TERMS OF REFERENCE NATIONAL INDIVIDUAL CONSULTANT TO UNDERTAKE A POLICY AND LEGAL GAPS ANALYSIS OF CHEMICALS AND WASTE MANAGEMENT IN KENYA.

Transcription

1 TERMS OF REFERENCE NATIONAL INDIVIDUAL CONSULTANT TO UNDERTAKE A POLICY AND LEGAL GAPS ANALYSIS OF CHEMICALS AND WASTE MANAGEMENT IN KENYA. 1. Background Kenya has received a grant from the Global Environment Facility (GEF) towards mainstreaming sound chemicals management and reduction of untintentionally produced persistent organic pollutants from open burning of waste and thermal disposal of health care waste. This five year, , project is impelemented by the Ministry of Environment and Natural Resources (MENR) in partnership with national and county goverment agencies, civil society and private sector. The project intends to protect human health and the environment by managing the risks posed by production, use, import and export of chemicals and reducing /preventing the release of U-POPs and toxic compounds originating from the unsafe management of waste in two key sectors: Health Care Waste and Municipal Waste. These sectors are among the highest priorities identified in the reviewed and updated National Implementation Plan. The linkages between sound chemicals management, waste management in general and health care waste in particular, and how open burning of waste leads to emissions of unintentionally produced persistent organic pollutants (UPOPs) is outlined in the project document (Prodoc). The consultant is encouraged to read the project document (Prodoc) to acquint themselves with the targeted project interventions. The Prodoc is available at and additional information is available in the convention site This specific consultancy relates to the prodoc as follows: Kenya has ratified most multilateral environmental agreements on chemicals and wastes covered by the Overarching Policy Strategy of SAICM such as the Stockholm, Basel, Rotterdam Conventions, and ILO among others. However, integration of some of the conventions and agreements within the national legislation has not been completed due to financial and technical impediments. There is adequate legal framework across the sectors, and these are under constant review for necessary adjustments. In addition, there are also non-regulatory voluntary instruments for chemicals risk reduction and general management. However, enforcement of the legislation is still weak. Regulation on U-POPs releases from industries and waste disposal facilities are missing. 1

2 There is significant importation of chemicals into the country of chemicals designated by international regulatory instruments as highly toxic. Unfortunately, the fact that GHS implementation still seems far to come makes the management of toxic chemicals very difficult. Component 1. Streamlining sound management of chemicals and waste into national and county development activities through capacity building of MENR, MOH, NEMA, county governments of Nairobi, Kisumu, Nakuru and Mombasa and the NGOs Expected Outputs: Specifically this consultancy will adress Outcome 1.1 Policies, strategies, regulatory and policy framework integrating the provisions of streamlining chemicals management into development activities and specifically those of the Stockholm convention and the SAICM recommendations, adopted and institutional capacity on U- POPs and waste management enhanced. Activity leading to this outcome are mainly envisaged at strengthening the Kenyan regulatory framework and their enforcement in the field of U-POPs with specific reference to the establishment of technical and environmental standards related to the emissions and releases of U-POPs from waste management. Under this outcome, the following outputs will be delivered: Output 1.1.1: Overall policy framework and specific regulatory measures covering environmentally sound management of chemicals in general and POPs in particular through chemicals life cycle management developed and implemented. Based on the Strategic Approach to International Chemicals Management (SAICM) and the National Implementation Plan (NIP) priorities, a gap analysis of the key Kenyan environmental regulation will be completed. Its aim will be to prepare a policy and legislation review roadmap, addressing technical and environmental standard for waste treatment equipment; including health care waste, regulation related to the risk-based acceptable level of hazardous chemicals (at least POPs and heavy metals) in recyclable waste, and the development and of a PRTR decree. The new/updated regulations will then be submitted to the GoK regulatory body for approval and promulgation. 2. Objectives of the assignment The objectives of the consultancy are: 1. To analyse and document how extensively sound chemicals management is addressed by existing chemicals related legislation, policies and strategies 2. To identify gaps, barries and challenges that Kenya will face in streamling chemicals management into development activities 3. To evaluate if the environmental standards for emissions into air or releases into land are in harmony with international standards and if not propose areas in which these emission and effluent for internationally listed chemicals elements can be developed 4. To document the risks related to chemicals from a life cycle perspective that ensures their proper disposal that avoids their release into the environment. 2

3 3. Scope of work I. Desktop review of national laws and regulations that govern sound chemicals management, the multilateral environmental agreements on chemicals and hazardous waste and the extent to which they have been domesticated II. Carry out consultations on compliance with the enforcing agencies and the non regulatory public and private organisations active in chemicals and waste management sector, documenting their experiences in policy formulation, enforcement and implementation of Kenya s international commitments especially regional national and county mandates, III. From (i) and (ii) above list out sectoral recommendations to enhance the design and implementation of workable policy and strategy for stakeholder engagement in sound chemicals management IV. From the gap analysis provide a step by step methodology on how chemical polices and legislation could be updated in line with new and multilateral environmental agreements under development; V. For non regulatory agencies, detail how sound chemicals management can be participatory through voluntary initiatives for stakeholders in the counties, private sector and the informal sector; 4. Deliverables The following are key deliverables for the assignment: i. Statement of work detailing the consultants plan on this consultancy by week 1 ii. A desk study draft report on Kenya legislation and institutions relevant to chemicals and waste and MEAS Kenya is party or signatory to be submitted 3days after signing of contract. iii. Draft Report containing consultations with institutions with the mandate to develop and enforce these regulations by week 2 iv. Presentation of the above findings to a stakeholder validation meeting 25 days after signing the contract including the view and recommendations of the stakeholders v. Final Gaps Analysis report on Chemicals and Waste Management in Kenya (hard and soft copies) to be submitted to UNDP and MENR 5. Reporting Modalities The Consultant will work under the overall guidance of the Team Leader, Energy, Environment and Climate Change, UNDP Country Office, Kenya with day to day supervision by the UNDP EECCU Programme Analyst in close collaboration with the project focal point at the Ministry of Environment and Natural Resources. 6. Duration of Consultancy The assignment is expected to take 22 working days. The assignment is expected to be carried out between May to June UNDP will cater for the travel costs out of Nairobi where such trips are deemed necessary after consultations, as well as convene and support one stakeholder meeting for feedback on the consultancy findings. 3

4 7. Program of Work The consultant shall split time to cover the work schedules as follows: Activity Timeframe (Days) Preparation / Desk analysis 2 Field Visit 10 Data entry/analysis 5 Draft report 2 Stakeholders Validation meeting 1 Revised and finalized report 2 Total Qualification and Education Experience Advanced University degree in, Law, Environment/Public Health, Environmental Protection and Management, Chemical and Industrial Engineering, and other relevant fields. Experience At least 5 years experience in law, social sciences, sound chemicals managment, healthcare waste management, municipal and hazardous waste management Knowledge of and experience with implementation of the multilateral environmental agreements such as the Stockholm, Basel, Minamata and other related conventions and agreements is an asset; Experience in international project implementation is an asset; 9. Competencies Must be a results-oriented team player with excellent interpersonal skills, including enthusiasm, tact, diplomacy and high integrity; Concise and analytical thinking; Professional in working with government counterparts, team player; Must be able to communicate effectively in English language (verbally and in writing) in a cross-cultural environment. Ability to work with minimal supervision 4

5 10. Evaluation Criteria Only candidates obtaining a minimum of 70 points will be considered Criteria Weight Max. Point Technical 100% 100 Academic qualifications, experience and relavance. 20% 20 Experience in Chemicals and waste management policy and legal issues Knowledge of and experience with implementation of MEAs 25% 25 25% 25 Analytical and report writing skills 20% 20 Experience in result-based management. 10% 10 EVALUATION Method: cumulative analysis method will be used to evaluate proposals. The evaluation Criteria as shown below shall be used to evaluate all the proposals received. The award of the Individual Contractors Contract shall be made to the individual contractors 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 and financial criteria specific to the solicitation. Technical Criteria weight - 70 points Financial Criteria weight - 30 points The following formula will be used to evaluate financial proposal: p = y (µ/z), 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; Financial Proposal (30%): Your financial proposal shall include a breakdown of the lump sum indicating fees and any other expenses that consultant might think is required for the assignment. Incomplete application and applications received after the deadline will not be considered. Only selected candidates will be notified. 5

6 9. Application process Interested and qualified candidates should submit their applications which should include the following: 1. UNDP Personal History Form (P11) - Template provided 2. Detailed Curriculum Vitae 3. Technical and financial Proposal and for implementing the assignment - Template provided Qualified candidates are requested to their applications to consultants.ken@undp.org to reach us not later than 5.00 P.M on Tuesday, 02 May Please quote Analysis of Chemicals and Waste Management in Kenya on the subject line. ANNEXES ANNEX 1 PROCUREMENT NOTICE ANNEX 2 - TERMS OF REFERENCES (TOR) ANNEX 3 - IC PROPOSAL FORM ANNEX 4 - P11 TEMPLATE ANNEX 5 - INDIVIDUAL CONSULTANT GENERAL TERMS AND CONDITIONS 6

7 11. Remuneration The successful consultant will be paid on UNDP terms and condition for the relevant contract modality. Payment will be done against a disbursement schedule as outlined in the contract and based on receipt of clearly defined deliverables with a specific timeline. Transport for field work will be provided by the project. DSA will be provided to the consultant while in the field 12. Application process Interested and qualified candidates should submit their applications which should include the following: 1. UNDP Personal History Form (P11) 2. Detailed Curriculum Vitae 3. Proposal for implementing the assignment Please submit your applications to consultants.ken@undp.org to reach us not later than COB on. Please quote Consultancy Services to Undertake a Policy and Legal Gaps Analysis of Chemicals and Waste Management in Kenya on the subject line. 7