide their own computer and communications equipment.
• All remuneration must be within the contract agreement.
• No work may commence unless the contract is signed by both UNICEF and the consultant

PERFORMANCE INDICATORS FOR EVALUATION OF RESULTS

• Weekly information update on work progress to the supervisor
• Timely delivery of draft documents according to the schedule agreed upon
• Satisfactory quality of the documents

Performance will be closely monitored throughout the duration of the consultancy through regular conference calls with the consultant. Performance will also be analyzed after delivery of the final report and before the payment.

REMUNERATION AND ENTITLEMENT

The consultant will be paid a daily negotiated fee against provision of deliverables and written approval by the supervisor. The first payment will cover "25 days to complete the first set of drafts for the first program (Urgent Assistance to Families Who Have Children And Are In A Crisis)" and then one final payment following the submission of the rest of deliverables.

The consultant has no entitlement for annual leave, sick leave, maternity, adoption or paternity leave or any other kinds of special leave. UNICEF will not undertake any liability for tax, duty or other contribution payable by the manager on payments made under this contract. UNICEF will not issue a statement of earnings.

HEALTH INSURANCE

UNICEF does not provide or arrange health insurance coverage for this consultancy. The consultant will be required to provide a proof of health insurance for the duration of the contract.

APPLICATION DOCUMENTS

The application must include:

• Proposal including timeline on the vision of the implementation of the assignment activities by the Consultant
• Curriculum vitae;
• Proposal of the daily consultancy fee; and
• Names and contact details (email and tel. number) of three professional references who applicant worked with in the domains of the assignment.

For every Child, you demonstrate UNICEF's values of Care, Respect, Integrity, Trust, and Accountability (CRITA) and core competencies in Communication, Working with People and Drive for Results.

View our competency framework at

http://www.unicef.org/about/employ/files/UNICEF_Competencies.pdf

UNICEF is committed to diversity and inclusion within its workforce, and encourages all candidates, irrespective of gender, nationality, religious and ethnic backgrounds, including persons living with disabilities, to apply to become a part of the organization.

UNICEF has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and UNICEF, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination. UNICEF also adheres to strict child safeguarding principles. All selected candidates will be expected to adhere to these standards and principles and will therefore undergo rigorous reference and background checks. Background checks will include the verification of academic credential(s) and employment history. Selected candidates may be required to provide additional information to conduct a background check.

Remarks:

Mobility is a condition of international professional employment with UNICEF and an underlying premise of the international civil service.

Only shortlisted candidates will be contacted and advance to the next stage of the selection process.

Individuals engaged under a consultancy or individual contract will not be considered “staff members” under the Staff Regulations and Rules of the United Nations and UNICEF’s policies and procedures, and will not be entitled to benefits provided therein (such as leave entitlements and medical insurance coverage). Their conditions of service will be governed by their contract and the General Conditions of Contracts for the Services of Consultants and Individual Contractors. Consultants and individual contractors are responsible for determining their tax liabilities and for the payment of any taxes and/or duties, in accordance with local or other applicable laws.