Background
UNDP is the leading United Nations organization fighting to end the injustice of poverty, inequality, and climate change. Working with our broad network of experts and partners in 170 countries, we help nations to build integrated, lasting solutions for people and planet. UNDP Sri Lanka has been working as the key development partner of choice since 1967, to achieve sustainable human development on economic, social and environmental fronts. UNDP Sri Lanka has a portfolio of projects that focus on environmental sustainability and climate resilience. Tourism development has direct links with the environment sustainability of countries like Sri Lanka. In this background UNDP is supporting the Government of Sri Lanka to develop a safer and resilient tourism sector in the post COVID pandemic situation.
The tourism sector is a critical economic sector in Sri Lanka and brings together a diverse group of stakeholders, industries, businesses and workers. The sector is an employment generator, especially for rural youth. It is underpinned by a substantial Small and Medium Enterprises (SMEs) sector, providing direct and ancillary services. A high percentage of the sector is informal. It is understood that the sector has not met its full potential, due to external shocks, poorly developed infrastructure, and limited value proposition of tourism products and services. Therefore, tourism is one of the worst-affected industries on account of COIVD-19 and SMEs and the informal sector are especially vulnerable.
UNDP is assisting the Government of Sri Lanka (GoSL) to revive the tourism sector and assist the future sector transformation. This involves support being provided to develop a Tourism Roadmap, an updated strategic action plan, and the formulation of a Joint Programme to support the rolling out of the Strategic Action Plan. The Joint Programme will contribute to the recovery, sustainability and resilience of the sector, through a three-pronged strategy that provides a) immediate technical and backstopping assistance to the Government of Sri Lanka; b) strengthen tourism governance frameworks, and 3) develop and test strategies to boost sustainable and equitable tourism products in Sri Lanka. The programme adopts a ‘whole of government’ and a ‘whole of society’ approach and works with diverse stakeholders and partners.
Under the overall strategic guidance of the Team Leader- Climate and Environment Team, the Legal Advisor will provide effective legal advice to Sri Lanka Tourism Development Authority and other key government tourism related agencies.
SCOPE AND OBJECTIVES
Scope
The legal advisor should be a senior counsel with substantial experience working in public sector institutions and familiar with the legal framework governing public sector institutions. He/she should be able to guide/ legal staff of the tourism related institutions mentioned below and provide capacity building support to all staff on legal requirements and obligations in their course of work. Some familiarity with the tourism development context is required to guide tourism recovery and institutional reform efforts. The consultant is expected to closely align the capacity building and advisory functions with the principals of the tourism recovery roadmap and support the evolving tourism policy and new Tourism Act.
Duties and Responsibilities
The responsibilities of the consultant are as follows:
- Advise the Management Boards of Sri Lanka Tourism Development Authority, Sri Lanka Tourism Promotions Bureau, and Sri Lanka Conventions Centre on any legal matter related to the institutions.
- Advice and build capacity of the existing staff of above organizations on
- Drafting long term leases and commercial/other agreements
- Developing Memorandums of Understanding (MOU) with National Tourism Organizations of Foreign countries and with various other agencies for sponsorships and/or other needs.
- Intellectual property rights
- Contract management including lease contracts
- Human resources management
- Obtaining appropriate legal counsel for regular functions
- Procurement of services
3. Provide expert input to the finalisation of the draft Tourism Act
Expected Output/Deliverables
- An inception report providing details of the work programme along with a time line;
- A progress report after completing 30% of the agreed work programme through the inception report;
- A progress report after completing 60% of the agreed work programme through the inception report;
- A progress report after completing 100% of the agreed work programme through the inception report.
TIMEFRAME
The envisaged time frame of the consultancy is 60 days within 6 months duration
Competencies
The prospective consultant should have following competencies and qualifications.
Technical
- conversant and thorough on company laws and state/government procedures and processes
- Strong analytical, writing and advocacy skills.
- Excellent organizational skills.
- Ability to prepare publications, reports and presentations.
- Ability to manage and work with a multidisciplinary and multicultural team.
Partnerships
- Ability to seek and apply knowledge, information and best practices from multiple sectors
- Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability.
- Excellent written communication skills, with analytic capacity and ability to synthesize relevant collected data and findings for the preparation of case studies and progress reports.
- Excellent leadership, coordination and team working skills;
Results
- Builds strong relationships with clients, focuses on impact and result for the client and responds positively to feedback.
- Good team player who has ability to maintain good relationships.
Required Skills and Experience
- A Master's degree, preferably in the field of law or any other relevant field;
- At least fifteen years of work experience in providing legal advice to key government and private sector institutions or working as a senior legal councel.
- Strong professional working capacity to analyse the legal capacity building needs of the Sri Lanka Tourism Development Authority (SLTDA), Sri Lanka Tourism Promotion Bureau (SLTPB) and Sri Lankan Convention Centre (SLCC) .
- Understanding of tourism stakeholders, challenges in post COVID revival of tourism industry and sustainable tourism development will be an added advantage
- Very good inter-personal skills
- Excellent language skills (writing, speaking and reading) in English and local languages
HOW TO APPLY
- To apply please access UNDP Jobs site http://jobs.undp.org.
The application should contain:
- Cover letter explaining why you are the most suitable candidate for the advertised position and a brief methodology on how you will approach and conduct the work.
- Updated CV to include qualifications/competencies and relevant past experience in similar projects and contact details of 3 professional referees who can certify your competencies, professionalism, quality of writing, presentation and overall suitability to this TOR
- Individual consultants will be evaluated based on a combination of factors including cover letter, the credentials on offer and brief interview (optional) and the offer which gives the best value for money for the UNDP.
- Please send the Financial Proposal separately to the following e-mail address: consultants.lk@undp.org stating the vacancy number/position in the subject line. Failing to provide correct vacancy number & position would be a disqualification.
FINANCIAL PROPOSAL
All Inclusive Lump Sum Fee: LKR (_______________________________________)
Or
All Inclusive Daily Fee: LKR (_____________________________________)
Amount in words: (Rs._________________________________________________________)
Please refer the below link for Financial Proposal Template
Note: Payments will be based on invoices on achievement of agreed milestones i.e. upon delivery of the services specified in the TOR and certification of acceptance by the UNDP. The applicant must factor in all possible costs in his/her “All Inclusive Lump Sum Fee” including his/her consultancy and professional fee, travel (economy class flights is required to and from the Duty Station) honorarium, board and lodging, and any other foreseeable costs in this exercise. No costs other than what has been indicated in the financial proposal will be paid or reimbursed to the consultant. UNDP will only pay for any unplanned travel outside of this TOR and Duty Station on actual basis and on submission of original bills/invoices and on prior agreement with UNDP officials. Daily per diem and costs for accommodation/meals/incidental expenses for such travel shall not exceed established local UNDP DSA rates.
For an Individual Contractor who is 65 years of age or older, and on an assignment requiring travel, be it for the purpose of arriving at the duty station or as an integral duty required travel under the TOR, a full medical examination and statement of fitness to work must be provided. Such medical examination costs must be factored in to the financial proposal above. Medical examination is not a requirement for individuals on RLA contracts.
PAYMENT FOR SERVICES
Payments will be based on milestones certified by the National Project Coordinator -BIOFIN
Payment Milestones will be as follows: .
- An inception report providing details of the work programme along with a time line- 10% of the total payment;
- A progress report after completing 30% of the agreed work programme through the inception report- 20% of the total payment;
- A progress report after completing 60% of the agreed work programme through the inception report - 30% of the total payment;
- A progress report after completing 100% of the agreed work programme through the inception report - 40% of the total payment.