TERMS OF REFERENCE CNF/2015/GEO-004

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1 TERMS OF REFERENCE CNF/2015/GEO-004 KEY INFORMATION Functional title Duty station: Duration of assignment: Starting date: Type of contract Level of engagement Remuneration Application procedure: National Consultant to design a Conflict Resolution Scheme to strengthen mutual understanding between PA authorities and surrounding communities in Georgia. Home-based, with regular missions to Borjomi-Kharagauli National Park, Georgia Maximum 6 months As soon as possible Lump-sum N/A Maximum EUR 5,500 gross, negotiable according to experience and detailed scope of work, including costs for missions A Letter of Motivation, including summary description of proposed approach (max. 3 pages), and Curriculum Vitae should be send to recruitment@caucasus-naturefund.org, citing reference number CNF/2015/GEO-004. All documents submitted should be in English. Application deadline: COB Tbilisi, Georgia (UTC/GMT +4h) on 22 April 2015 For additional information: Mr. Harald J.L. Leummens, CNF Project Manager Consultancies, at hleummens@caucasus-naturefund.org BACKGROUND OF THE CNF The Caucasus Nature Fund (CNF) is a conservation trust fund founded in 2007 with the support and encouragement of the German Federal Ministry for Economic Cooperation and Development (BMZ) through the German Development Bank KfW, Conservation International (CI) and WWF. By providing long-term funding and management assistance to help meet the core needs for Protected Areas (PAs) in Armenia, Azerbaijan and Georgia, CNF supports the conservation of the unique flora, fauna and ecosystems of the Caucasus for future generations, while at the same time improving the lives of local people today. CNF s support to PAs ensures that basic needs are met through supplements to operational and personnel expenses, and that capacities are strengthened to ensure an improved management of PAs in addressing 1

2 poaching, logging and other illegal activities, in monitoring flora and fauna species diversity and the health of natural ecosystems, in education of the public, and in promoting tourism and sustainable development. OUTLINE OF CONSULTANCY From a focus on land set aside for conservation, frequently excluding local communities and indigenous people and forbidding all or most human activities in benefit of wilderness, over the last 40 years the conservation of nature and biodiversity by means of PAs has undergone a significant paradigm shift. Throughout the world, nowadays PAs are increasingly recognized as a cultural and economic assets, important for the local, national and international communities. While the area under formal protection has increased significantly over the last decades, it is recognized that PAs are often insufficiently effective in protecting the important biodiversity they were created for. One reason is that PAs depend on local community support for conservation, which is strongly influenced by community perceptions of the impacts from a PA, its management and governance, and any (perceived) conflicts that arise from this. Often PA authorities regard nearby communities as the origin of all problems, e.g. illegal logging, poaching, etc. In turn, communities often regard a PA as a threat to crops, livestock or other resources they depend on for their livelihood, and an interference with their traditional rights to land and natural resources. Overall, frequently communities are not viewed as part of the solution, and the installed top-down, exclusionary management policy had failed to discourage local people from using natural resources (e.g. fuel wood, fodder, NTFPs, etc.) in the PA. Understanding and acknowledging the nature and underlying root causes of any conflict between a PA and communities is a prerequisite before attempts can be made to resolve it. A structured approach to conflict management includes an assessment of the scope, nature and stage of the conflict as perceived by all stakeholders, and an analysis of the factual evidence available to support these perceptions. Subsequently, all stakeholders should be fully involved in a conflict resolution and consensus building process, applying a variety of conflict management techniques to best suit a particular situation (e.g. direct negotiations by the parties, mediation by an independent 3 rd party, etc.). Negotiating any compromise agreement is followed by an implementation phase, usually involving a series of short- and long-term actions (e.g. finding alternative occupation for lost income, providing other sources for lost fuel wood, etc.). The implementation of agreed actions to solve conflicts commonly will lead to a change in peoples attitudes, ultimately so that future potential conflicts over the same issue can at best be prevented, or at worst be more easily managed. To come from a process of conflict resolution to timely conflict prevention, a formal mechanism can be designed whereby stakeholder groups could exchange opinions on a regular basis to discuss concerns and address specific conflicts. In recent years the Government of Georgia, supported by CNF and other donor organizations, has significantly strengthened the Protected Area system in the country, both by expanding the surface area under formal protection as well as by improving the PA management regime. As part of the overall strategy to sustainable biodiversity conservation, there is a common understanding of the need to strengthen the relationships between PAs and affected communities, to adapt PA management and governance processes towards providing besides improved biodiversity conservation also more tangible socio-economic benefits. In order to strengthen the capacity to recognize conflicts between PAs and communities in Georgia and plan for their resolving, CNF commissions the current consultancy for designing a Conflict Resolution (CR) scheme for PAs in Georgia, and testing the approach for the Borjomi-Kharagauli National Park (BKNP). The 2

3 scheme is envisioned to be based on a mechanism of organized communication between BKNP authorities and relevant communities, to explore appropriate collaborative solutions in response to identified conflicts. Two-sided communication shall offer all stakeholders a platform for the exchange of opinions, to ensure community members that their voice is heard, and provide the PA authorities with an instrument to share their thoughts on measures with respect to conservation. Communication aims to result in negotiated mutually agreeable solutions to identified conflicts, formulated in a programmatic Action Plan for implementation. The consultant will pilot the tailored CR scheme in the BKNP, by assessing all aspects of existing conflicts and facilitating a series of public meetings. In a formulated Action Plan, the Consultant shall explore recommendations for the implementation of agreed solutions to consensus conflicts, e.g. options for alternative PA management and natural resources uses, as well as decision-making procedures, rules of compliance and dispute resolution mechanisms. The Action Plan shall also provide recommendations for necessary further actions for conflicts on which no consensus could be reached. As a result of the consultancy, the pilot PA authority, its superior authority the Agency of Protected Areas (APA) of the Ministry of Environment and Natural Resources Protection of Georgia (MoENRP), as well as CNF and other present and potential donors will receive an elaborated approach to timely identify, assess and resolve conflicts related to the functioning of PAs in Georgia, based on international best practice approaches and piloted for the BKNP, including specific recommendations for a programmatic Action Plan for implementation support. SUMMARY SCOPE OF WORK - 1. Design: Formulate the general principles and practical approach for an effective CR scheme related to PAs in Georgia, based on international best practice. The proposed framework of the CR scheme shall describe suitable methods & approaches for (1) conducting an in-depth assessment of conflicts; (2) establishing two-way communication between PAs and stakeholders using regular public meetings or other suitable communication instruments; (3) negotiating compromise solutions to manage and resolve any conflict; (4) formulating a programmatic Action Plan; (5) implementing agreed actions; (6) evaluating compliance and impacts; and (7) establishing management arrangements, including PA appointed coordination and cost assessment to maintain an active CR mechanisms Testing of the CR scheme in the BKNP: a. Assessment: Describe the specific nature and the root causes of the conflict(s) between the BKNP and the surrounding communities: assess available evidence; determine additional information to be collected and disseminated to support the CR process; and describe the legal-institutional framework relevant to the conflict(s). Also describe (a) who is involved; (b) communication lines; (c) interests and (power) relationships; and (d) opinions on possible solutions, incentives or disincentives. b. Facilitation: Facilitate a series of focal meetings to involve the PA authorities and concerned community stakeholders, individuals and organizations in a fair and respectful discussion process on noted conflicts. The meetings serve to (1) share opinions on conflicts; (2) formulate a common understanding, and, if feasible, (3) negotiate a compromise on selected solutions and related Action Plan. The focal meetings will be organized in close cooperation with and support provided by the BKNP authorities and CNF, with further support provided by APA as needed. c. Formulated Action Plan: Prepare an Action Plan that, based on the outcomes of Assessment and Facilitation, describes the conflicts, the stakeholder meetings and the recommendations 3

4 for next steps. The Action Plan shall pay attention to alternatives outcomes of the CR process for identified conflicts: a) For conflicts on which consensus was reached: formulated recommendations on practical implementation of agreed solutions, including further analysis, relevant costs, division of responsibilities, M&E framework; b) For conflicts on which no consensus was reached: formulated recommendations on necessary actions for further negotiation needed to establish consensus, e.g. additional studies, additional communication instruments, others as needed Review the framework CR scheme developed under stage 1 of this ToR, and incorporate relevant adjustments based on practical experiences and findings of the process of testing the CR scheme in the BKNP. KEY QUALIFICATIONS - A Bachelor Degree in Protected Area management, Conflict Resolution, or any discipline relevant to the current consultancy. A Master Degree will be considered as an advantage. - At least 10 years of relevant professional experience. - Proven successful mediator in negotiating complex conflicts, experienced in establishing neutral, reliable relationships and building trust with the specter of stakeholders in specific conflicts. - Experience with Protected Areas and their authorities in Georgia. - Excellent knowledge of / fluent in Georgian and English. - Available for travel to/within Georgia. ADDITIONAL INFORMATION Any costs or expenses incurred in preparing the application are at the applicant s risk, and are not eligible for reimbursement by CNF. CNF accepts applications for implementation of activities listed in this ToR from either individual consultants or from private sector companies, NGOs or other duly registered organizations. If the applicant envisions using subcontractors, then he/she shall bear full responsibility for the services these perform. The assignment of all activities to one or several subcontractors is not permissible. If subcontractors are proposed to be used, the application shall include a Declaration of Intent signed by all proposed subcontractors, describing the envisioned provisions, e.g. form of cooperation, identify the lead consultant, division of work, etc. Before any contract with CNF can be signed, the applicant will be required to submit evidence of a formal signed agreement with all subcontractors, including a description of joint and individual liability. The award of the contract will be based on an evaluation by the CNF Tender Commission, using information provided in the Letter of Motivation, including summary description of proposed approach (maximum 3 pages), and the C.V. on: (1) knowledge and understanding of the subject of the tender; (2) evidence of relevant experiences; (3) knowledge of and experiences with PA systems in Georgia; (4) financial expectation. The Tender Commission may also interview one or more applicants to assist in its evaluation process. 4

5 The Tender Commission reserves the right to cancel the procedure at any moment and not conclude any contract, without further notice to the applicants. It also reserves the right not to accept the lowest bid. The Consultant will act as an independent contractor under a Consultancy Agreement with CNF. The Consultant will not be an employee of CNF, and accordingly will be personally responsible for the payment of his/her taxes according to relevant legislation. Issuing of a contract with the selected Consultant shall be, among others, based on the Consultant submitting a signed Declaration of Undertaking in accordance with accepted good practice of KfW. Reporting under the contract shall be done in both the English and Georgian languages, any related costs for translations shall be borne by the consultant. Only short-listed candidates will be contacted. 5