UNDP Jobs - 53197- National Consultant for the Review of Consultation

National Consultant for the Review of Consultation and Participation Processes, and Response Mechanisms in the Context of REDD+

Location :

Colombo, SRI LANKA

Type of Contract :

Individual Contract

Starting Date :

15-Feb-2015

Application Deadline :

30-Jan-15 (Midnight New York, USA)

Post Level :

National Consultant

Duration of Initial Contract :

Three months (60 days within the period)

Languages Required :

English

Expected Duration of Assignment :

Three months (60 days within the period)

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence. UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

Background

The UN-REDD Programme is a collaborative initiative on Reducing Emissions from Deforestation and Forest Degradation (REDD+) in developing countries. The Programme was launched in 2008 to assist developing countries prepare and implement national REDD+ strategies, and builds on the convening power and expertise of the Food and Agriculture Organization of the United Nations (FAO), the United Nations Development Programme (UNDP) and the United Nations Environment Programme (UNEP).

As a partner country of the UN-REDD Programme, Sri Lanka is committed to develop the necessary capacity to implement REDD+ through the UN-REDD National Programme (NP). The NP will contribute towards ensuring that Sri Lanka is prepared to participate effectively in the REDD+ mechanism resulting from the UNFCCC negotiations, by focusing on key initial elements of REDD+ readiness.

The overall objective of the UN-REDD NP is to “support the Government of Sri Lanka in catalyzing the establishment of key mechanism and process and development of capacities, required to implement REDD+.” This objective will be secured through the following five Outcomes:

National Consensus reached on the Sri Lanka REDD+ programme;
Management Arrangements contributing to the National REDD+ Process defined;
Improved Stakeholder Awareness and Effective Engagement;
National REDD+ Strategy and Implementation Framework developed;
Forest Monitoring System for REDD+ Activities developed.

In the context of safeguards, the Cancun Agreements[1] (Decision 1/CP. 16) of the United Nations Framework Convention on Climate Change (UNFCCC) call for:

Transparent and effective national forest governance structure, taking into account national legislation and sovereignty;
The full and effective participation of relevant stakeholders, in particular indigenous peoples and local communities, in actions referred to in paragraphs 70 and 72 of this decision.

In many countries, these safeguards necessitate strengthening existing consultation and participation processes, and response mechanisms. The key premises for the former are authentic representation of stakeholders, and clear channels for informed decision-making. The latter should provide an accessible, rapid, and effective response to concerned stakeholders, especially to vulnerable groups who often lack access to the formal legal system.

In addition, the Durban Outcome[2] (Decision 12/CP.17) states that a Safeguards Information System (SIS) should provide information on how all Cancun safeguards are addressed and respected. This was reiterated by the Warsaw Framework[3] for REDD+ (Decision 12/CP.19), that requires countries to submit, among others, SIS summaries before they can receive results-based financing.

The work to be conducted under these ToRs approaches the analysis of safeguards at three levels: the legal, institutional and compliance framework. The legal framework consists of policies, laws, regulations, in addition to other policy instruments. The institutional framework is concerned with the institutions and the relevant processes for implementing the safeguards. The compliance framework includes grievance redress, and also information collection and the mechanisms to address non-compliance.

For the purpose of these ToRs, consultation and participation processes are to be understood as organizational systems that enable stakeholders to be fully informed about the risks and benefits of, and where relevant, to be involved in making decisions regarding possible REDD+ actions prior to implementation. Such consultation and participation process can be formal government mechanisms or also informal mechanisms established by other implementers of REDD+ actions.

In this context, response mechanisms for grievances, disputes or complaints are defined as organizational systems and resources established by government agencies or other implementers of REDD+ actions. These include non-compliance mechanisms and also mechanisms for grievance redress receive and address concerns about the impact of policies, programs and operations on external stakeholders. Formal response mechanisms, derived from legislative and judiciary bases, are embedded into regular governmental development planning procedures and processes, including resource allocation. Informal response mechanisms, on the other hand, complement such formal legal channels for grievances, disputes or complaints.

Scope and Objectives

Objectives

The objectives are to:

Assess the effectiveness of the following as related to land use:

Existing consultation and participation processes; and
Response mechanisms for grievances, disputes or complaints.

