UNDP Jobs - 53375- Local Legal Adviser (with a focus on Environmental

Local Legal Adviser (with a focus on Environmental Law) - (Open to Mauritius Nationals Only)

Location :

Port Louis, MAURITIUS

Type of Contract :

Individual Contract

Starting Date :

23-Feb-2015

Application Deadline :

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

Post Level :

National Consultant

Duration of Initial Contract :

20 days spread over 6 months

Languages Required :

English

Expected Duration of Assignment :

20 days spread over 6 months

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

Project Title
UNDP GEF “Mainstreaming biodiversity into the management of the coastal zone in the Republic of Mauritius”

Project Description

Context and Objectives of Project

Mauritius forms part of the Western Indian Ocean Islands, one of the 25 internationally recognized biodiversity ‘hotspots’. The tropical climate, topography and history of isolation, has resulted in the evolution of a diverse biota with a high degree of endemism. Terrestrial biodiversity is forest-dependent. However, much of the extant forest has been lost: land clearance and forest degradation has already impacted more than 90% of Mauritius Island’s land surface. Marine biodiversity is in a better condition, but is also threatened. Extensive reef systems surround all of the islands of the archipelago. Rodrigues, in particular, harbours a large reef expanse, three times the size of the island.

Most of the useable land on the island of Mauritius has been put to production use. In spite of the extensive degradation and transformation that has occurred in many areas, coastal ecosystems and adjacent landscapes still maintain their basic ecological functions. The coastal strip provides prime land for habitation, recreation and tourism, while seascapes provide the basis of food provision though fisheries and also the country’s main touristic attraction—beaches, nautical sports etc. Lagoon habitats are especially important in this regard. They contribute to the overall productivity of coastal waters by supporting a variety of habitats, including salt marshes, sea grasses, and mangroves.

A Project Preparation Grant (PPG) has been approved by the GEF Secretariat to prepare a Full-Size Project Document (FSP) for submission under the GEF-5 STAR to prepare a project on the theme of “Mainstreaming biodiversity into the management of the coastal zone in the Republic of Mauritius”. In this context a Local Legal Adviser (with a focus on Environmental Law) is required to assist in the preparation of the FSP, focusing on all components proposed in the PIF, and expected outcomes to be achieved, as outlined in the approved Project Identification Form (PIF).

The project aims at conserving and sustainably managing land across six multi-use coastal and marine landscapes in the Republic of Mauritius (five in Mauritius Main Island and one in Rodrigues). Together they cover some 150,000 hectares of land- and seascapes and harbour within this area sites that are high in biodiversity values and important for the generation of ecosystem services (e.g. shoreline maintenance, storm protection, soil formation and retention, water provision and flood control). Biodiversity and ecosystem service values are being lost in all six landscapes due to careless coastal developments that reduce and degrade natural habitats, and cause land degradation, undermining ecosystem functionality and resilience, especially in sensitive lagoon areas. These threats are compounded by other anthropogenic pressures that exacerbate degradation (i.e. land-based pollution, climate change). In order to identify focus areas for environmental action in the country, in 2010 the government commissioned a comprehensive, spatially-based study to identify environmentally sensitive areas (ESAs). However, with the exception of forests, the recommendations emanating from the study have not heretofore been implemented and coastal and marine areas have yet to receive due attention.

The objective of the UNDP/GEF project will be to mainstream the conservation and sustainable use of biodiversity and ecosystem services into coastal zone management (CZM) and into the operations and policies of the tourism and physical development sectors in the Republic of Mauritius through a ‘land- and seascape wide’ integrated management approach based on the Environmental Sensitive Areas’ (ESAs) inventory and assessment. The project will address the threats to biodiversity in Coastal Wetlands, Shore and Offshore ESAs within the target landscapes through a three-pronged approach:

Incorporation of ESA recommendations into policies and enforceable regulations pertaining to CZM;
Effective management of marine protected areas (MPAs);
Arrest of land degradation in sensitive locations.

