Tajikistan nationals: Lawyer to conduct an analysis of the Water Code of the Republic of Tajikistan

Organization for Security and Co-operation in Europe (OSCE)

Dushanbe, Tajikistan 🇹🇯

Background  
The Republic of Tajikistan in close collaboration with international donor society has been implementing a Water Sector Reform over several years. For this purpose, a Water Sector Reform Program for the period of 2016 -2025 has been developed and approved. The Program describes existing problems in the water sector, defines goals and objectives of the reform, mechanisms for achieving the goals and objectives, as well as necessary financial resources for the implementation of the reform. The document also serves as a roadmap for the reform implementation by offering a detailed Action Plan consisting of 4 sections that are a) development of legislation and regulation, b) institutional development, c) infrastructure rehabilitation and c) support tools for water sector reform.  
The Water Code of the Republic of Tajikistan was reviewed and a new edition was adopted on April 02, 2020 as part of the Program Action Plan related to the development of legislation.  It is worth mentioning that the Water Code is a fundamental regulatory legal act that regulates the use and protection of water resources at the level of state regulation and control through certain state-authorized bodies and various water users.
It is anticipated that in the framework of the Water Sector Reform, numerous laws, legal and normative acts existing from the Soviet times and/or developed before the commence of the Water Sector Reform, will have to undergo a thorough revision. Based on the results of the revisions, relevant modifications are expected to be made. 
Within the framework of the Water Sector Reform, the OSCE POiD supported the Agency of Land Reclamation and Irrigation (ALRI), one of its key government partners in water resources management, in developing a number of subsector bylaws (four bylaws) in 2018. However, in the light of the newly developed Water Code, a detailed analysis of the Water Code and other legislative acts related to land reclamation and irrigation should be conducted. The purpose of the analysis is to identify specific legal and normative acts related to land reclamation and irrigation as well as to determine what other legal and normative acts, such as for instance by-laws and/or laws are necessary to elaborate or to modify. 
Specifically, within the framework of this particular ToR it is anticipated that:
  • A thorough analysis of the Water Code and other related legislative acts will be conducted, and a list of by-laws for further elaboration will be obtained;
  • Further two (2) bylaws from the provided list will be developed. The 2 bylaws will be selected by members of the ALRI’s National Commission on Irrigation and Drainage.
In this respect, the OSCE POiD plans to recruit national experts a) on law, b) gender, c) hydrology and c) economy to conduct the abovementioned activities. All the experts will conduct their part of assignment from the point of view of their specific fields of expertise.
The below described objectives, tasks, requirements, deliverables and remuneration are elaborated for the national expert on law.
Deliverables and performance indicators
  • A thorough and detailed review of the Water Code and other legislative acts including legal evaluation for each legislative act, is provided to the OSCE and ALRI;
  • A list of bylaws for the sector of land reclamation and irrigation is prepared and submitted to the OSCE and ALRI;
  • Power point presentation on the review of the Water Code and other legislative acts as well as a list of potential bylaws  is prepared (jointly with other national team experts);
  • Presentation of the results of the review of the Water Code and other legislative acts as well as potential bylaws is made (to be done jointly with other national team experts)
  • 2 (two) selected by the NCID members bylaws are developed and submitted to the OSCE and ALRI for comments;
  • 2 (two) bylaws are finalized and submitted to the OSCE and ALRI.
Tasks and Responsibilities  
The national expert on law is responsible to:
  • Conduct a review and analysis of the Water Code of the Republic of Tajikistan to identify articles related to the land reclamation and irrigation sector;
  • Define articles in the Water Code that directly indicate to legal acts related to land reclamation and irrigation and those ones that provide references to other legal acts;
  • Identify articles in Water Code that require development of bylaws;
  • Conduct a review of the existing legislative acts in the land reclamation and irrigation sector with the aim to improve those in the framework of the Water Code;
  • Provide legal evaluation for each reviewed legislative act;
