UNDP Jobs - 55722- International Technical Advisor on Legal Issues

International Technical Advisor on Legal Issues

Location :

Home-based assignment

Type of Contract :

Individual Contract

Starting Date :

01-Jun-2015

Application Deadline :

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

Post Level :

International Consultant

Duration of Initial Contract :

June 2015 - November 2015

Languages Required :

English

Expected Duration of Assignment :

20 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

The Adaptation Fund project on “Addressing Climate Change Risks to the Farming Systems of Turkmenistan at national and local levels” is implemented in cooperation with UNDP and MNP of Turkmenistan. The project aims to overcome barriers to achieve greater efficiency and productivity of water in the conditions of aridity caused by climate change. The project will seek to strengthen water management at national and local levels, in response to the risk of water shortages for local farmers due to climate change. The project is a multi-pronged approach to achieving this goal by combining the national water policy with the activities at the community level in order to improve water services and water efficiency.

The main objective of the project is to strengthen water management practices at the local and national levels in response to climate change, water shortages caused by risks, which are increasingly affecting farming systems in Turkmenistan. The project will assess and deliver concrete measures to adapt to local water vulnerable communities in three typical agro-ecological regions, at the same time strengthening water legislation at the national level and water tariffs to ensure the availability of water for non-state sector farmers. This combination outcome will ensure that the specific actions taken by the resources AF will be sustained after the project period.

The project will be implemented in three pilot areas where the creation of local centers will provide project management.

Main outcomes and results of the assignment:

The first component of the project - a national expert in close collaboration with the international consultant prepared a review of the legislative and regulatory standards for water management in Turkmenistan, developed recommendations on amendments and supplements to the Code of Turkmenistan "On Water" (2004), which were submitted to the Ministry of Water Resources of Turkmenistan; a package of recommendations on amendments and additions to the Law of Turkmenistan "On farmers' associations" was developed. The package of documents on amendments and additions to other relevant laws and regulations.
The researches have been conducted in the three pilot areas to study of the existing traditional approaches to water management and to assess their strengths and weaknesses;
Together with an international project team the experience of establishing WUAs in Central Asia has been studied and the Concept of the Law of Turkmenistan on water users associations and a draft sample of the draft law "On water user associations" (WUA) has been designed; The regulatory framework for the implementation and use of public water supply in the pilot regions was designed; the legal basis for the implementation of the methodology of calculation of tariffs for the supply of water to local communities has been designed.
The studies have been made on the issues of improving fiscal and management approaches in the use of water in the public agricultural sector for support and implementation of highly effective irrigation technologies;
International expert on the basis of regional analysis has developed a brief explanatory note on the existing tariffs for irrigation water in Central Asia;
National expert in cooperation with the international economist, conducted extensive research on the socio-economic impacts of climate change impact on water resources and agriculture, including the social aspects of the economy on adaptation in the water sector.
Analysis was made of the program of Agriculture and Water Resources and their compliance with the objectives of adaptation approaches to climate change in the context of the increasing scarcity of water resources;
Based on the results of socio-economic research, together with national experts and international consultants on economics and legal issues draft proposals have been prepared for amending the Code of Turkmenistan "On Water" (2004). Project proposals included a proposal for the revision of water tariffs and other economic instruments, as well as there was shown a close connection with the plans for the use of land resources;
A draft proposals to improve water efficiency and long-term measures to achieve these goals;
Three pilot agro-ecological regions were given an objective assessment of the current situation and the efficiency of management of water resources, and to develop recommendations for improving the efficiency of water use;
A method has been developed for calculating water tariffs, national stakeholders have been identified and used by international best practices for the development of existing tariffs, including differentiated water tariffs, fiscal policies, and other cross-subsidization;
In cooperation with local communities the necessary adaptation measures have been designed aimed at overcoming the limitations of local production systems related to water scarcity.

In collaboration with the project manager of the Adaptation Fund and other national experts identifies the main strategic objectives and methods for further implementation project activities in accordance with the project document. For the implementation of the first project component, Adviser will help to develop recommendations on amendments and supplements to the Code of Turkmenistan "On Water" (2004), the draft law on the WUA / WUG and regulations for public water management at the local level, as well as Law of Turkmenistan “On farmers' associations”. In addition, he will continue to work with national experts on economic issues for the study of socio-economic impacts of climate change on the availability of water resources, including the assessment of the effectiveness of implemented adaptation measures.

Summing up the above said the main assignment activities will be:

Further implementation of the guidelines and rules of water user groups (WUGs);
Continued advice and recommendations to the Code of Turkmenistan "On Land" (2004);
Assisting on the main provisions of the draft law "On pastures" and stemming from it regulations, including the draft statute for pasture users;
Assist in development of recommendations to the Law "On farmers' associations" in the field of land use, sustainable use of pastures and other resources;
Under the direct supervision of the AF project manager, the role of the consultant will be to study and apply international best practices to promote efficient use of water resources in Turkmenistan;
Provide legal grounds for all the above documents using the Master Plan (MP) for 2015 - 2016, developed according to the needs of local communities and in the context of climate change ;
Provide technical advice and assistance to the project manager, project team of national experts and other consultants of the project;
Provide overall guidance for the implementation of advisory components of the project and coordinate the work of international and national experts;
Ensure the integrity of the technical direction of the project and flexibility in solving practical problems faced by the project during the implementation of adaptation measures;
Assist in providing overall strategic guidance for the implementation of key project activities;
Offer assistance in adopting the measures to build the capacity of implementing partners and national stakeholders.

