Historique

Project Title

Strengthening human resources, legal frameworks and institutional capacities to implement the Nagoya Protocol

Project Description  

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 2014, it provides a transparent legal framework for the effective implementation of the 3rd objective of the Convention on Biological Diversity (CBD). 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 1.1.2 of the project seeks to support the institutional framework for sui generis systems for protecting TK, innovations and practices and customary uses of biological and genetic resources.

Seychelles

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. The Republic of Seychelles received a GEF-enabling activity grant to develop its NBSAP in 1997, establishing among its major goals ensuring access to and the judicious control of genetic resources. 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.

The Seychelles Bureau of Standards (SBS), through its parent the Ministry of Industries and International Business, has a facilitator role as a hub where all the stakeholders and research partners can bring their documents 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 the Environment of the Ministry of Environment, Energy and Climate Change is the designated institution where the Nagoya Protocol on ABS focal point is hosted.

Reference documents

  • Patents Act
  • Copyright Act, 2014 (Act No. 5 of 2014)
  • Environment Protection Act 
  • National Parks and Nature Conservancy Act
  • NBSAP
  • SSDS
  • Genetic Resources Bill
  • Commentary on the development of the Republic of Seychelles Access to Genetic Resources and Benefit Sharing

Key Responsibilities

The consultant will adhere to National procedures for development and adoption of National guidelines, regulations, policies and legislative mechanisms. 

The consultant will be responsible for the provision of the following services: 

  • Assist the IC in validation workshop for the methodology with key stakeholders to pave the way for the national inventory development and creation.
  • From the guidelines provided by the IC, create a full inventory development; collect the data  and alongside the IC decide for future institutionalization, regarding data, documentation, storage, and a definition on who can access and under which conditions it can be made public.
  • Document TK practices, Customary uses of biological and genetic resources, including women practices, in consultation with key stakeholders through meetings and workshops. 

Devoirs et responsabilités

Scope of work

Seychelles, will proceed with the recruitment of a national consultant to draft country specific processes and guidelines, in line with national and local circumstances of local communities in  of the Seychelles covered by this consultancy, to access their Traditional Knowledge (TK), innovation and practices related to genetic resources and to ensure a fair and equitable sharing of benefits arising from their utilization, for the conservation and sustainable use of biodiversity.

The national TK consultant, alongside guidance from the IC will interact with the respective national task forces in charge of undertaking TK related inventories will wherever applicable, consult with key national stakeholders to develop appropriate and effective measures for the protection and valorization of TK related to the utilization of Genetic resources and generate inventory procedures of the same TK.

Deliverables:

Deliverables: Upon Submission of work plan;

Tentative date:  Friday 30 March 2018;

% Fees: 15;

Review ad Approvals required: UNDP Country Office.

Deliverables: Deliverable 1 - With assistance from the NPC and IC, coordinate a half day workshop to present the IC’s methodology to stakeholders;

Tentative date: Monday 23rd April (In country mission from the IC);

% Fees: 15;

Review ad Approvals required: UNDP Country Office ABS National Focal Point (ABS NFP).

Deliverables: Deliverable 2 –Create a database and repository for the following; 

TK practices, and Customary uses of biological and genetic resources, including women practices, to be done in consultation with key stakeholders through meetings and workshops; 

Tentative date: Friday 25th January 2019;

% Fees: 30;

Review ad Approvals required: UNDP Country Office, MEECC, ABS National Focal Point (ABS NFP).

Deliverables: Deliverable 3 - With assistance from the  IC, UNDP, NPC and FP, take the lead in deciding future institutionalization, regarding data, documentation, storage, and a definition on who can access and under which conditions it can be made public;

Tentative date: Thursday 31st January 2019;

% Fees: 10;

Review ad Approvals required:

Deliverables: Deliverable 4 - completed website and approval received from NPC, UNDP, NFP and Global ABS; 

Tentative date: Friday 22nd February 2019;

% Fees: 15;

Review ad Approvals required:

Deliverables: D5 assist the NPC in having a short workshop/training to raise awareness to members of the public and stakeholders;

Tentative date: Thursday 28th February 2019;

% Fees: 15;

Review ad Approvals required:

Institutional Arrangement

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:

