TERMS OF REFERENCE
Consultant for drafting legal amendments on relevant legislation related with statelessness in Republic of Macedonia
In June 2018, Macedonian Young Lawyers Association in cooperation with the UNHCR office in and OSCE Mission published Analysis of the legal framework related to birth and civil registration in the context of prevention of statelessness.
The analysis determined that there is a need for amending the existing national legislation in order to provide legal pathways for the persons without civil identity, whose number in the country is still the greatest between the stateless persons and remains unsolved by law and actually unsolvable without a legal ground.
The determination of their identity, on grounds of which they shall acquire civil status, falls under other state bodies but the question that remains is which is this state body (bodies) authorized for determining the civil identity required for the persons to acquire civil status and to receive citizenship on grounds of that? One possibility is the Court – the civil court which should determine the civil status in an extra-contentious process, as previously mentioned.
Another option is that the administrative bodies decide upon the civil status and identity for the stateless persons, e.g. the administrative bodies authorized to keep specific registers – the Ministry of Interior and the Office for management of the registers of births, marriages and deaths. It is understood that the ground act for reaching these decisions would be the Law on General Administrative Procedure, but it is necessary that the material laws introduce novelties in the shape of provisions regulating a separate administrative procedure for determining the civil identity of a person. These provisions should be inscribed in the Law on Records of Births, Deaths and Marriages, which should include separate part for determining the civil identity/status.
The objective of the assignment is to draft legal amendments on relevant legislation identified in the “Analysis of the legal framework related to birth and civil registration in the context of prevention of statelessness”
The assignment will particularly address the following issues:
1. Draft proposal for amendments of the Law on Non-Litigious Procedure where new procedure for determination of the civil status is introduced,
2. Draft proposal for establishing legal procedure for determining civil identity/status in Administrative procedure, with amendments of the Law on Records of Births, Deaths and Marriages and other related legislation.
3. Draft proposals for other obstacles in the regulatory framework, which impedes the process of civil and/or birth registration of undocumented persons
4. Participate on relevant round tables and working groups meetings during the assignment period;
3. Scope of work
Under the direct guidance of MYLA and in consultation with UNHCR, the consultant will work to:
• Produce a legal amendments in line with the above objectives, ensuring views and inputs of all stakeholders are considered within the process.
4. Duration of the assignment
30 days in September/October 2018
• At least Master degree in law, social science, human rights and gender, recovery or/and development;
• Relevant working experience with drafting 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;
6. 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 Friday, 7 September 2018, 17:00 hrs CET
Selection will be done in accordance with MYLA internal rules and procedures. Please be informed that only shortlisted candidates will be contacted.
The remuneration for the assignment will be additionally determined in accordance to MYLA’s policies for selection of consultants.
The call can also be downloaded on the following link> ToR_Consultant Stateless_September