Duties and Responsibilities

Working under the guidance of Programme Specialist of the Environment Programme, AF Project Manager - International Technical Advisor for Legal Issues, will have to cover the following technical and operational issues:

Technical issues:

Finalize development of guidelines and rules of water user groups (WUGs);
Review recommendations of the national legal expert for the Code of Turkmenistan "On Land" (2004) and provide further advice;
Provide recommendations on the main provisions of the draft law "On pastures" and stemming from that law develop secondary legislation, including the draft of the Statute of Pasture Users;
To make recommendations to the Law "On farmers' associations" in the field of land use, sustainable use of pastures and other related resources.

Assist national project experts in the following:

Provide recommendations to strengthen the draft law on the WUA / WUG;
Finalize regulations on public management (WUA) of water resources at the local level;
Review changes and additions to the Law of Turkmenistan "On farmers' associations" and provide recommendations;
To assist in the finalization of the legal framework for the implementation of the methodology of calculation of tariffs for the supply of water resources to local communities.

Operational functions:

Develop a detailed work plan with clear timetable, names of districts (etraps) and expected results;
To conduct analysis and drat lessons-learnt on the basis of the results obtained during the assignment;
Promote capacity building of the project team and key national partners through the way of consultations and assistance in the use of various tools for the sharing of experience and knowledge in conducting trainings, seminars, skype - conferences, as well as through electronic discussions, etc.

Other initiatives and activities:

To support, advise and work together with the national expert on legal issues;
Provide methodological assistance in the preparation of comments and recommendations on legal issues, as well as thematic reports and materials;
Take an active part in the preparation of planning and implementation of project documents and project reports;
Prepare a report on the implementation of the Terms of Reference confirming the main conclusions.

Results and timetable of the assignment:

Outcomes and a tentative schedule of the assignment will be prepared after the signing of the contract for consultancy services. The final timetable of the assignment will be agreed with the project manager at the beginning of the assignment.

Deliverables and timeframe:

A detailed work plan for carrying out the works will be developed and agreed with the AF project manager and UNDP - end of June 2015;
Finalized rules of water user groups (WUGs); Advices and recommendations to the Code of Turkmenistan "On Land" (2004) - end of July or mid-August 2015;
Recommendations on the main provisions of the draft Law on Pastures and secondary legislation stemming from it, including the draft of the Charter of pasture users - end of September 2015;
Recommendations to the Law “On farmers' associations” in the field of land use, rational use of pastures and other related resources - end of October 2015.
Lessons learned - end of November 2015.

Payment terms:

According to the contract, the payment will be a lump sum, which include the cost of consultation services required to obtain the above results;
Payment will be made in one installment (100%) in accordance with the final results according to ToR, which must be certified by the AF Project Manager and certified by Programme Specialist, UNDP Environment Portfolio.

Competencies

Corporate competencies:

During writing the reports take into account cultural, historical, religious, national and age, sexual peculiarities of the country;
Contribute to the achievement of AF project objectives and strategic goals of UNDP;
Demonstrates integrity and ethical standards..

Functional competencies:

Strong analytical and research skills;
Knowledge of English, excellent presentation skills;
Good writing skills and computer skills;
Good performance discipline;
Ability to work in a team;
A positive, constructive attitude.

Technical

Good understanding of climate change issues. Outstanding time management, organizational and interpersonal skills.

Required Skills and Experience

Education:

Scientific degree (Master's level, which is equivalent to or above) in environmental law, or other related fields of study.

Experience:

At least, not less than seven years of practical experience in legal issues related to the management of water resources;
Experience and deep understanding of the processes of climate change, agriculture and water resources in general;
Proven experience in the development of legal and legislative framework for the effective use of water resources;
Experience in developing countries and the CIS countries is an advantage.

Languages:

Excellent command of English (oral and written);
Good knowledge of written and spoken Russian language is an advantage.

Evaluation of Applicants:

Applicants will be assessed in accordance with an assessment of their technical qualifications (70%) and financial proposal (30%). Only successful candidates will be notified of their success.

Submission of applications:

All applicants must submit a detailed methodology, with milestones, tasks, methods, techniques, work, time, resources, and the availability of tools to be applied to the successful completion of the assignment;
All applicants must provide a detailed, elaborate and financially justified on the basis of a lump sum, which should include: consulting fee, administrative costs (if applicable), travel expenses (if applicable) or any other costs if the applicant considers during the implementation of the assignment;
In addition, the applicants must submit a Letter to UNDP Confirming Interest and Availability for the Individual Contractor Assignment. Template can be found at http://www.tm.undp.org/content/turkmenistan/en/home/operations/jobs/ ;
Resume (curriculum vitae) with the inclusion of work experience in similar projects in recent years;
Filled P11 form including past experience in similar projects and contact details of referees. Template can be found at http://www.tm.undp.org/content/turkmenistan/en/home/operations/jobs/;

Please note that UNDP jobsite system allows only one uploading of application document, so please make sure that you merge all your documents into a single file.

Additional requirements for recommended contractor

Recommended contractors aged 62 and older, and if the travel is required, shall undergo a full medical examination including x-ray, and obtain medical clearance from the UN-approved doctor prior to taking up their assignment. The medical examination is to be cleared by the UN physicians, and shall be paid by the consultant.