UNDP Jobs - 13539- Consultant: Legal Expert for the Rodrigues Water

Consultant: Legal Expert for the Rodrigues Water Regulations

Location :

Rodrigues Island, MAURITIUS

Type of Contract :

Individual Contract

Starting Date :

05-Jan-2010

Application Deadline :

11-Dec-09 (Midnight New York, USA)

Post Level :

National Consultant

Duration of Initial Contract :

25 working days

Languages Required :

English

Expected Duration of Assignment :

25 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 Republic of Mauritius comprises the main island of Mauritius, Rodrigues, Agalega and St Brandon. In Fact, Rodrigues is the largest outer island Mauritius. It is of volcanic origin and is situated at about 650km to the north east of Mauritius, at nearly 900km to the east/north east of Reunion island, and at 1540 km to the east of Madagascar,10 attitude 20 degree South and Longitude 63 degree east. Since October 2001, the island of Rodrigues enjoys an autonomous status within the Republic with its own Regional assembly and an Executive Council for the framing and implementation of its Socio –economic policies. The Central government provides an annual grant from the national budget for the financing of its policies, projects and programmes.

The responsibility for the production and distribution of potable water in Rodrigues rests at present with the Water Resources Unit (WRU), a department set up in 1972 and operating under the aegis of the Commission for Water Resources (CWR). The Commission for Water Resources is responsible for the development of the water resources for all its uses (including for irrigation and livestock) and until early 2009 the WRU was the only technical arm of the Commission. The WRU was staffed with 350 employees, mainly field workers for the operation of pump stations and filtration plants, monitoring of reservoirs and water supply to consumers through the laterals on rotation basis. The frequency of supply may vary from a few hours once 7 to 15 days depending on the region. This is due partially to the fact that production is below demand. Raw water treatments, equipment and functioning of the distribution network, as well as household equipments, domestic water tariff and rainwater harvesting facilities and incentives much be also revisited and implemented in an integrated manner to be able to insure a continuous delivery of safe drinking water in Rodrigues. The overall daily deficit for long term is estimated around 6000 m³daily based on 100 litters per day per capita.

Due to increasing water demand in the domestic, touristic, commercial and agricultural sector, the challenge is daunting and the CWR as well as WRU are confronted respectively with lack of regulatory and technical / monitoring capacity to meet the objectives on several fronts. Given that the water sector is called for reforms, the Rodrigues Regional Assembly opted for the setting –up of an autonomous body (RWC Ltd) to act as an operator to manage and carry out water production and water distribution.

Duties and Responsibilities

The objective of the consultancy services is to prepare and draft the Water Bill or Regulation which will encompass all the relevant aspects for an efficient administration and governance of the whole water sector in Rodrigues.

The Legal expert shall review the existing legislation pertaining to the water and Environmental sectors and others for the drafting of the Water Regulation. His main duty shall be the drafting of the Water Regulation or bill as the case may be and for this exercise he shall work in close collaboration with the Team Leader. He shall also ensure that the proposed clauses of the Water Regulation are constitutionally sound and in line with the Rodrigues Regional Assembly Act. He will also define the first priorities instruments to be drafted in order to clarify as soon as possible respective regulatory responsibilities of CWR and others Commissions of RRA concerned by water (uses and impacts of water uses) and their link with EPMU mechanisms for the whole Island development planning and in PBB design and monitoring; new duties and monitoring functions of technical arms like WRU for domestic water and its equivalent for irrigation waters; as well as duties and rights of public or private operators (like RWC). Additional roles or supports to be provided at the central level by CWA and CEB will be also explicitly clarified according to specificities of energy and water policies and responsibilities at central and decentralized levels. The responsibility of submission of Preliminary Report and the draft Water Regulation shall be jointly shared by the Team Leader and the Legal Expert.

Full Terms of Reference can be downloaded from the UNDP Mauritius website (http://un.intnet.mu/undp/)

Competencies

The consultant will comprise two experts. One expert in the capacity of Team Leader shall deliver the expertise in the fields of water resource management/ water administration/ water technology or engineering . The second expert(legal expert) shall have expertise in drafting of legislation.

Excellent writing and presentation skills are expected for the legal expert; if the expert proves unable to meet; the level of quality required for drafting the reports, the consultant will provide at no additional cost, immediate technical support to the project team to meet the desired standard.

A high level of interaction with key stakeholders should be ensured throughout the duration of the assignment so that to ensure maximum ownership and it is expected that all experts demonstrate professional sensitivity to the needs and concerns of the beneficiaries. As such, they will be expected to conduct with professionalism and diplomacy.

Required Skills and Experience

A degree in law
Experience in drafting legislation
Be of Mauritian nationality