Identify potential grievances, disputes or complaints that may arise during REDD+ readiness and implementation phases; and

Provide recommendations to strengthen full and effective participation of stakeholders through existing or new consultation and participation processes, including response mechanisms in land use, in preparation for REDD+ implementation.

Scope

A team of consultants (one international and one national expert) will deliver the work. The International and National Consultants will function as a team, with the work led by the International Consultant. The National Consultant will cover the following role:

Provide inputs to the International Consultant for developing a work plan including proposed methodology;
Provide inputs to the International Consultant for developing or adapting a set of principles to analyse the gaps, and effective implementation of consultation and participation processes and response mechanisms, including a set of criteria to review legal and regulatory frameworks, as appropriate;
Organise and carry out interviews, focus group discussions, and workshops under methodological guidance from the International Consultant;
Provide inputs to the International Consultant for developing the final report; and
Prepare the International Consultant’s two missions to Sri Lanka jointly with the PMU.

The consultants should combine a variety of methodologies such as, but not limited to desk review; interviews, focus group discussions with key representatives from relevant government institutions and agencies, civil society, community-based organisations, private sector, donors, projects and others. The consultants should also refer to the results of a regional REDD+ analysis[4] that included Sri Lankan stakeholders’ responses to the quality and level of implementation of grievance mechanism for natural resource management. The work will likely also include one or several workshops for consultation and validation towards the end of the assignment.

The team will work under the direct supervision and guidance of UNDP Technical Advisor, the Chief Technical Advisor, with additional guidance from the UNDP Program Officer and UN-REDD Programme Regional Advisors.

[1] The full text of Cancun Agreements, including paragraphs 70 and 72 is available here.

[2] The full text of Durban Outcome is available here.

[3] The full text of Warsaw Framework for REDD+ is available here.

[4] The results and methodology of this regional REDD+ analysis is available at http://dataforall.org/dashboard/un_redd/.

Duties and Responsibilities

The tasks of the team of consultants are the following:

Activity 1: Conduct an assessment of existing consultation and participation processes, and response mechanisms for grievances, disputes or complaints in land use

Review and assess current legal and regulatory frameworks for consultation and participation processes, and response mechanisms for grievances, disputes or complaints, specifically in the land-use sector, and broadly in other related sectors;
Review and analyse existing consultation and participation processes to engage with relevant stakeholders, including different engagement approaches such as information sharing, consultation, collaboration, joint decision making and empowerment;
Identify and analyse historical and current types of grievances, disputes or complaints in the forest and land-use sector. Differentiate types based on national, provincial and local levels;
Identify key stakeholders and their interaction with formal response mechanisms for grievances, disputes and complaints. This should also include informal mechanisms, particularly those resolved through constructive dialogue, negotiation, mediation, joint fact-finding and collaborative problem solving; and
Identify and evaluate current capacities in the government and the civil society to use consultation and participation processes and response mechanisms.

Activity 2: Identify potential grievances, disputes or complaints that may arise during REDD+ readiness and implementation phases

Identify potential grievances, disputes or complaints that may arise during REDD+ implementation, such as, but not limited to, policies and measures to address land-use changes; the allocation of resources; and
Assess effectiveness of current consultation and participation processes and response mechanisms to address and resolve anticipated grievances, disputes or complaints at national, provincial and local levels.

Activity 3: Provide recommendations to strengthen full and effective participation of stakeholders through existing or new consultation and participation processes, including response mechanisms in the forest and land-use sector, in preparation for REDD+ implementation.

Propose specific interventions related to the results of Activity 1, including measures related to:

the legal and regulatory frameworks for consultation and participation processes, and response mechanisms, if any;
strengthening consultation and participation processes;
strengthening existing or establish new response mechanisms at the national, provincial and local levels, incorporating where appropriate, effective practices, such as clarification of roles and responsibilities;
development of corresponding functional and technical capacities for items (i) to (iii); and
other functional and technical capacities.

Formulate recommendations to track and monitor effective implementation of consultation and participation processes, and response mechanisms, including with a view on the safeguards information system.

