Background

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Introduction: 

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 associated Traditional Knowledge (aTK) associated with Genetic Resources (GR) 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. 

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. The project seeks to achieve this through its 4 components namely: 

  • Component 1: Strengthening the legal, policy and institutional capacity to develop national ABS frameworks;
  • Component 2: Building trust between users and providers of genetic resources to facilitate the identification of bio-discovery efforts; and 
  • Component 3: Strengthening the capacity of indigenous and local communities to contribute to the implementation of the Nagoya Protocol. 
  • Component 4: Implementing a Community of Practice and South-South Cooperation Framework on ABS.

The implementation of the basic measures of the Nagoya Protocol in Comoros, Ethiopia, Rwanda, Seychelles and Sudan similarly to the other participating countries will unleash a wide range of monetary and non-monetary benefits for the providers of genetic resources. Some of these benefits should be reinvested in the conservation and sustainable use of the biological resources from where the genetic resources were obtained. This will fulfil the three objectives of the Convention on Biological Diversity. 

Following the needs identified by the ABS country teams in Comoros, Ethiopia, Rwanda, Seychelles and Sudan, the 5 countries will proceed with the recruitment of an international consultant to support the drafting of nationally appropriate regulations on Access to Genetic Resources and Benefit-Sharing (ABS), provide tailored and country specific trainings on ABS contracts, and ensure legal support during the negotiation of contractual arrangements related to ongoing and potential ABS compliant research and biodiscovery partnerships for the valorization of genetic resources and associated traditional knowledge. 


Context:

Comoros
Comoros is a Party to the Nagoya Protocol since its entry into force (accession) on October 12, 2014. The Comoros archipelago is globally renowned for its unique and rich fauna and flora with high endemic rates putting Comoros as a high priority for the conservation of the world biological diversity. Biodiversity has not been adequately integrated into the policies and strategies of most of the country’s sectors and there are no ABS administrative, legislative, or policy measures in place for the country.

The Comoros National Biodiversity Strategy and Action Plan (NBSAP 2000) is based on nine major themes: a) integration of biodiversity conservation and sustainable management into sectoral policies and strategies; b) improvement of the implementation of conservation actions and sustainable management of biodiversity; c) protected areas; d) sustainable management and use of outside protected areas; e) ex-situ conservation (Article 9); f) fair sharing of benefits arising from the use of biological diversity; g) agrobiodiversity; h) biosafety; and i) implementation and monitoring of the NBSAP. Despite advances, many obstacles have impeded their implementation. Administration-level mandates are unclear and a revision of environmental policy and the NBSAP is needed to take the current context into account. Sectoral institutions concerning biodiversity do not sufficiently integrate issues in their policies, which can be explained by the fact that, as one of the poorest countries, the country’s financial priorities are far from being focused on NBSAP implementation. Political entities are poorly informed about the challenges of NBSAP implementation, and there is a significant lack of specialists (for example, taxonomists, engineering scientists, and environmental lawyers) to enable implementation. 

It is worth mentioning that a framework law on environment was adopted in 1994. It aims to i) Preserve the environmental diversity and integrity of the Islamic Federal Republic of Comoros, a vulnerable world heritage ii) create the conditions for a sustainable quantitative and qualitative use of natural resources for the current and future generations, and iii) Guarantee to all citizens a balanced and an ecologically healthy life.  No mention was made of ABS related aspects. 

The Direction Générale de l'Environnement et des Forêts, Vice-Présidence en charge du Ministère de la Production, de l’Environnement, de l’Energie, de l’Industrie et de l’Artisanat is the designated institution where the Nagoya Protocol on ABS focal point is hosted. The Direction will be in charge of the implementation of the Nagoya Protocol in Comoros.

The draft ABS law for the Union of Comoros was technically approved and submitted for its national validation. The international consultant will legally backstop the national consultant and the drafting committee during the process of drafting appropriate regulations for the operationalization of the Nagoya Protocol. The international consultant will lead the design and the facilitation of the national training workshop on ABS contracts based on the results of the ABS capacity building scorecard survey. The international consultant will review any contractual arrangements and provide legal advice as requested by the ABS country team during the negotiation of ABS compliant research and biodiscovery partnerships. 

Ethiopia

Ethiopia is a party to the Nagoya Protocol. Ethiopia has enacted a law that regulates access to genetic resources (Access to Genetic Resources and Traditional Knowledge, and Community Rights Proclamation No 482/2006). 

The law applies to access to genetic resources (including derivatives) found in ex situ or in situ conditions and the TK associated therewith. It subjects the access to genetic resources and community knowledge to the requirement of permit from Ethiopian Biodiversity Institute (EBI) and sharing of benefit arising from the use thereof. It also stipulates that access to genetic resources under a multilateral system of access of the International Treaty shall be granted subject to the conditions and procedures provided therein (Article 15(2)). 

The Law entered into force on the November 9, 2009 as a Council of Ministers Regulation (No. 169/ 2009), and includes procedures for access, procedures for community consent, administration and utilization of access resources, and other miscellaneous provisions. The regulation also contains two templates for commercial and non-commercial access requests. States have powers and responsibilities to enact detailed regulations necessary to implement the regulation within their regions and designate and strengthen institutions at all levels to implement the regulations. Ethiopia has also developed a Code of Conduct to administer ABS issues. 

EBI is the lead technical institution responsible for the proper conservation and sustainable use of the country’s biodiversity resources, including medicinal plants. Among its powers, the EBI can issue directives on the collection, dispatch, and export of genetic materials from the country, and grant permits to those who need to access genetic materials from the country (Proc. 381/2004 Art.6). The Genetic Resource Access and Benefit Sharing Directorate of the EBI is the designated institution where the Nagoya Protocol Focal Point is hosted.

In Ethiopia, the updated ABS proclamation was technically approved and submitted for its national validation. The international consultant will legally backstop the national consultant and the drafting committee during the process of drafting appropriate regulations for the operationalization of the Nagoya Protocol. The international consultant will lead the design and the facilitation of the national training workshop on ABS contracts based on the results of the ABS capacity building scorecard survey. The international consultant will review any contractual arrangements and provide legal advice as requested by the ABS country team during the negotiation of ABS compliant research and biodiscovery partnerships. 

Rwanda
Rwanda ratified the Nagoya Protocol on October 12, 2014 and is on track to develop an enabling legal and institutional framework for the implementation of the Protocol. A draft Ministerial Order governing the Biodiversity permits has been developed and some of its articles determine the access to genetic resources and the fair and equitable sharing of benefits arising from their use.. Other related existing laws are the Organic Law No. 04/2005, which determines the modalities of protection, conservation, and promotion of the environment in Rwanda, especially in its articles 4, 19, 52 and 82; Law No. 70/2013 of 02/09/2013, which governs biodiversity in Rwanda, especially in its Article 29; and Law No. 31/2009 of 26/10/2009, which enforces protection of intellectual property rights (IPR).

Rwanda adopted a Biodiversity Policy in 2011 and a Biodiversity Law in 2013, and developed its first NBSAP in 2003. The document targeted the following five major outcomes: a) improved conservation of protected areas and wetlands; b) sustainable use of the biodiversity of natural ecosystems and agro-systems; c) the rational use of biotechnology; d) the development and strengthening of policy, institutional, legal, and human resource frameworks; and e) the equitable sharing of benefits derived from the use of biological resources. 

Although many activities have been successfully achieved for each of the five outcomes, implementation challenges still persist in the following areas; coordination of activities due to lack of key permanent staff to manage and monitor the overall program; technical capacity; linkage with other international instruments; conflicting priorities based on institutional mandates; lack of new and appropriate financing mechanisms; mobilization and coordination of donors; and the absence of an established benefit-sharing mechanism in agroecosystems production and the initiation of new and stimulating incentives to protect agrobiodiversity. The revision and updating of the NBSAP has been completed in December 2016 and the new NBSAP was approved by the Rwanda Cabinet of Ministers on 03/02/2017.

Rwanda Environment Management Authority (REMA) is the designated institution where the CBD and ABS focal points are hosted. The implementation of the basic measures of the Nagoya Protocol in Rwanda as one of the participating countries will unleash a wide range of monetary and non-monetary benefits for providers of genetic resources. Some of these benefits should be reinvested in the conservation and sustainable use the biological resources from where the genetic resources were obtained. This will fulfil the three objectives of the Convention on Biological Diversity. 

UNDP will contract an International Consultant to undertake this assignment on behalf of REMA. REMA will supervise the consultant and will facilitate logistical requirement for the work, such as the organizing of field visits. The Consultant will directly report to the ABS Project Coordinator at REMA and UNDP Country Office focal point. A Technical Working Group to guide the assignment will be established, made up of technical members of related government agencies, civil society, private sector, academia, REMA and UNDP. All deliverables should be accepted and approved by the Technical Working Group, and cleared by the DG REMA.

