Job: CONSULTANT TO SUPPORT GOVERNMENT OF MONTENEGRO IN PROGRAMMING IPA II SUPPORT FOR JUSTICE AND HOME AFFAIRS SECTOR

Location :
Home based and Podgorica, MONTENEGRO
Application Deadline :
28-Nov-13
Type of Contract :
Individual Contract
Post Level :
International Consultant
Languages Required :
English
Starting Date : (date when the selected candidate is expected to start)
02-Dec-2013
Duration of Initial Contract :
12 months
Expected Duration of Assignment :
20 days within period from December 1st, 2013 – October 1st, 2014
Background
On its path toward European Union membership, Montenegro makes important steps. The negotiations on Accession to EU were opened on 29th of June 2012, and so far Montenegro completed screening process and successfully opened and temporary closed two negotiation Chapters: 25 – Science and Research and 26 – Education and Culture. In terms of EU financial assistance, 235.7 million euros were allocated to Montenegro within the framework of Instrument for Pre-accession Assistance (IPA) under the multi-annual financial perspective of EU for the period 2007-2013. The implementation of IPA programmes is currently managed by the EU Delegation in Podgorica. Montenegro is preparing the national authorities for the decentralised implementation of IPA programmes and it has already submitted application packages for the conferral of management for IPA Components I-IV. New EU multi-annual financial framework for 2014-2020 will be defined by the end of the year. Following the experience with on-going IPA, within this financial framework, the new Instrument for Pre-accession Assistance - IPA II will be deployed. As defined in art 2 of the Draft IPA II regulation , the financial assistance shall pursue the following specific objectives: (a) support for political reforms, (b) support for economic, social and territorial development, (c) strengthening the ability of the beneficiary country to fulfill the obligations stemming from membership in the EU by supporting progressive alignment with the EU acquis, (d) strengthening regional integration and territorial cooperation.
In this respect, IPA II should be more coherent, strategic, efficient, better targeted, more result oriented, and based on a sector wide approach aiming at improving the readiness of Montenegro for EU membership. Based on a strategic and sector wide approach, including multi-annually targeted intervention programmes, IPA II should support EU accession process through enhancing economic and social development in Montenegro, underpinning a smart, sustainable and inclusive growth agenda in line with the Europe 2020 strategy and to align progressively with the Copenhagen criteria. Under this new framework, stronger cooperation and coordination among the institutions is required and the programming process should ensure coherence between the EU financial assistance and national resources supporting the implementation of the pre-accession strategy.
This indicates that one of a major innovation in the IPA II instrument is focused at strengthening a sector approach in the utilization of future assistance. The sector approach under ΙΡA II is defined as a process which aims to broaden government and national ownership over public sector policy and decisions on resource allocation within the sector, thereby increasing the coherence between sector policy, government spending and the achievement of results.
IPA II includes support through the following policy areas: Transition process and Institution building; Regional Development; Employment, Social policies and Human Resources development; Agriculture and Rural Development; and Regional and Territorial Cooperation. In order to help programming process within the beneficiary countries, European Commission prepares a comprehensive Common Strategic Framework (CSF) and, in even stronger cooperation with beneficiary countries, multi-annual Country (or multi-country) Strategy Papers (CSPs) which should reflect the priorities in each policy area per country and/or on multi-country level for period 2014-2020. The Country Strategy Paper will be articulated around sectors grouped per policy area, and in the latter phase of programming process the Sector Programmes will cover the translation of the priorities and objectives identified in the CSP, at the level of sector, into specific programme/measures/actions/projects.
The fundamentally important national strategic documents in Montenegro for the period until 2020 are the National Programme for Accession, as a basic strategic document for harmonization of national legislation with EU acquis, which will be prepared by the end of 2013; the already adopted Action plans for negotiations chapters 23 and 24 and other action plans for particular negotiation chapters; the Development Directions of Montenegro for 2013-2016 and Pre-accession Economic Programme 2013-2016 (PEP). In addition, there are number of sectorial strategic documents which are relevant for specific sectors.
The process of drafting CSF and Country Strategy papers has already started and is built on national strategies in beneficiary countries for the next 7-year period.
The drafted Country Strategy Paper for Montenegro, as the main strategic multi-annual programming document for period 2014-2020, predicts design of the following sectors:
  • 1) Justice, Home Affairs and Fundamental Rights;
  • 2) Public Administration Reform;
  • 3) Human resources Development;
  • 4) Private Sector Development, Competitiveness and Innovation;
  • 5) Agriculture and Rural Development;
  • 6) Environment and Climate Changes;
  • 7) Transport;
  • 8) Energy; and
  • 9) Cross-border Cooperation, which will be part of multi-country strategy paper.
