Antecedentes

The project “Addressing climate change risks to farming systems in Turkmenistan at national and local levels” is jointly implemented by United Nations Development Programme (UNDP) in Turkmenistan and the Ministry of Nature Protection of Turkmenistan (MNP).The project aims to overcome the above barriers to addressing immediate and long term adaptation needs in the water sector in Turkmenistan in order to achieve greater water efficiency and productivity under climate change induced aridification. The project therefore aims to strengthen water management practices at national and local levels in response to climate change induced water scarcity risks to local farming systems in Turkmenistan. The project takes a comprehensive approach towards achieving this objective by encompassing national level water policy and local community level action to improve water efficiency and supply services.

The main objective of the project is to strengthen water management practices at both local and national levels in response to climate change-induced water scarcity risks that are increasingly affecting farming systems in Turkmenistan. The project will assess and deliver concrete water adaptation measures to local vulnerable communities in the three typical agro-ecological regions, while also strengthening national level water legislation and pricing to ensure water availability for the non-state sector farmers. This combination of outcomes will ensure that concrete actions implemented through AF resources are sustainable beyond the lifetime of the project.

The project is implemented in three pilot regions with assistance of the local project management offices. According to the first phase of the project realization in 2013 the proposal on recommendations for the introduction of changes and amendments to the draft Water Code of Turkmenistan was prepared. The experience of water use and water distribution in Dayhan Association (D/A) “Zahmet” in the Sakarchaga pilot region was studied. On the basis of analysis of national legislation the proposal on a differentiated approach in determining the tariffs for water supply services is proposed to be introduced into the draft Water Code and additions to the draft concept of the Law of Turkmenistan on WUA.

Deberes y responsabilidades

Under the general guidance of the UNDP Programme Specialist on Environment and Energy, AF Project Manager and International Chief Technical Adviser- the International Consultant on Water Policy and Economic Instruments will be responsible for drafting a legal framework for creation and functioning of Water User Associations (WUAs) and/or similar public water management organizations based on international best-practices. International Consultant will develop recommendations for introducing changes and amendments into the current law of Turkmenistan “On Farmers’ Associations” in cooperation with the national expert for designing legal framework for Water User Associations (WUAs). In addition, the role of the International Consultant will be to study and recommend international best-practices in the area of water policy in climate change environments, in particular, enabling economic instruments to encourage water efficiency policies in Turkmenistan as well as conducting economic evaluation of Water User Associations and/or other similar public initiatives of water users.

The development of the legal framework for establishment of the above mentioned water user associations shall comprise the following technical and operational tasks:

Technical tasks: 

  • Conduct a full analysis of the available background and reference materials, including: the project document, the national Water Code (2004), national communications, recommendations prepared by the AF project legal experts, and plans related to water resources management laws and regulations; 
  • Define and use international best practices in the area of differentiated tariffs for water supply, budget, cross-subsidies, etc. and other tools to boost the efficiency of water use, which could be introduced in Turkmenistan taking into account local conditions;
  • Identify relevant international best-practices in the field of water reforms among several international models, in particular those which relate to the interests of local communities in water management issues and water tariffs in South Asia, including UNDP Water Governance Programme in Central and Eastern European and the CIS countries; 
  • Examine practices of fiscal arrangements and billing for an equitable distribution of water resources and promotion of the rational and efficient water use by large water consumers on the scale of a region or a particular river basin; 
  • Provide inputs to the national expert in designing mechanisms for the development of economic instruments in climate change environments and water use, in order to show the cost-effectiveness of various approaches and proposals;
  • Develop a package of normative recommendations for inclusion into the national Water Code based on economic data derived from studies on water use in climate change environments and various sectors of agriculture production, as well as best international practices and consultations with national stakeholders;
  • Develop a legal framework for a community based management of water resources in Turkmenistan and financial incentives for the efficient water use, in particular, the use of differentiated and progressive water tariffs; 
  • Develop recommendations, in cooperation with the national legal expert, for the national legal framework for the introduction of a number of the enabling economic instruments to promote water efficiency in Turkmenistan; 
  • Draft recommendations to the national water legislation dealing with adaptation to the increasing impacts of the climate change on water resources and its rational use; 
  • Provide consultations to the national expert in defining entry points for adoption of regulations developed by relevant ministries and departments; jointly with the national expert develop a document on the assessment of the socio-economic efficiency of investment activities in the project regions and help to define the economic levers of functioning of WUA sand other models of a community based water management, enabling financial mechanisms for local communities in the area of water conservation and rational use of irrigation water; 
  • Draft an evaluation of the economic cost benefits for establishing efficient water management system and social organizational structures to ensure a sustainable water supply to WUAs and other community based water resources management models; 
  • Draft a clear regulatory framework for the introduction and implementation of community-based water supply services in the project regions; 
  • Assist in the finalization of the draft of a legal framework for the introduction of new methods of calculation of tariffs for water supply services in local communities.

