TERMS OF REFERENCE FOR CONSULTING SERVICES SUPPORT FOR THE ROAD MAP ON CIVIL SOCIETY POLICY OF THE GOVERNMENT OF ALBANIA

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1 TERMS OF REFERENCE FOR CONSULTING SERVICES SUPPORT FOR THE ROAD MAP ON CIVIL SOCIETY POLICY OF THE GOVERNMENT OF ALBANIA Section 1 Background The Government of Albania is committed to achieve the European integration of the country, which is considered of a paramount importance for the development of reforms and democracy. The country has progressed in the process related to the European Integration, while being in the eve of receiving the status of the candidate country for EU membership, as a crucial step for further approaching EU. While stepping further in the EU integration of the country, the Government of Albania considers it crucial the involvement and the participation of the Civil Society (CS) in the process. In this context, the Government of Albania is committed to further intensify the dialog and the partnership with CS, building up an important momentum for the enhancement of the citizens participation in the EU integration. The Albanian government policy with regard to civil society consists of supporting and strengthening civil society, as well as establishing an institutional dialogue with them, in order to increase the role and the participation of the civil society in the policy making process and the strengthening of the democracy in the country. To this end, there have been undertaken some initiatives and mechanisms related to the enhancement of the Government Civil Society relationship, as follows: The Fund for Supporting the Civil Society a financial mechanism for supporting the NGO sector that has been allocated as part of the national budget since 2008 (made functional from 2010 on, by the Agency for Supporting the Civil Society Organizations). The fund allocated for from the state budget amounts at 100 million Lek ( USD) in average per year. The establishing of the Agency for the Support of the Civil Society in 2009 (ASCS, made functional in 2010), by the Law No.10093, On the organization and the functioning of the Agency for the Support of Civil Society, dated Also, there has been approved the Decision of the Council of Ministers Nr.768, dated On the approval of procedures and rules for the eligibility and selection of the members of the Supervisory Board of the Agency for the Support of the Civil Society. The ASCS is responsible for administrating the Fund for Supporting the Civil Society. The Supervisory Board of this Agency, which members are representatives coming from both, civil society organizations and central administrative institutions, is responsible for distributing the grants, according to procedures approved by the board. The drafting of the Civil Society Charter, as a political document of cooperation between the state and the civil society, initiated in The draft Charter has been consulted by the civil society organizations in , but it hasn t been adopted by the decision making level (nor Parliament, or Council of Ministers). The Charter consists on the following chapters: (i) definitions of state, governance and civil society; (ii) the general principles of sustainable

2 cooperation; (iii) roads to achieve financial cooperation and support; (iv) the implementation of CS Charter. Actually, the Albanian Government is committed to finalize this initiative and adopt the draft Charter in the Parliament. The drafting of the Law On Notice and Public Consultations in 2013, which has ben initiated as part of the global initiative Open Government Partnership. The Law will serve to increase transparency in the governance and the public participation in the policy making process. This initiative goes in line with the recommendations of the European Commission s Progress Report for 2013, which stated: Transparency of the legislative process and involvement of civil society and interest groups increased. Albania needs to focus its efforts on a more inclusive consultation process. The draft law On Notice and Public Consultation is actually at the public consultation stage, and it is expected to be adopted by the Parliament within the first quarter of The establishing of the sector on Civil Society within the organogram of the Ministry of European Integration in November This sector is responsible for communicating EU integration to the CS in Albania, coordinating CS participation in the processes related to the European Integration, as well as monitoring of the IPA funding for civil society in Albania. The national conference organized by the CSOs in December 2013 and supported by the Prime Minister s Office, feed the debate on creating a favorable climate for the sustainable cooperation between GoA and CS sector, as well as for the operation of CSO. The Conference concluded with the CSO s Declaration, which consist in some important policy recommendations on the instruments related to the enhancement of the GoA CS partnership, such as: (i) Establishing of the National Advisory Committee on the Cooperation between the Government and the Civil Society; (ii) Adoption of the draft Charter; (iii) Improvement of the legal basis on the Agency for the Support of Civil Society; (iv) Concrete measures on the improvement of the regulatory and legislative ground for the operation of the CSO. The ad-hoc Working Group on Civil Society leaded by the Prime Minister s Office on mainstreaming the instruments and initiatives that stimulates a favorable environment for the CSOs. Participants of this Working Group are the Advisor of the Prime Minister on Legislative issues, the Vice General Secretary of the Council of Ministers, the Vice Minister of European Integration, staff of the Department for Development Programming, Financing and Foreign Aid at PMO, representative of EU Delegation in charge for civil society sector and TACSO program director. However, the overall framework of the collaboration of the Government with the CSO need to be better shaped, in order to create synergy among existing initiatives and to gain momentum for further enhancing this process, which goes in the benefit of the democratization and EU integration of the country. Actual challenges have been defined also in the Progress Report for 2013 of the European Commission, that states: Cooperation between state institutions and civil society remains weak, particularly at municipal level. One of the key challenges for the Albanian authorities is to make

3 consultation of civil society more systematic, transparent and timely. This applies to policy development, draft legislation and implementation. The capacity of these organisations to participate in public decision-making needs to be strengthened, particularly in rural areas. Local government lacks adequate capacity to ensure proper cooperation and funding of civil society. Further substantial efforts are required to develop community-based services. Also, the DG Enlargement of the European Commission has issued The Guidelines for EU support to civil society in enlargement countries, that refers to the enlargement agenda for civil society. The documents highlights that the enlargement policy will be focused in the enabling and stimulating of the participatory democracy, through achieving a conducive environment for the CSOs activities and supporting capacities of CSOs. The Guidelines emphasises the need to a monitoring and evaluation system at different levels with respect to the assistance provided. In that respect, it provides also a proposed monitoring and evaluation results framework for guiding the countries aiming the membership in EU. Based on the above mentioned, the Government of Albania would like to undertake further steps in a more strategic and coherent manner, in order to create the necessary environment and synergy for establishing policy mechanisms. In this respect, the preparation of a Road Map on policy steps and mechanisms will better orient the process. The Road Map shall include actions that need to be undertaken and harmonized, as well as mechanisms to be implemented, by both sides Albanian Government and Civil Society. The Road Map shall clarify the roles of all mechanisms in place, or necessary changes to the existing legislation, in order to harmonize the overall policy picture. In that respect, a detailed profile on each proposed mechanism will be part of the road map, in order to identify roles and functions, as well as mission and goals. Section 2 Objectives of the assignment and reporting arrangements The overall objective of the assignment is to enable Albanian institutions to gain momentum and undertake an efficient decision-making with respect to civil society mechanisms, which will ensure the ground for a participatory governance and stronger democracy in Albania. More specifically the objective of the expertise will aim to support the Working Group on Civil Society and the Department of Development Programming, Financing and Foreign Aid (as secretariat of this WG), to finalize the road map on civil society policy of the Albanian Government. Section 3: Reporting arrangements The expertise that will assist the Government of Albania on preparing the Road Map on Civil Society Policy will be hired by the TACSO project and will consist on one international expert and one national expert. The experts will report to the Vice Secretary General of the Council of Ministers for the overall assignment. In addition, the experts will need to work closely with all stakeholders involved: the Advisor of the Prime Minister on Public Law; Working Group on Civil Society; the Ministries of Integration, Finance, Innovation and Public Administration, as well as other line ministries; with the Agency on Supporting the Civil Society Organizations and with the Agency Board; with the TASCO team; 1

4 donor community involved in the development of CS; CSOs in Tirana and in the regions. During the assignment the expert will have a series of consultation meetings with all stakeholders and the widest representation of civil society organizations. Meetings with CSOs (at least three) will be organized also outside the capital city. For day to day activities the experts will work closely with the DPPFFA staff and TACSO staff, and report directly to the Vice Secretary General/DPFFA director. Section 4 - Scope of work and Activities (i) Scope of work The espertise will be extende in the period July September The scope of work under this expertise will comprise: Desktop review ( July working days) Over this period, the international expert will conduct a desktop review in order to better understand the existing situation with respect to mechanisms and initiatives related to the GoA- CS cooperation. The DPFFA has prepared a reading list, which will comprise the materials necessary to be considered by the consultation at this stage. Field mission (July working days for each expert) The experts will conduct a field mission in order to understand the situation on the ground. The expert shall interview all the stakeholders involved in the process, especially the Advisor of the Prime Minister; ad-hoc Working Group on Civil Society; the Ministries of Integration, Finance, Innovation and Public Administration, as well as other line ministries; the Director of the Agency on Supporting the Civil Society Organizations and the Agency Board members; TACSO project staff; donors involved in activities on CS sector. Consultation meetings with CSOs will also be part of the field activities. The mission agenda will be prepared and coordinated by the national expert, in collaboration with DPFFA, WG members, and TACSO staff. The TACSO office in collaboration with DPPFA staff will arrange the agenda activities. Drafting and finalization of the Road Map on Civil Society Policy (July - September days for the IE and 5 days for the NE) The experts shall prepare the draft of the Road Map on Civil Society Policy, taking into consideration the inputs of the two first stages. The Road Map will comprise necessary steps and actions that need to be combined, in order to enhance collaboration between GoA and CSO. The Road Map shall include a detailed profile (functions and purpose) of each mechanism that is proposed to be established and/or implemented. The Road Map shall include also recommendations and necessary steps for the enhancement of the Civil Society in the country. The suggested steps should include the perspective of a strengthened civil society in Albania, its active involvement in the decision making processes, making use of existing and suggested mechanisms (Sector Working Groups, better organization of CS etc). The experts will also describe in detail the mission, vision,