Very important sector in new programming process is Justice and Home Affairs and Fundamental Rights (JHA&FR). This sector covers two accession negotiation chapters: Chapter 23: Judiciary and Fundamental rights, and Chapter 24: Justice Freedom and Security. Regarding future programming of IPA actions within this Sector the already adopted Action plans for negotiations chapters 23 and 24, as well as negotiation positions of the Government of Montenegro for these two chapters have particular importance. The preparation of JHA&FR Sector support programme for IPA II assistance will include result and activities planned in some other strategic documents such are: Strategy of Justice Reform (which is under development); Strategy to combat corruption and organized crime 2010-2014; Strategy for the prevention and suppression of terrorism, money laundering and terrorism financing 2010-2014; Strategy for Combating Trafficking in Human Beings 2012 – 2018; Strategy for the reintegration of returned persons on the basis of the Agreement on readmission 2011-2015; Strategy for Resolving the issues of refugees and internally displaced persons in Montenegro, with special reference to the area of Konik 2011-2015; Strategy for integration of persons with disabilities 2008-2016; Strategy for the minority policy 2008 - 2018; Strategy against Domestic Violence 2011-2015; Action plan for achieving gender equality 2013-2017; Strategy of improving the quality of life for LGBT people 2013 – 2018; Integrated Border Management Strategy 2013-2016; National Security Strategy.
These documents as well as other Government's plans and needs will be basis for further development of JHA&FR sector. Designing of this sector support programme within IPA II will include key objectives and measures, already defined in Action plans for Chapters 23 and 24, that need to be implemented for the purpose of establishing the independent judiciary; impartiality, accountability, professionalism, and strengthened competences of judges and public prosecutors; successful decline of the level of corruption and organized crime within Montenegrin society, as well as improved quality of implementation of fundamental rights and improved quality of life of all minority and vulnerable groups.
JHA&FR sector is comprehensive field of work with number of included relevant stakeholders, from the Ministries of Justice, Interior and Human and Minority Rights to the State Prosecutor office, courts on all level, Police Department, Customs Administration, Directorate for Anticorruption, and Bureau for the care of Refugees etc.
For IPA II programming this sector can be divided into following five main subsectors: Judiciary, Fight against corruption, Fundamental rights, Migration, Asylum, Visa policy, External Border and Schengen, Fight against organized crime.
Judiciary
A new strategy for judicial reform for the period 2012-2018, which is in the process of development, should ensure the strengthening of the independence, efficiency and professionalism of the judiciary. The main objectives of judicial reform are: strengthening the independence and accountability of the judiciary as well as increasing the efficiency and professionalism within the judicial system in Montenegro. Strategic documents in this subsector already recognized the needs for further support: development of a recruitment and promotion system for judges and prosecutors based on the of standards of performance and regular assessments for judges and their permanent horizontal transfer; rationalization of the judicial network; strengthening of the enforcement system; strengthening of the Judicial Training Centre; development of a reliable statistical system.
Fight against corruption
Montenegro needs to strengthen capacities for the implemetnation of the further improved legal and institutional framework for prevention and suppression of corruption and preventiomn of conflict of interess. Montenegro also needs to effectively implement free access to information rules and strengthen the protection of whistle-blowers. Capacities and expertise need to be strengthened in particular in the area of financial investigation and in the area of seizure, confiscation, and management of proceeds of crime. The initially recognised needs for further support within this subsector are strengthening and revising the institutional framework for prevention of corruption and conflict of interest as well as for controlling asset declarations of public officials. Beside the fields for further support are control of political party funding, free access to information, protection of whistle-blowers, as well as inter-agency cooperation in area of financial investigation, seizure, confiscation, and management of proceeds of crime.
Fundamental rights
The basic objectives of IPA support in this filed should help Montenegro in improvement of the legal and institutional framework for the comprehensive protection of fundamental rights (civil and political rights as well as social, economic and cultural ones) and anti-discrimination. More specifically, already recognized needs are in areas of the enforcement of fundamental rights, discrimination against some particular vulnerable groups (such are Roma, IDPs, LGBT population, women and persons with disabilities), gender equality, LGBT rights, Trade unions rights, personal data protection, the penitentiary system, mental health.
Migration, Asylum, Visa policy, External Border and Schengen
The basic legal and institutional framework in these areas is in place, but Montenegro need to achieve full alignment with EU and international standards in both asylum and migration. Alignment with the EU acquis in the field of visa and borders/Schengen will be a major technical and financial challenge and IPA II should provide additional support in these fields. A comprehensive Schengen Action Plan, covering visa policy and Schengen acquis alignment, as well as new strategy and an action plan for Integrated Border Management need to be developed and further implemented. All that will require substantial investments to modernize equipment and facilities at the border.
