UNDP Jobs - 70344- Individual Consultant – Technical (Open To Indian

Individual Consultant – Technical (Open To Indian Nationals Only)

Location :

New Delhi, INDIA

Type of Contract :

Individual Contract

Starting Date :

06-Feb-2017

Application Deadline :

03-Feb-17 (Midnight New York, USA)

Post Level :

National Consultant

Duration of Initial Contract :

Till December 2017 with maximum 7 day per month.

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 Government of India has enacted legislations - Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA); Provision of the Panchayats (Extension to the Scheduled Areas) Act, 1996; and 73rd and 74th Constitutional Amendments for protection of rights of the most marginalized.

The Forest Rights Act (FRA) is crucial to the rights of millions of STs and other forest dwellers in an attempt to undo the historical injustice to the forest dwellers and recognize their individual and community rights in the forest areas along with need for their consent before considering the diversion of forest land.

The Ministry of Tribal Affairs has taken several proactive steps in addressing various issues impeding the implementing of FRA by amending the Forest Rights Rules, issuing guidelines to States and providing need based clarifications to the states. Despite these affirmative actions, there have been challenges in implementation of FRA at ground along with legal interpretations of FRA vis-à-vis other laws related to land. In addition, there have been incidences of Act violations or misinterpretation of the various provision of FRA by states while undertaking development projects in the forest areas.

In this backdrop, Ministry of Tribal Affairs (MoTA) require the services of a legal expert on tribal and land laws to support in drafting legal replies and articulation of Ministry’s legal position on various matters for submission to the concerned ministries/committees along with follow up on cases in the Supreme Court and the High Courts, as may be required

Duties and Responsibilities

The Legal Consultant will work under the overall supervision and direction of Joint Secretary, Ministry of Tribal Affairs and National Project Director, MoTA-UNDP project and will perform the following functions

Legal support to MoTA on legislations such as Forest Rights Act, PESA, Land Alienation etc. and other emerging tribal concerns - displacement, land issues with specific focus on:

Draft responses through affidavits and counter affidavits for cases where Ministry is a party/ respondent in various courts including High Courts and Supreme Court;
Follow-up on ongoing or new litigations pertaining FRA in Supreme Court and various High Courts;
Draft legal notes on the position of Ministry vis- a-vis FRA 2006 for various internal committees and correspondence with other Central Ministries;
Inputs in drafting operational guidelines and provide clarifications to ensure effective implementation of the Act.

Competencies

Functional Competencies

Ability to meet deadlines;
Demonstrates integrity and ethical standards;
Positive, constructive attitude to work.

Core Competencies:

Demonstrates commitment to UNDP’s mission, vision and values;
Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
Highest standards of integrity, discretion and loyalty.

Required Skills and Experience

Academic Qualification:

Degree in law or environmental sciences
Specialization in forest management, tribal issues, land alienation or related subjects.

Professional Experience:

Atleast 10 years of substantive engagement on the issues of legal rights for tribal community and other legislations recognizing the rights of tribal community, preferably in the Supreme Court and High Court
Experience of working with Government on the protective legislation for tribal communities.

Language Requirement: English and Hindi

Documents to be submitted:

Updated CV with contact details of three references ;
Financial Proposal specifying per day all-inclusive consultancy fee.

Payment Scheduled:

Payment would be done on monthly basis for the actual days worked on submission of progress report.

Cumulative analysis

The award of the contract shall be made to the individual consultant whose offer has been evaluated and determined as:

Responsive;

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 49 points (70% of the total technical points) would be considered for the Financial Evaluation.

Academic Qualification - 10 Marks
Experience of working on legal rights for tribal community and legislation - 30 Marks
Experience of practicing in the Supreme Court or High Court- 10 Marks
Experience of working with Central or State Government on protective legislations- 20 Marks

Please write to sandeep.sharma@undp.org for any clarification.