5 roles and functions of structure to be established by the Government for enhancing relationship with CS. The draft will be circulated for comments among WG members, as well as other actors. The expert will include all comments and prepare a final draft of the Road Map. Launching the Road Map on Civil Society Policy (August days for each expert) The final version of the Road Map on Civil Society Policy shall be launched and consulted in an event organized by TACSO project, with the participation of all interested stakeholders. Possible comments and suggestions will be reflected by the experts in the last consulted version. Assignment Report (September days for the IE) The experts will prepare a report as an output for the assignment activities (interviews, consultation meetings with the stakeholders), including findings and recommendations related to this assignment. a) Activities The following set of activities is expected to be carried out by the international expert: - Review all necessary data and materials related to the CS environment in Albania. This will include also necessary legislation, reports, as well as other documents provided by the beneficiary; - Consult draft and final road map with all stakeholders including a wide representation of civil society organizations in Tirana and outside Tirana - Provide a draft Road Map on the CS policy in Albania and incorporate comments and recommendations of the Working Group. The Road Map will include detailed profile of suggested mechanisms to be put in place; - Presentation of the final draft of the Road Map to all relevant stakeholders and incorporation of the comments and suggestions; - Finalize the Road Map on the CS policy in Albania, with all comments of stakeholders reflected; - Prepare the assignment report (interviews, consultation meetings with the stakeholders), including findings and recommendations related to this assignment. b) The following set of activities is expected to be carried out by the national expert: - Collaborate with the DPFFA to prepare the agenda of the mission; develop meetings with all relevant stakeholders, as part of the experts team. - Collaborate with the international expert in drafting the Road Map on the CS policy in Albania and incorporate comments and recommendations of the Working Group. The Road Map will include detailed profile of suggested mechanisms to be put in place; - Collaborate with the international expert in finalizing the Road Map on the CS policy in Albania, with all comments of stakeholders reflected; - Collaborate with the DPFFA and the TACSO Office in organizing the consultation event.

6 Section 5 Plan of activities Assignment Activities July August September w3 w4 w1 w2 w3 W4 W1 W2 Desktop review 3 IEd Field mission (meetings and interviews with all staeholders) 5 IEd + 5 Ned Drafting of the Road Map on Civil Society Policy 8IEd +3NEd Launching event with all stakeholders 2IEd+ 2NEd Revision and finalization of the Road Map 2 IEd Preparation of final report IEd = Internatinal Expert's day NEd = National Expert's day Section 6 Output and deliverables The experts are required to deliver following outputs: Report on assignment activities, which includes preliminary findings from reflections from the desktop review and interviews conducted, consultation meetings and activities with the stakeholders.. Draft of the Road Map on CS Policy in Albania, which includes also detailed profile of suggested mechanism to be put in place (function, mission, vision, role). Prepared Presentation on the draft of the Road Map on CS Policy in Albania, that will be part of the launching event. Final version of the Road Map on CS Policy in Albania, which includes all comments of stakeholders reflected. Section 7 Expertise Qualifications International Expert The expert (International) will be hired for 20 working days. He/she should have the following qualifications: Post-graduate degree in public administration, political science, law, economics or a related area.

7 Over 10 years of experience in leading positions within the public administration structures dealing with policy making on civil society policies and mechanisms; Senior Government experience in public governance, with a particular emphasis on CS policy and strategic planning; Experience with similar assignments in developing countries with similar heritage (East/Central Europe and the CIS). Previous experience in Albania or sub-region is an asset; Strong inter-personal and communications (oral and written) skills, efficiency in a multi-tasking and multi-cultural environment; Ability to work and adapt to a dynamic working environment, judgment, results-orientation, and ability to perform under pressure; Full working knowledge of English, including excellent drafting and presentation skills. National Expert The expert (national) will be hired for 10 working days. He/she should have the following qualifications: Senior expertise in the NGO sector of above 10 years, including involvement with CSOs, and/or experience with international organizations or programs/projects dealing with structures related to the CS mechanisms and environment in Albania; Strong experience with similar assignments related to studies/assessments/policies related to the development of civil society sector; Strong inter-personal and communications (oral and written) skills, efficiency in a multi-tasking and multi-cultural environment; Ability to work and adapt to a dynamic working environment, judgment, results-orientation, and ability to perform under pressure; Full working knowledge of English, including excellent drafting and presentation skills. Section 8 Time Frames of the Contract The expertise will be implemented over the period July September 2014.