Terms of Reference- Consultant for analysis on situation with statelessness in Macedonia
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During the years various initiatives were undertaken by the international organizations, NGOs, and government, to address the issue of statelessness and contributed to a large extent towards identifying the main gaps and challenges in the area. In addition, these initiatives also contributed towards reduction of the number of RAE and other marginalized groups lacking effective right to citizenship either as a result of the dissolution of SFRY or due to unregistered births/personal names. As a recommendation of the Zagreb Declaration from 2011, the Government established Working Group (WG) coordinated by the Ministry of Labour and Social Policy (MLSP), tasked to propose solutions for the problem of persons who lack personal documents focusing primarily on resolving the problem of unregistered birth and/or personal name, In addition MLSP in cooperation with MoI, MoJ and local Roma NGOs conducted a nationwide action aimed at identification of persons with unregistered births and/or personal names.
The cross-sectoral group consisted of representatives of MoI’s Section for Citizenship and Section for Aliens, MoJ’s Directory for managing registry records, Health Insurance Fund and MLSP as well as UNHCR and MYLA, with main purpose to mitigate in complex at risk of statelessness cases. The Macedonian Young Lawyers Association (MYLA) as a member of the Working and cross-sectorial groups, provides its legal expertise in the field and initiates procedures for subsequent registration of births and personal names. Thus newly identified cases by the institutions or by the NGOs were referred to MYLA for follow up such as legal assistance and assistance in obtaining the necessary documents. In addition MYLA created and managed the MLSP database of all identified cases.
Despite the efforts invested, yet reports from relevant international bodies such as OSCE High Commissioner on National Minorities, UNHCR and the European Commission note that many persons, in particular Roma, are still trapped in a cycle in which the lack of documentation among one generation creates obstacles for the registration of the next. A number of long-term habitual residents, remain at risk of statelessness either because of unresolved citizenship status or due to unregistered birth and/or personal name. The Co-Chair Conclusions of the Regional Conference on Access to Civil Registration and Documentation in SEE: Progress and Remaining Challenges since the 2011 Zagreb Declaration, outlined the concrete next steps which Macedonia and each other signatory country should implement.
Besides the mentioned efforts yet the country lacks systematic identification of persons at risk of statelessness. Thus there is lack of official statistical data on the number of persons who are stateless or at risk of statelessness. Even though the nationality legislation and general legal framework is overall positive in terms of avoiding and preventing situations of statelessness and It is compatible with the 1961 Convention on the Reduction of Statelessness and it does not allow for arbitrary deprivation of nationality and The 2004 Law Changing and amending the 1992 Law on Citizenship introduced a facilitated naturalization provision for recognized refugees and stateless persons, many persons, in particular Roma, are still trapped in a situation of lack of civil registration and documentation which is a result of societal marginalization, compounded by factors related to the dissolution of the former SFRY and displacement. The obstacles to obtaining civil registration and documentation such as complex evidentiary requirements, have been cyclic and systemic, as a person finds it harder to obtain more or any documents.
The objective of the assignment is to conduct a research and prepare an analysis of the legal provisions relevant for the resolution of the problem of statelessness as well its applicability in practice. The focus should be on identification of the gaps and the facilitation of birth and civil registration of undocumented persons, efficiency of the registration in the civil registry records, obtaining residence permits and citizenship in Republic of Macedonia.
The assignment will particularly address the following issues:
- Analysis of typical cases of undocumented persons who have problems with birth and civil registration,
- Administrative barriers that prevent stateless people to obtain birth certificates and registration in the civil registry records,
- Obstacles related to obtaining residence permits for undocumented people who are long-term habitual residence in the Republic of Macedonia,
- Steps necessary to establish procedure for statelessness status determination,
- Removing obstacles for effective access to Macedonian citizenship for undocumented and stateless people,
- Identification of any other obstacle in practice or in regulatory framework, which impedes the process of civil and/or birth registration of undocumented persons
- Following legislation needs to be taken into consideration:
- Law on civil registry records
- Law on foreigners
- Law on citizenship of the Republic of Macedonia
- Law on ID card
- Law on family
- Based on the relevant legislation and practice, initial recommendations for legal amendments, bylaws and guidance needs to be prepared
- SCOPE OF WORK
Under the direct guidance of MYLA and in consultation with UNHCR, the consultant will work to:
- Produce an analysis in line with the above objectives, ensuring views and inputs of all stakeholders are considered within the process.
- Identify initial recommendations for legal amendments as well as relevant bylaws and guidance’s.
- DURATION OF THE ASSIGNMENT
15 days in April/ May 2018
- Master degree in law, social science, human rights and gender, recovery or/and development;
- Relevant working experience with vulnerable groups of persons, including research and legislation;
- Previous work experience in the region and in particularly in the country on a similar assignment;
- Proven expertise with analysis and assessments in the areas of administrative law, protection of human rights with a focus on vulnerable groups of persons;
- Excellent communications and interpersonal skills;
- Proven excellent analytical and writing skills;
- TO APPLY:
- All interested are required to submit a letter of interest and curriculum vitae listing relevant qualifications and background;
- The interested candidates should submit their application to Macedonian Young Lawyers Association at: firstname.lastname@example.org by Monday, 10 April 2018, 17:00 hrs CET
The following methodology will be used to evaluate the applicants
University degree in law, social science, human rights and gender, recovery or/and development 10 points
Relevant working experience with vulnerable groups of persons 20 points
Previous work experience in the region and in particularly in the country on a similar assignment 30 points
Proven expertise with analysis and assessments in the areas of protection of vulnerable individuals 20 points
Excellent communications and interpersonal skills 10 points
Proven excellent analytical and writing skills 10 points
The remuneration for the assignment will be additionally determined in accordance to MYLA’s policies for selection of consultants.
* Please be informed that only shortlisted candidates will be contacted