Antecedentes

This report will be carried out as part of the UNDP-SEPA joint global programme “Environmental governance for sustainable natural resource management - Strengthening Human Rights and Rule of Law in Environmental Public Administration focusing on the mining sector”.

This joint programme draws on the combined governance, environmental and extractive sector management expertise of the Swedish Environmental Protection Agency (SEPA), UNDP and partners to address these challenges and strengthen human rights and the rule of law in environmental public administration in developing countries’ mining sectors as well as technical environmental capacities. The project strengthens coordination and cooperation with and between national counterparts, supporting national ownership and nationally-driven sustainable processes.

The programme provides capacity development support to Colombia, Mongolia, Mozambique, and Kenya, as well as a broader set of global activities that strengthen South-South and triangular knowledge sharing and communities of practice.

Through this country and global level work, the programme contributes to three outcomes:

* Strengthened institutional capacities in the four targeted countries to manage environmental impacts of the mining sector in line with human rights, gender, and rule-of-law principles;

* Strengthened skills, knowledge, and networks on human rights-based environmental public administration of the mining sector in a broader set of developing countries; and

* Establishment of a long-term SEPA-UNDP environmental governance partnership.

The Programme is managed by and being hosted within the Governance and Peace-building Cluster and the Sustainable Development Clusters BPPS, together with SEPA.

This report will be the flagship report of the programme. This report will raise awareness and improve the understanding of how to integrate human rights standards and principles into the environmental public administration of the mining industry.

Deberes y responsabilidades

Scope of work, responsibilities and description fo the proposed analytical work

The objective is to produce a 40-50 page “How-To-Guidance-Note” that provides substantive planning and programmatic guidance to primarily governments (e.g. technical staff from Ministries of Environment, Mining, Environmental Protection Agencies, etc.), as well as to civil society organizations (e.g. HR, environmental, gender NGOs, etc.) and also UN staff, and other practitioners on integrating human rights principles into the environmental public administration of the mining industry.

The guidance note will offer practical guidance, a user friendly set of country examples, tools and checklists and, where appropriate, step-by-step diagnostic and programmatic direction of how to integrate human rights standards and principles into the environmental public administration across each stage of the mining cycle.

The guidance note will draw upon an overview of the conceptual links between human rights standards and principles, environmental public administration and the mining process, upon evidence-based analysis and brief case studies and examples of tools and techniques used in different countries on how to integrate human rights into the environmental public administration through each stage of the mining process.

The guidance note will include preliminarily 3 main sections, with a more detailed outline to be developed:

Section 1: 5-10 pages – Making the Normative and Instrumental Case for Human Rights in Mining

A simple overview of the conceptual links between human rights standards and principles, environmental governance, with a focus on the roles of public administration, and the mining process, including reference to global human right frameworks, principle 10 and links to SDGs. This section will make both the overall normative case for integrating human rights standards and principles, as well as the practical case, i.e. improving mining outcomes and advancing broader SDG efforts. This section will cover and include substantive and procedural rights such as rights to health and a healthy environment, public participation, transparency, equal access to justice, community engagement, rights of indigenous people, women, and other marginalized groups and minorities. In doing so this section will introduce and highlight potential positive and negative human rights impacts of mining on communities, and existing human rights standards that relate to mining, and broader natural resource management as relevant, including Principle 10.

Section 2: 15-20 pages – Sharing Examples of How to Integrate Human Rights Standards and Principles Across Each Mining Stage:

This section will offer non-prescriptive advice, short boxes with country examples and an overview of tools and techniques to integrate human rights into the environmental public administration through each stage of the mining process. These include the stages of exploration, exploitation/operation, closure and post closure, and related entry points for integrating environmental and HR principles, including Environmental and Social Impact Assessment processes, legal compliance, grievance mechanisms, and environmental data and monitoring. Each stage of the mining cycle will likely have its own sub-section, including short-bulleted checklists of key messages, tips, priorities and steps. Diagrams and illustrative graphics of each process of the mining and sub-sections will also be included at this section. Advice and examples shall be practical and hands on.

Section 3: 5-15 pages – Annexes:

A series of annexes of more specific details of guidelines and tools will be provided as necessary.

Work Plan and Reporting Lines

The selected consultant working from home will report to the UNDP Environment and Natural Capital Policy Advisor”. There will be an initial briefing for the consultant by the programme team.

The consultant will send an outline of the approach to be taken for comments by UNDP and SEPA within the first 2 weeks of the consultancy, including an annotated outline of identified literature and the research protocol to be used.

After incorporating the team’s comments on the outline and research protocol the consultant will produce a draft report which will be submitted to UNDP and SEPA for discussion and comment. At this stage UNDP will organize a review and provide comments. Up to three drafts of the report will be prepared and discussed, before the consultant will then submit the final report, with comments incorporated, to complete the assignment.

