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.
Duties and Responsibilities
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
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.
Required Skills and Experience
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):
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:
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