  • The Seychelles Bureau of Standards (SBS), through its parent ministry, the Ministry of Industries and International Business;
  • The Ministry of Environment, Energy and Climate Change (MEECC);
  • The Ministry of Fisheries and Agriculture;
  • Ministry of Youth, Sports and Culture – Research Unit and National Heritage Research Section;
  • National Institute of Science Technology and Innovation (NISTI) - decision-making roles;
  • Attorney General’s Office;
  • Seychelles Heritage Foundation;
  • Blue Economy;
  • University of Seychelles- BERI;
  • National Biosecurity Agency;
  • CEPS;
  • Seychelles Island Foundation;
  • Marine Conservation Society of Seychelles;
  • Nature Seychelles;
  • PCA;
  • ICCS.

Duration 

  • The contract will start in March 2018 and will end (expected) 28th February 2019. The total working days estimated are 56.

Duty Station

  • Home based (Seychelles).

Compétences

  • Knowledge of environmental issues, environmental law and policy concept and principles and the ability to apply to strategic and/or practical situations;
  • Ability to work with multiple stakeholders across a wide range of disciplines;
  • Demonstrates practical knowledge of inter-disciplinary development issues;
  • Seeks and applies knowledge, information, and best practices from within and outside of UNDP; 
  • Maintains relationships with stakeholders , focuses on impact and result for the project and responds positively to feedback;
  • Consistently approaches work with energy and a positive, constructive attitude; 
  • 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.

Qualifications et expériences requises

Qualifications of the Successful Individual Contractor

Education

  • Minimum Bachelor’s degree in environmental law or policy, multi-lateral environmental agreements, or other related field. 

Language

  • Excellent writing, editing, and oral communication skills in English, Creole and French.

Experience

  • Minimum 3 years of experience in drafting legal documents in similar environmental areas; 
  • Experience in environmental law and regulations; 
  • Experience in facilitation to lead national discussions involving key experts and stakeholders from relevant national institutions;
  • Excellent reporting skills;
  • Proven networking, team-building, organizational and communication skills.

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:

  • Duly completed Letter of Confirmation of Interest and Availability using the template provided by UNDP;
  • Personal CV or P11, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Candidate and at least three (3) professional references;
  • Financial Proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs, as per template provided by UNDP.  

Criteria for Selection of the Best Offer

Individual consultants will be evaluated based on the following methodology:

Cumulative analysis 

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:

  • 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. 

Short-listing criteria:

  • Minimum BA or BSc in social sciences or  environmental field or  other related academic backgrounds - 15 marks;  
  • A good understanding of gender mainstreaming concerns to provide space for women and youth within local communities to participate into decision making and obtain a fair share of benefits is an advantage - 20marks;
  • Ability to communicate, facilitate and lead discussions with stakeholders, members of relevant local communities, associations and key national institutions - 25 marks;
  • Understanding of the socio-economic context of the Seychelles – 20 marks;
  • Excellent writing, editing, and oral communication skills in English, Creole and French to be able to lead relevant consultations -  20 marks;
  • Total – 100 marks.

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

Weight: 70%;

Max. Point: 70.

Criteria: Financial score

Weight: 30%;

Max. Point: 30.

The candidate ranking highest shall be selected.

Important Note:

  • Interested offeror is strongly advised to read the Individual Consultant (IC) Procurement Notice/TOR, which can be viewed at http://www.mu.undp.org/content/mauritius_and_seychelles/en/home/operations/procurement/
  • For more detail about term of references,general terms and conditions of IC and templates to be included when submitting offer;
  • Interested offerors above the age of 62 and requiring travelling: UNDP regulations require, at their own cost, to undergo a full medical examination including x-rays. Medical evaluation documentation does not need to be submitted with the other requested documents listed above, but will be requested should the candidate be chosen;
  • Interested offeror is required to submit application via UNDP jobsite system, because the application screening and evaluation will be done through UNDP jobsite system;
  • Please note that UNDP jobsite system allows only uploading of application document, so please make sure that you merge all your documents into a single file. Your on-line applications submission will be acknowledged where an email address has been provided. If you do not receive an e-mail acknowledgement within 24 hours of submission, your application may not have been received. In such cases, please resubmit the application, if necessary.