Historique

Sabah has experienced rapid economic growth and has relied heavily on its forest resources to finance its socio-economic development programmes. There has been an acceleration of forest conversion, particularly outside the forest reserves, as well as forest degradation within the forest reserves associated with over harvesting of resources and destructive harvesting methods. In order to mainstream biodiversity, ecosystem functions and resilience, while enabling sustainable uses, the Government of Malaysia and UNDP-GEF initiated a project entitled “Biodiversity Conservation in Multiple-use Forest Landscapes in Sabah, Malaysia”.

Sabah Cabinet recently approved the ecosystem conservation fee as part of Sabah Payment for Ecosystem Services (PES) policy strategy in April 2019. This policy direction sets out the need for a new state legislation to impose ecosystem conservation fee in Sabah.

Hence, UNDP Malaysia is currently seeking a qualified Legal Expert to draft a "Ecosystem Conservation Fee Enactment" for the State of Sabah, Malaysia in accordance with State policy endorsement on this matter previously. The new "Ecosystem Conservation Fee Enactment" draft Bill is to be presented to the Sabah State Government/Cabinet for their further action.

Devoirs et responsabilités

Responsibilities and Deliverables:

The Legal Expert will:

1. Undertake, organize and prepare materials to facilitate stakeholder consultations with relevant agencies to ensure quality outputs
2. Prepare discussion papers on key elements pertaining to the draft Enactment for discussion and consensus building on these key matters with relevant stakeholders
3. Prepare a first draft of the “Ecosystem Conservation Fee Enactment” and subject the same to consultations with stakeholders in order to obtain feedback
4. Following consultations to incorporate feedback where relevant and pertinent and submit a final draft of the Enactment.
5. To provide rationale and justification in narrative form where needed, to certain complex and technical provisions under the draft Enactment to serve as supporting material for high level decision making

Methodology

The methodology employs a number of investigative, analytical and consultative methods and tools to complete the tasks. In consultation with SFD, and relevant stakeholders, the methodology must strictly adhere to the timeline of agreed work plan.

Handling of Data, Information and Documents:

All data, information and documents obtained under this assignment is the property of the United Nations Development Programme and be treated as strictly confidential. No such information shall be used by the expert for any other purpose other than the preparation of deliverables.

All soft and hard copies of the data, information and documents must be returned to UNDP upon completion of this assignment.   

Expected outputs and deliverables:

Institutional Arrangement:

The Legal Expert will report to and seek approval and/or acceptance of deliverables from the Head of Sustainable and Resilient Development of UNDP Country Office in Malaysia.

The Legal Expert is expected to liaise/interact/collaborate/meet with the UNDP Country Office in Malaysia and collaborate with the Sabah State Attorney General’s Chambers, Sabah Chief Minister’s Department, including the Natural Resources Office and the Sabah Forestry Department, and other relevant agencies. He/She is also expected to submit and share progress report from time to time when requested.

The Sabah Forestry Department (SFD) will provide the Legal Expert with the necessary information and materials available for fulfilment of tasks and will facilitate the necessary meetings or workshops with relevant state government agencies.

Duration of the work:

The assignment will require up to 60-man days starting from 15 July to 15 November 2019.

Duty Station:

• Home-based with occasional trips to Sabah Forestry Department and relevant agencies;
• The Legal Expert is expected to attend relevant meetings and consultation workshops, if any, either in Kota Kinabalu or Sandakan.
• Legal Expert has to complete the new mandatory security awareness training (BSAFE) prior to commencement of travel including domestic travels within Sabah.
• Legal Expert is required to comply with the UN security directives set forth under https://dss.un.org/dssweb/.
• Legal Expert is responsible for ensuring they have vaccinations/inoculations when travelling to certain countries, as designated by the UN Medical Director.
• Legal Expert will be responsible for providing her/his own work station (i.e. laptop, internet, phone, scanner/printer, etc.) and must have access to reliable internet connection;
• The Expert will have to manage all personal local transportation and other communications.