A draft ministerial bill on ABS was drafted and is going through the national validation process. The international consultant will review the existing ministerial order +++, and will legally backstop the national consultant and the drafting committee during the process of drafting appropriate regulations for the operationalization of the Nagoya Protocol. The international consultant will lead the design and the facilitation of the national training workshop on ABS contracts based on the results of the ABS capacity building scorecard survey. The international consultant will review any contractual arrangements and provide legal advice as requested by the ABS country team during the negotiation of ABS compliant research and biodiscovery partnerships.

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.

In Seychelles, a draft ABS policy was technically cleared and submitted for its official validation. The international consultant will legally backstop the national consultant and the drafting committee during the process of drafting the ABS bill and its appropriate regulations for the operationalization of the Nagoya Protocol. The international consultant will lead the design and the facilitation of the national training workshop on ABS contracts based on the results of the ABS capacity building scorecard survey. The international consultant will review any contractual arrangements and provide legal advice as requested by the ABS country team during the negotiation of ABS compliant research and biodiscovery partnerships.

Sudan

Sudan’s rich biodiversity and genetic resources are key assets for the country’s economic development and the welfare of its people. Exercising national sovereignty over those very critical resources would ensure their sustainable use and conservation. 

Sudan is a Party to the Nagoya Protocol since its entry into force (ratification) on October 12, 2014. Sudan has not adopted specific measures on access to genetic resources and benefit-sharing or related to access to TK associated to genetic resources. Sudan does not have a specific biodiversity law; the more general Environment Conservation Act of 2001 covers the protection of biodiversity.

The government of Sudan has recently, on June 25, 2015, adopted the new Sudanese NBSAP 2013-2020. This document clearly states that “currently, there is no national legislation on access to genetic resources and aspects of sharing of benefits arising from their utilization” and that the “number of scientists and technicians, who are trained mainly on conservation of genetic resources, is very meagre and limited to some units such as the Agricultural Plant Genetic Resources Conservation and Research Centre of the Agricultural Research Corporation (APGRC/ARC).” Regarding the institutional structure to manage ABS in the country, the new NBSAP concludes, “there are no specific institutions that are totally responsible for handling such matters.” The institutional management of the conservation, sustainable use of biodiversity, and the sharing of benefits derived from the use of genetic resources in Sudan is done mainly through sectoral implementation. 

The NBSAP establishes the following priority actions in regard to ABS: a) enactment of necessary national legislations for conservation and sustainable use of biodiversity taking into consideration the matters related to access and benefit-sharing as well as protection of the local communities, farmers, and pastoralist rights to biological resources and their indigenous knowledge, practices, and technologies; including issuance of a national legislation on PGR; b) creation of institutional bodies for regulating the access to plant agro-biodiversity and relating indigenous TK on the basis of fair and equitable benefit-sharing with necessary consideration to farmers’ and local community rights consistent with the international instruments of relevance such as CBD and the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA); and c) documentation of indigenous knowledge, practices, and technologies that are associated with the Plant Genetic Resources for Food and Agriculture (PGRFA) and the conservation and sustainable use of forest and rangeland biodiversity.

The Higher Council for Environment and Natural Resources (HCENR) has the competence to develop environmental policies regarding plant agro-biodiversity, forest biodiversity, rangeland and livestock biodiversity, and wildlife, marine, and inland waters ecosystems. The HCENR is the designated institution where the Nagoya Protocol on ABS focal point is hosted.

In Sudan, the draft ABS law was technically cleared and submitted for its official validation. The international consultant will legally backstop the national consultant and the drafting committee during the process of drafting appropriate regulations for the operationalization of the Nagoya Protocol. The international consultant will lead the design and the facilitation of the national training workshop on ABS contracts based on the results of the ABS capacity building scorecard survey. The international consultant will review any contractual arrangements and provide legal advice as requested by the ABS country team during the negotiation of ABS compliant research and biodiscovery partnerships.

Objectives of the assignment

This international consultancy aims to support the drafting of nationally appropriate regulations on Access to Genetic Resources and Benefit-Sharing (ABS), provide specialized and country specific trainings on ABS contracts using state of the art knowledge through case studies and rigorous methodologies, and ensure top-notch legal advisory services to the nationally designated ABS FPs and NCAs during the negotiation of contractual arrangements related to ongoing and potential ABS compliant research and biodiscovery partnerships for the valorization of genetic resources and associated traditional knowledge. 