Duties and Responsibilities

Scope of Work

The consultants’ team is expected to produce, in a timely manner and in full compliance with the set deadlines, a UNDP-GEF Project Document and a CEO Endorsement document (using the appropriate templates). The international team leader and the national project manager will have a more central role to play, vis-à-vis other PPG consultants in terms of the ultimate responsibility for the final products.

Technical guidance and support pertaining to the GEF modality (project scoping and budgeting, best practices, knowledge management, partnerships etc.) will be provided by the UNDP-GEF Regional Technical Advisor overseeing the project, by the UNDP-GEF Environment Programme Manager, and by the UNDP Office in Mauritius, which will in addition provide operational support for a fast and effective PPG implementation.

The Local Legal adviser will be primarily responsible for assessing baseline and feasibility of specific project outputs, as formulated in the PIF, and preparing the description of activities under it, as well as suggesting applicable indicators.

In conducting the consultancy, the Local Legal Adviser is expected to:

Work in a team spirit under the leadership of the Lead Consultant, other consultants and the Project Manager;
Facilitate and Participate in stakeholder consultations and coordinate all local technical and legal inputs, comments and suggestions;
Compose an online e-library of key documents for sharing with the rest of the team on legal and policy issues with respect to the management of land- and seascapes in Mauritius;
Assess legal, regulatory, and policy related barriers to the project strategy (all three components);
Assist in conducting from an legal and institutional point of view on baseline studies on ESAs, Marine Protected Areas, erosion at specific sites, including Gender and Social inclusion aspects;
Analyse governance frameworks with respect to natural resource use in the land- seascapes in general and in the land- seascapes targeted by the project;
With respect to the applicable legal and policy frameworks, carry out a brief sectoral analysis on the tourism, coastal zone management and marine traffic sectors, plus the related investments in infrastructural development;
Identify legal and institutional issues related to land- and seascape level management planning and strengthened MPA management.
Highlighting gaps in legislation, regulations, policies and practices, which can provide indication on what the project should focus on to address those drivers;
Propose prospective easements under Output 1.2 and assess the feasibility of MPAs covered under Comp 2;
Assist in identifying legal issues in relation to the most relevant sustainable resource off-take limits that apply to proposed easements and to MPAs;
Provide critical inputs to the application of UNDP’s social and environmental safeguards, focusing on legal and policy aspects that apply to Mauritius and the context in question, vis-à-vis the UNDP standards enshrined in the safeguards;
Conduct Logical Framework Analysis under direction of lead international consultant;
Consolidate the inputs from LFA exercise and individual experts together with lead international consultant;
Identify implications of the latest policies, legal and regulatory conditions and terms of the new Biodiversity Bill and make sure that all activities under the GEF project are in compliance with the Act and proposed measures;
Participate in field visits, as needed included including a site visit to Rodrigues;
Participate in two workshops for the inception (1-2 days) and validation of the project;
Working in close collaboration with Government institutions, UNDP, Donors and private sector stakeholders, the consultants will advise on the activities for Components 1, 2 and 3 and the required implementation arrangements as per GEF and partner guidelines;
The consultants will provide a detailed assessment of the risks, opportunities, and justification for establishing the mechanisms proposed under the project, and the optimal way for GEF funds to support their implementation.

Expected Outputs and Deliverables:

The consultant shall be responsible for the following, in collaboration with the consultants’ team and stakeholders:

