Background
In December 2012, The EAC, with the support of UNDP convened a workshop on governance of natural resources in East Africa. The basis was an effort to pursue the Partner States undertaking to manage natural resources in the Community in accordance with the principles set out in Articles 5, 6, 7 and 8 of the Treaty. The main objective of the workshop was to engender a holistic approach that addresses good governance in the management of natural resources in the region. The workshop made the following observations:
- It was observed that EAC Partner States have put in place policies, laws and strategies in natural resources sectors. However, the same have divergences that pose a challenge to a unified approach. There is need for harmonization and approximation of laws to establish regional standards and benchmarks that will strengthen governance and ensure sustainable development.
- Applying principles of good governance in the management of natural resources is fundamental in ensuring that the exploitation thereof, sets the EAC region on to a path of sustainable development. The existence of multiple laws in the region posed a great challenge on the governance of this crucial resource. There is need of joint concerted efforts at the regional level to ensure that East Africans benefit out of exploitation of natural resources
- The East African Legislative Assembly’s core mandate should complement national parliaments’, especially, in legislation and implementation of laws and policies governing natural resources.
- Although the Inter-Parliamentary Relations Liaison Committee on Extractive Industries already exists, there is need to strengthen its capacity and enhance the partnerships between National Parliaments and the Committees to enrich discussions on Governance of natural resources in the region.
- There is need for regional forum which will bring together all sectors in natural resources to share experiences and exchange ideas with a view of having common understanding and avoiding overlaps and contradictions.
There is consensus on the critical role that natural resources play in sustaining the livelihoods of the vast majority of the world’s poor, in generating economic growth and in advancing social justice and human progress. With the global demand for natural resources and commodities growing with significant increase in price, these sectors have become extremely important parts of national economic strategies of many resource-rich developing countries. These countries are embarking on ambitious plans to transform their economies and societies in terms of sustainable development. However, in the absence of robust accountability mechanisms, it will be difficult for these aspirations to materialize. In some instances, unfair and unjust exploitation of these resources have led countries to economic stagnation (Dutch disease) or outright conflict (resource curse).
Duties and Responsibilities
UNDP seeks a consultant to under take the following activities:
The discovery of oil in Kenya and Uganda and gas in Tanzania has created high expectations, while internationally the region has become a focus of international investors in extractive industries. These call for practical solutions to handle the expectations both at national and regional level. In this regard, there is need for continuous knowledge and consultations between national parliaments and EALA on governance of natural resources, human rights and sustainable environmental management.
The Study should analyse existing and potential natural resources. It should also analyse:
- Historical, current and potential Constitutional, Legal and Policy Frameworks for Natural Resource Contracting,
- Strengths and weaknesses of historical, current and potential natural resource contracts
- Strengths and weaknesses of historical, current and potential revenue management frameworks
- Comparative analysis of effective Constitutional, Legal and Policy Frameworks for Natural Resource Contracting and effective revenue management frameworks
The study should recommend policy and practice changes to effectively manage each of the above.
Based on the findings of the above study, the consultant will undertake a training of EAC Inter-Parliamentary Relations Liaison Committee on Extractive Industries and National Parliamentary Committee Responsible for Human Rights, Gender, Youth, Peace and Security; under the theme “Constitutional, Legal and Policy Frameworks for Fair Contracting and Effective Revenue Management in Natural Resource Governance”.
These interactive sessions will serve to strengthen the capacity of the Committees on one hand and improve liaison and harmonisation among national assemblies, on the other hand. The workshop will involve select Committees of Parliaments at national level, and EALA Members of the Committee on Agriculture, Tourism and Natural Resources.
Duration of assignment; duty station; expected places of travel
- This assignment is expected to be undertaken over a period of 3 months after the recruitment of the consultant. The assignment is expected to be primarily home-based but with occasional travel to Kigali and/or other location for inductions, presentations, consultations and coordination.
- The Consultant is expected to travel to major administrative/economic locations to coordinate stakeholders, validate information and research on the subject area.
Reporting requirements
- The consultant will report to UNDP. All reports will be submitted in the English language in accordance with the contract and schedule of study activities that will be agreed upon at the UNDP meeting that will consider the inception report of the study.
Selection criteria
The candidates will be evaluated through Cumulative Analysis method. When using the weighted scoring method, the award of the contract should be made to the individual consultant whose offer has been evaluated and determined as:
Responsive/compliant/acceptable and; having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation.
Only candidates obtaining a minimum of 70% in technical evaluation will be considered eligible for financial evaluation
Technical Evaluation Criteria (Total 70 marks):
- Academic (20 marks)
- Technical / Experience (50 marks)
Financial Evaluation (Total 30 marks):
All technically qualified proposals will be scored out 30 based on the formula provided below. The maximum points (30) will be assigned to the lowest financial proposal. All other proposals receive points according to the following formula:
p = y (μ/z)
Where:
- p = points for the financial proposal being evaluated
- y = maximum number of points for the financial proposal
- μ = price of the lowest priced proposal
- z = price of the proposal being evaluated
All interested candidates must submit their CVs (including 3 referees) together with their financial proposal.
Competencies
Knowledge Management and Learning
- In-depth practical knowledge of inter-disciplinary development issues
- Excellent Training and Mentoring Skills
Development and Operational Effectiveness
- Ability to lead strategic planning, change processes, results-based management and reporting
- Ability to apply development theory to the specific country context to identify creative, practical approaches to overcome challenging situations
Management and Leadership
- Builds strong relationships with clients, focus on impact and result for the client and responds positively to feedback
- Consistently approaches work with energy and a positive, constructive attitude
- Ability to manage complexities
- Ability to lead effectively, mentoring as well as conflict resolution skills
- Demonstrates strong oral and written communication skills
- Remains calm, in control and good humoured even under pressure
- Proven networking, team-building, organizational and communication skills
Required Skills and Experience
Qualification
- Advanced University Degree in Law, Governance, Economics, Development or related areas
Experience
- At least 10 years experience in Extractive Industries, Law, Governance and/or Economic research. Experience in Law and Natural Resource Management would be an added advantage.
- At least 5 years’ experience leading policy research
Language Requirement
- Fluency in English
FC: 04210