UNDP Jobs - 54128- International Consultant for Technical Assistance

International Consultant for Technical Assistance on Draft Model Investment Treaty and Responsible Investment

Location :

Yangon, MYANMAR

Type of Contract :

Individual Contract

Starting Date :

09-Mar-2015

Application Deadline :

03-Mar-15 (Midnight New York, USA)

Post Level :

International Consultant

Duration of Initial Contract :

Languages Required :

English

Expected Duration of Assignment :

16 Working Days

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

UNDP Pillar II “Environmental Governance and Disaster Resilience” incorporates the UNDP-UNEP Poverty Environment Initiative (PEI) as part of its Environmental Governance Output. The objective of PEI in Myanmar is to support the Directorate of Investment and Company Administration (DICA) and related government agencies to manage and monitor investment in natural resources. Legal frameworks influence the quality of investments by creating space for inclusive deliberation on the models of investment worth pursuing, and by setting the terms and conditions for balancing the social, environmental and economic considerations at stake.

Myanmar’s national economy is presently dependent on heavy extractives, with oil and gas and mining representing around 40% of foreign investment (DICA 2014). Large natural resource projects can bring cleaner technologies and better management practices, but many have degraded the environment. Increased investment can create new livelihood opportunities that help reduce poverty, but if not done properly, can also dispossess poor people of their land and access to natural resources. Given the potential for both positive and negative outcomes, it is increasingly accepted that investment quality is critical in ensuring that foreign investment contributes to sustainable development (UNDP and UNEP, 2011). A variety of international principles and guidelines exist to support businesses and investors globally to engage in sustainable and responsible business practices (UN Guiding Principles on Business and Human Rights, IFC Performance Standards, OECD Guidelines for Multinational Enterprises).

International investment treaties (IITs) are an aspect of a country’s legal framework with a strong link to sustainable development, and therefore to environmental governance. IITs are concluded bilaterally or regionally/multilaterally with the aim of promoting FDI by nationals of one state into another state. IITs have the potential to help governments balance multiple policy goals: protecting foreign investment while preserving policy space for the government to act in the public interest, such as protecting the environment and public health. IITs also constrain what governments can and cannot do within their jurisdiction.

During 2014, technical assistance was provided through UNDP Myanmar to the Directorate of Investment and Company Administration (DICA), which is the government focal point for IITs and the Union Attorney General’s Office (UAGO) which provides legal review and commentary across government, to develop a draft model IIT.

UNDP Myanmar is now recruiting an international consultant to provide training on the use and limits of Myanmar’s draft model IIT and to support government to improve the legal context for sustainable responsible investment.

Duties and Responsibilities

Output 1 is to provide on-the-job capacity building to DICA staff, and to facilitate a workshop, on the uses and limits of the model investment treaty in negotiation;
Output 2 is to provide on-the-job capacity building to DICA staff to strengthen legal frameworks around investment which can encourage responsible investment and standards of behavior for investors, either through national laws or the use of international guidelines;
Output 3 is to prepare a discussion paper on current and future trends of international treaties and other legal instruments, to help inform the Government of Myanmar on the full spectrum of legal options available to govern investments. The discussion paper should support government staff to understand how investors apply IIT conditions, and should help decision makers to consider the long-term impact of IITs on the country’s development.

Competencies

Corporate Competencies:

Demonstrates integrity by modeling the UN’s values and ethical standards and acts in accordance with the Standards of Conduct for international civil servants;
Advocates and promotes the vision, mission, and strategic goals of UNDP;
Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
Treats all people fairly without favouritism.

Functional Competencies:

Good knowledge of the natural resource management particularly lake and watershed management, the concept of sustainability and sustainable development in the region and developing countries;
Ability to quickly grasp and synthesize inputs from a range of disciplines related to sustainable financial mechanism for environmental conservation;
Excellent communication and interpersonal skills and team oriented work style.F
Ability to advocate and provide technical advice on the relevant sector/theme;
Ability to communicate effectively and to facilitate discussions at the senior level with government officials and the development community;
Self-motivated, ability to work with minimum supervision;
Promotes a knowledge sharing and learning culture in the office;
Sensitivity to and responsiveness to all partners, respectful and helpful relations with all UN/UNDP staff;
Consistently approaches work with energy and a positive, constructive attitude;
Remains calm, in control and good humoured even under pressure;
Demonstrates openness to change and ability to manage;
Proven ability to deliver quality output working under tight deadlines.

Required Skills and Experience

Educational Qualification:

At least a Master’s degree and qualifications in the area of sustainable business, natural resource and investment law, or other related field.

Working Experience:

At least 5 years of relevant experience in law and related fields;
Good understanding of the environmental and social issues and impacts typically associated with international investment treaties;
Proven track record in research and technical advice and carrying out capacity development activities (organizing training, facilitating participatory discussions, etc);
Understanding and knowledge of Myanmar trade and investment trends and legal and regulatory framework would be an advantage;
Experience of working with government, UN and international organizations in drafting guidance for investment treaties and contracts in developing countries would be an advantage;

Language Requirement:

Fluent in English.