Expected Outputs

The key outputs to be delivered are the following:

Input to a work plan in support of the International Consultant; and

Contributions to a final report in support of the International Consultant. Although to be defined during inception, the report may have a maximum of 30 pages, excluding annexes and bibliography, and may consist of:

Executive Summary (3 pages);
Introduction (1 page);
Methodology (2 pages);
Analysis of existing legal and regulatory frameworks for consultation and participation processes, and response mechanisms for grievances, disputes and complaints in the forest and land-use sector (5 pages);
Analysis of the effectiveness[1] of implementation of consultation and participation processes, and response mechanisms for grievances, disputes and complaints (5 pages);
Anticipated grievances, disputes or complaints related to REDD+, and effectiveness of existing response mechanisms to address these (6 pages);
Recommendations for capacity-development needs in preparation for effective REDD+ implementation, such as, but not limited to, legal and regulatory frameworks, technical and functional capacity development needs (8 pages).

[1] Effectiveness is defined as the achievement of the goals and objectives of the intended processes and mechanisms.

Competencies

Technical work

Ability to work effectively in a cross cultural environment and in a team;
Strong facilitation and coordination skills;
Strong analytical, writing and communication skills, including the ability to articulate ideas in a clear and concise manner (e.g. a record of publication);
Good understanding of forestry, biodiversity conservation, natural resource management at national and local levels.

Partnerships

Ability to seek and apply knowledge, information and best practices from multiple sectors;
Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
Excellent written communication skills, with analytic capacity and ability to synthesize relevant collected data and findings for the preparation of case studies and progress reports;
Excellent leadership, coordination and team working skills.

Results

Builds strong relationships with clients, focuses on impact and result for the client and responds positively to feedback;
Good team player who has ability to maintain good relationships.

Required Skills and Experience

Education

A master’s degree in law with a focus on natural resource management, environmental economics,

Experience

A minimum of 10 years of working experience in government planning and consensus building on issues related to forests and natural resource;
Experience in design and/or use of formal or informal response mechanisms is an advantage.
Familiarity with UN-REDD Programme or REDD+ initiatives is an advantage.

Language

Proficiency in both spoken and written English, and Sinhala/Tamil.

How to Apply

The application should contain:

Cover letter explaining why you are the most suitable candidate for the advertised position and a brief methodology on how you will approach and conduct the work, including a tentative table of contents for the final report.
Updated CV to include qualifications/competencies and relevant past experience in similar projects and name/contact details of 2 professional referees who can validate and recommend your professionalism, competencies and suitability to undertake this assignment.
Individual consultants will be evaluated based on a combination of a desk review of the CV, the draft work plan and the offer that provides the best value for money. (please refer and adopt the financial model format provided below in your financial offer). The Evaluation Panel may decide to call for an interview (face to face or telephone) if required;
Please duly fill the below financial proposal and attach to the last page of the CV along with all other required documentation above;
Please group all your documents into one (1) single PDF document as the system only allows to upload maximum one document.

Financial Proposal

The Post of National Consultant for the review of consultation and participation processes, and response mechanisms in the context of REDD+

Please provide a breakdown of the all-inclusive cost for Work Plan LKR............................
breakdown of the all-inclusive cost for the Final report LKR.......................................
All Inclusive Lump Sum Fee: LKR.......................................

Note:

Payments will be based on invoices on achievement of agreed milestones i.e. upon delivery of the services specified in the TOR and certification by the UNDP. The applicant must factor in all possible costs in his/her “All Inclusive Lump Sum Fee” financial proposal including his/her consultancy and professional fee, communication cost such as telephone/internet usage, printing cost, ad-hoc costs, stationery costs. No costs other than what has been indicated in the financial proposal will be paid or reimbursed to the consultant. While in Sri Lanka, any travel outside of the duty station will be with prior approval of the Assistant Country Director.

For an Individual Contractor who is of 62 years of age or older, and on an assignment requiring travel, be it for the purpose of arriving at the duty station or as an integral duty required under the TOR, a full medical examination and statement of fitness to work must be provided. Such medical examination costs must be factored in to the financial proposal above.

The UNDP will provide and cover the following costs:

Actual costs for travels outside duty station will be reimbursed on actual basis and upon submission of invoices.

The payments will be made in instalments;

On submission of inputs to Work Plan 20%;
On submission of inputs to the Draft Report 30%;
On submission of inputs to the Final Report 50%.