Background

Introduction: 
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS), an agreement under the Convention on Biological Diversity, was adopted on 29 October 2010 in Nagoya (Japan) and entered into force on 12 October 2014, it provides a transparent legal framework for the effective implementation of the 3rd objective of the Convention on Biological Diversity (CBD). The Protocol applies to genetic resources that are covered by the CBD and to the benefits arising from their utilization, it also covers traditional knowledge (TK) associated with genetic resources held by indigenous and local communities. Contracting parties to the Nagoya Protocol need to fulfil core obligations to take measures in relation to access to genetic resources, benefit-sharing and compliance. 

The UNDP-GEF Project “Strengthening human resources, legal frameworks, and institutional capacities to implement the Nagoya Protocol” (Global ABS Project) is a 3-year project that specifically aims at assisting 24 countries in the development and strengthening of their national ABS frameworks, human resources, and administrative capabilities to implement the Nagoya Protocol. The project seeks to achieve this through its 4 components namely: 

  • Component 1: Strengthening the legal, policy and institutional capacity to develop national ABS frameworks;
  • Component 2: Building trust between users and providers of genetic resources to facilitate the identification of bio-discovery efforts; and 
  • Component 3: Strengthening the capacity of indigenous and local communities to contribute to the implementation of the Nagoya Protocol. 
  • Component 4: Implementing a Community of Practice and South-South Cooperation Framework on ABS.

The implementation of the basic measures of the Nagoya Protocol in Comoros, Ethiopia, Kenya, Seychelles and Sudan similarly to the other participating countries will unleash a wide range of monetary and non-monetary benefits for providers of genetic resources. Some of these benefits should be reinvested in the conservation and sustainable use of the biological resources from where the genetic resources were obtained. This will fulfil the three objectives of the Convention on Biological Diversity. 

As per the approved Annual Work Plans for the year 2017 for Comoros, Ethiopia, Kenya, Seychelles and Sudan, the 5 countries will proceed with the recruitment of an international consultant to strengthen the national ABS legal frameworks. The international consultant will work closely with national consultants and key national stakeholders to identify, draft and support the validation of appropriate legal national instruments on ABS in each of the 5 targeted countries covered by this consultation. These national instruments should be simple, efficient, adapted to national and local circumstances and coherent with other national and global ABS instruments such as the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA).

Context:

Comoros
Comoros is a Party to the Nagoya Protocol since its entry into force (accession) on October 12, 2014. The Comoros archipelago is globally renowned for its unique and rich fauna and flora with high endemic rates putting Comoros as a high priority for the conservation of the world biological diversity. Biodiversity has not been adequately integrated into the policies and strategies of most of the country’s sectors and there are no ABS administrative, legislative, or policy measures in place for the country. 

The Comoros National Biodiversity Strategy and Action Plan (NBSAP) (2000) is based on nine major themes: a) integration of biodiversity conservation and sustainable management into sectoral policies and strategies; b) improvement of the implementation of conservation actions and sustainable management of biodiversity; c) protected areas; d) sustainable management and use of outside protected areas; e) ex-situ conservation (Article 9); f) fair sharing of benefits arising from the use of biological diversity; g) agrobiodiversity; h) biosafety; and i) implementation and monitoring of the NBSAP. Despite advances, many obstacles have impeded their implementation. Administration-level mandates are unclear and a revision of environmental policy and the NBSAP is needed to take the current context into account. Sectoral institutions concerning biodiversity do not sufficiently integrate issues in their policies, which can be explained by the fact that, as one of the poorest countries, the country’s financial priorities are far from being focused on NBSAP implementation. Political entities are poorly informed about the challenges of NBSAP implementation, and there is a significant lack of specialists (for example, taxonomists, engineering scientists, and environmental lawyers) to enable implementation. 

It is worth mentioning that a framework law on environment was adopted in 1994. It aims to i) Preserve the environmental diversity and integrity of the Islamic Federal Republic of Comoros, a vulnerable world heritage ii) create the conditions for a sustainable quantitative and qualitative use of natural resources for the current and future generations, and iii) Guarantee to all citizens a balanced and an ecologically healthy life.  No mention was made of ABS related aspects. 

The Direction Générale de l'Environnement et des Forêts, Vice-Présidence en charge du Ministère de la Production, de l’Environnement, de l’Energie, de l’Industrie et de l’Artisanat is the designated institution where the Nagoya Protocol on ABS focal point is hosted. The Direction will be in charge of the implementation of the Nagoya Protocol in Comoros.

Ethiopia
Ethiopia is a party to the Nagoya Protocol. Ethiopia has enacted a law that regulates access to genetic resources (Access to Genetic Resources and Traditional Knowledge, and Community Rights Proclamation No 482/2006). 

The law applies to access to genetic resources (including derivatives) found in ex situ or in situ conditions and the TK associated therewith. It subjects the access to genetic resources and community knowledge to the requirement of permit from Ethiopian Biodiversity Institute (EBI) and sharing of benefit arising from the use thereof. It also stipulates that access to genetic resources under a multilateral system of access of the International Treaty shall be granted subject to the conditions and procedures provided therein (Article 15(2)). 

The Law entered into force on the November 9, 2009 as a Council of Ministers Regulation (No. 169/ 2009), and includes procedures for access, procedures for community consent, administration and utilization of access resources, and other miscellaneous provisions. The regulation also contains two templates for commercial and non-commercial access requests. States have powers and responsibilities to enact detailed regulations necessary to implement the regulation within their regions and designate and strengthen institutions at all levels to implement the regulations. Ethiopia has also developed a Code of Conduct to administer ABS issues. 

EBI is the lead technical institution responsible for the proper conservation and sustainable use of the country’s biodiversity resources, including medicinal plants. Among its powers, the EBI can issue directives on the collection, dispatch, and export of genetic materials from the country, and grant permits to those who need to access genetic materials from the country (Proc. 381/2004 Art.6). The Genetic Resource Access and Benefit Sharing Directorate of the EBI is the designated institution where the Nagoya Protocol Focal Point is hosted.

Kenya
Kenya has been a party to the Nagoya Protocol since 2014. The country has inadequate environmental and biodiversity related laws, policies, and instructional frameworks. Biodiversity aspects in the country are handled under various legislations and there is no specific biodiversity act or substantive ABS laws. However, the Wildlife Conservation and Management Act (2013) has some provisions on access to wildlife and benefit-sharing and have also developed wildlife sector regulations on bioprospecting and research and development, which have been submitted to the Attorney General’s office. Genetic resources under ITPGRFA, specifically for Standard Material Transfer Agreements (SMTA) on multi-lateral benefits, are handled by the Gene Bank of Kenya Agricultural & Livestock Research Organization (KALRO). Biological resources under WHO are approved under the National Commission for Science, Technology and Innovation (NACOSTI) and the Ministry of Health. The Biosafety Authority regulate approvals on genetically modified organisms. The level of education and awareness among users and providers is moderate and there is need for enhancement. Kenya now has a law on Traditional Knowledge, but implementation is lacking. 

The ABS subsidiary regulation (2006) under the Environmental Act (EMCA) has been reviewed in various stakeholder forums where it has been agreed that the regulation addresses ABS issues inadequately and that there is a need for a substantive National ABS framework or an inclusive biodiversity law, similar to what other countries such as Costa Rica, South Africa and India has. 

Kenya’s NBSAP (1999) goals are: a) to ensure and maintain a high-quality environment for sustainable livelihoods for all Kenyans; b) to guarantee inter- and intragenerational sustainable use of natural resources and services; c) to maintain ecological and ecosystem processes; and d) to preserve and benefit from genetic resources and biological diversity in the nation’s ecosystems and to preserve their cultural value. However, there is inadequate political will and financial support to implement the NBSAP, which is moreover currently outdated. 

Although at present, national environment management matters cut across various agencies, the National Environment Management Authority (NEMA) is charged with the coordination and establishment of an appropriate legal and institutional framework for the management and conservation of biological diversity. There is a desk officer within NEMA on ABS but with limited experience and expertise on ABS. Furthermore, there is expertise in relation to ABS within the Kenya Wildlife Services. There are institutional arrangements as defined under the Nagoya Protocol, although not under defined national legal framework at the moment. The country has ABS permitting and compliance procedures ranging from PIC, MAT and SMTA to Access permits and exports of scientific collections, whereby the latter is the core component of approvals of access permits.

Seychelles
The Republic of Seychelles is a Party to the Nagoya Protocol since its entry into force (ratification) on October 12, 2014. Seychelles does not have a comprehensive legislative/regulatory ABS framework in place. 

Seychelles developed a draft bill in 2005 on access and benefit-sharing entitled “Genetic resources bill.”  The objective of the bill was to set the perimeters for the development of all aspects of a full-fledged legislation and supporting legislation on ABS in the Seychelles. The process for the development of the draft bill is documented in a publication title ‘Commentary on the development of the Republic of Seychelles Access to Genetic Resources and Benefit Sharing.  However, the bill was never adopted. The Republic of Seychelles received a GEF-enabling activity grant to develop its NBSAP in 1997, establishing among its major goals ensuring access to and the judicious control of genetic resources. A new NBSAP or NBSAP 2.0 was published in 2014, which considers a comprehensive review of biodiversity-related legislation including the promulgation of ABS regulations (Project 25).  Similarly, the ABS is considered a priority under the Sustainable Development Strategy of Seychelles.

The Seychelles Bureau of Standards (SBS), through its parent the Ministry of Industries and International Business, has a facilitator role as a hub where all the stakeholders and research partners can bring their documents and or seek additional information. Other line ministries such as the Ministry of Environment, Energy and Climate Change (MEECC), the Ministry of Fisheries and Agriculture and now the National Institute of Science Technology and Innovation (NISTI) have more of the decision-making roles.

The Department of the Environment of the Ministry of Environment, Energy and Climate Change is the designated institution where the Nagoya Protocol on ABS focal point is hosted.

Sudan
Sudan’s rich biodiversity and genetic resources are key assets for the country’s economic development and the welfare of its people. Exercising national sovereignty over those very critical resources would ensure their sustainable use and conservation. 

Sudan is a Party to the Nagoya Protocol since its entry into force (ratification) on October 12, 2014. Sudan has not adopted specific measures on access to genetic resources and benefit-sharing or related to access to TK associated to genetic resources. Sudan does not have a specific biodiversity law; the more general Environment Conservation Act of 2001 covers the protection of biodiversity. 

The government of Sudan has recently, on June 25, 2015, adopted the new Sudanese NBSAP 2013-2020. This document clearly states that “currently, there is no national legislation on access to genetic resources and aspects of sharing of benefits arising from their utilization” and that the “number of scientists and technicians, who are trained mainly on conservation of genetic resources, is very meagre and limited to some units such as the Agricultural Plant Genetic Resources Conservation and Research Centre of the Agricultural Research Corporation (APGRC/ARC).” Regarding the institutional structure to manage ABS in the country, the new NBSAP concludes, “there are no specific institutions that are totally responsible for handling such matters.” The institutional management of the conservation, sustainable use of biodiversity, and the sharing of benefits derived from the use of genetic resources in Sudan is done mainly through sectoral implementation. 

The Higher Council for Environment and Natural Resources (HCENR) has the competence to develop environmental policies regarding plant agro-biodiversity, forest biodiversity, rangeland and livestock biodiversity, and wildlife, marine, and inland waters ecosystems. The HCENR is the designated institution where the Nagoya Protocol on ABS focal point is hosted.

The NBSAP establishes the following priority actions in regard to ABS: a) enactment of necessary national legislations for conservation and sustainable use of biodiversity taking into consideration the matters related to access and benefit-sharing as well as protection of the local communities, farmers, and pastoralist rights to biological resources and their indigenous knowledge, practices, and technologies; including issuance of a national legislation on PGR; b) creation of institutional bodies for regulating the access to plant agro-biodiversity and relating indigenous TK on the basis of fair and equitable benefit-sharing with necessary consideration to farmers’ and local community rights consistent with the international instruments of relevance such as CBD and the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA); and c) documentation of indigenous knowledge, practices, and technologies that are associated with the Plant Genetic Resources for Food and Agriculture (PGRFA) and the conservation and sustainable use of forest and rangeland biodiversity.

Objectives of the assignment

This international consultancy aims to support the identification, the drafting and assist the validation process of national legal instruments on ABS in Comoros, Ethiopia, Kenya, Seychelles and Sudan. These national instruments should be simple, efficient, adapted to national and local circumstances and coherent with existing mechanisms in complementarity with other national or global ABS related instrument.

The national legal instruments to be developed should be compliant with the Nagoya protocol and the CBD. In line with national and local circumstances, the instruments shall include both a legislative and a regulatory component for each of the 5 countries, covered by this consultation. For instance, In the case of Sudan, the consultant is expected to deliver at least 3 ABS sector-specific regulations within the sectors of Agriculture, Aromatic and Medicinal Plants and Wildlife.

The legislative component shall refer to the drafting and/or the amendment of one or several laws being specific to or inclusive of ABS. The regulatory component shall refer to ABS regulations that are sector specific reflecting on national priorities.

The international consultant should provide clear orientations and high quality advisory services to guide the work of the national consultants in each of the 5 countries covered by this consultation throughout the process of design, drafting and assist the validation process of nationally appropriate ABS instruments in compliance with the Nagoya protocol and the CBD. 

He/she should undertake a detailed benchmark of existing national instruments from other countries to inform the design and drafting process. The ABS instruments should be based on the findings and recommendations of the national assessments, gap analyses and consultations with key national and local stakeholders as indicated in the Project Document of the Global ABS Project.

Duties and Responsibilities

The Consultant shall work in close coordination with the project country teams in Comoros, Ethiopia, Kenya, Seychelles, and Sudan. The country teams shall include, at minimum and in line with national circumstances, the National Project Directors and Coordinators, the National Project Managers from UNDP country offices, the Global Project Manager and the Regional Project Specialist for Africa from the Global ABS project team.

The consultant will adhere to National procedures for development and adoption of National guidelines, regulations, policies and legislative mechanisms.

The consultant will be responsible for the provision of the following services: 

  • Phase I: The Consultant shall provide the necessary guidance, methodology and technical inputs to the national consultants to assess the existing national legal frameworks and deliver national gaps’ analyses for the implementation of the Nagoya Protocol.
  • Phase II: The international consultant shall undertake and present to the country teams, in complementarity with the conclusions of the gaps’ analysis and the recommendations of the national consultations, a detailed benchmark of existing national instruments from other countries to inform the choice of the national instruments to be adopted in each of the 5 countries, their design and drafting processes.
  • Phase III: It is expected from the international consultant at this stage to directly support the design of the national instruments and the drafting and/or amendment of their legislative and regulatory components, depending on national and local circumstances, while ensuring compliance with the provisions of the Nagoya protocol and the CBD. The proposed instruments should provide a clear description of the operational mechanisms for Monitoring the use of GR/TK and dispute management including penalties. It should also provide standard clauses for Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT) and elaborate a guideline on how to apply the regulations clarifying both access procedures for applicants and user procedures for compliance measures.
  • Phase IV: this is the final stage of this consultancy where the international consultant will provide technical inputs to address comments and any compliance issues throughout the validation process of the suggested national instruments.

The International Consultant shall consider the following indicative milestones:

  • A concise methodology with a clear guidance and technical inputs are provided to the national consultants to undertake the national assessments and gap analyses to identify ABS related gaps and shortcomings in the existing national legal frameworks for the implementation of the Nagoya Protocol.
    In Sudan, the consultant shall guide and support a sound analysis of ABS related gaps and shortcomings in the existing national legal framework while highlighting the entry points and sectors to enhance coherence and competitivities with other specialized ABS mechanisms.
  • An international benchmark of ABS laws and regulations from relevant countries. The comparative countries will be selected based on a set of specific criteria to be determined jointly with the national country teams and experts from each of the 5 targeted countries.
  • Five (5) national instruments, adapted to national and local circumstances, fully compliant with the NP and the CBD and in line with the Bonn guidelines. The legislative and regulatory components of the instruments should provide legal space and include specific clauses to address the issue of coherence and complementarity with other ABS related instruments namely the International Treaty on Plant Genetic Resources for Food and Agriculture and the African Union Guidelines for a coordinated implementation of the NP on ABS.
    In the case of Sudan, at least 3 sector specific regulations on ABS, which translate the ABS draft law into applicable provisions within the sectors of Agriculture, MAPs and Wildlife. The draft regulatory mechanisms should provide a clear description of the operational mechanisms for Monitoring the use of GR/TK and dispute management including penalties. It should also provide standard clauses for Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT) and elaborate a guideline on how to apply the regulations clarifying both access procedures for applicants and user procedures for compliance measures 
    In the case of Seychelles, a policy instrument shall be developed and submitted to the Cabinet of Ministers’ for adoption prior to drafting the legal ABS instrument. 
  • Technical inputs are provided to undertake the necessary revisions to address compliance and other legal issues throughout the validation process of the 5 national instruments 
    In the case of Comoros, guidance and technical support shall be provided to improve the capacities of Comoros National Competent Authorities and related agencies on processing access applications, developing model contractual clauses under mutually agreed terms, including the negotiation and tracking of ABS agreements and biodiscovery projects to ensure compliance.

Duration: 
The consultant is expected to work app. 75 days over a 7-month period; 15 working days per country.

Deliverables:

  • Deliverable 1 by 30 September 2017 - Methodology for the legal assessments and gap analyses (work input: app. 5 working days; payment 10% of total amount);
  • Deliverable 2 by 31 October 2017 - International benchmark of relevant ABS instruments (work input: app. 10 working days; payment 20% of total amount);
  • Deliverable 3 by 15 February 2018 – Five (5) national ABS instruments identified (and sector specific ABS regulations in the case of Sudan), drafted and submitted for validation at the national level (work input: app. 50 working days; payment 50% of total amount);
  • Deliverable 4 by 15 March 2018 - Technical inputs provided to address comments and ensure compliance (work input: app. 10 working days; payment 20% of total amount).

Travel arrangements: 

  • Country teams will indicate the number of missions to be conducted for each country and the duration for each mission as per their national needs. Air tickets and daily perdiems  shall then be directly covered by the respective country offices. An indicative planning shall be developed at the induction session following the hiring of the international consultant;
  • All related travel expenses will be covered by the project and arranged as per UNDP rules and regulations for consultants. Costs of travel should not be included in the financial proposal.
  • Consultants are responsible for obtaining any visas and security clearances needed in connection with travel with the necessary support from UNDP; 
  • Individual Consultants are responsible for ensuring they have the required vaccinations/inoculations when travelling to certain countries.

Competencies

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;
  • Promotes the vision, mission and strategic goals of UNDP.

Technical competencies: 

  • Ability to provide guidance on implementation of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS), including design and implementation of ABS and traditional knowledge policy and bioprospecting projects;
  • Knowledge of environmental issues, environmental law and policy concept and principles and the ability to apply to strategic and/or practical situations;
  • Knowledge of NRM concepts, principles and policies and ability to apply to strategic and/or practical situations;
  • Ability to work with multiple stakeholders across a wide range of disciplines.

Functional competencies:

Development and Operational Effectiveness:

  • Ability to contribute to strategic planning, change processes, results-based management and reporting;
  • Ability to lead formulation, oversight of implementation, monitoring and evaluation of development projects;
  • Ability to apply development theory to the specific country context to identify creative, practical approaches to overcome challenging situations.

Knowledge Management and Learning:

  • Demonstrates practical knowledge of inter-disciplinary development issues;
  • Seeks and applies knowledge, information, and best practices from within and outside of UNDP. 

Client Orientation:

  • Maintains relationships with clients, focuses on impact and result for the client and responds positively to feedback;
  • Consistently approaches work with energy and a positive, constructive attitude; 
  • Proven networking, team-building, organizational and communication skills.

Professionalism:

  • Demonstrates openness to change and ability to manage complexities;
  • Demonstrates strong oral and written communication skills;
  • Remains calm, in control and good humored even under pressure.
  • Excellent reporting skills;

Required Skills and Experience

Academic Qualifications/Education: 

  • Minimum Master’s degree in environmental law or policy, or any other related field. 

