The objective of the study is to:
conduct the review of key laws on various Local Governments units, and derive recommendations for LGD on prospect of a local government framework/uniform legislation as Mother Law with directives for LG unit legislations’
Scope of legal review
The main components of this assignment will include:
* Identifying and proposing a detailed methodology/tools, based on good national and international practices, for conducting this legal review
* Review of constitutional provisions on decentralization and local government in Bangladesh
* Review of legal provisions and mandates related to institutional structures, jurisdictions, functions, finance and functionaries of LG units
* Review of local government Mother Laws of other countries (south, post-conflict, developed) and comparative analysis of those Laws with LG unit legislations of Bangladesh, particularly for drawing recommendations/justifications towards formulating a “Mother Law” for LGIs in Bangladesh.
* Consult relevant experts, including elected and government functionaries, and field level stakeholders as appropriate. legal and constitutional experts, local government experts, etc.
* A field visit to neighbouring India to consult:
- Zila Parishad
- VP, PS, ZP, DPC, Purashava and LG Finance Commission
- DM and BDO; Chairs of VP. PS, ZP and Pourashava
* Review of judgements/case laws of Bangladesh Supreme Court on decentralization/local govrnment/constitutional provisions
* Review of the recommendations provided by different LG committees/Commissions i. e. Huda Commission, Rahmat Ali Commission and Shawkat Ali Commission
* Recommendations for a Mother Law with justifications based on above analysis
* Develop a draft legislation
Expected Outputs Timeline
* Desk review literature and prepare initial research design and methodology (3 Days)
* Meeting with key government officials, UNDP, UZGP-UPGP project staff to finalize research design, para-meter, processes, working relationships and its approval (4 Days)
* Inception Report (4 Days)
* Documents collection and review (9 Days)
* Consultation, analysis and report writing (50 days)
* Draft report & presentation of key findings (7 days)
* Workshop/event (3 days)
* Report finalization including workshop inputs (5 days)
* Inputs for pre-press/draft printed report (5 days)
Impact of Results
The policy review will primarily provide the LGD, the UZGP and the UPGP with evidence on the current status of legal regime of local government bodies. Recommendations from this review will also enable the LGD to engage in policy advocay for a local government mother law for Bangladesh.
Institutional Arrangement
The National Consultant will have following institutional arrangements for execution of legal review:
* Maintain technical coordination with UPGP & UZGP’s International Technical Advisors, as required;
* Close coordination with the Project Manager for project based institutional, operational and field support. The Project Manager UZGP will ensure availability of support and cooperation from the National Project Director, Focal Person and Local Government Division of M/O LGRD&C, as required, along with the UNDP and the UNCDF. The Project Manager will be informed of the progress of work as per agreed coordination matrix.
* The consultant will be part of a team that includes National Technical Advisor of UZGP and UPGP, and Programme Analyst of UNCDF
Duration of the Work and Duty Station
The estimated duration of the study is expected to be 90 days spread over 5 months within the period of July-November 2014 at Dhaka
Final Products/Services
The consultant will be expected to submit following items:
* Inception report (including draft methodology, mapping tools, time bound workplan): 11 days after signing of contract,
* Draft report: 70 days after signing of contract
* Powerpoint presentation for a sharing event: 77 days after signing of contract
* Final report including a draft legislation: 90 days after signing of contract
All reports will be shared in 3 hard copies along with Word Format soft copies in CD and through email. In case of any discrepancy the hard copy will be considered as final. The language of communication and reporting will be English. All research tools will be prepared in English and translated into Bangla for field application, as required.
Competencies
Competencies:
* Solid understanding of local governance, decentralisation and legal framework of local governments.
* Conceptual clarity on different Act, rules, regulation, policies relation to various local government bodies like upazila parishad, union parishad, zila parishad, city corporations and municipalities
* Have demonstrated research, review, analytical experience.
* Excellent writing skill in English
* Computer literacy especially on MS Word applications is a must.
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