Fight against organised crime
Within the framework of organized crime the key challenges in Montenegro are the fight against drug smuggling, trafficking in human beings, money-laundering. The existing legal framework requires changes to reach the full alignment with the EU and international standards in this area. Also capacity of the authorities to effectively counter organized crime needs to be improved. These efforts contain modernizing of the technical equipment, including IT databases, but also improved quality human resources reinforce inter-institutional cooperation.
In order to be capable to develop high quality support programmes in various sectors defined in CSP, NIPAC office as well as SPOs and their units in line ministries will need additional support. As a consequence, the Capacity Development Programme (CDP) is implementing project which answers on some of the most pressing challenges regarding the development of capacities to ensure adequate and timely preparations of the Country Strategic Paper, and annual/multi-annual sector programmes and their measures, actions and/or projects. As a part of this project CDP will engage international expert for support the Government in programming JHA&FR sector support programme within IPA II.
Duties and Responsibilities
Objectives of the assignment: The objective of the assignment is to support NIPAC office and other structure of the Government of Montenegro in development of Sector support programme/measures/actions/projects for Justice, Home Affairs and Fundamental Rights.
Job content and expected results: During his/her assignment in Montenegro, the consultant will have a number of meetings with representatives of Ministry of Interior, Ministry of Justice, and other relevant stakeholders involved in preparation of the JHA&FR sector support programme, as well as with MFAEI, Delegation of European Commission and Capacity Development Programme.
In order to be better prepared for work, consultant will receive in advance all relevant documents related to his/her engagement and tasks, such as: drafted Country Strategy Paper for Montenegro, Action plans for Chapters 23 and 24, as well as other relevant sector strategies in areas of Justice, Home Affairs and Fundamental rights.
The international consultant will perform the:
  • Review the relevant strategic documents in field of JHA&FR, which will be sent to her/him prior the first visit to Montenegro in order to assess their suitability for sector wide approach in IPA II programming;
  • Conduct needs assessment and analyses the readiness of Montenegrin structures to apply sector wide approach in area of Justice, Home Affairs and Fundamental Rights;
  • Review second draft of CSP and provide relevant inputs for its improvement in area of JHA&FR;
  • Assist JHA&FR sector working group in understanding and defining correlation between CSP, policy area, sectors, measurers and indicators applying holistic approach to the sector but also providing quality inputs for each of the programming segment and development of relevant documents;
  • Organize coaching and ‘on the job training' on IPA II programming for staff in beneficiary institutions which participate in programming process for JHA&FR sector;
  • Coordinate the work of engaged short term experts for specific tasks in field of JHA&FR sector support programme/measures/actions/projects development if needed;
  • Draft JHA&FR sector support programme/measures/actions/projects;
  • Prepare a report on completed tasks at the end of his/her engagement.
Timing and reporting: The consultant will work under direct supervision of CDP Programme manager. She/He will be obligated to provide short (4-6 pages) mission reports on her/his deliverables during the assignment, and final report (up to 15 pages) at the end of engagement.
Time duration and travel: The assignments of the consultant will be 20 days from December 1st, 2013 – October 1st, 2014. The consultant will be obligated to make at least four (4) missions up to five (5) working days (per mission) to Montenegro.
Competencies
  • Demonstrates integrity by modeling 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 social sciences, Management, Strategic Planning and Institutional Development or any relevant field.
Experience:
  • At least ten (10) years of professional experience;
  • Proven experience in programming and implementation of EU structural funds and pre-accession funds will be an advantage;
  • Proven experience in developing strategic and project documents for EU funded projects in pre-accession countries;
  • Experience in applying sector wide approach in programming of EU funds;
  • Expertise on Decentralized Management (DM) environment and development of DM in candidate countries for EU membership will be an advantage;
  • Proven experience in providing training and coaching to government officials and public servants;
  • Relevant experience from working within an IPA contracting authority or in an EU Delegation in one of the new EU member states will be an advantage;
  • Superior writing skills, clear and persuasive and experienced enough to prepare a comprehensive guidelines;
  • Working knowledge of PC-based word processing and e-mail technology.
Language:
  • Excellent written and spoken English;
  • Basic knowledge of local language would be distinctive advantage.
Application Process:
Interested applicants are requested to submit their applications by November 27th, 2013 by using the Apply now button. The application should contain a duly completed Personal History Form (P11) that can be downloaded from http://www.me.undp.org/content/montenegro/en/home/operations/jobs.html . 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 and travel envisaged in the section "Duties and Responsibilities".
UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.

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