Operational functions: 

  • Develop a detailed work plan with clear indication of deadlines and the phases and expected outputs; 
  • Provide analysis and lessons-learned on the basis of the results obtained during the completion of the assignment; 
  • Provide assistance for enhancing the capacity of the AF project team and key national partners through consultations and the use of various tools for the exchange of knowledge and experience in conducting trainings, workshops, skype-conferences and electronic discussions, etc.

Other initiatives and duties: 

  • Render support, provide consultations and implement assignment tasks jointly with the project national legal expert; 
  • Provide necessary methodological assistance during the stage of design of legal commentaries and recommendations including preparation of theme reports and presentations; 
  • Actively participate in the preparation of work-plans, their implementation, project documents and reports; 
  • Prepare Final Report after completion of the assignment including description of major accomplishments and conclusions drawn.

Assignment outputs and deadlines:

Final assignment outputs and the preliminary assignment timetable shall be prepared after signing of the contract for consultancy services. The assignment timetable shall be finalized together with AF Project Manager prior to the start of consultancy services.

Deliverables: 

  • Detailed assignment work, drafted and agreed with AF Project Manager and UNDP; 
  • Recommendations for amendments and changes to the Law of Turkmenistan “On Farmers’ Associations”; 
  • Recommendations on enabling economic instruments for water use efficiency in Turkmenistan; 
  • Package of concrete recommendations for inclusion into the Water Code; 
  • Package of documents for amendments and changes into the national legal framework; 
  • Lessons-learned Report.

Terms of Payment: 

  • According to contract the payment will be based on lump sum modalities and will include consultancy fees and transportation expenses necessary to accomplish the aforementioned assignment tasks and duties; 
  • There shall be at least one field travel made to Turkmenistan preliminary planned for August-September 2014; 
  • Payment will be paid in three installments upon completion of tasks in accordance with the Terms of Reference and after certification by AF Project Manager and UNDP Programmer Specialist on Environment and Energy.

Deliverables and timeframe: 

Deliverable One:

  • Detailed work plan with clear indication of deadlines and the phases and expected outputs; 
  • Package of recommendations for amendments and changes to the Law of Turkmenistan “On Farmers Within 2 month from the contract signing (10 working days) (Daikhan Associations); 
  • Analysis of the existing documents and recommendations for national project team; 
  • Recommendations on tariffs use, differentiated tariffs for water supply, budget, cross-subsidies,
    etc. and others.

Deliverable two (40%):

  • Report on a legal framework for a community based management of water resources and financial Within 5 month from the contract signing (10 working days) incentives for the efficient water use, in particular, the use of differentiated and progressive water tariffs; 
  • Package of documents for amendments and changes into the national legal framework; 
  • Recommendations on regulatory and legislative framework on enabling economic instruments to encourage
    water use efficiency in Turkmenistan.

Deliverable three (40%):

  • Define the legal framework for the introduction and use of community based water resources management
    in three pilot regions; 
  • Finalization of the legal framework for the implementation methodology for calculating tariffs for water Within 8 month from the contract signing (10 working days) 40% delivery to local communities;
  • Full final report; The final report on the implementation of the terms of reference confirming the main conclusions; 
  • Lessons learned note.

Competencias

Personal qualifications: 
  • Candidate shall demonstrate integrity and ethical standards; 
  • Candidate shall possess a positive and constructive attitude to the assignment.
  • Candidate shall respect cultural, historical, religious, national, and ethnic peculiarities of the country; 
  • Contribute to the achievement of project objectives and strategic goals of UNDP. 
Functional and technical competencies:
  • Strong analytical and research skills; 
  • Excellent knowledge of written and oral English; 
  • Good writing skills and computer knowledge; 
  • Responsible discipline; 
  • Excellent organizational, communicative skills and teamwork.
  • Good understanding of the impact of climate change on water resources scarcity; 
  • Excellent time-management, organizational and inter-personal skills.

Habilidades y experiencia requeridas

Education: 
  • Scientific degree (Master’s or equivalent thereof) in area of environmental law or similar disciplines.

Work experience: 

  • At least 7 years of applied legal experience in the area related to water management;
  • Practical experience in the area of financial mechanisms related to water supply;
  • Substantial experience in the area of developing legal frameworks for efficient and sustainable use of water resources;
  • Experience and good understanding of climate change processes, agriculture and water resource management; 
  • Prior work experience in developing countries or CIS counties is an asset.

Languages: 

  • English, excellent analytical and presentation skills, good knowledge of written and conversational Russian language is an asset.

Other:  

  • Good understanding of climate change processes. Excellent time-management, organizational and inter-personal skills.

Submission of applications:

  • All applicants shall submit a detailed methodology indicating phases, tasks, methods, techniques, time, resources, accessibility and tools to be applied for a successful completion of assignment;
  • Financial proposal for implementation of the assignment:
  • All applicants shall submit a detailed, carefully considered and justified financial statement based on a lump sum, which should include: consultancy fee, administrative expenses (if applicable), and/or any other expenses an applicant deems would incur during assignment.

Additional requirements for recommended contractor:
 
Recommended contractors aged 62 and older, and if the travel is required, he/she 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.

Required documents for submission:

All interested candidates shall submit the following documents (information) which demonstrate their qualifications: