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National Legal Expert (3 positions ) Office of the Legal Advisor to the President
|Location :||Monrovia, LIBERIA|
|Application Deadline :||12-Sep-18 (Midnight New York, USA)|
|Type of Contract :||Individual Contract|
|Post Level :||National Consultant|
|Languages Required :||English|
|Starting Date :|
(date when the selected candidate is expected to start)
|Duration of Initial Contract :||6 months|
|Expected Duration of Assignment :||6 months|
Liberia’s natural resources continue to be a major source of hope for inclusive economic growth and development, as well as social transformation. The management of these natural resources, however, has come under scrutiny through the role of Foreign Direct Investment (FDI) concessionaires, whose operations were meant to generate employment and stimulate local economy. The sobering reality however is that concessions have not lived up to the expectations of the key stakeholders – the Government of Liberia, the investors, and the Project Affected Communities (PACs). While the decline in global commodity prices since 2011 has undermined revenues, progress in developing some of the concessions has been slow, particularly in the agriculture sector. Expected contributions to tax revenue and royalties from the investments have not been realized and local/community development spin-offs have not been delivered. Alongside these challenges, land concession conflicts and labour disputes associated with concessions continue to be a key driver of conflict.
The perennial inability of the Government to not only award concessions, but also to negotiate contracts that are beneficial to the country and then ensure implementation has come under criticism. Despite measures to enhance public contracting, including the enactment of the Public Procurement and Concession Act that established the Public Procurement and Concessions Commission, the establishment of the Liberia Extractive Industries Transparency Initiative and the National Bureau of Concessions, application of the legal and regulatory framework for the granting and management of concessions and implementation of this framework remains uneven, including performance monitoring to ensure full compliance.
With the election of George M. Weah as President, human development and a Pro-Poor agenda has assumed significance. Among his top priorities over the first 150 days is the review of all existing concessions agreements/contracts to establish the extent of legal compliance and enforcement of the terms and conditions, subject to the requirements of Liberian Law, and if not, to propose recommendations to address the default, and second, advise on prospective contracts to be signed. In this respect, the President has set up a Special Presidential Review Committee (the Committee, or SPRC) which has commenced work. The Minister of State for Presidential Affairs (Office of the President) has requested UNDP technical support for the work of the Committee.
Toward this end and to support Government’s effort aimed at accelerating economic development, and in cognizance of the new government’s pro-poor governance agenda, UNDP is seeking the services of an Independent expert(s) through a one-month consultancy to support the imperatives of the Committee.
Duties and Responsibilities
UNDP intends to engage International Expert(s) to assist the SPRC in their review of concession agreements/contracts in Liberia based on internationally accepted standards in the extractive sector. To improve legal compliance in the Liberia extractive sector and strengthen the foundation for fair, efficient and sustainable future operations and management, the Independent Expert(s) is expected to provide the following support services:
Before commencement of the assignment including accessing contracts and agreements, the Independent Expert(s) shall sign the Code of Conduct of the Committee.
Some adjustments to the specific tasks may be proposed by the independent expert(s) for approval by the Committee.
Required Skills and Experience
The selection of consultant will be aimed at maximizing the overall qualities in the following areas:
Criteria for Evaluation of Proposal: Only those applications which are responsive and compliant will be evaluated. Offers will be evaluated according to the Combined Scoring method – where the educational background and experience on similar assignments will be weighted at 70% out of the total passing score of 100 points and the price proposal will weigh 30% of the total of 30 points. The applicant receiving the Highest Combined Score that has also accepted UNDP’s General Terms and Conditions will be awarded the contract.
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.