Terms of reference – Consultant for analysis on legal and policy framework on access to basic (social and economic) rights to foreigners

Terms of reference – ToR

Consultant for analysis on legal and policy framework on access to basic (social and economic) rights to foreigners

Background information

The Macedonian Young Lawyers Association – MYLA in partnership with the Group484, Serbia, Belgrade Center for Human Rights (BCHR), Serbia, Albanian Helsinki Committee (AHC), Albania, Civil rights program Kosovo (CRP/K), Kosovo, Your rights – Vasa Prava (VP), Bosnia and Hercegovina, Legal Center (LC) Montenegro as part of the regional network Balkan Refugee and Migration Council (BRMC) and Danish Refugee Council (DRC), office in Serbia  is implementing the regional project Inclusion of FOreigners in WB – accesS To social and Economic Rights (FOSTER) supported from the European Union.

In the EU reports, the situation in the Western Balkan countries is still marked with significant shortcomings in fulfilling the key political criteria. The region is in early stage of preparation of freedom of movement of workers and access to the labor market. With the Open Balkan initiative and the Berlin Process, it is expected that migration movements within the region will intensify. But although the institutional and legislative frameworks for the protection and promotion of human rights and freedoms and protection against discrimination are developed and mostly aligned with the EU legislation, in practice, ensuring equal opportunities, especially for foreigners and marginalized groups, remains challenging.

The action will strengthen the capacities of the CSOs and independent human rights institutions (IHRI) to contribute in policymaking, promotion and protection of human rights of foreigners and their inclusion into sustainable social and economic development of the WB region. CSOs will be empowered with knowledge and skills in developing and implementation national and regional projects and advocacy materials to improve the social and economic rights of vulnerable foreigners.

The objective of the action is to strengthen the alignment with EU human right principles through development of inclusive and non-discriminatory policies and effective inclusion practices for vulnerable foreigners as prerequisite for successful EU approximation process and sustainable development of WB region

Purpose and objectives of the assignment

The purpose of this call is assignment of consultant for preparation of legal and policy framework analysis on protection and access to basic social and economic rights of foreigners. The analysis of the legal and policy frameworks will include compatibility with EU legislation and standards and possibility for harmonization thought the region to address the issue of access of vulnerable foreigners to social and economic rights.

MYLA seeks to engage 1 consultants:

• Preparation of legal framework analysis on protection and access to basic social and economic right of foreigners.

Scope of work/tasks

In consultation with MYLA project team, the consultant shall:

• Prepare methodology
• Desk research of relevant applicable legislation, policies, strategies, reports ( both national and international).
• Data obtained through FAI 
• Draft legal and policy framework analysis
• Incorporate comments and/or adjust the analysis given from MYLA
• Final legal and framework analysis

Deliverables:

Legal and policy framework analysis

Timeframe and fee

The timeframe for completion of the tasks is estimated between August 2024 – September 2024

Task	Period
Desk research and FAI	beginning of August 2024
Draft legal analysis	end of August 2024
Final legal analysis	mid September 2024

The estimated timeline for completion of the tasks is indicative and may be revised in consultation with MYLA. The fee for engagement of the consultant to deliver the requested service is 1500 eur.

Profile of the consultant

1. Qualification and experience (max 100 points)

• University degree in international studies, social science or related field (10 points)
• 5 years of professional experience in migration relate issues (10 points)
• Profound knowledge in human rights and migration related issues (20 points)
• Knowledge of the EU policies and legislation on migration, asylum and third country nationals related issues (20 points)
• Knowledge of domestic policies and legislation on migration, asylum and third country nationals (20 points)
• Experience in realization of similar tasks (research, analysis, reports) in migration related issues (20)

Application process

The applicants shall send CV to Nazif Avdi at navdi@myla.org.mk. In the subject of the email the applicants shall include “Legal and policy framework analysis –FOSTER”.

Applicants are also required to include their reference in their application (contact person, links of publication, or other evidence) of past performance of similar tasks, researches on the topic or other activities relevant to the topic.

The deadline for submission is 25 of July 2024

MYLA will contact and proceed with further communication only with the selected candidate/s for the job. No other information will be communicated with the other applicants.

In case when the candidate/s are selected but are not able to perform the tasks within the timeframe required or agreed with MYLA, have rejected the offer, late response from the candidate/s or other reasons that might imply difficulties in performing the tasks or delay in the implementation of these activities MYLA shall end the communication with the selected candidate/s. In such case MYLA shall proceed with the next suitable applicants for the work.

MYLA reserves the right to not select any of the applicants and/or repeat this call for consultants at its discretion without any notice.