Mekong River Commission

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1 Mekong River Commission Office of the Secretariat in Phnom Penh (OSP) 576 National Road #2, Chak Angre Krom P.O. Box 623, Phnom Penh, Cambodia Tel: (855-23) Fax: (855-23) Office of the Secretariat in Vientiane (OSV) Office of the Chief Executive Officer 184 Fa Ngoum Road P.O. Box 6101, Vientiane, Lao PDR Tel: (856-21) Fax: (856-21) Title: Consultant Type: Programme/Division: Contract Type: TERMS OF REFERENCE Support to the MRC Transboundary Environmental Impact Assessment tool development process International Consultant (Individual) Environment Programme / Environment Division Service Contract Duration: 66 working days total, intermittent inputs, from August 2015 June 2017 Duty Station: Reporting to: Office of the MRC Secretariat in Vientiane Environment Programme (possibly some home-based) with occasional travel to Member Countries EP Environmental Management Specialist and Programme Coordinator 1 THE MEKONG RIVER COMMISSION The Mekong River Commission (MRC) was established by the 1995 Agreement on Co-operation for the Sustainable Development of the Mekong River Basin, between the governments of Cambodia, Laos, Thailand and Viet Nam. In accordance with this Agreement, the Mission of MRC is: To promote and coordinate sustainable management and development of water and related resources for the countries mutual benefit and the people s wellbeing by implementing strategic programmes and activities and providing scientific information and policy advice. 2 THE ENVIRONMENT DIVISION AND PROGRAMME The Environment Division and Programme generates data, information and knowledge in order to balance economic development and environmental conservation in decision-making. In addition to establishing systems for monitoring the Basin s environmental health, improving policies and legislation, and encouraging co-operation among the riparian countries, the programme is also charged with increasing environmental awareness amongst the public. The MRC Climate Change and Adaptation Initiative is newly established under the Environment Division. 3 JOB SUMMARY To facilitate the adoption of an effective tool for the Member Countries (MCs) in coping with projects/developments of transboundary nature in the spirit of the 1995 Mekong Agreement on cooperation to promote the sustainable development, utilisation, conservation and management of the Mekong River Basin water and related resources. The MRC Environment Programme (EP) has developed a Transboundary Environmental Impact Assessment (TbEIA) Guidelines consisting of three main elements: (i) The Framework; (ii) The Technical Guidance (TG); and (iii) The Institutional

2 Support. After drafting, the TbEIA TG has been consulted with the MCs with recommendations, in which a piloting case study be undertaken to verify/test the process and procedures spelled out under the TG. In this connection, the MRC EP will employ an International Consultant to finalise the TbEIA Guidelines. Under the overall supervision of the Programme Coordinator and immediate supervision of Environmental Management Specialist of the Environment Programme, the international consultant is responsible for (i) advising the case study and national legal and institutional review teams; (ii) preparing regional report of the case study; (iii) preparing a regional report of the legal and institutional review; and (iv) revising and improving the TbEIA TG and/or Framework, including the institutional support. 4 SPECIFIC TASKS OF THE INTERNATIONAL CONSULTANT Responsibilities of the international consultant are divided into those directly linked to the conduct of the TbEIA TG testing through the case study and those which are in broader support of the TbEIA process as follows: A. Responsibilities linked to the Verification of the TbEIA TG and Improvement of the TbEIA and Framework: Provide support, guidance, and advice to the National Teams regarding the Se San River Case Study and national legal and institutional review; Prepare a regional report on Se San River by combining the two reports from Cambodia and Viet Nam; Finalise the regional report by incorporating all comments raised by the participants during the regional consultation workshop; Prepare a regional report on regional legal and institutional review, including recommended best practices based on a survey of lessons learned from international, regional, and international institution practice; Finalise the regional report on regional legal and institutional review by incorporating all comments raised by the participants during the regional consultation workshop; and Attend regional and/or national workshops to present the reports on the Se San River Case Study and regional legal and institutional review. B. Responsibilities linked to the Finalisation of TbEIA TG and/or Framework and development of Institutional Support: Revise the TbEIA TG and/or the Framework based on the results and findings from the case study and national legal and institutional review; Draft an Institutional Support, which is a final part of the TbEIA Guidelines; Finalize the TbEIA TG and/or Framework by integrating all comments and suggestions from the national and regional consultation workshops; and Present the revised the TbEIA TG and/or the Framework at the national and regional workshop. 5 EXPECTED OUTPUT The international consultant will deliver the following outputs:

