Environmental Policy and Law Expert

United Nations Development Programme (UNDP)

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Background

Sri Lanka has already developed, several cross sectoral and sectoral policies for biodiversity conservation in line with the Constitutional directives. The country’s Constitution (1978), notes that “the State shall protect, preserve and improve the environment for the benefit of the community”. Sri Lanka’s National Biodiversity strategy and Action Plan (NBSAP) has accorded high priority to protecting bioregions that are considered high priority for conservation. Its revised addendum (2007), has emphasized several biodiversity mainstreaming activities. One of the important activity highlighted is to identify biodiversity hotspots in the country outside protected areas and bring these under a relevant protected area category. Also, the National Physical Plan has, additionally identified several areas as environmentally sensitive areas.

The Project “Enhancing Biodiversity Conservation and Sustenance of Ecosystems services in Environmentally Sensitive Areas” is a GEF funded project, implemented by the Ministry of Mahaweli Development and Environment (MMDE) and supported by UNDP. The Project would contribute to safeguarding globally significant biodiversity on production lands of high interest for conservation. This project will greatly strengthen the country’s ability to safeguard biodiversity inside and outside protected areas in special Environmentally Sensitive Areas, through a new land use governance framework.

The primary objective of this project is “To operationalize Environment Sensitive Areas (ESA) as a mechanism for mainstreaming biodiversity management into development in areas of high conservation significance”. In order to achieve this Objective, the project plans on achieving the two major outcomes; National Enabling Framework Strengthened to Designate and Manage Environmentally Sensitive Areas (ESA) and Biodiversity-friendly

ESA management for long term integrity and resilience ensured at two sites in the Kala Oya Region.

Under the outcome: National Enabling Framework Strengthened to Designate and Manage Environmentally Sensitive Areas (ESA), the Project proposes to improve national and sub-national capacities for inter-sectoral governance of ESAs to effectively conserve biodiversity. To achieve this, it is expected to facilitate the emplacement of an appropriate policy and legislative mechanisms to guide the identification, declaration, management and monitoring of ESAs that strongly integrates biodiversity conservation concerns.

For this assignment UNDP seeks an international expert, who is knowledgeable and having experience in the sector to work with the local expert under the guidance of the Bio Diversity Secretariat in Sri Lanka.The two Experts will ensure that the policy and strategy is based on lessons from around the world and that there is a strong focus on conserving biodiversity of global importance.

Scope and Objectives

The consultancy is to develop a National Policy and Strategy for Conservation and Sustainable Management of ESAs and to develop a National ESA Scale up Plan by reviewing the existing policies, strategies, actions and related institutional arrangements that are relevant to biodiversity conservation or environmental sensitive area management and provide inputs on best practical examples from around the globe on legal and policy mechanisms on mainstreaming biodiversity.

The Policy will be developed under the aegis of the National Environmental Act (NEA), and will also reference other relevant legislation and will complement existing policies and strategies – including climate change related and other environment related strategies (forestry, wildlife conservation). The expert will have to conduct an assessment of existing policies and legal framework from all relevant sectors. As far as possible, ESA designation and management will be promoted as a unifying concept for possible use by different sectors (to cover areas that are relevant for biodiversity conservation as well as other ecological services such as soil and water conservation etc.). The policy and strategy will also clarify that the ESAs can be formed based on their importance and irrespective of their small sizes, if necessary.

ESAs are declared under provisions in environment laws of the countries. In Sri Lanka there are provisions in the National Environmental Act, Fisheries and Aquatic Resources Act and Coast Conservation Act for declaration of special areas for environment protection outside protected areas. Several environment protection areas have been already declared under the provision of National Environment act (amendment) No. 56 of 1988 not as ESA but as environment protection (EP) areas. Once declared as EP areas, regulations for special management can also be declared to carry out to mainstream BD within the area.

This assignment will build on the outcome of the new land use governance framework introduced in the KalaOya region. The policy and the strategy will also outline steps for land use planning framework based on similar experiences and best practices from within Sri Lanka and globally. The Policy and Strategy will complement the updated NBSAP and its development will be led by the National Biodiversity Secretariat.

 
Duties and Responsibilities

Responsibilities

  1. Study the existing policies, regulations and action plans relevant to biodiversity conservation and environmental protection in the country;
  2. Study steps taken to identify critically biodiversity hotspots and areas of high conservation significance outside the protected area system and proposed actions to enhance conservation;
  3. Jointly with the local consultant analyze the strategies and proposed actions that were developed to address the key issues;
  4. Assess how comprehensively those corresponding policies and laws cover the scope and scale of ESAs of high conservation significance;
  5. Identify any critical gaps and weaknesses in the current strategic approach that may need to be filled/strengthened in order to implement the actions effectively;
  6. Assess the feasibility of newly establishing policy and a strategy to introduce new measures where gaps exist for identification, those actions currently missing from the existing framework and initiatives;
  7. Verify findings with relevant sectoral institutions and partners;
  8. Present findings and recommendations to and gather feedback from those stakeholders;
  9. Prepare final findings and recommendations; and Develop the National Policy and Strategy for Conservation and Sustainable Management of ESA ;
  10. Support identifying potential sites for nation-wide ESA replication based on both the National Policy and Strategy and also on the online integrated biodiversity assessment tool developed under the Project.

Expected Outputs

The following results are expected from the work of the consultant;

  • A work plan for this assignment, including methodology, indicative outline of each deliverable and a delivery schedule;
  • National Policy and Strategy for ESA identification, declaration and management;
  • Criteria in identifying ESA Scale up plan on potential sites for nation-wide ESA replication based on both the National Policy and Strategy and on the online integrated biodiversity assessment tool developed under the Project.

Timeframe

The envisaged time frame of the consultancy is a total of 20 person days starting June 15th , 2017 and ending in October 15th , 2017, 08 days home based, 12 days in Sri Lanka.

 
Competencies

Competencies

Technical work

  • Good knowledge on biodiversity, environmental policy, rural development, Social Ecology or related fields;
  • Good knowledge on internationally recognized good practices to recommend innovative ideas and approaches to landscape level planning;
  • Good analytical and problem solving skills and related ability for adaptive management;
  • Familiarity with the Environment Sensitive Areas (ESA) concept and practice will be an advantage.

Partnerships

  • Maturity and confidence in dealing with the staff of government institutions and private sector;
  • Demonstrated leadership, facilitation and coordination skills,
  • Demonstrated ability to work in a team environment, to effectively work closely with legal experts and other stakeholders to motivate its members and other project counterparts to effectively work towards achieving the expected outcomes;
  • Excellent communication (both oral and written) and partnership building skills with multi-dimension partners, with analytic capacity and ability to synthesize relevant collected data and findings for the preparation of case studies and progress reports;
  • people skill for conflict resolution and negotiation;
  • Ability to seek and apply knowledge, information and best practices from multiple sectors;
  • Results

  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
  • Excellent coordination skills and result oriented collaboration with colleagues
  • Promotes the vision, mission, and strategic goals of UNDP;
  • Good team player who has ability to maintain good relationships.
 
Required Skills and Experience

Consultant Profile

Qualifications

Education:

  • The prospective consultant should have Master’s Degree or equivalent in the areas of environmental policy, policy development, environment, biodiversity conservation, natural resource management, landscape ecology or related field.

Experience:

  • Minimum 15 years post-Masters work experience in the development and review of policies, strategies and action plans on mainstreaming biodiversity;
  • Preferred experiences from Asia on policy and strategy development;

Languages/ Other:

  • Excellent written and spoken knowledge of English;
  • Fluency in Sinhala and/or Tamil is an additional requirement.

How to Apply

The application should contain;

  • Cover letter explaining why you are the most suitable candidate for the advertised position and a brief methodology on how you will approach and conduct the work;
  • Updated CV to include qualifications/competencies and relevant experience and contact details of 3 professional referees who can certify your competencies, professionalism, quality of writing, presentation and overall suitability to this TOR;
  • Individual consultants will be evaluated based on a combination of factors including the cover letter, CV, the credential of an offer and a brief interview (optional) and the offer which gives the best value for money for the UNDP;
  • Please send the Financial proposal with a breakdown of the cost items separately to the following email address pr[email protected] stating the vacancy number/ position in the subject line.

Financial Proposal

Please provide a breakdown of the all-inclusive cost as per schedule below

All-inclusive lumpsum fee – USD

Air fare to and from Colombo, Sri Lanka – USD

(not higher than the economy class via shortest possible route)

Amount in words: USD

The costs for project related travelling within Sri Lanka, organizing and logistics of conducting training events, workshops and the seminar, making copies of the course material to be distributed among participants are borne by the implementing agency. Therefore, those costs should not be included in the above budget.

Note: Payments will be based on invoices on achievement of agreed milestones i.e. upon delivery of the services specified in the TOR and certification by the UNDP. The applicant must factor in all possible costs in his/her “All Inclusive Lump Sum Fee” financial proposal including his/her consultancy and professional fee, honorarium, any additional HR cost (as required) such as translators and field assistants, communication cost such as telephone/internet usage, printing cost, ad-hoc costs, stationery costs. No costs other than what has been indicated in the financial proposal will be paid or reimbursed to the consultant. While in Sri Lanka, any travel outside of the duty station will be with prior approval of the Assistant Country Director.

For an Individual Contractor who is of 62 years of age or older, and on an assignment requiring travel, be it for arriving at the duty station or as an integral duty required under the TOR, a full medical examination and statement of fitness to work must be provided. Such medical examination costs must be factored in to the financial proposal above. Medical examination is not a requirement for individuals on RLA contracts.

The UNDP will provide and cover the following costs;

  • Daily Subsistence Allowance relevant for the 3 star hotels in Colombo Sri Lanka for all the days the consultant will be in Sri Lanka as per the UNDP DSA guidelines;
  • Incomplete applications will not be considered. Please make sure you have provided all requested materials.

Payment for Services

The vendor shall receive payments in instalments from UNDP as follows;

  • Upon submission of the inception report indicating work plan for this assignment, including methodology, indicative outline of each deliverable and a delivery schedule (10%);
  • Upon submission of a report on any critical gaps and weaknesses in the current strategic approach that may need to be filled/strengthened to implement the actions effectively (30%);
  • Upon submission of draft Policy and Strategy for ESA identification, declaration and management (40%);
  • Upon submission of brief report on final findings and recommendations; and support criteria in identifying ESA Scale up plan on potential sites for nation-wide ESA replication based on both the National Policy and Strategy and on the online integrated biodiversity assessment tool developed under the Project (20%).

POSITION TYPE

ORGANIZATION TYPE

EXPERIENCE-LEVEL

DEGREE REQUIRED