  • Identify and prepare a list of bylaws to the Water Code that need to be developed in order to improve water resources management in melioration and irrigation systems;
  • Present the list of identified bylaws for the ALRI to the members of the National Commission on Irrigation and Drainage (NCID);
  • Develop two (2) bylaws to the Water Code in agreement with ALRI;
  • Present the 2 (two) developed draft  bylaws to ALRI and finalize them based on the reviews and comments received from ALRI;
  • Work in a team with the other 3 (three) national experts to: – Conduct joint meetings to share the results of their reviews of the Water Code from their respective fields; – Prepare jointly a list of potential bylaws to the Water Code;  – Jointly prepare a power point presentation on the list of bylaws to the Water Code related to the land reclamation and irrigation subsector; – Jointly develop 2 by-laws to the Water Code selected by the NCID members (respective fields); – Finalize the bylaws based on the comments and proposals received from ALRI (respective fields).
Necessary Qualifications  
The national expert on laws should have:
  • A specialty in the field of jurisprudence, an advanced degree is encouraged;
  • At least 5-10 years of experience in the field of jurisprudence;
  • Experience in drafting laws and regulations related to water resources management and in the field of land reclamation and irrigation;
  • Experience in the development of legal documents in the field of land reclamation and irrigation;
  • Excellent knowledge of the basics of the water sector reform and the expected tasks for the development of the melioration and irrigation sector, including WUAs;
  • Awareness of other sectors, in particular the ongoing reforms in agriculture;
  • At least 5 years of experience in projects funded by international organizations on legal, institutional, economic and other issues in the field of water resources management, land reclamation and irrigation and the environment;
  • Communication, organizational and team working skills;
  • Excellent oral and written knowledge of Russian language.
Required competencies  
Core values
  • Commitment: Actively contributes to achieving organizational goals
  • Diversity: Respects others and values their diverse perspectives and contributions
  • Integrity: Acts in a manner consistent with the Organization’s core values and organizational principles
  • Accountability: Takes responsibility for own action and delegated work
Core competencies
  • Communication: Actively works to achieve clear and transparent communication with colleagues and with stakeholders of the Organization
  • Collaboration: Works effectively with others on common goals and fosters a positive, trust-based working environment
  • Planning: Works towards the achievement of goals in a structured and measured manner
  • Analysis and decision-making: Analyses available information, draws well-founded conclusions and takes appropriate decisions
  • Initiative-taking: Proposes and initiates new ideas, activities and projects
  • Flexibility: Responds positively and effectively to changing circumstances
Managerial competencies (for positions with managerial responsibilities)
  • Leadership: Provides a clear sense of direction, builds trust and creates an enabling environment
  • Strategic thinking: Identifies goals that advance the organizational agenda and develops plans for achieving them
  • Managing performance: Helps to maximize team performance by providing active feedback and skill development opportunities   
Remuneration Package   
The consultant will be remunerated commensurate with consultant’s experience and qualifications in accordance with OSCE established rates. Applicants should indicate whether they wish to be included in the OSCE Roster of Consultants for similar assignments.
Consultancy period: May -August 2021
Location: Dushanbe, Tajikistan
How To Apply  
If you wish to apply for this position, please use the OSCE’s online application link found under https://jobs.osce.org/vacancies.
Please note that applications received after the deadline, submitted in different formats than the OSCE Application Form or in other languages than the English language will not be considered.
Only those applicants who are selected to participate in the subsequent stages of recruitment will be contacted.
The OSCE retains the discretion to re-advertise/re-post the vacancy, to cancel the recruitment, to offer an appointment at a lower grade or to offer an appointment with a modified job description or for a different duration.
The OSCE is committed to diversity and inclusion within its workforce, and encourages qualified female and male candidates from all national, religious, ethnic and social backgrounds to apply to become a part of the organization.

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DEGREE REQUIRED

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