Experience: 

  • 5 years of experience in drafting multi-lateral environmental agreements or legal documents in similar environmental fields;
  • Experience in more than one country in designing and drafting national ABS laws and regulations;
  • Experience with the implementation of the Nagoya Protocol and ABS regimes in Africa region is required specific experience in Comoros, Ethiopia, Kenya, Seychelles or Sudan is an asset; 
  • Experience in facilitation to lead national discussions involving key experts and stakeholders from relevant national institutions;
  • Experience in planning, management, and coordination of multi-national, bi-national or regional projects is an asset; 
  • Previous work experience in one or more of the participating countries or in the region related to Access to Genetic Resources and Benefit-Sharing; 
  • Working experience in an international organization or knowledge of UN policies, procedures and practices is an asset. 

Language skills: 

  • Excellent writing, editing, and oral communication skills in English and French; good level of spoken  Arabic will be an advantage.

Evaluation of Applicants:

Individual consultants will be evaluated based on a cumulative analysis taking into consideration the combination of the applicants’ qualifications and financial proposal.
The award of the contract should be made to the individual consultant whose offer has been evaluated and determined as:
The award of the contract should be made to the individual consultant whose offer has been evaluated and determined as:

  • responsive/compliant/acceptable, and
  • Having received the highest score out of a pre-determined set of weighted technical (P11 desk reviews and interviews) and financial criteria specific to the solicitation. 

Only those candidates who obtained at least 70% of points in each of the steps of the process will be considered for financial proposal evaluation.  

Technical Criteria - 70% of total evaluation – max. 70 points:

  • Criteria A - (relevant education background) – max points: 5
  • Criteria B – (5 years of experience in drafting multi-lateral environmental agreements or legal documents in similar environmental fields) - max points: 10
  • Criteria C – (Experience in more than one country in designing and drafting national ABS laws and regulations) – max. points: 15
  • Criteria D - (Experience in planning, management, and coordination of multi-national, bi-national or regional projects)- max points: 5
  • Criteria E – (Working experience in an international organization or knowledge of UN policies, procedures and practices) – max. points: 5 
  • Criteria F – (Previous work experience in one or more of the participating countries or in the region on issues related to Access to Genetic Resources and Benefit-Sharing) – max. points: 10
  • Criteria G - Methodological Note (Good understanding of the main challenges to implement the Nagoya Protocol in the targeted countries, writing and editing skills in English and Arabic) – max. points: 10
  • Criteria H – Interviews (Experience and knowledge in the region, in multi-lateral agreements, in national ABS laws, oral communication skills in English and French, knowledge of Arabic will be an advantage) – max. points 10

Financial Criteria - 30% of total evaluation – max. 30 points.

Application procedures

Qualified candidates are requested to apply online via this website. The application should contain:

  • Cover letter explaining why you are the most suitable candidate for the advertised position Please paste the letter into the "Resume and Motivation" section of the electronic application. 
  • Filled P11 form including past experience in similar projects and contact details of referees (blank form can be downloaded fromhttp://www.eurasia.undp.org/content/dam/rbec/docs/P11_modified_for_SCs_and_ICs.doc); please upload the P11 instead of your CV. 
  • Financial Proposal* - specifying a total lump sum amount in USD for the tasks specified in this announcement. The financial proposal shall include a breakdown of this lump sum amount (number of anticipated working days and any other possible costs).
  • Incomplete applications will not be considered. Please make sure you have provided all requested materials

*Please note that the financial proposal is all-inclusive and shall take into account various expenses incurred by the consultant/contractor during the contract period (e.g. fee, health insurance, vaccination, personal security needs and any other relevant expenses related to the performance of services...). 

Payments will be made only upon confirmation of UNDP on delivering on the contract obligations in a satisfactory manner. 

Individual Consultants are responsible for ensuring they have vaccinations/inoculations when travelling to certain countries, as designated by the UN Medical Director. Consultants are also required to comply with the UN security directives set forth under dss.un.org
General Terms and conditions as well as other related documents can be found under: http://on.undp.org/t7fJs.

Qualified women and members of minorities are encouraged to apply.
Due to large number of applications we receive, we are able to inform only the successful candidates about the outcome or status of the selection process.