UNDP GEF Jobs - 58569- Legal and Policy Support for Protected Areas Expan

Legal and Policy Support for Protected Areas Expansion in Swaziland

Advertised on behalf of

UNDP GEF

Location :

Mbabane, SWAZILAND

Type of Contract :

Individual Contract

Starting Date :

01-Oct-2015

Application Deadline :

10-Aug-15 (Midnight New York, USA)

Post Level :

International Consultant

Duration of Initial Contract :

50 working days spread out in the duration of 11 months (October 2015 to July 2016

Languages Required :

English

Expected Duration of Assignment :

50 working days spread out in the duration of 11 months (October 2015 to July 2016

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

Swaziland’s formal Protected Areas (PAs) cover approximately 4% of the country’s total land area, and are relatively rich in biodiversity with their share of endemism as represented in various ecosystems. Furthermore, the country has set targets for the conservation of its ecosystems and species in line with the National Development Strategy (Vision 2022) and other international targets such as the Aichi Targets under the auspices of the Convention on Biological Diversity. While some of the critical ecosystems and species are found in existing PAs, some are found in areas where there is prone to unstainable utilization and overexploitation of resources, thereby threatening livelihoods and impeding sustainable development. PAs play a major role in the protection and maintenance of ecological systems, biodiversity, and cultural and aesthetic resources in the country. Various Conventions and legislation are key in the maintenance of Swaziland’s biodiversity including the Swaziland National Trust Commission (SNTC) and the Flora Act and the categorisation and expansion of the areas is significant to the management of the country’s rich biological, scenic and cultural diversity.

The Strengthening National Protected Areas Systems (SNPAS) in Swaziland is a six year (2014-2020) Project funded by GEF aims at developing, expanding and effectively managing the capacities of Swaziland’s PAs network in order to adequately protect the biodiversity. This will be undertaken through the “landscapes” approach towards sustainable development and will involve integrated land and natural resource management that transforms the current PA patchwork into network and enhance vulnerable communities’ livelihoods, in particular those adjacent to the PAs.

The SNPAS Project has been organised around three (3) Components: (i) knowledge-based platform operationalised at the national, regional and community levels to address current and emerging threats to PAs and biodiversity conservation; (ii Expansion of PA network, and (iii) strengthening PA functioning through improved conservation management and operational support for existing and new PAs, including both formal and informal. The PAs will be established and managed in critical biodiversity areas as clusters, with options for integrating different sites that are managed by the Government of Swaziland (GoS), the private sector and local communities. Under this approach, PAs will be established and managed by the State, private landowners and communities in proximity to one another, and enable a matrix of complemental land-use activities across board.

In this regard, the Ministry of Tourism and Environmental Affairs (MTEA) seeks the technical services of a consultant to undertake a Protected Areas Legal Assessment for Swaziland which will inform the expansion of the Protected Areas network in Swaziland under Component (ii) of the SNPAS Project.

Objective:

To conduct a comprehensive assessment of the country’s legal framework and systems and facilitate the gazetting of the proposed PAs under the SNPAS Project. This will also involve the development of PA categorization guidelines and establishment of criteria for formalisation, leading to the expansion from 3.9% to 6.4% of (PA) coverage.

Scope:

The assessment with involve review of the international, regional and national instruments and legislation provisions for Protected Areas (PA) and of the different types of Protected Areas in Swaziland and establish coverage of PAs in the country for both formalised and informal entities. The identified formalised and informal PAs will then be categorised and enabled with guidelines and Agreements through an informed gazetting process.

Duties and Responsibilities

Working under the guidance of the Swaziland National Trust Commission, SNPAS Project Technical Committee with day-to-day support from the National Project Manager, the Legal Expert will:

Review the international, regional and national instruments and frameworks for Protected Areas categorization according to the IUCN guidelines;
Conduct a desktop review of the Protected Areas International, Regional and National framework and their provisions in light of the proposed network expansion;
Conduct the feasibility studies on proposed informal PA for gazetting. Work with the PMU to produce the PA maps (both informal and formal);
Provide legal and policy recommendations for categorisation of PAs in the country, and working through the SNTC and other stakeholders, categories both the formal and informal PAs;
Provide legal and policy recommendations for gazetting of six (6) informal sites and formulation of Agreements to enable new PAs and investments that could include, reintroduction of native species, new conservation management infrastructure and costs ensued;
Work through the Ministry of Justice and Constitutional Affairs to draft Gazettes and Agreements (PA and Game Management, Eco-tourism Traversing, and Product-harvesting Quotas and Harvesting Permits and Enforcement Structures) according to the Government of Swaziland legal provisions for PA;
Ensure integration of cultural, socio-economic issues and gender considerations in the Protected Areas expansion process.

Competencies

Core Competencies:

Demonstrates integrity by modelling the UN’s values and ethical standards;
Promotes the vision, mission, and strategic goals of the UN;
Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
Treats all people fairly without favouritism;
Fluency in written English, and knowledge of SiSwati will be an added advantage.

Functional Competences:

Knowledge of Biodiversity Conservation and PAs legislative framework as well as institutional capacity management requirements;
Proven knowledge of the Protected Areas in Africa/southern Africa (and Swaziland) and in support to country process implementation;
Familiar with the different PA categorise, stakeholders and their statutory legal management arrangements;
Knowledge of the Access and Benefits approach to Conservation Management.

Required Skills and Experience

Education:

A university degree in Environmental Law (preferably LLB, LLM), Resource Management or related discipline.

Experience:

At least 10 years of experience in Environmental legal practice (preferably in the context of PA management);
At least 5 years of demonstrable project/programme management experience;
Working experience with Government line ministries, national or provincial institutions concerned natural resources management or biodiversity management;
Experience with community-based natural resource management (CBNRM) mechanisms;
Demonstrated track record working on environment or natural resources management;
Advisory experience in effective PA management would be an asset;
Knowledge of Regional or Swaziland PA policy and legislative framework management system will be an added advantage.

Language:

Fluency in written English, and knowledge of SiSwati.