Legal Advisor (Short Term Consultant)

  Harakat- Afghanistan Investment Climate Facility (H-AICF)
  Afghanistan Unspecified 234
Date Posted:Jan 30, 2010
Reference:2010 - 005
Closing Date:Feb 12, 2010
Work Type:Unspecified
Number of Vacancies:1
Gender:Male
Functional Area:Consulting
Nationality:International
Salary Range:As per NTA salary scale policy
Years of Experience:Fresh
Contract Duration:Not specified
Extension Possibility:Yes
Contract Type:Short Term
Probation Period:Unspecified
Required Languages:

About Harakat- Afghanistan Investment Climate Facility (H-AICF):

Founded:  

Job Summary:

1.Background

The Land Lease and Management One Stop Window is a project to be implemented by the Ministry of Agriculture, Irrigation, and livestock of Afghanistan with the financial support of Harakat. The goal of the project is to create a mechanism that will significantly increase the amount of public land that would be made available to the business community for productive investment. Obtaining land to use for commercial purposes remains one of the most significant constraints to economic growth. Potential investors face considerable uncertainty concerning the availability of suitable land, its cost and the time required to secure the land after it is identified. Survey in recent years has consistently shown that access to land and electricity are the two most frequently cited obstacles for investors. The lack of workable mechanisms for making land readily available at market cost significantly discourages existing businesses from undertaking new investment and effectively prohibits new investors from entering the market.

2.Project Objectives

The objective of this project is to establish the Afghanistan Land Authority (ALA), as an autonomous public entity subjected to Government policies. As a statutory body responsible for leasing public land, the ALA will operate as a single reference point or one-stop window for investors seeking to obtain access to land for commercial activities. It will have a mandate to consult closely with the president, the Afghanistan Investment Support Agency (AISA), line ministries and the National Assemble as well as private sector organizations to ensure that land needed for productive investment is made readily available throughout the country. It will coordinate its activities with ministries and donors to ensure that investment in infrastructure, including irrigation facilities, water and power supplies, and roads, contribute to attracting productive investment.

The ALA will have responsibilities to i) Maintain a public land inventory database with detailed information about mapping locations, size, land categories and descriptions, prices and availability of services, ii) Offer a comprehensive land-lease solutions, by delivering a public service in a cost-effective, timely manner that promotes transparency, competition and accountability, iii) Assume management responsibility for making state-owned land available for commercial purposes (including agriculture, industry and services investments). It will supervise the compliance of the lease contracts and will collect the lease revenues and iv) Promote land improvement investments, directly or indirectly.

Phase 1 of the project will take 04 months (mid-Feb – mid-June, 2010) to design the key aspects required for project implementation, including legal aspects, organizational policies and procedures, land inventory standards, land lease procedures, IT protocols etc. At the end of the design, it will be possible for MAIL to start the project implementation, legally establishing the ALA, staff it and start the preparation of its public services.

Duties & Responsibilities:

3.Consultancy Objectives

The Legal Advisor will be participating in the preparation of several legal documents that will ensure a comprehensive legal framework to accommodate the existence of the new institution and the new simplified procedures. The package will include law amendments, organizational bylaws, registration alternatives analysis, policy documents and others.

4.Supporting National Team

A team of 14 permanent national staff from the Ministry of Agriculture will be in place to collaborate with the consultant on a full time basis. The team will integrate the future management staff of the entity to be created (1 CEO, 6 Directors, 6 Deputy Directors, 1 Executive Assistant). Each one of the national MAIL staff will be instructed to interface on a daily basis with the consultant’s personnel, supporting in the organization of key meetings with public officers, collection of national documents, participating in brainstorming sessions, reviewing draft documents produced by the consultants, etc. as a result of the daily interaction with the consultant’s experts, it is expected that enough capacity will be built in the national tam to guarantee smooth implementation of the project after the conclusion of phase 1.




5.Deliverables

The Legal Advisor will be fully responsible for the development of the project deliverables 1, 5 and 6 (#1: Legal proposal for formalization of LLMOSW and transfer of land lease competencies from MAIL, #5: Land Clearance Manual and #6: ALA bylaws).

Additionally, it will do the legal review of governmental policy documents produced by other experts including the future Land Zoning Policy and the Land Lease Manual. In that cases he/her will guarantee the use of correct legal terminology and it will identify any amendment needed of current legislation in order to accommodate the new rules to be established. He will do the same with other legal documents at the organizational level (templates of organizational contracts such as land lease contract, employment agreement, service contract and others).

To conclude, he/her will be responsible for at least 10 hours of general and technical training to the national staff participating in the project, in order to ensure the fully understanding of the deliverables by the future users.

6.Location

The Legal Expert should be interacting on a daily basis with the national team, sharing office space inside the Ministry of Agriculture (MAIL) compound.

