| Call Title: | |
| Duty Station: | Home-based with travel to beneficiary jurisdictions |
| Language: | English |
| Eligibility: | Individual consultant |
| Contract type: | Service Agreement |
| Contract Maximum Value: | 10.000 EUR |
| Application Deadline: | March 20th 2023 |
| Extended Application Deadline: | April 20th 2023 |
| Starting date: | May 20th, 2023 or ASAP |
| Ending date: | September 1st 2023 |
1. BACKGROUND
Regional Anti-corruption Initiative (RAI) is an intergovernmental regional organization comprised of nine member countries from South East Europe (SEE): Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Moldova, Montenegro, North Macedonia, Romania and Serbia; and three observers: Poland, Georgia and Slovenia.
RAI’s mission is to lead regional cooperation to support anticorruption efforts by providing a common platform for discussions through sharing knowledge and best practices. RAI acts as a regional hub through which governments of the region combine their efforts to curb corruption in the SEE.
RAI Secretariat is based in Sarajevo and it is the executive body of the Initiative. It facilitates regional cooperation and efforts in curbing corruption in SEE by building on existing actions, through better coordination of all efforts, and by relying on high-level political commitment.
RAI and the United Nations Office on Drugs and Crime (UNODC) are jointly implementing a 3-year Regional Programme titled “Southeast Europe – Together Against Corruption” (hereinafter: SEE-TAC) funded by the Austrian Development Cooperation (ADC). The Programme implementation period is November 1, 2020-October 31, 2023. SEE TAC focuses on Albania, Bosnia and Herzegovina, Kosovo*, Moldova, Montenegro, North Macedonia and Serbia as beneficiary jurisdictions.
- This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.
The overall Programme goal is to contribute to strengthened resilience of the SEE societies to corruption, harmonized by strengthening the capacity of governments, civil society organizations (CSOs), the private sector (PS) and the media to prevent and fight corruption.
To achieve the Programme goal, the Programme is designed to deliver six results (outcomes). By the end of the Programme, it is expected that targeted jurisdictions will have strengthened their corruption risk assessment (1) and corruption proofing of legislation mechanisms (2); that the regional framework for cooperation on data exchange in asset disclosure will be fully operational (3); that the general public in the region is better informed about prevention of corruption and the work of relevant entities (4); that CSOs and other relevant stakeholders will have increased and furthered their capacities, knowledge and engagement on UNCAC implementation (5); and that CSOs, SMEs Chambers of Commerce have enhanced their knowledge and cooperation in the areas of collective action and compliance (6).
Direct beneficiaries of the Programme are the representatives of national ministries and anti-corruption agencies, civil society, the private sector and relevant partner umbrella organizations, such as the SELDI Network and the UNCAC Coalition.
This assignment is directly linked to the Outcome 3: Regional framework for cooperation on data exchange in asset disclosure is fully operational, with
Output 3.1: A regional mechanism on data exchange in asset disclosure is introduced into national practice;
Output 3.2: A regional network of perspective focal points for asset disclosure is established and maintained;
Output 3.3 Baseline capacities, inclusive of IT infrastructure, for regional exchange in the verification of asset declarations determined;
Output 3.4 International Treaty promoted at regional level.
During the Phase 1 of the Regional Programme (2015-2020)1, RAI developed the text and facilitated the process of technical and political negotiations of the International Treaty on Exchange of Data for the Verification of Asset Declarations (hereafter Treaty)2, as a legal instrument to enhance the cooperation among the integrity bodies in the civil and administrative exchange of data for verification of asset declarations in line with the UNCAC (Article 43). The Treaty signing ceremony by the initial three beneficiary jurisdictions: Montenegro, North Macedonia and Serbia with the Government of Serbia as a depository, was held on March 19, 20213.
Following the initial signature by the 3 countries, there is a need for operationalization and transposition of the Treaty into the domestic legal frameworks. The transposition of the Treaty into the legal frameworks will lead to the streamlining of the formal communication and simplify the present time- consuming processes in the verification of public officials’ asset declarations through the exchange of data4.
