ToR Consultancy Firm to undertake Strategic Environmental Assessment (SEA) for the new Mining and Minerals Policy 1. Strategic Background Rwanda s has achieved a sustained economic growth over the past 5 year at a rapid rate of 8%. Mining is an important subsector that contributed close to 2 percent 1 to Rwanda s Gross Domestic Product in the 2013-2014 fiscal years mainly from mineral exports and providing over 40,000 jobs. The subsector plans to increase its contribution to GDP and the number of jobs each by at least 15%. In 2004, the Government of Rwanda realizing the growing macro-economic impact of mining on the socio-economic development of the country, decided to develop the first comprehensive Mining Policy of 2004 which was later reviewed in 2009 to give the existing Mining Policy of January 2010. This Policy sets out 5 Strategic Outcomes (Pillars) for the sector: 1. Strengthen the enabling legal, regulatory and institutional environment; 2. Develop targeted investment, fiscal and macro-economic policies; 3. Improve mining sector knowledge, skills and use of best practices; 4. Raise productivity and establish new mines 5. Diversify into new products and increase value addition. In 2011 the Government of Rwanda adopted the national Green Growth and Climate Resilience Strategy (GGCRS). The GGCRS articulates 14 Programmes of Action for its mainstreaming among all sectors of the national economy in order to orient its rapidly growing economy towards principles and practices of resource efficiency, maintaining a low-carbon production growth path and climate resilience. One of the Programmes of Action aimed at achieving a green and climate resilient mining sector for the long term in Rwanda Drawing from the GGCRS, the second phase of Rwanda s Economic Development and Poverty Reduction Strategy (EDPRS 2) that runs from 2013 to 2018 also set medium term priorities for pursuing a green mining industry that include the establishment of a model mine 2 as one of the key interventions. A new Mining and Minerals Policy of Rwanda has been drafted in 2015 by the Department of Mines and Geology, which aims at adjusting the policy to the changes 1 National Bank of Rwanda (2015) - http://www.bnr.rw/index.php?id=213 2 Model mine refers to a mine which operates under sustainable mining practices by ensuring profitability, health and safety for miners and community, utilizing innovative technology and services, strong environmental accountability and protection, efficient and optimum extraction of mineral resources, and ensuring equitable benefits to all stakeholders through effective management of mineral resources. Currently, two model mines are already established and 25 more model mines are under development ToR: Strategic Environmental Assessment for the Mining and Minerals Policy - Page 1 of 9
in institutional framework, developments in modern mining practices, greater focus on environmental management, and update of mining and mineral statistics. It focuses on the development of a policy framework that will enable Rwanda to manage its limited mineral resources for the sustainable socio-economic development of the Rwandan community. The Objective of this new proposed policy is: To ensure Rwanda s mining sector operations are managed efficiently in an economically, socially and environmentally sustainable framework within the internationally accepted standards of occupational health, mine safety and environmental protection. It describes goals and actions in the following thematic areas: Legal and regulatory framework fiscal and revenue management; Geological, topographic and mineral information system; Artisanal and small-scale mining operations; Investment, productivity, diversification and linkages; Environmental management of social impacts of mining Most activities involving the use of natural resources have potential negative environmental, economic and social impacts. Mining is no exception and to ensure that mining makes the largest, sustained positive contribution to the achievement of Rwanda development objectives, it is necessary to minimize negative environmental, social and economic impacts. In other countries, pollution, negative impacts on the well-being of people living close to mines, including women, have decreased the net positive economic contribution of mining to national economies and resulted in opposition in some quarters to mining. The overarching objective of this proposed undertaking is to draft a Strategic Environment Assessment (SEA) that focuses on the new Draft Mining and Minerals Policy, and will ensure mining s contribution to Rwanda s development maximizes net social and economic benefits, including gender elements. 