Schedule of payment:

Payment to be made based on completed deliverables against the TOR, which will be assessed and verified by the UNDP Malaysia.

Compétences

Corporate Competencies:

• Demonstrates high moral integrity by modelling the UN’s values and ethical standards;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Treats all people fairly without favouritism;
• Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment.

Functional competencies:

• Strong analytical, writing and communication skills;
• Excellent financial and budgetary skills;
• Ability to prepare concept note and proposal;
• Strong motivation and ability to work and deliver under short deadlines;
• Focuses on impact and result for the client and responds positively to critical feedback;
• Able to work independently with little or no supervision;
• Familiarity with UNDP and Sabah state government strongly desired.

Qualifications et expériences requises

• An advanced university degree in law (Master’s degree or equivalent). Specialization in environmental law is an added advantage. A first-level university degree in similar fields in combination with five additional years of qualifying experience may be accepted in lieu of the advanced university degree.

Skills and Experience Required:

• This assignment is open to Malaysian nationals only.

Experience:

• At least 10 years of demonstrable experience in drafting bills, laws and revising legal Codes.
• Knowledge and demonstrable experience in the field of PES and conservation finance of law and governance in Sabah is an asset.
• Minimum of 10 years experiences in providing substantive support to government or intergovernmental bodies is highly preferred.
• Strong knowledge and experience on the challenges and relationships between the traditional and formal justice systems and its legal boundaries is preferred.
• Experience with development programmes/projects/activities especially in the state of Sabah is an added advantage.

Language Requirement:

• Proficient spoken and written English and Bahasa Malaysia is mandatory.

Documents to be included when submitting proposals:

Interested individual applicants must submit the following documents/information to demonstrate their qualifications:

1. Completed Letter of Confirmation of Interest and Availability (Annex 1) provided by UNDP;
2. Technical Proposal on how your qualifications, experience and list of track records can lead to successful deliverables of this assignment within the required timeframe, and provide a methodology and approach on how you will approach and conduct the assignments;
3. Financial Proposal (Annex 2) should specify unit price (daily professional fee in USD), travel and relevant costs using the financial proposal template in Annex 2.
4. Personal CV including areas of expertise and past experiences in similar projects and at least three (3) references.

How to Apply:

• Kindly download the Letter of Confirmation of interest and availability, Financial Proposal Template and General Terms & Conditions mentioned below;
• Read and agree to the General Terms & Conditions;
• Click the ‘apply’ icon and complete what is required;
• Scan all documents into 1 pdf folder and then upload;
• For clarification question, please email to procurement.my@undp.org. The clarification question deadline is three (3) days before the closing. When emailing for clarification questions, please put "MyIC/2019/043" as the subject matter.

Forms and General terms & conditions to be downloaded:

• The UN Personal History Form (P11) is available at:http://www.my.undp.org/content/dam/malaysia/docs/Procurement/P11%20for%20SC%20&%20IC.doc?download
• The Letter of Confirmation of Interest and Financial Proposal Template at: http://www.my.undp.org/content/dam/malaysia/docs/Procurement/MyIC_2019_043%20Annex%201-2.docx
• The General Terms & Conditions for Individual contract is available at:http://www.my.undp.org/content/dam/malaysia/docs/Procurement/General%20Conditions%20of%20Contract%20for%20IC.pdf?download
• The General Terms & Conditions for Reimbursement Loan Agreement is available at:http://www.my.undp.org/content/dam/malaysia/docs/Procurement/Reimbursable%20Loan%20Agreement%20_%20Terms%20&%20Conditions.pdf?download 

Criteria for selection of the best offer:

The award of the contract will be made to the Individual Expert who has obtained the highest Combined Score and has accepted UNDP’s General Terms and Conditions. Only those applications which are responsive and compliant will be evaluated. The offers will be evaluated using the “Combined Scoring method” where:

1. The technical proposal including educational background and experience on similar assignments will be weighted a max. of 70%;
2. The financial proposal will weigh as 30% of the total scoring.