The Technical Expert will analyse technical and infrastructural possibilities, to identify gaps and recommend solutions for addressing the existing and the future challenges for effective regional exchange of data in practice.
Namely, detailed exploration is needed in order to identify the existing gaps and obstacles in the technical capacities and infrastructure, particularly regarding data protection and confidentiality, and the technical interconnectivity among the integrity bodies and other holders of information.
1 Final External Evaluation of the Southeast Europe (SEE) Regional Programme on Strengthening the Capacity of Anti-corruption Authorities and Civil Society to Combat Corruption and Contribute to the United Nations Convention against Corruption (UNCAC) Review Process
https://www.rai-see.org/php_sets/uploads/2020/05/FINAL-External-Evaluation-Report-APRIL-2020.pdf
2 https://rai-see.org/what-we-do/regional-data-exchange-on-asset-disclosure-and-conflict-of-interest/
3 https://rai-see.org/the-regional-treaty-on-exchange-of-data-for-the-verification-of-asset-declarations-signed- today/
4 https://rai-see.org/php_sets/uploads/2021/12/Integrating-the-Treaty-into-National-Laws.pdf
2. THE PURPOSE OF THE ASSIGNMENT
The purpose of the assignment is to provide comprehensive understanding of the jurisdictions’ technical capacities for asset declarations collection and verification systems with the view of strengthening exchange of data with other jurisdictions, as well as a blueprint for the implementation of the Treaty.
The Assessment with the Blueprint is primarily expected to contribute to the efforts on further improving the exchange of data between the signatories of the Treaty and other beneficiary jurisdictions.
3. OBJECTIVES OF THE ASSIGNMENT
The first objective of the assignment is production of the assessment on technical capacities to conduct asset declaration collection, verification, and exchange of data with other jurisdictions. The assessment includes following jurisdictions: Albania, Bosnia and Herzegovina, Kosovo*, Moldova, Montenegro, North Macedonia and Serbia.
The second objective of the assignment is the development of the long term implementation plan – the Blueprint.
The Technical Expert would examine the technical capacities inclusive of available infrastructure and IT solutions to collect, verify and exchange data at a regional level. The outcomes of the assessment would form a base for development of a Blueprint. The Blueprint will serve as a guide for Treaty implementation.
The Technical Expert will work closely with the Legal Expert and in coordination with the RAI Secretariat, in performing the activities and will jointly produce the Assessment with the Blueprint.
The Legal Expert will provide a comprehensive assessment of the jurisdictions legal frameworks for asset declarations collection and verification systems with the view of capacity for exchange of data with other jurisdictions. The Legal Expert will develop conclusions and recommendations towards strengthening and aligning the existing frameworks.
The objectives of the assignment will be integrated and presented in one document. The document tentative structure would entail: regional outlook, analysis per respective jurisdiction with conclusions and recommendations, and a blueprint narrative and matrix. The document structure would be subject to methodology to be developed and proposed by the Technical Expert in cooperation with Legal Expert.
The document needs to be aligned with the relevant international standards and the GRECO recommendations stemming from the Fourth Round and Fifth Round Evaluation in relation to the declaration of assets in the beneficiary states.
RAI Secretariat will publish a call for applications for the Legal Expert parallel to this Call.
Main beneficiaries of the Assessment with the Blueprint will be RAI Secretariat and Programme beneficiary jurisdictions.
4. METHODOLOGY
Following an initial consultation with RAI Secretariat, the Technical Expert would foremostly produce an inception report. The inception report will contain, proposed methodology, assessment outline, timeline of activities and a proposal of the Blueprint structure. Following approval of the inception report, the Technical Expert will conduct desk research, perform field missions to the beneficiaries’ capitals, to collect necessary information.
The Technical Expert will produce an Assessment with Blueprint with the following sections: executive summary regional outlook, analysis per respective jurisdiction with conclusions and recommendations and a blueprint narrative and matrix. The proposed structure of the document is tentative and is subject of approval.
Experts (Technical and Legal) will jointly present the conclusions and recommendations to the relevant public institutions in line with the approved Methodology. The process as well as products deriving from this call must be gender mainstreamed.
More information in attachment