2. Regulatory and Institutional Context Principle 1 of Article 7 in Organic Law 04/2005 provides a legal framework for Strategic Environmental Assessments (SEAs) as precautionary measures that ensure environmental sustainability of policies, strategies and plans. In order to effectively mainstream resource efficiency, low-carbon growth and climate resiliency in Rwanda s mining operations as stipulated in the GGCRS and EDPRS 2, it is essential that environmental, social and economic impacts of mining operations be established and an SEA be undertaken at policy, plan and strategy levels. The Study will therefore be carried out according to the country s guidelines for Strategic Environmental Assessment and will assess the new Mining and Minerals Policy, with a final SEA report approved by the Rwanda Environment Management Authority (REMA). The Rwanda Natural Resources Authority (RNRA) as a technical institution of the Ministry of Natural Resources is mandated with developing a sustainable mining industry that is resource efficient, low-carbon, climate resilient and that provides decent employment. It is in this regard that RNRA seeks services of a consultancy firm to conduct a SEA for the mining sector in Rwanda to assess and guide the on-going development of the ToR: Strategic Environmental Assessment for the Mining and Minerals Policy - Page 2 of 9
new Mining and Minerals Policy. Special focus should be given to the Poverty Environment interactions, as well as gender aspects of the mining sector and its future strategies and plans. This is to ensure, inter alia, that the net positive economic contribution of mining to achievement of Rwanda s development goals is higher by avoiding or minimizing potential negative environmental, social and economic impacts. 3. Key policy and other documents: The Constitution of the Republic of Rwanda, Republic of Rwanda, 2003 Rwanda Vision 2020, Republic of Rwanda 2000. Green Growth and Climate Resilience Strategy, 2011 General Guidelines and Procedures for Strategic Environmental Assessment (SEA), REMA, 2011. General Guidelines and Procedures for Environmental Impact Assessment (EIA), REMA, 2006. Mining Policy, Republic of Rwanda, 2010. Organic Law N 04/2005 of 08/04/2005 determining the modalities of protection, conservation and promotion of environment in Rwanda, Republic of Rwanda 2005. Economic Development and Poverty Reduction Strategy II (2013-2018) Mining Sub-sector Strategic Plan 2014-2019, Rwanda Natural Resource Authority. Environmental, Social and Economic Dimensions to Consider in the Development of the Mining Industry in Rwanda, 2014. Mining Law (2015) Rwanda State of Environment and Outlook Report 2015. Chapter 6: Mining and Industry. REMA (2015). Environmental monitoring of small scale mining areas in Rwanda. Haidula, a.f., Ellmies, R., Kayumba, F. (2011) Rwanda Economic Update, Edition No. 6: Unearthing the sub-soil mining and its contribution to national development; Mining Sector Working Paper; Working Paper for the Green Growth Climate Resilient Strategy. Smith School of Environment and the Environment, Oxford University (2011) UNDP s Strategy for Supporting Sustainable and Equitable Management of the Extractive Sector for Human Development (2012); Economic Analysis of Natural Resource Management in Rwanda, MERA / UNDP-UNEP PEI Environment and poverty reduction in Rwanda. An assessment. UNDP, UNEP, 2006 ToR: Strategic Environmental Assessment for the Mining and Minerals Policy - Page 3 of 9
4. Assignment Objectives 4.1. Overall Objective The objective is to undertake an SEA of the new Mining and Minerals Policy, thereby ensuring that socio-economic, environmental and climate change factors, including gender aspects, are appropriately integrated and operationalized in the new national mining and minerals policy, in order to maximise the net contribution of mining to achievement of Rwanda s development objectives. 4.2. Specific Objectives: Identify, describe and assess environmental and socio-economic effects of the new Mining and Minerals policy, including with respect to: a) resource efficiency and cleaner production principles and practices; b) national and local economic benefits of mining; c) and impacts on poverty for men and women including a gender analysis. Provide recommendations with regard to resource efficient, low-carbon and climate resilient operations for considerations in the new Mining and Minerals Policy, including its implementation strategies, thereby especially focussing on recommendations that will have a lasting effect on environmental quality, poverty reduction and gender equality efforts Draft a full SEA for the new Mining and Minerals Policy, that also included stakeholder consultations and public participation sessions, with special attention to specific environment, poverty and gender related measures. 5. Main Tasks The SEA will follow the Rwanda SEA Guidelines, as published by REMA in 2011. This will include: Identify the main characteristics of the Policy, including the relationship with other overarching and relevant policies, strategies and plans, e.g. the Vision 2020, EDPRS, GGCRS, Environment & Natural Resources Sector Policies and Strategies, Mining sub-sector strategy, relevant legislation, guidelines, etc. Analyze the Policy Formulation Process, by comparing the main policy elements of the new policy with the previous mining policy, and how these were derived at, including description of formulation and reform process for national policies, strategies, plans and/or programmes in Rwanda; Determine the nature and extent of impacts of the main goals and actions of the new policy, with special attention to environmental, poverty and gender aspects, following an agreed methodology for identifying and analysis of the impacts, including data to be used, stakeholders affected, etc., as detailed in the Inception Report. ToR: Strategic Environmental Assessment for the Mining and Minerals Policy - Page 4 of 9
Present alternative options for the main goals and actions in the Policy, and assess the impacts of these alternative options, with particular emphasis on environmental quality, poverty reduction and gender equality. Consult with relevant Authorities, as identified in a stakeholders analysis, through meetings, surveys, focus group discussions and/or other means, as detailed in the Inception Report for this assignment, and ensure the collected, relevant concerns are reflected in the SEA. Consult with the general public through public consultation events, surveys, questionnaires, social media, and/or other means on the main findings of the SEA and proposed Policy Actions, as detailed in the Inception Report Coordinate the SEA with the Policy formulation process. Ensure that the results and information of the SEA is known to the Mining and Minerals Policy drafting team through frequent consultations with the drafting team and key policy makers in the Department of Mining, RNRA, MINIRENA and others and ensure that the drafting process of SEA and Policy is suitably synchronized. Establish a Monitoring & Evaluating plan of the SEA, suitably linked and synchronized with the Policy M&E plan Develop and include in the SEA report a communication strategy for disseminating findings 6. Deliverables Inception Report, including the understanding of the consultants of the TORs, detailed methodology of the study, including detailed workplan, which also inlcudes public participation and validation plan, as well as Outline (Table of Content) of SEA. The Inception Report is to be delivered 2 weeks after signing of the contract, and to be agreed and approved by clients (Department of Mining, REMA, UNDP, PEI) before starting of the studies Draft SEA for the Mining and Minerals Policy, including the content as indicated under Point 5 Main Tasks of these TORs, following the SEA guidelines as issued by REMA, and further detailed in the Inception Report. Final SEA for the Mining and Minerals Policy in Rwanda, including comments and concerns from stakeholders, including those collected during public participation events, and an implementation and monitoring plan, validated by stakeholders and approved by UNDP 7. Expertise Required: A consultancy firm is sought to carry out this SEA study for the new Mining and Minerals Policy. The firm should demonstrate experience and qualifications in ToR: Strategic Environmental Assessment for the Mining and Minerals Policy - Page 5 of 9
environmental assessments of policies, plans, strategies, plans and programmes of each expert proposed to be part of the SEA study team. The firm s team will work closely with the Department of Geology and Mines, Rwanda Natural Resources Authority under the Ministry of Natural Resources REMA and the PEI team, UNDP, as well as with other relevant stakeholders. The SEA consultant s team will be composed of a team of at least 3 of the following expertise: 7.1 Environmental/SEA expert as Team Leader Advanced University degree qualification in relevant field (e.g. geoinformation sciences or environmental sciences) Working experience in natural resources planning; Experience in developing, conducting or training of SEAs and /or similar environmental assessment assignments; at least one of these assignments as a team leader Experience in environmental sector policies and regulations; Experience in environmental stakeholder consultations; Over the last 10 years, at least one relevant experience in developing countries, preferably in Africa 7.2 Mining sector expert Advanced University degree or post-graduate qualification in relevant fields (e.g. mining studies, mining engineering, mining economics) Over the last 5 years, at least one working experience in applying environmental and/or social assessment in the mining sector Over the last five years, at least two project experiences in the mining sector in developing countries, preferably in Africa. 7.3 Socio-economic expert Advanced University degree in relevant field (sociology, economics, or similar). Expertise in socio-economic field studies and analysis, especially on poverty and gender related issues. Experience with such studies in Mining sector an advantage. Experience with conducting SEAs and or Social Impact Analysis, using participatory approaches 7.4 Common features to all experts Full working knowledge of English; At least one expert with full working knowledge of Kinyarwanda is required; Experience in Rwanda and/or similar setting in Africa ToR: Strategic Environmental Assessment for the Mining and Minerals Policy - Page 6 of 9
8. Foreseen Duration The assignment allows for a total workload of 8 months divided among three consultants. within a total time-frame of 6 months for the entire team contract duration The person-months could indicatively be divided among the three consultants according to the table below: Consultant Person-month Team Leader 3 Mining Expert 2.5 Socio-Economic Expert 2.5 Total estimated duration 8 The total duration of the delivering the final reports and hence the contract is 6 months from commencement of the contract. The Consultants should send all deliverables according to the work plan and time schedule that is included and agreed in the Inception Report to the Department of Geology and Mines, Rwanda Natural Resources Authority (RNRA), REMA, PEI and UNDP for comments and approval,. 9. Payment Modalities The company shall be paid the service fee upon completion of the following milestones: 20% after completion, submission and acceptance of inception report, which includes detailed methodology, workplan and outlines of final reports; 40% after completion, submission and acceptance of the draft SEA report for the Mining and Minerals policy. 40% after submission and acceptance of final reports on SEA for the Mining and Minerals policy. 10. Reporting The consultants team, through its team leader, will report to the designated official in the Mining and Geology Department, the UNDP-UNEP PEI Project Manager in REMA and the designated UNDP Rwanda Programme Officer. 11. Duty Station The Duty Station will be Home Based, preferably Kigali, Rwanda, with extensive meetings with relevant mining officials and stakeholders in Kigali, and travel to relevant mining sites in Rwanda ToR: Strategic Environmental Assessment for the Mining and Minerals Policy - Page 7 of 9
12. Application Procedure Qualified and interested consulting firms are requested to apply. The application should contain the following: Personal CVs, as specified in section 5 above in no more than three pages featuring relevant experience and qualifications; Substantive technical proposal and methodology on how this SEA work will be done; Financial Proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs, as per template provided, and in separate envelope. 13. Evaluation Criteria The company will be evaluated against a combination of technical and financial criteria (combined scoring method). Maximum score is 100% out of which technical criteria equals 70% and financial criteria equals 30%. The technical evaluation will include the following: Criteria Weight (%) Points Company Profile: 10 10 Established and reputable consulting firm 4 4 Assignments undertaken relevant to the assignment 3 3 (experience with EIA, SEA, etc., especially in Mining Sector) Experience in undertaking assignments for UN and/or other Development Partners 3 3 Team Leader Qualifications: 25 25 Advanced University degree qualification in relevant 5 5 field (e.g. geo-information sciences or environmental / natural resources sciences) Experience in environmental / natural resources 5 5 planning, policies and regulations Experience in developing, conducting or training of SEAs 10 10 and /or similar environmental assessment assignments; at least one of these assignments as a team leader Report writing in English, especially on SEAs 5 5 Mining Sector expert qualifications 20 20 Advanced University degree or post-graduate qualification in relevant fields (e.g. mining studies, mining engineering, mining economics) Working experience in applying environmental and/or social assessment in the mining sector Over the last five years, at least two project experiences in the mining sector in developing countries, preferably in Africa 5 5 8 8 5 5 ToR: Strategic Environmental Assessment for the Mining and Minerals Policy - Page 8 of 9
Socio-Economic Expert Qualifications 20 20 Advanced University degree in relevant field (sociology, 5 5 economics, or similar). Expertise in socio-economic field studies and analysis, 8 8 especially on poverty and gender related issues. Experience with such studies in Mining sector an advantage. Experience with conducting SEAs and or Social Impact Analysis, using participatory approaches 5 5 Overall and substantive Methodology 25% 25 TOTAL 100% 100 14. Mode of Submission and Deadline The deadline for submission is 31/10/2016 sending both Technical and Financial proposals in separate envelopes to UNDP office, or through e-mail to offers.rw@undp.org ToR: Strategic Environmental Assessment for the Mining and Minerals Policy - Page 9 of 9