7.Contract Duration

The Legal expert will have 03 months (12 weeks) to present the mentioned deliverables, detailed also in Annex 1. Contract start date will be March 1st, 2010 tentatively.

8.Report and Supervision

The consultant should report and will be supervised by the Team Leader assigned by MAIL. He will receive the deliverables the consultant will produce and approve them after complete satisfaction.

Job Requirement:

9.Qualifications and Experience

The ideal candidate has a master degree in Law and at least 10 years of working experience drafting legislation. He/her has high knowledge of Afghanistan legal framework of public and private organizations, as well as land related regulation. He/her should have proven experience of development of legal framework for different kind of organizations (public, private, public-private, profit/non profit). Additionally, it is expected to have Knowledge in the areas of good corporate governance, anti-corruption legal mechanisms measures and social, political and economic environment in Afghanistan. He is expected to have ddemonstrated knowledge of local languages and English language. Personal Skills and Abilities of the candidate should include:

•Demonstrated experience in developing and maintaining effective work relationships
•“Self-starter” mentality with strong personal motivation, enthusiasm, perseverance and entrepreneurial spirit.
•Exceptional interpersonal communication, relationship building and networking skills.
•Demonstrated leadership skills and a supportive management style.
•Ability to communicate with persons of various cultures and disciplines.
•Excellent written communication skills.
•Ability to work in a dynamic and responsive environment.
•Ability to work under pressure and respond to multiple tasks.


10.Nationality
The position is opened for afghan and foreign professionals.

11.Salary
Competitive salary will be offered based on experience and qualification

12.Facilities to be provided by the client
Accommodation and transportation will be provided

________________________________________
Annex 1 (Detail of Deliverables)

DELIVERABLE
Number 1Legal proposal for formalization of LLMOSW and transfer of land lease competencies from MAIL.

OBJECTIVE
To ensure an appropriate legal framework for the Land Lease and Management One Stop Window initiative able to guarantee in the long term that:
ALA is an entity legally established according Afghan laws;
ALA reports to the MAIL;
ALA is an executive agency with an independent Board;
ALA is a limited liability organization operating under the MAIL’s authority;
ALA operations are independent from Governmental procedures and finances;
ALA is legislated by the country’s parliament and approved in the Cabinet
All legal public competencies of land lease are fully transferred from MAIL to ALA.
New land lease procedures are fully backed up by Afghan legislation (law amendments are anticipated).


DESCRIPTION
1.One Paper presenting possible alternatives for the ALA legal establishment in line with the spirit of the project. Each alternative will include advantages and disadvantages, and detailed steps to be followed for the establishment. The Paper should also include the legal recommendation for the best option for the ALA legal establishment.
2.Amendments to the existing Land Management Law to be drafted and presented in order to accommodate the existence of the new entity, within the form previously decided.
3.Investment Budget proposal to implement the legal alternative decided by the Board.

SUGGESTED METHODOLOGY
Review of national legislation related to organizational constitution.
Benchmark of other experiences of public autonomous entities in Afghanistan.
Interviews with Ministry of Justice and related personnel.

DELIVERABLE
Number 5 Land Clearance Manual

OBJECTIVE
The objective of this deliverable is to design a set of standards and procedures for the entity in order to obtain clearance on property rights of governmental lands. A manual describing the procedures required to obtain property rights needs to be developed. This manual will detail the different steps involved, the other public agencies with which to coordinate, the type of documents acceptable to demonstrate property rights, etc. All the possible scenarios should be covered, including what to do when there are no titles, when lands used by nomadic groups, when land is permanently occupied, etc.

DESCRIPTION
The deliverable will include the following 2 sections or parts:
1.Manual on Land Clearance guiding the entity on how to deal with property rights disputes and clarification.
2.Power Point Presentation to be used during the orientation process of new staff members, summarizing the key information of the Manual.

SUGGESTED METHODOLOGY
Analyze current procedures existing in the country
Interviews with other ministerial offices and projects with competencies in land titling.
International benchmarks

DELIVERABLE
Number 6 ALA Bylaws.


OBJECTIVE
To ensure an appropriate corporate framework for the ALA to operate, including clear mission and vision statements and a clear governance mechanism, and clear delimitation of liabilities affecting the members.

DESCRIPTION
The deliverable will include 2 sections or parts:
1.Organizational ALA Bylaws;
2.Board procedures and policies (Conflict of Interest Policy, others);
3.Power Point Presentation to be used during the orientation process of new Board members, summarizing the key information of the bylaws.

SUGGESTED METHODOLOGY

Benchmark with bylaws of other public independent entities in Afghanistan
Lead a Board discussion of the main key organizational issues to be included in the bylaws related to revenue management, Board quorum, voting systems, member’s obligations, etc.

Job Location:

Afghanistan
This job is expired