Duties and Responsibilities

The Consultant shall work in close coordination with the project country teams in Comoros, Ethiopia, Rwanda, Seychelles and Sudan. The country teams shall include, at minimum and in line with national circumstances, the National Project Directors and Coordinators, the National Project Managers from UNDP country offices, the Global Project Manager and the Regional Project Specialist for Africa from the Global ABS project team.

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

In each of the participating countries, the IC will 1) Provide legal backstopping to the national consultant and the drafting committee during the process of drafting appropriate regulations for the operationalization of the Nagoya Protocol; 2) Lead the design and the facilitation of the national training workshop on ABS contracts based on the results of the ABS capacity building scorecard survey and 3) Review any contractual arrangements and provide legal advice as requested by the ABS country team during the negotiation of ABS compliant research and biodiscovery partnerships. 

Duration: 
The consultant is expected to work app. 115 days over an 8-month period (Comoros 25 days, Ethiopia 20 days, Rwanda 25 days, Seychelles 20 days, Sudan 25 days)

Location: 
Home-based with the  minimum of 1 field missions in each country.

Deliverables:

  • Deliverable 1 by 30 April 2019 (expected date) – Reports (either in English or French as specified by each country) of the national training workshops on ABS contracts based on the results of the ABS capacity building scorecard surveys, designed and facilitated using state of the art knowledge through case studies and rigorous methodologies (work input: app. 25 working days over a 4-month period: Comoros 5 days, Ethiopia 5 days, Rwanda 5 days, Seychelles 5 days, Sudan 5 days; payment 20% of total amount);
  • Deliverable 2 by 31July  2019 (expected date) – Technical validation reports (either in English or French as specified by each country) of the draft regulations on ABS in line with nationally appropriate legislative, administrative and policy measures for the operationalization of the Nagoya Protocol (work input: app. 65 working days over a 4-month period: Comoros 15 days, Ethiopia 10 days, Rwanda 15 days, Seychelles 10 days, Sudan 15 days; payment 60% of total amount);
  • Deliverable 3 by 23 August 2019 (expected date) – Reports (either in English or French as specified by each country) of the legal advisory services provided to the nationally designated ABS FPs and NCAs during the negotiation of contractual arrangements related to ongoing and potential ABS compliant research and biodiscovery partnerships for the valorization of genetic resources and associated traditional knowledge (work input: app. 25 working days over a 4-month period: Comoros 5 days, Ethiopia 5 days, Rwanda 5 days, Seychelles 5 days, Sudan 5 days; payment 20% of total amount).

Travel: 
If needed, country teams will indicate the number of missions to be conducted for each country and the duration for each mission as per their national needs. Mission related costs will be paid separately by each country office as per UNDP rules and regulations. An indicative planning shall be developed at the induction sessions following the hiring of the international consultant.

Competencies

Corporate competencies:

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

Technical competencies: 

  • Ability to provide guidance on implementation of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS), including with regards to the valorization of GR/TK within ABS compliant value chains;
  • Knowledge of environmental issues, environmental law and policy concept and principle, the science-policy-business interface related to ABS and the ability to apply it to strategic and/or practical situations;
  • Knowledge of NRM concepts, principles and policies and ability to apply to strategic and/or practical situations;
  • Ability to work with multiple stakeholders across a wide range of disciplines.

Functional competencies:

Development and Operational Effectiveness:

  • Ability to contribute to strategic planning, change processes, results-based management and reporting;
  • Ability to lead formulation, oversight of implementation, monitoring and evaluation of development projects;
  • Ability to apply development theory to the specific country context to identify creative, practical approaches to overcome challenging situations.

Knowledge Management and Learning:

  • Demonstrates practical knowledge of inter-disciplinary development issues;
  • Seeks and applies knowledge, information, and best practices from within and outside of UNDP. 

Client Orientation:

  • Maintains relationships with clients, focuses on impact and result for the client and responds positively to feedback;
  • Consistently approaches work with energy and a positive, constructive attitude; 
  • Proven networking, team-building, organizational and communication skills.

Professionalism:

  • 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.

