Background

The joint UNDP-Swedish EPA Environmental Governance Programme (EGP)

  • The Environmental Governance for Sustainable Mining (EGP) is a global project jointly implemented by the Swedish EPA and the UNDP.
  • The project is fully funded by Sida from 2014 through June 2019 (ca. 5 million USD).
  • It is implemented on global, regional and national level through a DIM modality.
  • On national level, it provides targeted support to four countries: Kenya, Mongolia, Colombia and Mozambique.

Phase one of the EGP has focused on sustainability challenges around large scale mining within the broader sustainable development context. The project helps to strengthen national capacities of ministries of environment, mining and other stakeholders to anticipate, prevent and mitigate negative social and environmental consequences of mining for a net positive benefit for society, and particularly for affected communities and vulnerable groups. This requires capacities for integrating human rights and biodiversity into regulatory frameworks, tools and processes governing the mining sector. It also means strengthening rule of law principles and procedural human rights, including the right to information, participation in decision-making, and redress and justice. EGP has a strong focus on facilitating neutral spaces where all stakeholders can collaborate on problem identification and shared solutions across sectors. There is also a strong focus on interactive learning and sharing of knowledge through peer to peer learning and a growing community of practitioners.

The ROLPA toolkit for Mining

To bridge the knowledge gap on how to situate, understand and act on rule of law challenges in public administration, UNDP and the Folke Bernadotte Academy of Sweden have developed a toolkit for assessing respect for rule of law principles in public administration, more specifically for analyzing the gap between the?de jure?offer of services – what people are entitled to and under what modality and conditions – and the?de facto?delivery of services, or what the people receive in reality and how these services are delivered.

The tool is designed to measure the performance and responsiveness of public service providers from a rights-based perspective and the way in which people’s rights and entitlements are respected in their daily interaction with administrative authorities. Strengthening the linkages between the rule of law and the capacities of public services will help to improve the quality of governance, also resulting in more positive perceptions by society of the responsiveness of public institutions. The toolkit can be found here (link)

The tool has now under the EGP been adapted to Environmental Governance Processes in the mining sector, such as licensing processes, by the Swedish EPA, the FBA and UNDP. The new tool, ROLPA Mining,? was piloted in Mongolia, Mozambique and Colombia from 2016-2018.

UNDP now wishes to roll out the tool in more location and explore synergies and complementarities with other existing mining governance assessment frameworks, including the World Bank’s Mining Sector Diagnostic.

Purpose

The purpose of this procurement exercise is to contract an individual consultant to provide technical Support to Promoting Rule of Law Principles and the Role of the Public Administration to anticipate, prevent and mitigate adverse Environmental and Social Impacts of Mining. The exercise will include a lessons learned workshop on the implementation of Rule of Law Principles and its broader application to sustaining peace and environmental governance.? More specifically, the consultant will assist the joint Swedish EPA-UNDP Global Project on Environmental Governance for Sustainable Natural Resource Management (EGP) in rolling out an assessment that measures the degree of adherence to rule of law/ environmental procedural rights principles in the mining sector with a focus on environmental and licencing Processes.

The consultant will work closely with a project team consisting of relevant UNDP, Swedish EPA and Folke Bernadotte Academy members. S/he will be supervised by the UNDP Project Manager for the EGP in based in New York. ?

 

Duties and Responsibilities

SCOPE OF WORK, RESPONSIBILITIES AND DESCRIPTION OF THE PROPOSED ANALYTICAL WORK

The consultant will be supervised by the the UNDP Project Manager for the Environmental Governance of Sustainable Natural Resource Management in based in New York The Consultant will work closely with the project management team and with Swedish EPA and FBA staff as needed in. The consultant will be expected to engage and consult with UNDP country office staff and national partners as appropriate to deliver the following deliverables:

Formulate Concept Note and Agenda for ROLPA Lessons Learned Workshop -?Impact level is Global; key partners are FBA; Working days =7; Timeine April - May 2019

  • Help design and participate in workshop sessions
  • Produce workshop report

‘Help Desk’ support to country-level implementation - Impact level is Country; key partners are UNDO COs; Working days = 10; Timeine April - June 2019

  • Technical advice ad hoc to the three programme countries looking to expand already existing ROLPA implementation.?

Advance ROLPA-MSD (Mining Sector Diagnostic) partnership with the World Bank - Impact level is Global/Country; key partners are World Bank; Working days= 15; Timeine April - June 2019

  • Conclude planning for joint country-level engagement
  • Joint UNDP-WB country scoping mission
  • Design joint framework for country engagement, integrating ROLPA and MSD methodologies
  • Joint inception mission, including selection of local implementing partner(s)
  • Technical advice and quality assurance of joint UNDP-WB country implementation

Strategy Note on ROLPA as integral approach for Sustaining Peace agenda - Impact level is Global; key partners are FBA; Working days = 8; Timeine May - June 2019

  • Based on lessons-learned workshop, formulate short strategy note for next generation application of ROLPA and its contribution to Sustaining Peace agenda
  • As appropriate, technical advice for follow-up actions stemming from lessons-learned workshop.