Review any institutional reports/legal documents on the ESAs, MPAs, wetlands, past project reports which would provide an insight on the governance of project areas in both Mauritius and Rodrigues including an analysis of governance frameworks at the land- seascape levels;
Assist in the design of activities (including easements) required to improve the economic activities in the project areas, focusing on legal, institutional and policy frameworks;
Assist in the design of activities which would enable the ESA spatial mainstreaming Plan to be legislated and enforced, including (i) landscape level management plans are implemented- biodiversity and ecosystem services protection are incorporated into operational permitting/licensing systems governing land use in the coastal zone; (ii) critically sensitive areas designated as ‘set-asides’ where physical development/ land clearance is prohibited;
Assist in the design of activities which would result in Standards and a certification system for the development of the tourism sector facilitating the mainstreaming of ESA management into their operations, including (i) specific guidance on the application of the biodiversity mitigation hierarchy to mitigate the impacts of tourism enterprises is developed, tested and adapted; (ii) the effectiveness of practices monitored; and (iii) a recognised certification label for tourism enterprises;
Provide all necessary critical inputs to UNDP safeguards;
Conduct site visits to assess the relevance and accuracy of past reports, and identify specific sites for intervention in collaboration with the consultants’ team;
Consult with stakeholders on the activities required in each area (ESAs, MPAs), including Gender and Social Inclusion aspects;
Assist in the finalization of project results framework: Further definition of the results framework with appropriate objective-level and outcome-level quantitative and qualitative SMART indicators, and end-of-project targets. Special attention will be made to include socio-economic and sex disaggregated indicators;
Assist in the preparation of Terms of Reference for each of the assignments in the project document to be submitted to GEF.

The Consultant shall be remunerated in accordance with the following time schedule and deliverables:

Deliverables: Upon submission of a detailed workplan and planned reports’ structure;
Dates: February 2015;
Fee (%):10%.

Deliverables: Inception report based on inception workshop and planned reports’ structure;
Dates: March 2015;
Fee (%):10%.

Deliverables: Analytical Review of Institutional/Legal and Governance issues for the project;
Dates: April 2015;
Fee (%): 15%.

Deliverables: Draft project document based on comments by all stakeholders, as required;
Dates: May 2015;
Fee (%): 25%.

Deliverables: Final project document, based on comments of GEF as required;
Dates: June 2015;
Fee (%): 25%.

Deliverables: Completion of assignment i.e. approval of project document by the GEF;
Dates: July 2015;
Fee (%): 15%.

All reports will be submitted in draft (for comments) and then final form, following incorporation of all comments and suggestions by the reviewing team and the Steering Committee described in the Reporting section. The reports have to be approved by the UNDP, the MOI before payment is effected.

Institutional Arrangement:

The project preparation phase will be executed through the Direct Execution modality of UNDP. While the project team will be contracted by the UNDP and the Mauritius Oceanography Institute and the participating Ministries will have a key role to play.

The institutional context of the project covers the mandates of various ministries and institutions. From the Government standpoint, the project is led by the Mauritius Oceanography Institute which is responsible for ocean matters in Mauritius. In addition, the Ministry of Environment, Sustainable Development, Disaster and Beach Management, the Ministry of Agro Industry and Food Security and the Ministry of Ocean economy, Marine Resources, Fisheries, Shipping and Outer Islands have various mandates which concern the management of ESAs, the management of terrestrial biodiversity and the management of marine protected areas respectively. As tourism is one of the principal parameters of the project, the Ministry of Tourism and External Communications will be involved. Finally, given that one of the landscapes is found in Rodrigues, the Rodrigues Regional Assembly will also be concerned.

The Consultant shall perform a liaison role with government, UNDP, and all stakeholders involved with the project. The Consultant shall work under the supervision of the Steering Committee and shall report to it for the fulfillment of its duties. The Steering Committee (SC) will be composed of high level representatives of the key ministries related to the project. It will provide high-level policy guidance and orientation to the project. The representative of the Mauritius Oceanography Institute will chair the SC.

Duty Station:

Mauritius, UNDP, the Mauritius Oceanography Institute, participating Ministries and Institutions.

Competencies

Qualifications of the Successful Individual Contractor:

Corporate Competencies

Demonstrates integrity and ethical standards;
Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
Treats all people fairly without favouritism.

