Technical Adviser for Public Administration Reform, Serbia
The revised Public Administration Reform Strategy of Kosovo, adopted by the Government in 2010, outlines objectives of public administration reform at the central level and identifies mechanisms for monitoring and implementation of the Strategy in a mid-term period of 2010-2013.The revised strategy contains a total of twelve (12) objectives, among which the third is Ethics and Transparency.
The PAR Action plan 2012-2014 has further developed tasks on the field of ethics and transparency. Sub-objective 3.3. is "Drafting normative acts and periodic public opinion survey on ethics and transparency in public administration":
3.3.1. Assessment of implementation of anti corruption and integrity legislation: Existing legislation, amended (mandatory integrity plans for all public institutions, regulating lobbying and lobbyists, regulating whistle blowing protection); Guidelines and methodology for integrity plans, drafted.
3.3.2 Assessment of the quality of implementation of anti corruption and integrity legislation: Assessments conducted in the following fields:
Conflict of interest; Incompatibility of functions; Restriction on business; Assets declaration, Depolitization, and reports drafted. Limiting and preventing corruption and control of incompatibility of functions with other functions, control over the property and the acceptance of gifts officers, preventing and correcting conflicts of interest and corrupt practices are regulated with different laws. Recently two laws modernized the legislation on this field:
Law no. 04/L-051 on Prevention of Conflict of Interest in Discharge of Public Functions, and Law no. 04/L-050 on Declaration, Origin and Control of Property of Senior Public Officials and on Declaration, Origin and Control of Gifts of all Public Officials, both of 14.09.2011 and In addition there are two more laws of 2010 as follows: Law No. 03/L-111 on Rights and Responsibilities of the deputy, and Law No. 03/L-159 on anti-corruption agency.
But there are some fields, that need to be regulated as compulsory by law, as follows:
Providing, planning and evaluation of integrity at all levels to promote and enhance the ability of individuals and institutions to take responsibility for the development of integrity and thus for the prevention and detection of corruption; “ integrity" is the expected performance and accountability of individuals and organizations in preventing and eliminating risks to the authority, function, power or other jurisdiction in contravention of the law, legally permissible objectives and codes of ethics; Setting the legal conditions for carrying out lobbying activities in the operation of the public sector, to ensure transparency of activities in a manner that will support good, restrict and punish unethical lobbying practices; Whistle-blowers' protection. Special integrity plans shall be introduced to achieve a common goal - to strengthen the integrity of employees and through them strengthen the integrity of the institution; in order to achieve that every employee sees its role in strengthening its integrity and the integrity of the institution, and thus the integrity of the country. The law should state that state administration bodies and municipalities and other entities of public sector must formulate and adopt a plan of integrity. Plan of integrity should state in particular:
Assessment of exposure to corruption institutions; Names and jobs of those responsible for designing integrity plans; A description of the decision-making and how to assess risk exposure of corruption and suggestions for improvements to the integrity; Measures for the timely detection, prevention and elimination of risk for corruption; and Other parts of the plan, as defined in the guidelines for the formulation of plans of integrity and evaluation of integrity.
Description of Responsibilities : Objectives of the Assignment:
The first main objective is that the assessment of the quality and the level of implementation of the anti corruption and integrity legislation in Kosovo will be done for the purpose that existing legislation would be better implemented and improved. Assessments should take place in the following fields:
Conflict of interest; Incompatibility of functions; Restriction on business; Assets declaration; Depolitization; Mandatory integrity plans for all public institutions, regulating lobbying and lobbyists, regulating whistle blowing protection.
The second main objective is that the plan of integrity in each state administration bodies and municipalities and other entities of public sector would be prepared in accordance with the guidelines, training and methodology given.
Public institutions shall receive:
Guidelines; Methodology; and Training programmes for trainers of the responsible for preparation of integrity plans.
The task of the state administration bodies and municipalities and other entities of public sector should be to prepare a plan of integrity tailored to the nature of their organization, activities, external and internal environment, mandate, mission and objectives, which consists of assessment of exposure to corruption, corruption risks and measures to eliminate or reduce these risks.
Scope of work:
Under the overall supervision of the UNDP Governance Programme Coordinator and in close cooperation with Director of PAR Management Department in Ministry of Public and UNDP CTA on PAR, the experts will fulfil the following objectives:
Drafting Assessment analysis of the quality and of the implementation of anti corrupt and integrity legislation and draft necessary amendments to the legislation; the assessment will refer to the following fields: integrity plans for all state administration bodies and municipalities and other entities of public sector, avoiding the conflict of interest in public administration (incompatibility of functions and exceptions), restrictions on business and temporary prohibition on business after leaving office for public officials and civil servants, duty of asset declarations and duty to notify changes in financial position, protection of whistleblowers, lobbying and lobbyist prohibition and restrictions on civil servants and public officials receiving gifts, mobbing and sexual harassment in public administration, depolitization of civil servants; 1 expert, 30 days; 20 days are home based days, 10 days are Pristina based. Drafting of the necessary studies for the preparation of integrity plans: guidelines for preparation of integrity plans, methodology for integrity plans, the samples of integrity plans of some state administration bodies and municipalities and other entities of public sector and start up the process of integrity planning; 1 expert, 60 days, 40 days are home based 20 days are Pristina based.
Expected Results:
The expected results of the project are: 1. Assessment of the quality and implementation of anti corrupt and integrity legislation and draft necessary amendments the legislation; the assessment will refer to the following fields:
Mandatory integrity plans for all public institutions; Avoiding the conflict of interest in public administration (incompatibility of functions and exceptions); Restrictions on business and temporary prohibition on business after leaving office for public officials and civil servants; Duty of asset declarations and duty to notify changes in financial position; Protection of whistleblowers; Lobbying and lobbyist; Prohibition and restrictions on civil servants and public officials receiving gifts; Mobbing and sexual harassment in public administration; Depoliticisation of civil servants. 2.Drafting of the necessary expert basis for the preparation of integrity plans:
Guidelines for preparation of integrity plans; Methodology for integrity plans. 3. Preparation of the samples of integrity plans of some state administration bodies and municipalities and other entities of public sector.
Providing advice on strengthening the integrity and preventing and eliminating risks of corruption in public sector.
Preparation of the expert basis (programs and papers) and performance of training for trainers - persons who are responsible for the design of the institutional integrity plan and for strengthening the integrity through training programs. Training for trainers will be performed on the following fields:
Awareness of civil servants on integrity, ethics and transparency in public administration, guidelines and methodology for integrity plans; Conflict of interest in public administration, incompatibility of functions, restrictions on business, duty of asset declarations; Protection of whistleblowers; Lobbying and lobbyist; Prohibition of and restrictions on civil servants and public officials receiving gifts; Mobbing and sexual harassment in public administration.
Competencies : Professionalism:
Demonstrates sensitivity, tact and diplomacy. Respect for Diversity:
Is culturally sensitive and demonstrates appreciation for different cultures and practices. Team work:
Flexible and prepared to pursue goals through teamwork; Capability to integrate into an existing multicultural team; Capability to work in coordination and strategically with existing project team and Project Manager. Planning and organizing:
Candidate should be able to organize work effectively ensuring goals and targets are met on time. Accountability: Willing to take responsibility, act professionally at all times, and make sure tasks are fully completed. Creativity: Must use creativity to adapt work plan to timeframe and to local conditions.
Qualifications : Education:
Completed Master Degree in Public Administration, Political Sciences or Law. Experience:
More than 10 years of working experience in the field of public administration, building relations and developing relationships with organizations and the general public; Long working experience in building relations and communication with parties, interest groups and local and international institutions; Sound knowledge on European legislation and the work of international organizations which support the improvement of the management and governance. Language Requirements:
Fluent knowledge of English language, knowledge of Albanian and/or Serbian is highly desirable.
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