TOTAL of 40 working days.

Competencies

Corporate:

  • Demonstrates integrity by modelling the UN's values and ethical standards;
  • Promotes the vision, mission, and strategic goals of UNDP;
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
  • Treats all people fairly without favoritism.

Teamwork:

  • Openness to change and ability to receive/integrate feedback;
  • Ability to work under pressure;
  • Ability to work well in teams.

Required Skills and Experience

Professional Experience:

  • Minimum 10 years progressive experience in the realm of international development, business and human rights or similar
  • Demonstrated expertise on public administration, rule of law principles and local governance required.
  • Proven expertise on Agenda 2030 and SDG implementation and monitoring a requirement
  • Proven regional expertise aligned with the geographic priorities of the EGP, ideally with experience working with and/or in the key programme countries
  • Proven experience developing multi-stakeholder partnerships spanning across non-profits, governmental agencies (national and local level) and the business sector
  • Demonstrated high-quality delivery of workshop session design and presentation skills in relevant languages.

Education:

  • Advance higher education in International Development, Public Administration, Law
  • Diploma or similar related to Business and Human Rights, Private Sector Sustainability or Corporate Social Responsibility a distinct advantage

Language requirements:

  • Fluency in English and Spanish

Application Procedure

Application is a two-step process:

STEP 1

Qualified candidates are requested to apply online via this website interested individual consultants must submit the following documents/information to demonstrate their qualifications (note: all documents must be compiled into one file to be uploaded as part of the online application):

  • Online application with brief description of why the Offer considers her/himself the most suitable for the assignment; and
  • Personal CV or UN P11 form, indicating all experience from similar projects and specifying the relevant assignment period (from/to), as well as the email and telephone contacts of at least three (3) professional references. CV only will suffice as P11 is NOT mandatory.
  • Proposal of maximum 3 pages detailing the approach the consultant will take in conducting the work 

STEP 2

Financial Proposal.

After desk review of applications, shortlisted candidates (ONLY) will be contacted by UNDP for an interview. Only those applicants who receiver minimum 49 points on desk review and 21 points on the interview will be requested to submit a Financial Proposal:

  • The financial proposal shall specify a total lump sum amount, and payment terms around the specific and measurable deliverables of the TOR. Payments are based upon output, i.e. upon delivery of the services specified in the TOR, and deliverables accepted and certified by the technical manager.
  • The financial proposal must be all-inclusive and take into account various expenses that will be incurred during the contract, including: the daily professional fee; travel cost from the home base to the venue for the event, to be held in Nairobi, Kenya (including airfare, living allowance and terminal expenses); and any other relevant expenses related to the performance of services under the contract.
  • UNDP may request examples of past work from applicants as part of the evaluation process.
  • If the Offeror is employed by an organization/company/institution, and he/she expects his/her employer to charge a management fee in the process of releasing him/her to UNDP under a Reimbursable Loan Agreement (RLA), the Offeror must indicate at this point, and ensure that all such costs are duly incorporated in the financial proposal submitted to UNDP.

The Financial Proposal is to be e-mailed as per the instruction in the separate e-mail that will be sent to shortlisted candidates.

Evaluation Process

Applicants are reviewed based on required skills and experience stated above and based on the technical evaluation criteria outlined below. The Technical Evaluation may also include interviews with shortlisted candidate(s). Applicants will be evaluated based on cumulative scoring. When using this weighted scoring method, the award of the contract will be made to the individual consultant whose offer has been evaluated and determined as:

  • Being responsive/compliant/acceptable; and
  • Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation where technical criteria weighs 70% and Financial criteria/ Proposal weighs 30%.

Technical Evaluation Criteria - Max attainable 100 Points. 

N.B.: Applicant  must attain 70 % score on both desk review (49 points) and interview (21 points) to pass technical

Desk Review

  • Higher level degree in relevant discipline.  5 Points
  • Relevant experience with applying RoL principles in Public Administration. 15 Points
  • Relevant experience with Local Governance work. 10 Points
  • Proven regional expertise aligned with the geographic priorities of the EGP, ideally with experience working with and/or in the key programme countries. 10 points
  • Proven experience developing multi-stakeholder partnerships spanning across non-profits, governmental agencies (national and local level) and the business sector. 15 Points
  • Demonstrated high-quality delivery of workshop session design and presentation skills in relevant languages. 5 Points
  • Proficiency in English and ability to write reports, carry-out meetings, conduct seminars and perform trainings.  5 Points
  • The ability to write reports, carry-out meetings, conduct seminars and perform trainings in Spanish is desirable. 5 Points

Interview

  • Interview. 30 Points