TERMS OF REFERENCE FOR CONSULTATION
Development of MAFWE’s by-laws connected with Law on Cooperatives and Law on Agriculture and Rural Development
Within the project Support to Development of Agricultural Cooperatives
Background
CARE International is a federation of international non-government organizations implementing its programs for fighting poverty and social injustice in more than 90 countries throughout the world. CARE has been active in the Balkans region since 1993. Over the years, CARE’s program has expanded and developed to meet the changing needs of the region’s vulnerable population. Its aim in the Balkans today is to ensure social, economic and political rights of vulnerable and marginalized groups are recognized and fulfilled, contributing to sustainable peace in the region. CARE’s work in the Balkans revolves around the two programme strategies: social and economic inclusion and gender equality.
„Macedonian Enterprise Development Foundation“ (MEDF) is a non-governmental organization with a vision of decreased poverty, increased employment and established social cohesion. Its mission is to support the development of SMEs and it has 20 years of experience in promoting entrepreneurship, supporting businesses, in project management, capacity building, developing partnerships and providing financial services to SMEs (micro and small loans). Since 1998, through its financial intermediaries, MEDF has distributed 50.7 million EUR to 14,525 clients, most of whom were local farmers.
Partnering with MEDF, CARE is currently implementing the project Support to Development of Agricultural Cooperatives, funded by the European Union and implemented throughout North Macedonia. The project aims at contributing to higher productivity and competitiveness of agriculture sector. Namely, to improve the current situation in the segment of agricultural production of individual farmers, the project works on increasing market competitiveness and cooperation among farmers in the Country, through creating favourable conditions for the development of the existing and creation of new agricultural cooperatives. Project outputs – expected results are:
- Op 1: Legal framework regulating agricultural cooperatives is revised, through a joint work of the project team and associates, MAFWE and a cooperatives’ umbrella organization.
- Op 2: Capacity of a selected umbrella organization of agricultural cooperatives strengthened.
- Op 3.1: Increased awareness on benefits of cooperatives, among farmers, businesses and general public.
- Op 3.2: Data base created with information on existing agricultural cooperatives willing to expand and farmers’ groups willing to establish new cooperatives and receive support for development.
- Op 4: Technical and financial support provided for the development of 8 existing and creation of 12 new cooperatives
Aims and objectives
The current legal framework that regulates agricultural cooperatives in North Macedonia contains a number of inconsistencies and obstacles for efficient development of cooperatives. This far, the project led several initiatives to improve legislature regulating the field of agricultural cooperatives, supported the process of abolishing the Law on Agricultural Cooperatives, managed to prepare a new Law on Cooperatives, amendments to the Law on Agriculture and Rural Development as well as amendments to other relevant laws. All in cooperation with the relevant decision makers and stakeholders.
Both newly prepared laws (the Law on Cooperatives and the Law on Agriculture and Rural Development) are currently in the procedure for adoption, which implicates preparation of a set of by-laws connected with new proposed Law on Cooperatives and amended Law on Agriculture and Rural Development, with specific focus on simplification and efficiency.
The project is looking to engage external legal expertise to carry out the assignment with the following tasks:
- Design (writing) of specific by-laws (draft and final by-laws) which regulate more closely the field of (agricultural) cooperative entrepreneurship. Design of the by-laws will be based on the specific laws prepared and/or amended by the project, inputs from stakeholders (i.e. line ministries, representatives of agricultural cooperatives), inputs from working group meetings (professionals from the Ministry of Agriculture, Forestry and Water Economy and other members) and the project team.
- Regular participation at Working Group meetings, to obtain better insight of discussions around the necessary amendments; provide legal advice to the project team and other stakeholders in this process.
- Organisation of additional consultations with various stakeholders involved in the process of amending the Law on Agriculture and additional research and analysis of inconsistencies within other various regulations/laws (if any).
Consultant’s outputs
- Get fully acquainted with project documentation, studies made, minutes of previous Working Group meetings, amendments of the Laws prepared by the project.
- In communication with CARE Project Manager, prepare a detailed work plan for the named consultancy.
- Regularly consult with CARE Project Manager during the entire consultancy and agree on the main points of work.
- Participate at Working Group meetings; provide advisory to the Working Group members and the project team regarding the formulation of the by-laws.
