Background

Cambodia’s specific geographical location and long history and complicated topographical, ecological and social features has resulted in it becoming a prosperous, rich and diverse plant genetic resource country. While diverse climatic conditions diversified the country’s flora with both tropical and temperate plants, thousands of years of agricultural practice by ethnic groups enriched its crop genetic resources with large numbers of local cultivars and land races. In terms of medicinal plants, the high level of genetic diversity makes Cambodia an attractive country for bio-prospecting, especially given that there are approximately 800 known medicinal plants, many of which have associated traditional knowledge. ? However, Cambodia faces a wide range of issues that threaten its biological diversity and ecological security. These threats emanate from the transition from a subsistence-based agrarian economy to a consumption-based cash economy, competing land use from urbanization and infrastructure development, poaching of wild plants and animals, localized overharvesting of timber, fuel wood and non-wood forest products, human-wildlife conflicts, and climate change. Because of the threat to biological resources, the traditional knowledge of local communities that is associated with genetic resources is disappearing rapidly, due to the change of traditional lifestyles. A large volume of traditional knowledge, such as medicinal use of biological resources, is being replaced by modern technology. The National Biodiversity Strategy and Action Plan (NBSAP) of Cambodia was adopted in 2002. The NBSAP identified equity as the most important thing biological resources sustainably in the long run and calls for consideration of poor and economically disadvantage group to secure their access to common resources.

To counter the various threats to biodiversity, the country has planned various strategies for the conservation and sustainable use of biological resources for socio-economic development. However, making use of its biodiversity and traditional knowledge for the promotion of bioprospecting and of access and benefit- sharing (ABS) national regime that is constrained by several factors. Cambodia has no existing policy or legislation on ABS, excepted preliminary draft of ABS sub-decree, the government recognizes the importance of establishing innovative schemes to derive equitable benefits through economic activities that are linked to sustainable utilization of natural resources and the institutional and personal capacity to carry out bio-prospecting beyond basic level and develop and manage ABS schemes that are compliant with Nagoya Protocol.

The project aims at strengthening human resources, legal frameworks and institutional capacities on access and benefit sharing of genetic resources to facilitate the implementation of the Nagoya Protocol on Access and Benefit Sharing. The above objective would be achieved through two components, namely

The specific problem that this project will seek to address is the lack of a functioning national legal, policy, and institutional framework that will enable the equitable sharing of benefits from the use of Genetic R Resources (GR) and Traditional Knowledge (TK) between the state (national and state governments), commercial interests, and the owners and custodians of these resources and TK (such as Indigenous and Local Communities [ILCs]). This issue is compounded by the lack of trust between users and providers of genetic resources that prevents unleashing the potential of genetic resources as a source of innovation, biodiversity conservation, market development, and poverty alleviation.

Following an inception workshop organized in June 2019 and project work plan, and in order to take the project implementation forward, Cambodia is looking for an experienced international consultant to develop the National ABS Instruments and Measure Procedures, including (i) ABS procedures and dossier of supporting legal instruments; (ii) Effective financial mechanism; and (iii) Administrative permitting system and check-points, including PIC and MAT and its guidance documents to support the implementation of the Nagoya Protocol.

Duties and Responsibilities

Under the overall guidance and supervision of the National Project Director the selected International Consultant (IC) will work closely with Project Coordinator MoE and relevant institutions/stakeholders to complete the assignments.

Tasks and responsibilities of the international consultant include but are not limited to:

A. Develop national legislation on ABS including procedure for access of genetic resources:

a) Develop joint Prakas (MoE and MoEF) on filing fee of application for Access to GR or a TK and extension of Access Permit

b) Develop Prakas on the guideline for determination of providers; and

c) Develop legislative formats for implementation of ABS legislation as following:

1. Application for Access to GR and TK

2. Decision to Commence the Process

3. Request for Extension of Validity Period of Decision to Commence the Process

4. Decision to Extend the Period of Decision to Commence the Process

5. Decision to Request Further Submission

6. Decision to Conduct Further Investigation

7. Decision to Deny the Application

8. Request for Access Permit

9. Access Permit

10. Request for Extension of Access Permit

11. Decision for Extension of Access Permit

12. Decision to Request Further Submission

13. Decision to Deny Access Permit

14. Decision to Revoke Access Permit and to Impose Administrative Fine

15. Penalty Letters (Written Warming and Publication of Violator’s Name)

16. Penalty Letter (Letter of Seizure of Genetic Resources or Derivatives)

17. Letter to Impose Administrative Fine?; and

18. Other relevant instruments that support to the implementation of National ABS Sub-decree and Nagoya Protocol, if necessary

B. Develop ABS financial mechanism that Conformed to the national commercial and financial laws and regulations, particularly national best practice mechanism(s):

•  Undertake a legal analysis of options for establishment of the financial mechanism for Cambodia related to environmental management and biodiversity conservation
•  Review the existing and analysis of legal options for establishment of the financial mechanism from ABS agreement; and
• Develop ?ABS Financial Mechanisms (legal instruments/proclaims) which include the provisions and procedures for establishment of the financial instrument(s), fund flow arrangements, guidelines for use and application of these funds and financial reporting procedures:
• Develop/establish detailed modalities regarding benefit sharing on the minimum rate of benefit sharing for each type of Access and Utilization or type of benefit of Genetic Resources and Associated Traditional Knowledge ;
• Develop Prakas (MoE) on ABS Financial Mechanism (ABS Fund) for receiving monetary benefits derived from Utilization of Genetic Resources and Associated Traditional Knowledge ; and
• Develop joint Prakas (MoE and MoEF) on the Establishment and Management of Biodiversity Conservation Fund.

C. Develop administrative and permitting system (PIC and MAT) for the implementation of ABS framework and legislation:

a)Review and clarify existing legislative measures for ABS permitting and administrative procedures in Cambodia by identifying gaps and opportunities for enhancing such measures

b)Review and analysis on the existing legislative measures for ABS permitting and administrative procedures conducted by national consultant

c) Identify the gaps and opportunities for enhancing the measures

d)Develop administrative measures and permitting system:

• Prior Informed Consent (PIC) ; and

• Mutually Agreed Terms (MAT) .

e) Develop Prakas (MoE) on Check Point Establishment to ensure and tracking GR-TK ; and

f) Develop guideline documents:

• To access genetic resources and associated traditional knowledge;

• To obtain PIC and to negotiate MAT establishment; and

• To facilitate the implementation of checkpoints.

D. Participate and present in the consultation meetings and workshops, including ABS Sub-TWG meeting;

­­­­­­­­­­­­­E. Consolidate the comments, recommendations and feedback from stakeholders’ consultation meeting, workshop(s) and ABS Sub-TWG meetings with assistance from National Consultant

F. Compile reports about the finding and documentation

G. Submit the final documents and all related references to project management unit (PMU) and UNDP for reviewing and project director (PD) for approval; and

Competencies

Functional competencies:

• Strong analytical skills and ability in development of Policy and Frameworks;
• Excellent analytical capacity and ability to synthesize project outputs and relevant findings for the preparation of quality project reports;
• Ability to understand ABS terminology and its concepts and to analysis/synthesize information from different sources into a coherent project log-frame and framework;
• Skill in achieving results through persuading, influencing and working with others;
• Ability to understand Cambodia’s context and communication in Khmer language;
• Maturity and confidence in dealing with senior members of international, regional and national institutions;
• Displays sensitivity and adaptability to different cultures, genders, religions, races, nationalities and age groups;
• Good team player, self-starter, has ability to work under minimum supervision and maintain good relationships.

   

   

Corporate competencies:

• Demonstrates integrity by modeling the UN’s values and ethical standards. 

• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability.

• Treats all people fairly without favoritism.

• Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment.

Required Skills and Experience

Education: 

• At least Master or PhD (is preferable) degree in law or policy relevant to natural resource management or environmental science, genetic resources, ecosystem services, and/or related field.

Experience:

• 5 years experience in drafting or developing legislation on NRM or specific to ABS including research and development, knowledge on Nagoya Protocol, particularly ABS-related issues
• Proven experience and knowledge in ABS procedure, policy and legislation development in both user and provider countries
• Specific international or country experience working on programs, projects research through any international or bilateral organization on ABS, natural resources or negotiation related to fair and equitable sharing of benefit arising from the use of natural/genetic resources of the CBD will be an asset
• Experience working with a wide variety of development actors in Cambodia including with the Royal Government of Cambodia, international development organizations, private sector entities, and/or civil society organizations including community groups; and
• Experiences in ABS legislation development, especially ABS sub-degree development in Cambodia.

   

   

Language Requirement:

• Fluency in written and spoken English required
• Commend of Khmer language is an asset.

Interested offeror must read the Individual Consultant (IC) Procurement Notice, which can be viewed at https://procurement-notices.undp.org/view_notice.cfm?notice_id=87296 more detail information about term of references, instructions to offeror, and to download the documents to be submitted in the offer through online.

UNDP reserves right to reject any applications that is incomplete.

Please be informed that we don’t accept application submitted via email.

Interested Offerors are required to submit application via UNDP jobsite system as 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 online applications submission will be acknowledged where an email address has been provided. If you do not receive an email acknowledgement within 24 hours of submission, your application may not have been received. In such cases, please resubmit the application, if necessary. Please combine all your documents into one (1) single PDF document as the system only allows to upload maximum one document.

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

1. Proposal:Letter of intertest explaining why they are the most suitable for the work

2. Financial proposal (Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP)

3. Personal CV including past experience in similar projects and at least 3 references

Any request for clarification/additional information on this procurement notice shall be communicated in writing to UNDP office or send to email pheara.lek@undp.org and cc procurement.kh@undp.org . While the Procurement Unit would endeavor to provide information expeditiously, only requests receiving at least 5 working days prior to the submission deadline will be entertained. Any delay in providing such information will not be considered as a reason for extending the submission deadline. The UNDP's response (including an explanation of the query but without identifying the source of inquiry) will be posted in Individual Consultant (IC) Procurement Notice page as provided above. Therefore, all prospective Offerors are advised to visit the page regularly to make obtain update related to this Individual Consultant (IC).