Background
UNDP Myanmar has commenced implementation of its Country Programme for 2018-2022. Integrated programming has guided the design of the new programme in order to better address the inter-linkages between peace-building, governance, natural resource management and disaster resilience, inclusive growth, and the vertical linkages between subnational and national governance levels.
The Governance for Resilience and Sustainability Project (GRSP) leverages existing AF/GEF/REDD/GCF vertical funding and links up to horizontally and vertically with UNDP Country Programme key priority areas working at national and sub-national levels. GRSP is designed to help the Government of Myanmar (GoM) implement recent policy reforms related to environmental governance, climate change and disaster risk reduction (DRR), to ensure that economic growth in Myanmar is more inclusive, resilient and sustainable. The project recognises that environmental degradation, when combined with natural disasters and effects of climate change, undermines the attainment of inclusive and sustainable growth. It also recognises that Myanmar’s environmental assets present unique opportunities for green economic development, which can directly support women’s economic empowerment and community resilience.
The increased emphasis on public infrastructure investments and foreign direct investments in recent years require matching increases in environmental management and resilience. At the same time, the potential of green investments as wealth and employment generators needs to be supported and promoted by the GoM. The Union Government is promulgating a series of policies to address these challenges including the National Environmental Policy, Green Economy Policy Framework, Myanmar Climate Change Strategy and Action Plan, and Myanmar Action Plan on DRR (MAPDRR). These policies now require enabling mechanisms for effective implementation and enforcement so that they deliver benefits for all people.
Over the 5-year period of the new CPD, GRSP aims to enable the GoM mainstream environment, climate change and DRR considerations into planning and project appraisal systems. It will also support key counterparts implement the new policies, including by promoting an integrated environmental financing framework by helping develop comprehensive organisational and human resources development plans. GRSP also aims to help promote green investments in environmental goods and services to protect natural resources, minimize and manage waste more effectively, while simultaneously creating sustainable wealth and employment.
As part of the work on environmental financing, GRSP is collaborating with WWF Myanmar and the Environmental Conservation Department (ECD) of the Ministry of Natural Resources and Environmental Conservation (MONREC) on the development of an Environmental Management Fund (EMF) in accordance with the Environmental Conservation Law (2012) and Environmental Conservation Rules (2014). Following a year-long process of dialogue, consultation, scoping and appraisal, the broad architecture and design of the EMF has been agreed with ECD. ECD has subsequently requested assistance to commence drafting the detailed regulations that will govern the EMF’s setup and operation.
Duties and Responsibilities
With the technical guidance of the Project Manager/Chief Technical Advisor (GRSP) from UNDP Country Office, and in close cooperation with ECD and WWF Myanmar, the international consultant will prepare draft regulations to govern the establishment and operation of the EMF. The draft regulations must address: setup of the EMF within Myanmar’s budgetary system; oversight and operation of the EMF; detailed rules (and creation of heads of power for further rules development) to guide the use of funds; and related legal issues such as tax treatment of funds.
The preparation of the draft regulations will require a combination of desktop research, discussions with key government officials, consultation meetings on draft versions, review of translated text (Myanmar to English) and discussion with translators, and preparation of final draft regulations in English language. The final draft should be in a form that, subject to final translation into Myanmar language (by UNDP), ECD can submit for approval by the Government.
In particular, the international consultant will:
- Lead the drafting of regulations to govern the EMF (both its setup and operation)
- Lead consultation meetings with officials from key government departments (including MONREC, Ministry of Planning and Finance, and Union Attorney-General’s Office) on the draft regulations
- Revise drafts based on feedback and guidance from government officials, UNDP and WWF Myanmar
- Follow the approach to the EMF established in the Scoping Study, Design Paper and other documents produced by ECD, WWF and UNDP
- Ensure the draft regulations are in compliance with other laws and regulations in Myanmar, including the Financial Regulations issued by the Ministry of Planning and Finance in 2017
Key deliverables are:
- Brief methodology for the assignment
- Outline of content and proposed structure for regulations
- First draft of regulations for discussion with key government officials
- Summary report of feedback from key government stakeholders on first draft of regulations
- Final draft of regulations
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.
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:
- Masters degree in relevant field, including law, public finance or environmental policy.
Experience:
- At least 7 years of experience of drafting relevant laws and regulations, preferably in an Asian country context.
- Demonstrated legal understanding of governance and fiduciary obligations as they would relate to fund managers.
- Past experience with environmental fund management will be a significant asset.
- Demonstrated ability to conduct research in Myanmar and to work with local legal experts.
- Demonstrated capacity to work in a consultative manner, good networking and capacity to deal well with people.
Language skills:
Excellent English language skills with strong technical writing skills, effective oral and communication skills
Must be an international expert prepared to travel to Myanmar.