Deliverables are expected from the contracted party according to the following timetable:

Target dates for expected deliverables indicating number of working days

• Mid-October 2016 D1 – Write an outline of the report approach, including annotated outline 5 working days
• Last week - October 2016 D2 – First Draft 15 working days; 
• Mid November 2016 D3 – Second Draft 5 working days;
• Mid - January 2017 D4 – Third Draft 5 working days;
• Mid-Feb 2017 D5 – Final draft of the report after comments from the team of UNDP and SEPA 5 working days.

Total 35 working days

Payments will be disbursed against completion of the deliverables, payable in instalments on submission of certificate of payment approved by the project manager.

Competencias

Corporate Competencies:

• Demonstrates integrity by modeling 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.

Functional Competencies:

• Ability to read and analyze gender and CC related data and meet strict deadlines and plan the work according to priorities;
• Demonstrable analytical and writing skills;
• Strong interpersonal and communication skills;
• Ability to work independently and as part of a team;
• Integrity and professional discretion.

Habilidades y experiencia requeridas

Education:

• Advanced degree (Masters) in relevant field (development studies, law, environmental studies, human rights or similar field), or equivalent professional experience.

Experience:

•  At least 5 years of relevant work and writing experience; demonstration excellent written communications skills, including an ability to produce high quality written materials; Experience writing UNDP or similar guidance notes and publications strongly preferred;
• Demonstrate knowledge of international sustainable development policy issues and human rights;
• Knowledge of the mining industry, regulatory and institutional standards, and/or transparency and accountability issues, a strong plus;
• Relevant work experience in developing country setting; a background of working with relevant stakeholders, government agencies international organizations, non-governmental organizations, civil society and multi-national companies;
•  Understanding of institutions, capacity development or institutional strengthening.

Language:

• Good communications skills in English, both oral and written, is require

Recommended Presentation of Offer:

The application is a two-step process. Failing to comply with the submission process may result in disqualifying the applications:

Step 1: Interested individual consultants must include the following documents when submitting the applications in UNDP job shop (Please note that only 1 (one) file can be uploaded therefore please include all docs in one file):

• Personal History Form (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 (the template can be downloaded from this link: http://europeandcis.undp.org/files/hrforms/P11_modified_for_SCs_and_ICs.doc).
• Brief description of why the individual considers him/herself as the most suitable for the assignment. Indicate available start date.

Step 2: Only applicants who attain a score of 70 % and aboove on the technical evaluation will be contacted and requested to submit a financial proposal.

Scope of Price Proposal and Schedule of Payments:

• Financial proposals must be all inclusiv and must be expressed on the basis of “a daily fee” in USD.
• Payment will be made upon submission of a certificate of payment request, indicating outputs achieved and days worked to be verified and cleared for payment by the supervisor.

The term ‘all inclusive” implies that all costs (professional fees, communications, utilities, consumables, insurance, etc.) that could possibly be incurred by the Contractor are already factored into the final amounts submitted in the proposal

Criteria for Selection of the Best Offer:

Only those candidates that meet the minimum level of education and relevant years of experience requirements will be considered for the technical evaluation. The technical evaluation will include a desk review to select the shortlisted candidates (those that score at least 49 out of total 70 obtainable scores). The technical evaluation may also include interviews with shortlisted candidate(s).

The selection of the best offer from the shortlisted candidates will be based on a Combined Scoring method – where the technical evaluation (desk review and interview) will be weighted a maximum of 70%, and combined with the price offer which will be weighted a maximum of 30%. e 70% rating shall be based on how well the Offer or meets the minimum qualifications/competencies described above. 

The technical evaluation will be based on the following criteria with the corresponding points (out of a total 70 points):

Criteria 1: At least 5 years of relevant work and writing experience; demonstrating excellent written communications skills, including an ability to produce high quality written materials; experience writing UNDP or similar guidance notes and publications strongly preferred. 25 points  

Criteria 2: Demonstrate knowledge of international sustainable development policy issues and human rights; 15 points

Criteria 3: Knowledge of the mining industry, regulatory and institutional standards, and/or transparency and accountability issues, a strong plus. 10 points

Criteria 4: Relevant work experience in developing country setting; a background of working with relevant stakeholders; government agencies, international organizations, non-governmental organizations, civil society and multi-national companies.  12 points

Criteria 5: Understanding of institutions, capacity development or institutional strengthening.  8 points

Only candidates obtaining a minimum of 49 (70%) points on technical evaluation will be considered for the Financial Evaluation.

Financial evaluation (maximum 30 points):

The following formula will be used to evaluate financial proposal:

p = y (µ/z), where

• p = points for the financial proposal being evaluated;
• y = maximum number of points for the financial proposal;
• µ = price of the lowest priced proposal;
• z = price of the proposal being evaluated.