UNDP Jobs - 75026- International Consultant for the drafting of count

International Consultant for the drafting of country specific guidelines to access knowledge, innovation and practices related to genetic resources in the Africa region

Location :

Home-based with the possibility of missions within Africa region as needed

Type of Contract :

Individual Contract

Starting Date :

Application Deadline :

19-Oct-17 (Midnight New York, USA)

Post Level :

International Consultant

Duration of Initial Contract :

Estimated October 2017– 15 January 2018

Languages Required :

English

Expected Duration of Assignment :

approximately 60 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 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.

Article 8(j) of the CBD states “Each contracting Party shall, as far as possible and as appropriate: Subject to national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge innovations and practices”.

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 Botswana, Comoros, Ethiopia, Rwanda, 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 Botswana, Comoros, Ethiopia, Rwanda, Seychelles and Sudan, the 6 countries will proceed with the recruitment of an international consultant to draft country specific processes and guidelines, in line with national and local circumstances of local communities in each of the 6 participating countries covered by this consultancy, to access their Traditional Knowledge (TK), innovation and practices related to genetic resources and to ensure a fair and equitable sharing of benefits arising from their utilization, for the conservation and sustainable use of biodiversity.

The international TK consultant will interact with the respective national task forces in charge of undertaking TK related inventories whenever applicable and consult with key national stakeholders to develop appropriate and effective measures for the protection and valorization of TK related to the utilization of Genetic resources and generate inventory procedures of the same TK.

Context:

Botswana

Botswana is a Party to the Nagoya Protocol since its entry into force (accession) on October 12, 2014. Botswana does not have specific legislation on access to genetic resources and benefit-sharing as provided for under the CBD and the Nagoya Protocol. However, there is sectoral legislation with components of and relevance to ABS. In Botswana, natural resources are managed by a statutory authority, usually a government department that would be responsible for administering sector-specific legislation, depending on the resource. There are at least 19 pieces of legislation relevant to ABS issues, with six covering land. The rest are sectoral, addressing water and waste management, industry, public health, forestry, agriculture, and fish protection and aquatic weeds. The Wildlife and National Parks Act and the Agricultural Resources Act, provide, to a reasonable extent, the structures, processes, and procedures for application to access resources (particularly wild flora and fauna within established wildlife protected areas). These measures both pre-date the CBD, and the Nagoya Protocol and ABS is not addressed specifically by this legislation. However, these two Acts can be the foundation for development of ABS legislation in Botswana. A Draft National Environment Act is undergoing review and consultation, and suggestions have been made to consider ABS as one of the Chapters of this Act, instead of creating an additional piece of legislation dealing specifically with ABS.

The Department of Environmental Affairs (DEA), in the Ministry of Environment, Wildlife, and Tourism, is the focal point for the CBD and the Nagoya Protocol on ABS. The type of biological resources accessed and the purpose of access determine whether and which other institutions are involved in ABS management. For example, the Department of Wildlife and National Parks is primarily responsible for animal biodiversity as well as other resources found in wildlife management areas, national parks, private game reserves, and other such designated conservation areas. The Ministry of Agriculture is responsible for plant resources and agro-biodiversity, including veldt products and medicinal plants on state and communal lands. However loosely, the institutional framework does provide an access process, and in some cases specific procedures such as the requirement for permits. However, the key elements of Prior Informed Consent (PIC), mechanisms for consultation with relevant stakeholders, legal certainty and clarity, and a clear application process for ABS are not covered by the current institutional framework.

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 ishosted. The Direction will be in charge of the implementation of the Nagoya Protocol in Comoros.

Reference documents

Loi cadre environnementale
Politique environnementale
Stratégie nationale sur la biodiversité
Draft de la loi portant création et gestion des aires protégées
Stratégie nationale pour l’expansion des aires protégées
Arrêté sur la protection des espèces

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 biodiersity 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.

In the case of Ethiopia, the consultant should consider the following elements:

A concise methodology with clear guidance and technical inputs are provided to the national assessments and gap analyses to identify Traditional Knowledge related gaps and shortcomings in the existing national legal frameworks.
Since the existing requirement of patent application makes TK related to genetic resources not eligible for protection, TRIPS must provide its members with discretion as to the criteria and requirement that will be applied in order for TK related to genetic resources to be eligible for patentability or strong sui generis system of protection
By using the existing IPR models like patents, they must provide an IP law which rejects and revokes a patent application on grounds of non-disclosure or wrongful disclosure of the source of origin of genetic resource or traditional knowledge associated with genetic resources in the patent application.
The CBDs requirement of PIC, benefit sharing arrangement and mandatory disclosure of origin of the genetic resources must be inserted as additional requirement under Ethiopian patent laws only for TK associated with genetic resources.
There must be a mechanism under the Ethiopian plant breeders’ proclamation aimed at enabling benefit sharing among farmers from the use of farmer ‘s varieties and genes.
There must be minimum requirement for effective sui generis system and the rights which it confers to the individual must be specified and the term effective Sui generis must be defined so as to provide protection to the holders of TK related to genetic resources, recognize the rights of holders TK and respect PIC and benefit sharing arrangement which is specified under the CBD.
There must be a mechanism under the Ethiopian plant breeders’ proclamation aimed at enabling benefit sharing among farmers from the use of farmers ‘s varieties and genes.
The development of registries of traditional knowledge related to genetic resources at the national level or international levels, and the sharing of this information with patent offices throughout the world, can contribute to preventing the misappropriation of traditional knowledge and this in turn supports traditional knowledge ‘status as prior art. This will ensure that national intellectual property offices including EIPO are adequately and well resourced. There must have sufficient resources to develop registries of traditional knowledge to avoid granting inappropriate patents.
Ways to strengthen the documentation of TK.

Reference documents:

Access to Genetic Resources and Community Knowledge and Community Rights Proclamation No. 482/2006, Federal Negarit Gazeta, 13th Year No. 13
Access to Genetic Resources and Community Knowledge and Community Rights council of Ministers Regulation No. 169/2009, Federal Negarit Gazeta, 15th Year No.67
Ethiopian biodiversity institute establishment council of ministers’ regulation No. 291/2013, Federal Negarit Gazeta, 19th Year No.57
Criminal code of the Federal Republic of Ethiopia, 9th day of May 2005
Plant Breeders Rights Proclamation No. 481/2006. Federal Negarit Gazeta, 11th Year No. 58
Trademark Registration and Protection Proclamation No.501/2006 Federal Negarit Gazeta, 12th Year, No.37
Copyright and neighboring rights proclamation No.410/2004 Federal Negarit Gazeta, 10th Year No. 55
African Model Legislation for the Protection of the Rights of Local Communities, Farmers and Breeders, and for the Regulation of Access to biological Resources adopted by OAU in Algiers, Algeria on 2000.
Drug Administration and Control Proclamation No. 176/1999, Federal Negarit Gazeta, Year 5 No.6
National Policy on Biodiversity Conservation and Research of Ethiopia. Addis Ababa, Ethiopia, (1998).
Food, Medicine and Health Care Administration and Control Proclamation No. 661/2009, Federal Negarit Gazeta, 16th Year No.9
Institute of Biodiversity Conservation and Research Establishment Proclamation No. 120/1998, Federal Negarit Gazeta, Year 4 No.49
Inventions, Minor Inventions and Industrial Designs Council of ministers Regulation No. 12/1997, Federal Negarit Gazeta Year 3 No.27
Ministry of Health. National Drug Policy of the Transitional Government of Ethiopia. Addis Ababa, Ethiopia (1993).
Trade Practice and Consumers Protection Proclamation. Federal Negarit Gazeta Year 16 No. 49. Proclamation No. 685/2010

Rwanda

Rwanda ratified the Nagoya Protocol on October 12, 2014 and is on track to develop an enabling legal and institutional framework for the implementation of the Protocol. A draft ministerial order governing the access to genetic resources and the fair and equitable sharing of benefits arising from their use in Rwanda has been developed. Other related existing laws are the Organic Law No. 04/2005, which determines the modalities of protection, conservation, and promotion of the environment in Rwanda, especially in its articles 4, 19, 52 and 82; Law No. 70/2013 of 02/09/2013, which governs biodiversity in Rwanda, especially in its Article 29; and Law No. 31/2009 of 26/10/2009, which enforces protection of intellectual property rights (IPR).

Rwanda adopted a Biodiversity Policy in 2011 and a Biodiversity Law in 2013, and developed its first NBSAP in 2003. The document targeted the following five major outcomes: a) improved conservation of protected areas and wetlands; b) sustainable use of the biodiversity of natural ecosystems and agro-systems; c) the rational use of biotechnology; d) the development and strengthening of policy, institutional, legal, and human resource frameworks; and e) the equitable sharing of benefits derived from the use of biological resources.

Although many activities have been successfully achieved for each of the five outcomes, implementation challenges still persist in the following areas; coordination of activities due to lack of key permanent staff to manage and monitor the overall program; technical capacity; linkage with other international instruments; conflicting priorities based on institutional mandates; lack of new and appropriate financing mechanisms; mobilization and coordination of donors; and the absence of an established benefit-sharing mechanism in agroecosystems production and the initiation of new and stimulating incentives to protect agrobiodiversity. The revision and updating of the NBSAP has been completed in December 2016 and the new NBSAP was approved by the Rwanda Cabinet of Ministers on 03/02/2017.

Rwanda Environment Management Authority (REMA) is the designated institution where the CBD and ABS focal points are hosted. The implementation of the basic measures of the Nagoya Protocol in Rwanda as one of the 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 the biological resources from where the genetic resources were obtained. This will fulfil the three objectives of the Convention on Biological Diversity.

UNDP will contract the Traditional Knowledge (TK) Consultant to undertake the assignment on behalf of REMA. REMA will supervise the TK Consultant and will facilitate logistical requirement for the work, such as the organizing of field visits. The TK Consultant will directly report to the ABS Project Coordinator at REMA and UNDP Country Office focal point. A Technical Working Group to guide the assignment will be established, made up of technical members of related government agencies, civil society, private sector, academia, REMA and UNDP. All deliverables should be accepted and approved by the Technical Working Group, and cleared by the DG REMA.

Reference documents

Organic Law No. 04/2005
Law No. 70/2013 of 02/09/2013
Law No. 31/2009 of 26/10/2009
Biodiversity Policy (2011)
Biodiversity Law (2013)
NBSAP (Revised 2016)

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.

Reference documents

Patents Act
Copyright Act, 2014 (Act No. 5 of 2014)
Environment Protection Act
National Parks and Nature Conservancy Act

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.

Reference documents

Intellectual property rights (IPR)
National Research Center Law 1991
Industrial commercial signals 1969
Protection of Copy rights and related rights law 2013
Industrial models and geographical indicators law
Seeds and protection of varieties 2010
Other Sectoral laws and policies
NBSAP (Revised 2015)

Objectives of the assignment:

This international consultancy aims to support the countries of Botswana, Comoros, Ethiopia, Rwanda, Seychelles and Sudan to draft country specific processes and guidelines, in line with national and local circumstances of local communities, to access their knowledge, innovation and practices related to genetic resources and to ensure a fair and equitable sharing of benefits arising from their utilization, for the conservation and sustainable use of biodiversity.

The consultant will define the methodology of accessing information on traditional knowledge based on the respective national legal frameworks, local contexts and the existing/emerging national Intellectual Property Rights (IPR) systems. This includes the drafting of country specific processes, in line with national and local circumstances of local communities in Botswana, Comoros, Ethiopia, Rwanda, Seychelles and Sudan, to access their knowledge, innovation and practices related to genetic resources and to ensure a fair and equitable sharing of benefits arising from their utilization, for the conservation and sustainable use of biodiversity. These processes shall be drafted with reference to national ABS legislation and regulations and provide the legal space for the development of biocultural community protocols (BCPs) and sector specific processes for Access and Benefit Sharing, in accordance with national and customary laws, community protocols, community practices and the national IPR systems.

The consultant should undertake a detailed assessment and analysis of national legislations and regulations related to ABS and traditional knowledge to design a specific methodology, in accordance with national and customary laws, community protocols, community practices and the national IPR systems to ensure potential users of traditional knowledge associated with genetic resources and held by local communities obtain the approval and involvement of these indigenous people and local communities, and that these indigenous people and local communities obtain a fair and equitable sharing of benefits arising from their utilization.

The process must be inclusive of relevant stakeholders, and developed with close stakeholder consultation. Following the methodology, the consultant will then develop a guideline on the collecting of inventories of traditional knowledge, which will be undertaken by national TK task forces comprised of national consultants and partners to be hired within the scope of the global ABS project.

Duties and Responsibilities

The Consultant shall work in close coordination with the project country teams in Botswana, Comoros, Ethiopia, Rwanda, 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 national consultants, 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 take in due account the proposed “guidance for the drafting of a methodology to access TK related to Genetic Resources for research purposes, to ensure its protection, and to undertake national TK inventories” that will be provided by the Global ABS Project Team.

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

Phase I: The Consultant shall provide a sound analysis of the existing and evolving legislations and regulations related to traditional knowledge and ABS in each of the 6 targeted countries.
Phase II: The international consultant shall undertake and present to the country teams, in complementarity with the conclusions of the analysis from phase 1 and the recommendations received from key resource persons, a methodology of accessing information on traditional knowledge which ensures that potential users of traditional knowledge associated with genetic resources in the 6 targeted countries will involve and obtain approval from local communities; and that the local communities have a fair and equitable sharing of benefits arising from their utilization, in close consultation with all relevant stakeholders.
Phase III: It is expected from the international consultant at this stage to provide a clear and complete guidance on conducting inventories, which will define the way national and local inventories of traditional knowledge related to genetic resource will be conducted. The guideline will provide clear guidance on the initial full inventory development and for future institutionalization, regarding data, documentation, storage, and a definition on who can access and under which conditions it can be made public.
Phase IV: this is the final stage of this consultancy where the international consultant will validate the methodology with key stakeholders to pave the way for the national inventories, in collaboration with the national consultants who will collect the data for the traditional knowledge inventories.

The International Consultant shall consider the following indicative milestones:

A sound analysis of the existing and evolving legislations and regulations related to traditional knowledge and ABS and in the 6 targeted countries.
A methodology of accessing information on traditional knowledge which ensures that potential users of traditional knowledge associated with genetic resources in the 6 targeted countries will involve and obtain approval from local communities; and that the local communities have a fair and equitable sharing of benefits arising from their utilization, in close consultation with all relevant stakeholders.
A clear and complete guidance on conducting inventories, which will define the way national and local inventories of traditional knowledge related to genetic resource will be conducted and shared. The guideline will provide clear guidance on the initial full inventory development and for future institutionalization, regarding data, documentation, storage, and a definition on who can access and under which conditions it can be made public.
Technical inputs are provided to validate the methodology with key stakeholders to pave the way for the national inventories, in collaboration with the national consultants who will collect the data for the traditional knowledge inventories.

Duration:

The consultant is expected to work app. 60 days over a 3-month period; 10 working days per country.

Deliverables:

Deliverable 1 by 30 October 2017 - An Inception Report, including the understanding of the consultant of the TORs, methodology to be used, a sound analysis of existing and evolving legislations and regulations related to ABS and traditional knowledge in the 6 targeted countries, and a workplan. To be delivered 2 weeks after start of the assignment the latest analyses (work input: app. 5 working days; payment 20% of total amount);
Deliverable 2 by 30 November 2017 - A methodology of accessing information on traditional knowledge which ensures that potential users of traditional knowledge associated with genetic resources in the 7 targeted countries will involve and obtain approval from local communities; and that the local communities have a fair and equitable sharing of benefits arising from the utilization, in close consultation with stakeholders. To be delivered at latest 1 month after start of the assignment (work input: app. 10 working days; payment 30% of total amount);
Deliverable 3 by 31 December 2017- A guidance on conducting inventories, which will define the way national and local inventories of traditional knowledge related to genetic resource will be conducted and shared. The guideline will provide clear guidance on the initial full inventory development and for future institutionalization, regarding data, documentation, storage, and a definition on who can access and under which conditions it can be made public. To be delivered at latest 2 months after start of the assignment (work input: app. 50 working days; payment 30% of total amount);
Deliverable 4 by 30 January 2018 – A Validation Workshop, to validate the methodology with key stakeholders and to pave the way for national inventory collection, in collaboration with the consultant who will collect traditional knowledge inventory. To be delivered at latest 3months after the start of the assignment(work input: app. 10 working days; payment 20% of total amount).

Travel arrangements:

If applicable, 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. In this case, 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. In the case where country missions are not required, the international TK consultant will conduct virtual meetings with the national consultants in place for coordination purposes.
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

Education:

Master degree in environmental law, intellectual property law, social sciences or other related academic backgrounds.

Experience:

Minimum 5 years of experience, with a proven expertise record at the national level working on traditional knowledge and benefit sharing mechanisms;
Experience in drafting methodologies and guidelines involving the use of traditional knowledge carried out within the last 10 years;
Experience of working on TK issues in the context of the NP and ABS regimes in general; in Africa region will be an advantage;
3 years of experience in communication, facilitation and reporting to lead participatory consultations involving key stakeholders from local communities, associations and key national institutions;
A good understanding of gender mainstreaming concerns to provide space for women and youth within local communities to participate into decision making and obtain a fair share of benefits is an advantage.

Language skills:

Excellent writing, editing, and oral communication skills in English and French; knowledge of 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:

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, with a proven expertise record at the national level working on traditional knowledge and benefit sharing mechanisms) - max points: 10
Criteria C – (Experience in drafting methodologies and guidelines involving the use of traditional knowledge carried out within the last 10 years)- max points: 10
Criteria D – (Experience of working on TK issues in the context of the NP and ABS regimes in general; in Africa region will be an advantage) – max. points: 10
Criteria E – (3 years of experience in communication, facilitation and reporting to lead participatory consultations involving key stakeholders from local communities, associations and key national institutions) – max. points: 10
Criteria F – Methodological note - (good understanding of the main challenges regarding the protection and valorisation of TK related to the utilization of genetic resources and their inventory procedures within the framework of the Nagoya Protocol in the targeted countries, writing and editing skills in English) – max. points: 10
Criteria G – Interviews (experience and knowledge in the region, in traditional knowledge and benefit sharing mechanisms, good understanding of gender mainstreaming concerns to provide space for women and youth within local communities to participate into decision making and obtain a fair share of benefits, oral communication skills in English and French, knowledge of Arabic will be an advantage) – max. points 15

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

Application procedure:

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 USD* - specifying a total lump sum amount 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.