3 Regional case study report on Se San River, including recommended keys points for improving the TbEIA TG; Regional report on legal and institutional review, including recommended best practices based on a survey of lessons learned from international, regional, and international institution practice; and A comprehensive TbEIA Guideline, including Framework, Technical Guidance, and Institutional Support. 6 SCOPE OF AUTHORITY (a) Supervision requirements: The incumbent has no supervision mandate to the staff of the Environment Programme and the Environment Division, but is responsible for his/her outputs to be carried out in line with the Environment Division s and MRCS requirements. (b) Level of autonomy: Has no decisions making, but directly delivers qualified technical support under his/her respective activities. (c) Level of problem solving required: Problem solving can be complex and the incumbent should display initiative and creativity. (d) Level and type of communications required: Communications are wide, both within and outside of the organisation, very good spoken and written skill are required for this position. 7 COMPETENCE REQUIREMENTS (a) Core Values: Integrity, professionalism and respect for diversity. (b) Core Competencies: Communication, teamwork, planning and organizing, accountability, creativity, client orientation, commitment to continuous learning, and technological awareness. (c) Managerial Competencies: Vision, leadership, empowering others, building trust and managing performance. 8 POST-SPECIFIC QUALIFICATIONS Master s degree or PhD degree in Environmental Law, Environmental Sciences, Environmental Management and Assessment, Natural Resources, Watershed Management, Integrated Water Resources Management (IWRM) or closely related fields Ten-year experience in Environmental and Social Impact Assessment, Strategic Environmental Assessment, and Environmental Impact Assessment in a Transboundary Context An established international reputation with strong track records in environmental law and IWRM Knowledge of environmental impact assessment, negotiation and institutional coordination in a transboundary context Experience with multi-stakeholder consultation processes, a demonstrated effectiveness in networking amongst a diverse stakeholder group, team building and experience with capacity building programmes Experience working in an international environment, able to respect diversity of the MRC Member Countries, their practices, customs and traditions Knowledge about MRC and its activities, and working experience in the MRC Member Countries is an advantage

4 Knowledge of policy and institutional settings of the concerned MRC Member Countries is an added advantage Excellent command of verbal and written English is required 9 CONDITION OF PAYMENT An initial payment corresponding to 10 working days (approximately 15% of the contract value) will be paid after signing the contract. The remaining payment will be made in 4 stages based upon milestones listed below with satisfactory results approved by the EP. Travel and subsistence costs will be reimbursed based upon normal MRC rules following submission of receipts/boarding passes, etc. The consultant has to submit a timesheet together with the claimed invoice. Activities Number of Days to be paid Targeted Date A. Verification of the TbEIA TG and Improvement of the TbEIA and Framework 1 Upon signing the contract 2 A literature review report on TbEIA practices in a regional and international context 3 Methodologies for conducting the case study and plan schedules for the field study and overall implementation 4 Prepare a first draft of a regional report on Se San River Case Study 5 Prepare a first draft of a regional report on legal and institutional review 6 Finalise and submission the final regional report on the Se San River Case Study 7 Finalise and submission the final regional report on legal and institutional review 15% (Approximately 10 working days) 15% (Approximately 10 working days) 20% (Approximately 13 working days) 31 August August March March April April 2016 B. Finalisation of TbEIA TG and/or Framework and development of Institutional Support 1 A first draft of the revised TbEIA TG and/or the 30 September 2016 Framework based on the findings of the case study 20% 2 A first draft of the TbEIA Institutional Support (Approximately 13 working days) 30 September A final draft of the revised TbEIA TG and/or the Framework after the national and regional consultation workshops 30% (Approximately 20 working days) 20 January 2017

5 10 SIGNATURES EP Coordinator: M-IWRMP Coordinator: Division Director: Consultant: