UNDP Jobs - 59408- Legal Consultant to Provide Legal Support for the

Legal Consultant to Provide Legal Support for the Drafting Instructions on the Protected Area Bill

Location :

Port Moresby, PAPUA NEW GUINEA

Type of Contract :

Individual Contract

Starting Date :

14-Sep-2015

Application Deadline :

04-Sep-15 (Midnight New York, USA)

Post Level :

National Consultant

Duration of Initial Contract :

9 months

Languages Required :

English

Expected Duration of Assignment :

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 Conservation & Environment Protection Authority (CEPA) formulated its National Policy on Protected Areas that was endorsed by the National Executive Council (NEC) on the 11th December 2014, after extensive stakeholder consultations. The Protected Areas Policy aims to give equal importance for conservation and economic development in the country and provides the impetus for CEPA to review different Acts administered by CEPA as well as draw linkages to ongoing legislative reviews from other sectors – mining and petroleum, fisheries, forestry including other relevant sectors. Furthermore, the policy provides for decentralized roles and responsibilities under the Organic Law on Provincial and Local Level Governments amongst others. This is important as the policy outlines systematic processes of establishing different types of Protected Areas tailored to the unique context of PNG to guide communities, organizations and agencies to harmonize efforts for biodiversity conservation. The new policy embraces an innovative approach that seeks to improve protected area management through improving financing that links environmental sustainability and human development efforts to protect the country’s natural and cultural heritage, for both terrestrial and marine ecosystems.

The policy paved the way for CEPA to commence the legislative review at the end of 2014 and the outcomes of the legislative review were workshopped by the PNG Environment Law Working Group in June this year as part of the process of establishing a legislative framework for protected areas. A key outcome of the workshop was the endorsement of a set of recommendations for the drafting instructions, provided by the legislative review.

These Terms of Reference are for a legal resource person to guide and progress the process of drafting the instructions for a new Protected Area Bill.

An Association of volunteer experts in environment law and conservation practitioners.

Duties and Responsibilities

The objective of this Consultancy is to provide legal support and oversight as the resource person of the process of Drafting Instructions on Protected Area Statutes.

Scope of Work

The process to guide the Drafting Instructions has been tentatively mapped out as follows:

Support in the formulation of the Drafting Instruction on Protected Areas;
Facilitate the establishment of a team in CEPA;
Develop a strategic plan to monitor and guide the legislative process;
Facilitate a decision to use either specially appointed legislative drafter or otherwise use the processes available from the Legislative Counsel.

Facilitate with CEPA the establishment of a consultative process that will include:

Public consultation;
Workshops;
Peer-review.
Develop and finalize the Lay-draft on the basis of the above consultative process;
Responsible for the Final draft of Lay instructions to the Legislative Counsel;
Lead the preparation of the NEC Submission with supporting documentation.

Approach

It is envisaged that methodologies/documentations below will be undertaken for this assignment:

Knowledge of the Protected Areas Policy Key Elements and any linked Policies, initiatives (capacity assessments) and reforms that are in progress that will impact on the implementation of the PA Policy – particularly those having legal implications; and
The process as outlined for the consultative process highlights the need for extensive consultations as was undertaken during the formulation of the Protected Area Policy.

Expected Outputs and Deliverables

Deliverables/Outputs, Estimated Duration to Complete and Payment %:

Detailed Strategic plan developed in order to monitor and guide the legislative process;
To be completed Within a week after signed contract;
Payment: 25%.

Draft bill as a basis for the consultative process:

To be completd by week 10;
Payment: 20%.

Final draft of lay instructions to the legislative counsel:

To be completed by week 14;
Payment: 20%.

NEC Submission with supporting documentation:

To be completed by end of May 2016;
Payment: 35%.

Competencies

Functional Competencies:

In-depth understanding of PNG governance at all levels that are required to support communities to manage protected areas;
Strong and proven research and analytical skills;
Initiative and ability to organize work independently, but also to work as part of a team;
Proven ability to deliver quality output working under tight deadlines;
Ability to communicate effectively and to facilitate discussions at the senior level with government officials and the development community.

Required Skills and Experience

Education:

Minimum postgraduate degree in Law or related discipline.

Experience:

At least 10 years of relevant experience in carrying out high level analytical work on resource management, development policies and strategies and project implementation;
Relevant legal and working experiences and deep understanding of PNG legal framework and resource laws as they relate to protected areas;
In-depth understanding of PNG governance at all levels that are required to support communities to manage protected areas.

Language:

Excellent command of written and spoken English.

How to Apply:

Interested individual consultants must submit the following documents/information to demonstrate their qualifications:

Proposal:

Explaining why they are the most suitable for the work;
Provide a brief methodology on how they will approach and conduct the work (if applicable).
Financial proposal;
Personal CV including past experience in similar projects and at least 3 references.

Financial Proposal

Lump sum contract. The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in installments or upon completion of the entire contract). Payments are based upon output, i.e. upon delivery of the services specified in the TOR. In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount (including travel, per diems, and number of anticipated working days).

Travel

All envisaged travel costs must be included in the financial proposal. This includes all travel to join duty station/repatriation travel. In general, UNDP should not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so using their own resources.

In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultant, prior to travel and will be reimbursed

Evaluation

Individual consultants will be evaluated based on the following methodology:

Cumulative analysis: When using this 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;
Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation.
Technical Criteria weight [70%];
Financial Criteria weight [30%].

Only candidates obtaining a minimum of 75 point would be considered for the Financial Evaluation.

All proposals should be submitted at the following address P.O. Box 1041 Port Moresby, PNG; or by email to emily.fajardo@undp.org no later than 28 August 2015.