Activity Legal Specialist

Kabul, Afghanistan 🇦🇫

Organizational Setting
The FAO in Afghanistan assists the Government to develop policies, programmes and projects to address the root causes of hunger and malnutrition; to help the Government develop the agricultural, fisheries and forestry sectors and to use the environmental and natural resources in a suitable way. It participates in the development of FAO’s field projects in the country and implements it, including the reconstruction and rehabilitation of the damaged relevant sectors.
FAO works with three counterpart ministries – the Ministry of Agriculture, Irrigation and Livestock, the Ministry of Energy and Water and the Ministry of Rural Rehabilitation and Development. The FAO Representation is based in Kabul with regional offices in Herat, Jalalabad, Kandahar, Mazar-e-Sharif, Kunduz and Provincial offices in Badakhshan, Bamyan, Kapisa and Parwan.
The post is located in the FAO project in Kabul Afghanistan and will have some travel in and outside Kabul as required subject to security permitting.
Project Background:
The Irrigation Restoration and Development Project – Additional Financing (IRDP-AF) is targeted at the development and management of water sector in the country through a funding from World Bank. The main project components include development and restoration of irrigation systems, river bank protection works, dam safety and minor dam repairs, hydromet services, ground water development and river basin studies, as well as institutional capacity development.
Reporting Lines
Under the general supervision of FAO Representative (FAOR) in Afghanistan, the technical supervision of the Lead Technical Officer (LTO) and the Chief, Development Law Branch for all legal matters, the direct supervision of the CTA/TL and direct supervision by the Activity Team Leader, and in close consultation and cooperation with the Dam Unit of Ministry of Energy and Water (MEW) of Afghanistan, other concerned government agencies and project staff, the incumbent will provide technical services to the production of Dam Safety Guidelines for Afghanistan, defined in the FAO technical assistance contract (UTF/AFG/070/AFG) under the Work Bank funded IRDP in Afghanistan under Component B.  Under this Component, FAO has been engaged to undertake the work required to develop Dam Safety Legislation for Afghanistan that will cover all aspects of the investigation, design, construction, operation and maintenance of dams in Afghanistan.
Technical Focus 
The Legal Specialist is a key team member who will have involvement at various stages of the project in reviewing guidelines and preparing the work undertaken for creation of the required Legislation to be debated by Government.  Specifically, the incumbent will carry out the following responsibilities as Activity Legal Specialist:
Tasks and responsibilities
Work as the Activity Legal Specialist, with duty of compiling periodic and progress reports, as required;
Review the current Afghan Water Law and identify the structure under which the proposed Legislation will be placed;
Confirm that Ministry of Energy and Water (MEW) is able to become the responsible Government entity to manage the Legislation (ie become the Dam Safety Regulator);
Identify any legal issues that will need to be addressed as part of this project;
Investigate and provide guidance including development of guidelines / technical paper on the investigation, reporting and management of Trans Boundary water issues and entitlements for new dams;
Investigate and provide guidance including development of guidelines / technical paper on the investigation, reporting and management of existing irrigation entitlements when investigating or designing a new dam;
Investigate and provide guidance including development of guidelines / technical paper on the purchase, acquisition and reservation of land or easements when investigating or designing a new dam, taking account of the guidance and recommendations of the Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT);
Provide comment or advice on any land planning issues that may be encountered, taking into account the VGGT;
Provide a discussion paper on what defines a dam that will be covered by the proposed legislation (do not want to necessarily include “farm type dams” or diversion weirs). Identify the proposed criteria for a dam to become “referable” under the legislation;
Provide a discussion paper on when work on an existing dam will need to be undertaken in accordance with the proposed legislation (to cover modifications and or upgrading of a dam that meets the requirements of the above dot point);
In conjunction with the Team Leader develop a process to deliver the guidelines, technical papers and the legal legislation;
Identification of the key legal items to be included in a legislative document;
Co-ordinate or manage the production of a legal document for presentation to the Afghan Government that provides the legislation for Dam Safety;
Participate and contribute in training workshops when in-country;

Minimum Requirements
Advanced university degree in law with an extensive understanding of legal policy, strategy and regulations related to water resources development and management, public management, agriculture engineering, water resources engineering and financial management or closely related field..  
At least 12 years of relevant practical experience in performing the tasks described above in semi-arid regions and the-job-training (OJT).
Working knowledge of English, French or Spanish and limited knowledge of one of the other two or Arabic, Chinese, Russian.

FAO Core Competencies
Results Focus
Building Effective Relationships
Knowledge Sharing and Continuous Improvement
Technical/Functional Skills
Work experience in more than one location or area of work, particularly in field positions, is desirable
Work experience in drafting related laws/strategy/poly and regulations related to water resources management and dam safety issues is desirable
Strong knowledge and understanding of FAO projects;
Extent and relevance of experience in preparation of projects and programmatic approaches (particularly construction of irrigation, river bank protection, dam safety and the hydromet projects) and in results-based monitoring and supervision of multidisciplinary projects
Extensive field experience in developing countries.
Demonstrated capacity to write technical reports in English
Relevance of experience in Asia and the Pacific region is desirable, particularly in Afghanistan
Familiarity with the UN Communications rules and procedures, experience in developing communications strategies for the UN is necessary.
Additional Selection Criteria
Previous working experience in the region and familiarity with the country situation will be highly desirable;