- Ensure regular consultations with relevant stakeholders, mainly members of the Working Group and other parties, as requested by the project team.
- Prepare proposals for by-laws (draft and final versions upon the stakeholders’ inputs) in the highest quality of written Macedonian language and with proper legal terminology.
CARE’s outputs
- Provide to the Consultant the documentation relevant for the consultancy – initial and upon Consultant’s request.
- Coordinate with the Consultant throughout the consultancy period, on the finalisation of the draft work plan, consultancy implementation and achievements. Steering the consultancy plan, in cooperation with the Consultant, to best suit the project purposes.
- Ensure linkages and coordination between the Consultant and all relevant stakeholders for the aimed consultancy. Provide support to the Consultant in organizing interviews/meetings with key stakeholders.
- Review the project outputs, including the draft and final amendments of the by-laws prepared by consultant.
Methodology
The Consultant will base its work on the relevant documentation, provided by CARE (i.e. legal framework, relevant studies, project documents, Working Group meeting’s minutes, amended Laws by the project etc.) as well as external documents relevant for the consultation (i.e. strategies, current bylaws etc.).
The consultancy will be carried out in constant communication with CARE Project Manager. The Consultant has the obligation to coordinate with CARE prior to undertaking any activities regarding this consultation. The consultancy work plan, draft and final amendments of the various by-laws will be subject of CARE’s revision.
The Consultant will base their work on the Working Group’s recommendations and consultations with relevant stakeholders in Government institutions and representatives of agricultural cooperatives and farmers.
All written documents aimed for state institutions (by-laws etc.) should be written in Macedonian language. The Consultant will ensure excellent quality of the written language, using the proper legal terminology. All documents aimed towards CARE (timesheets, reports etc.) should be done in English.
Schedule and logistics
The Consultant’s engagement is envisaged for the period November 2020 – December 2020, for a maximum of 10 working days. The exact start and end date of the consultation period will be agreed with the Consultant upon selection.
The payment for the work will be defined through a Contract and will be made upon the work completion and after the final outputs of the consultation have been approved by CARE’s Project Manager, with all necessary documentation attached, as per CARE’s administrative procedures (the consultants’ time sheets and other required documentation).
CARE will not provide logistical support to the Consultant for the named consultancy, nor will it accept any extra costs for it – organisational costs. Costs for meals, accommodation, transportation and similar, that may occur will be entirely born by the Consultant. CARE will not pay any additional costs for stakeholder’s participation in the consultancy work, such as for an example participation in meetings, interviews etc.
Bid
The Consultant shall suggest a total fee for the entire consultancy in MKD. The offered price/bid should include all costs, including taxes and related costs of the bidder (travel, meetings etc.) i.e. should be presented in gross per day. The project is financed by the European Union and registered in the Central Donor Assistance Database of Republic of Macedonia (CDAD) with number of confirmation 07/01-18/3764 exempting the project from VAT. If the bidder is a legal entity, the offer should be presented without VAT.
Management and organization
The Consultant will report to Mr. Dragan Perić, CARE Project Manager.
The Consultant (Key Short-Term Expert) must comply with the following criteria:
- MA University degree in Law, with at least 10 years expertise in designing regulations.
- Excellent knowledge and previous documented consulting experience in analysis of legal frameworks in the fields of economy and/or agriculture. Previous documented work in analysis, lobbying and amending of the laws in the country.
- Excellent knowledge and skills in writing of legal documents, laws and by-laws.
- Knowledge about institutions/networks/organisations relevant for the issues of designing legislation in the country. Knowledge of stakeholders and decision makers relevant for agriculture development.
- Excellent writing skills in Macedonian language, excellent usage of proper legal terminology. Knowledge of English language.
- References on the related work (should be submitted with the consultancy bid).
- Excellent interpersonal and communication skills.
Interested candidates are invited to apply and should submit:
- Current CV in EU format (kindly present only the relevant experience);
- Draft methodology and implementation plan for the consultancy;
- Bid (financial offer).
Via e-mail to care.macedonia@care.org not later than 10th of November 2020, COB, entitled:
“Application for the position: Short-Term Expert for Development of by-laws for agricultural cooperatives”
References need to be included in the application, or, in exceptional cases, available upon request. Only candidates with a suitable offer will receive a confirmation of receipt of their application. Only short-listed candidates will be contacted.
Skopje, November, 2020