Required Skills and Experience

Academic Qualifications/Education: 

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

Experience: 

  • At least 5 years of experience in drafting legal instruments related to Multilateral Environmental Agreements including at least 3 years of experience working on the implementation of the Nagoya Protocol and ABS regimes
  • Multi-country experience in designing and drafting national ABS laws and regulations;
  • Minimum of 3 year-experience in delivering ABS contract trainings and legal advice on ABS contractual arrangements; specific experience in Comoros, Ethiopia, Rwanda Seychelles or Sudan is an asset;
  • Experience in facilitation to lead national discussions involving key experts and stakeholders from relevant national institutions;
  • Experience in reporting on training workshops and producing a summary of the technical/legal services provided in support to contractual ABS arrangements during this consultancy
  • Working experience in an international organization or knowledge of UN policies, procedures and practices is an asset. 

Language skills: 

  • Excellent writing, editing, and oral communication skills in English and French; knowledge of Arabic will be an advantage.


Evaluation of Applicants

Individual consultants will be evaluated based on a cumulative analysis taking into consideration the combination of the applicants’ qualifications and financial proposal.

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 (P11/CV desk reviews and interviews) and financial criteria specific to the solicitation. 

Only candidates who receive min 70% of points in desk review (Criteria A-G) will be considered for interviews. Only candidates who receive min 70% of points in technical evaluation (Criteria A-H) will be considered for the financial evaluation.

Technical Criteria - 70% of total evaluation – max. 70 points:

  • Criteria A - Relevant education background – max points: 5
  • Criteria B - At least 5 years of experience in drafting legal instruments related to Multilateral Environmental Agreements including at least 3 years of experience working on the implementation of the Nagoya Protocol and ABS regimes - max points: 10
  • Criteria C - Multi-country experience in designing and drafting national ABS laws and regulations - max points: 15
  • Criteria D - Experience in delivering ABS contract trainings and legal advice on ABS contractual arrangements; specific experience in Comoros, Ethiopia, Rwanda, Seychelles or Sudan is an asset – max. points: 10
  • Criteria E - Experience providing strategic and technical support to national experts and other stakeholders from relevant national institutions- Max Points: 5
  • Criteria F - Working experience in an international organization or knowledge of UN policies, procedures and practices is an asset - Max Points: 5 
  • Criteria G - Methodological note (Approach on the deliverables of this consultancy, excellent writing and editing skills). max. 10 points
  • Criteria H – Interviews - Experience in designing and drafting national ABS laws and regulations - max. 2.75 points; Experience working on the implementation of the Nagoya Protocol and ABS regimes in Africa; specific experience in Comoros, Ethiopia, Rwanda, Seychelles or Sudan is an asset - max. 2.75 points; Experience providing strategic and technical support to national experts and other stakeholders from relevant national institutions - max. 2.75 points; Oral communication skills in English and French; knowledge of Arabic - max. 1.75 points

Financial Criteria - 30% of total evaluation – max. 30 points.

Application procedures

Qualified candidates are requested to apply online via this website. The application should contain:

  • Cover letter in English explaining why you are the most suitable candidate for the advertised position. Please paste the letter into the "Resume and Motivation" section of the electronic application;
  • A brief methodology on how you will approach and conduct the work (max. 3 pages); 
  • Filled P11 form or CV including past experience in similar projects and contact details of referees (blank form can be downloaded fromhttp://www.eurasia.undp.org/content/dam/rbec/docs/P11_modified_for_SCs_and_ICs.doc); please upload the P11 instead of your CV. 
  • Offeror’s Letter (blank template can be downloaded from https://bit.ly/2KO1okS).
  • Financial Proposal (in USD)* - specifying a total lump sum amount for the tasks specified in this announcement. The financial proposal shall include a breakdown of this lump sum amount (number of anticipated working day sand any other possible costs).

Incomplete applications will not be considered. Please make sure you have provided all requested materials. Please group all your documents into one (1) single PDF attachment as the system only allows upload of one document. 

*Please note that the financial proposal is all-inclusive and shall take into account various expenses incurred by the consultant/contractor during the contract period (e.g. fee, health insurance, vaccination, personal security needs and any other relevant expenses related to the performance of services...). 

Payments will be made only upon confirmation of UNDP on delivering on the contract obligations in a satisfactory manner. 

Individual Consultants are responsible for ensuring they have vaccinations/inoculations when travelling to certain countries, as designated by the UN Medical Director. Consultants are also required to comply with the UN security directives set forth under dss.un.org

General Terms and conditions as well as other related documents can be found under: http://on.undp.org/t7fJs. Qualified women and members of minorities are encouraged to apply. Due to large number of applications we receive, we are able to inform only the successful candidates about the outcome or status of the selection process.