A. Project Title : Strengthening human resources, legal frameworks and institutional capacities to implement the Nagoya Protocol

Size: px
Start display at page:

Download "A. Project Title : Strengthening human resources, legal frameworks and institutional capacities to implement the Nagoya Protocol"

Transcription

1 United Nations Development Programme Terms of Reference for the recruitment of an International Consultant to strengthen the Competent National Authorities through training, for the implementation of the Nagoya Protocol in Seychelles Type of Contract: International Consultant (SC) Languages Required: English and French; knowledge of Seychellois creole will be an advantage Duration: estimated work input of 15 days over 5 months Location: Home-based with at least one field mission based on country needs A. Project Title : Strengthening human resources, legal frameworks and institutional capacities to implement the Nagoya Protocol B. Introduction The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS), an agreement under the Convention on Biological Diversity, was adopted on 29 October 2010 in Nagoya (Japan) and entered into force on 12 October 2014, it provides a transparent legal framework for the effective implementation of the 3rd objective of the Convention on Biological Diversity (CBD). The Protocol applies to genetic resources that are covered by the CBD and to the benefits arising from their utilization, it also covers associated Traditional Knowledge (atk) associated with Genetic Resources (GR) held by indigenous and local communities. Contracting parties to the Nagoya Protocol need to fulfil core obligations to take measures in relation to access to genetic resources, benefit-sharing and compliance. Article 8(j) of the CBD states Each contracting Party shall, as far as possible and as appropriate: Subject to national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge innovations and practices. The UNDP-GEF Project Strengthening human resources, legal frameworks, and institutional capacities to implement the Nagoya Protocol (Global ABS Project) is a 3-year project that specifically aims at assisting 24 countries in the development and strengthening of their national ABS frameworks, human resources, and administrative capabilities to implement the Nagoya Protocol. The project seeks to achieve this through its 4 components namely: Component 1: Strengthening the legal, policy and institutional capacity to develop national ABS frameworks; Component 2: Building trust between users and providers of genetic resources to facilitate the identification of bio-discovery efforts; and Component 3: Strengthening the capacity of indigenous and local communities to contribute to the implementation of the Nagoya Protocol. Component 4: Implementing a Community of Practice and South-South Cooperation Framework on ABS. Component 1, Output of the project seeks to improve capacities of National Competent Authorities and related agencies on processing access applications, developing model

2 contractual clauses under mutually agreed terms, including the negotiation and tracking of ABS agreements and biodiscovery projects to ensure compliance. C. Context of the Project The Republic of Seychelles is a Party to the Nagoya Protocol since its entry into force (ratification) on October 12, Seychelles does not have a comprehensive legislative/regulatory ABS framework in place. The Seychelles Bureau of Standards (SBS), through its parent the Ministry of Industries and International Business, has a facilitator role as a hub where all the stakeholders and research partners can bring their documents and or seek additional information. Other line ministries such as the Ministry of Environment, Energy and Climate Change (MEECC), the Ministry of Fisheries and Agriculture and now the National Institute of Science Technology and Innovation (NISTI) have more of the decision-making roles. The Department of the Environment of the Ministry of Environment, Energy and Climate Change is the designated institution where the Nagoya Protocol on ABS focal point is hosted. With the support of the UNDP-GEF Global ABS project, the ABS policy and the guidelines to preserve and valorise Seychelle s traditional knowledge were drafted. National consultations and awareness raising activities were undertaken with key stakeholders and the political profile of ABS. Capacity building interventions are also being planned. Country delegation has already attended knowledge sharing workshops such as the Pan-African ABS workshop alongside ABS experts and practitioners to share experiences and key innovations in implementing the Nagoya protocol in Africa and, present good practices while strengthening critical ABS capacities and disseminating state-of-the-art knowledge. Against this background and following the request of the national ABS team in Seychelles, the Global ABS project is now seeking a legal ABS expert to strengthen national legal capacities in support to the implementation of the ongoing legislative, administrative and policy measures. D. Objectives of the assignment The international consultant will conduct relevant trainings benefiting a wide range of stakeholders from the Competent National Authority and key entities involved in Access and Benefit Sharing in Seychelles that include ministries, research and academia, private sector, civil society organizations and media. More specifically, the International Consultant will lead/guide the National Consultant in their report for the following 1. Establish the baseline for scientific research and patent activity involving biodiversity in the country; 2. Review the provisions of existing research application forms and research permits and identification of additional needs considering the Nagoya Protocol, including provisions related to IPR; 3. Identify key issues for consideration in the negotiation of ABS agreements; A. From accomplishing 1-3 of above, the International Consultant is then responsible to to design specific legal ABS training adapted to the needs of key stakeholders in Seychelles using the UNDP/GEF ABS Capacity Development Scorecard;

3 B. Conduct targeted ABS trainings including on ABS contracts that benefit the Competent National Authority, research and academia, private sector, civil society organizations and media, and C. Provide guidance with regards on the legal steps, safeguards to negotiate and how to engage in biodiscovery partnerships The international consultant shall prepare a training package including at minimum: 1) Specific learning materials adapted to the audience including Power-Points, Videos, relevant publications and reports; 2) Interactive case studies to enable real-life simulations of legal ABS challenges, 3) the drafting of one ABS contract based on a real case-study from Seychelles which details will be duly provided to the consultant by the ABS country team; E. Description of Responsibilities The Consultant shall work in close coordination with the project country team in Seychelles. The country team shall include, at minimum and in line with national circumstances, the National Project Director, the National ABS and CBD Focal Points, the National Project Managers from UNDP country offices, the Global Project Manager and the Regional Project Specialist for Africa from the Global ABS project team. F. Deliverables: Deliverables % Fees Tentative Date Review and Approvals required Submission of 10 1 st October 2018 UNDP Country Workplan Office Provide feedback to th October 2018 the National consultant and finalized report is approved. Deliverable th November 2018 UNDP Country Specific learning Office materials developed/ ABS National Focal adapted to the Point (ABS NFP) audience including Power-Points, Videos, relevant publications and reports (Learning materials are approved by the ABS NFP, UNDP CO and ABS Regional Specialist) Deliverable th November 2018 UNDP Country Conduct targeted Office ABS trainings ABS National Focal including on ABS Point (ABS NFP) contracts and MEECC benefiting legal resource persons from the Competent

4 National Authority and key relevant national institutions, research and academia, private sector, civil society organizations and media Deliverable th December 2018 UNDP Country Write-up of a report Office (of the strategic ABS National Focal advisory services Point (ABS NFP) provided to the nationally designated ABS FPs and NCAs) on guidance towards the legal steps, safeguards to negotiate and how to engage in biodiscovery partnerships. Deliverable 4 IC 10 4 th February 2018 has amended feedback received from deliverable 3 and report has been approved by NP, UNDP and relevant actors/agencies Total 100 Travel: As needed, the Seychelles UNDP Office alongside the ABS NFP will indicate the number of missions to be conducted and the duration for each mission as per national needs. Mission related costs will be paid separately as per UNDP rules and regulations. An indicative planning shall be developed at the induction session following the hiring of the international consultant. G. Duration: The consultant is expected to work app. 15 days over a 5-month period; H. Competencies: Corporate competencies: Demonstrates integrity by modelling the UN s values and ethical standards; Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability; Treats all people fairly without favouritism; Promotes the vision, mission and strategic goals of UNDP. Technical competencies:

5 Ability to provide guidance on implementation of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS), especially with regards to legal ABS contracts and safeguards to conclude biodiscovery partnerships; Knowledge of legal challenges related to ABS contracts and the ability to apply it to strategic and/or practical situations; Ability to work with multiple stakeholders across a wide range of disciplines. Functional competencies: Development and Operational Effectiveness: Ability to contribute to strategic planning, change processes, results-based management and reporting; Ability to lead formulation, oversight of implementation, monitoring and evaluation of development projects; Ability to apply development theory to the specific country context to identify creative, practical approaches to overcome challenging situations. Knowledge Management and Learning: Demonstrates practical knowledge of inter-disciplinary development issues; Seeks and applies knowledge, information, and best practices from within and outside of UNDP. Client Orientation: Maintains relationships with clients, focuses on impact and result for the client and responds positively to feedback; Consistently approaches work with energy and a positive, constructive attitude; Proven networking, team-building, organizational and communication skills. Professionalism: Demonstrates openness to change and ability to manage complexities; Demonstrates strong oral and written communication skills; Remains calm, in control and good humoured even under pressure. I. Qualifications Academic Qualifications/Education: Minimum Master s degree in environmental law or policy, multi-lateral environmental agreements, or another related field. Experience: At least 7 years of experience in conducting legal ABS trainings; Experience in several countries, especially in Africa, in providing legal backstopping for the negotiation of biodiscovery partnerships and the drafting of ABS contracts; At least 5 years of experience working on the implementation of the Nagoya Protocol and ABS regimes in Africa region; specific experience in Seychelles is an asset; Experience providing strategic and technical support to national experts and other stakeholders from relevant national institutions; Working experience in an international organization or knowledge of UN policies, procedures and practices is an asset. Language skills: Excellent writing, editing, and oral communication skills in English and French;

6 knowledge of Seychellois Creole will be an advantage. J. Scope of Price Proposal and Schedule of Payments The financial offer should be quoted as a lump sum amount, all-inclusive (professional fee, insurance). Fees will not include duty related travel outside of Mauritius which will be borne by the project or from the Global Budget. The contract price is fixed regardless of changes in the cost components. Payments will be effected based on deliverables as per section D above. K. Recommended Presentation of Offer The following documents are requested: a) Duly completed Letter of Confirmation of Interest and Availability using the template provided by UNDP; b) Personal CV or P11, indicating all past experience from similar projects, as well as the contact details ( and telephone number) of the Candidate and at least three (3) professional references; c) Financial Proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs, as per template provided by UNDP. L. Criteria for Selection of the Best Offer Individual consultants will be evaluated based on the following methodology: Cumulative analysis When using this weighted scoring method, the award of the contract should be made to the individual consultant whose offer has been evaluated and determined as: a) Responsive/compliant/acceptable, and b) Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation. Short-listing criteria:

7 All applicants will be requested to submit a price offer indicating their daily rate fee for the assignment. Following UNDP procurement rules, both technical competence and the consultant daily fee rate will be taken into account in the selection process. The technical evaluation will be based on the following evaluation criteria Minimum Master s degree in environmental law or policy, multilateral environmental agreements, or another related field. At least 7 years of experience in conducting legal ABS trainings; At least 5 years of experience working on the implementation of the Nagoya Protocol and ABS regimes in Africa region; specific experience in Seychelles is an asset; Experience providing strategic and technical support to national experts and other stakeholders from relevant national institutions; -Excellent writing, editing, and oral communication skills in English, Creole and French to be able to lead relevant consultations Total, 15 marks 20marks 25 marks marks 100 Candidates scoring 50 or above will be short-listed. The financial offers will be evaluated giving the lowest price proposal 30 marks and marking the other more expensive proposals reverse proportionally to the cheapest offer.

8 The final scoring of short-listed candidates will take into account the technical Evaluation and the financial score: Criteria Weight Max. Point Technical score 70% 70 Financial score 30% 30 The candidate ranking highest shall be selected. Annexes to the TOR The approved Prodoc is available for download if requested, from the NPC. L. Approval This TOR is approved by: Signature Name and Designation Roland Alcindor, Programme Manager Date of signing 21/09/2018 Payments will be made only upon confirmation of UNDP on delivering on the contract obligations in a satisfactory manner. Individual Consultants are responsible for ensuring they have vaccinations/inoculations when travelling to certain countries, as designated by the UN Medical Director. Consultants are also required to comply with the UN security directives set forth under dss.un.org General Terms and conditions as well as other related documents can be found under: