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National Consultant for the drafting of Nationally Appropriate Legal Instruments on Access to Genetic Resources and Benefit-Sharing (ABS) in Africa Region
|Location :||Mahe, SEYCHELLES|
|Application Deadline :||23-Mar-18 (Midnight New York, USA)|
|Type of Contract :||Individual Contract|
|Post Level :||National Consultant|
|Languages Required :||English French|
|Starting Date :|
(date when the selected candidate is expected to start)
|Duration of Initial Contract :||73 person-days spread over 10 months|
|Expected Duration of Assignment :||73 person-days spread over 10 months|
Strengthening human resources, legal frameworks and institutional capacities to implement the Nagoya Protocol
Context and Objectives of Project
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 201., It provides a transparent legal framework for the effective implementation of the 3rd objective of the Convention on Biological Diversity (CBD); ““the fair and equitable sharing of the benefits arising out of the utilization of genetic resources.” 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. Component 1, Output 1.1.1 of the project seeks to, strengthen the legal, policy and institutional capacity to develop national ABS frameworks through the drafting and submitting of national ABS law/regulation and policy proposals, for approval to competent authorities.
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 even if it was considered a priority under the 1st NBSAP produced in 1997. 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 2012-2020.
The Seychelles Bureau of Standards (SBS), through its parent ministry, the Ministry of Industries and International Business, has a facilitator role as a hub where all the stakeholders and research partners can bring their application 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 Environment, under the MEECC is the designated institution where the Nagoya Protocol on ABS focal point is hosted.
Duties and Responsibilities
Scope of work
This national consultancy aims to support:
The national legal instruments to be developed, should be compliant with the provisions and obligation set out Nagoya Protocol and in the CBD. In line with national and local circumstances, the instruments shall include both a legislative and full-fledged regulations.
The legislative output shall refer to the drafting and/or the amendment of one or several laws being specific to or inclusive of ABS. The ABS regulations will need to be sector specific reflecting on national priorities.
The national consultant(s) will be aided by the international consultant who will provide clear orientations and high quality advisory services to guide the work of the national consultants, covered by this consultation throughout the process of design, drafting and the validation process of nationally appropriate ABS instruments in compliance with the Nagoya protocol and the CBD.
The national instruments should be:
The consultant(s) will adhere to National procedures for development and adoption of National guidelines, regulations, policies and legislative mechanisms.
The consultant will be responsible to undertake the following specific tasks and services:
Expected outputs and deliverables
Deliverables: Submission of work plan;
Deliverables: Deliverable 1 ¬ Assess existing laws relevant to ABS and the Nagoya Protocol, including a gap analysis conducted on the 2005 Bill on Access and Benefit Sharing with regard to the obligations set forth in the Nagoya Protocol; work alongside the TKC to see there are any existing and evolving legislations and regulations related to TK (traditional knowledge), GR (genetic resources) and ABS in Seychelles. Culminate this gap analysis in a report and a workshop to be presented to stakeholders during the IC’s country mission;
Deliverables: Deliverable 2 ¬ Develop a comprehensive ABS policy, including policy instruments for the protection of TK and GR;
Deliverables: Deliverable 3 ¬ ¬ Conduct consultations with the relevant ministries and stakeholders regarding the ABS Policy and legislation;
Deliverables: Deliverable 4 ¬ Present the ABS Policy alongside relevant ministry, to the Cabinet for its endorsement (this is a prerequisite for the Cabinet to instruct the Attorney General’s office to begin drafting the law).
Deliverables: Deliverable 5 ¬ Draft a national law on ABS for review and endorsement by the National Assembly.(from 2018) - The draft law might run in parallel with policy documentation but will be reviewed only upon approval of the Policy;
Deliverables: Deliverable 6 Draft ABS regulations under the ABS Act Guidelines for future access of the genetic resources;
Deliverables: Deliverable 7 Finalized Act;
The Consultant shall work under the supervision of the UNDP Country Office, National Project Coordinator and the ABS Focal Point and shall report to them for the fulfillment of his/her duties. The consultant is expected to be a part/host any relevant workshops/ presentations that may occur during the contract time. The Consultant is expected to liaise, interact and meet with government, UNDP, relevant ministries and all stakeholders involved with the project. The identified ministries and stakeholders for are as follows:
Required Skills and Experience
Qualifications of the Successful Individual Contractor
Scope of Price Proposal and Schedule of Payments
The financial offer should be quoted as a lump sum amount, all-inclusive (professional fee, insurance). Fees will not include duty related travel outside of Mauritius which will be borne by the project or from the Global Budget.
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:
Criteria for Selection of the Best Offer
Individual consultants will be evaluated based on the following methodology:
When using this weighted scoring method, the award of the contract should be made to the individual consultant whose offer has been evaluated and determined as:
All applicants will be requested to submit a price offer indicating their daily rate fee for the assignment. Following UNDP procurement rules, both technical competence and the consultant daily fee rate will be taken into account in the selection process. The technical evaluation will be based on the following evaluation criteria:
Candidates scoring 50 or above will be short-listed.
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;
Criteria: Financial score;
The candidate ranking highest shall be selected.
Annexes to the TOR
The approved Prodoc is available for download if requested, from the NPC.
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.