Functional Competencies:

Ability to conduct research and analysis and strong synthesis skills;
Builds strong relationships with national consultants, focuses on impact and result for the client and responds positively to critical feedback; consensus-oriented;
Highly developed inter-personal, negotiation and teamwork skills, networking aptitude;
Regional and national knowledge is highly desirable.

Required Skills and Experience

Education:

Minimum postgraduate degree in Law or related discipline.

Experience:

At least 5 years of experience designing and/or implementing project in developing countries;
Proven and extensive experience in institutional analysis, environmental law;
Experience in UNDP/GEF project formulation/design;
Experience in hands-on Environmental law and institutional issues in Mauritius an advantage;
Experience in community-based participatory management;
Developing country / relevant biogeographical experience;
Experience on tourism issues;
Experience on institutional capacity assessment would be an advantage.

Language:

Excellent English drafting and communication skills.

Scope of Price Proposal and Schedule of Payments:

The financial offer should be quoted as a lump sum amount, all-inclusive (professional fee, insurance).
The contract price is fixed regardless of changes in the cost components. Payments will be effected based on deliverables as per section D above.

Recommended Presentation of Offer:

The following documents are requested:

Duly completed Letter of Confirmation of Interest and Availability using the template provided by UNDP;
Personal CV or P11, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Candidate and at least three (3) professional references;
Technical offer: Brief description of why the individual considers him/herself as the most suitable for the assignment (including his/her experience using Financial Planning and Budgeting), and a methodology on how they will approach and complete the assignment;
Financial Proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs, as per template provided by UNDP, including cost of travel for one three day mission to Rodrigues, based on applicable UNDP rules.
Please group all your documents into one (1) single PDF document as the system only allows to upload maximum one document.

Criteria for Selection of the Best Offer:

The combined scoring method will be where the qualifications and methodology will be weighted a max. of 70%, and combined with the price offer which will be weighted a max. of 30%.

The key criteria for rating the qualification and methodology, together with their equivalent marks, will be as follows:

All submissions will be assessed against the following criteria:

Technical evaluation

Education: 15 marks;
Communications/Language: 5 marks;
Experience in UNDP/GEF: 10 marks;
Experience in Project Document preparation: 5 marks;
Experience in analysis of institutional and governance issues: 10 marks;
IT skills (MS Office): 5 marks;
Reports writing and Presentation Skills: 10 marks;
Technical Proposal: 10 marks.
Total Technical Scores: 70 marks.

Candidates scoring 50 or above will be short-listed and may be called for an interview.

Financial evaluation

Value for money: 30 marks.
Total Financial Scores: 30 marks.

The financial offers will be evaluated giving the lowest price proposal 30 marks and marking the other more expensive proposals reverse proportionally to the cheapest offer.

The final scoring of short-listed candidates will take into account the technical evaluation and the financial score:

Criteria: Technical score;
Weight: 70%;
Max. Point: 70 marks.

Criteria: Financial score;
Weight: 30%;
Max. Point: 30 marks.

The candidate ranking highest shall be selected.

Annex to the TOR:

The Project Identification Form which has been approved by the GEF can be downloaded on the local UNDP website on http://mu.undp.org

Important Note:

Interested offeror is strongly advised to view the general terms and conditions of IC and templates to be included when submitting offer from the CO website at http://www.mu.undp.org/content/mauritius_and_seychelles/en/home/operations/procurement/;
Interested offerors above the age of 62: UNDP regulations require, at their own cost, to undergo a full medical examination including x-rays. Medical evaluation documentation does not need to be submitted with the other requested documents listed above, but will be requested should the candidate be chosen;
Interested offeror is required to submit application via UNDP jobsite system, because the application screening and evaluation will be done through UNDP jobsite system;
Please note that UNDP jobsite system allows only one uploading of application document, so please make sure that you merge all your documents into a single file. Your on-line applications submission will be acknowledged where an email address has been provided. If you do not receive an e-mail acknowledgement within 24 hours of submission, your application may not have been received. In such cases, please resubmit the application, if necessary.