Result of Service
The key deliverables of the consultancy include; I. Inception Report, including methodology, work plan, stakeholder mapping II. Legal and Institutional Review Report III. First Draft ABS Regulations, including schedules and forms IV. Draft Operational Guidelines, including permit systems, PIC/MAT procedures V. Stakeholder Consultation Report VI. Revised Draft Regulations, including integrating stakeholders’ input.
Work Location
Remote
Expected duration
3 months
Duties and Responsibilities
The United Nations Environment Programme (UNEP) is the leading global environmental authority that sets the global environmental agenda, promotes the coherent implementation of the environmental dimension of sustainable development within the United Nations system and serves as an authoritative advocate for the global environment. Its mandate is to coordinate the development of environmental policy consensus by keeping the global environment under review and bringing emerging issues to the attention of governments and the international community for action. UNEP’s Ecosystems Division engages with governments and other partners to develop and promote ecosystem-based solutions for sustainable development. This assignment is in the Nature Frameworks Support Unit of the Biodiversity and Land Branch, Ecosystems Division. UNEP is also one of the key agencies hosting the NBSAP Accelerator Partnership. The NBSAP Accelerator Partnership is a country-led global initiative that supports the development and implementation of ambitious National Biodiversity Strategies and Action Plans (NBSAPs) and collectively achieve the goals and targets of the Global Biodiversity Framework (GBF) and, ultimately, the global vision of living in harmony with nature by 2050. The NBSAP Accelerator Partnership provides technical and financial support for the implementation of GBF-aligned NBSAPs. This includes strengthening country-driven coordination, fostering collaboration among stakeholders, facilitating knowledge sharing and best practices, and addressing country-specific needs. It also helps raise national profile of countries' NBSAPs, and fast-track implementation through a matchmaking service, increased access to expertise, knowledge and capacity development, and in-country facilitation support. A National Biodiversity Strategy and Action Plan (NBSAP) is a country’s principal document for implementing the United Nations Convention on Biological Diversity (CBD). It outlines a nation’s approach to conserving its biodiversity, ensuring its sustainable use, and fairly sharing the benefits derived from genetic resources. Sierra Leone is a party to the Convention on Biological Diversity (CBD). Sierra Leone signed and ratified the convention in 1994 and 1996, respectively. The Country also acceded to the Cartagena Protocol on Biosafety in 2020 and the Nagoya Protocol on Access and Benefit Sharing in 2017. The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of benefits Arising from Utilization is an Agreement under the Convention on Biological Diversity (CBD)that was adopted at the tenth meeting of the Conference of the Parties (COP) to the Convention. The Protocol seeks to advance the third objective of the Convention through the establishment of greater legal certainty and transparency for both providers and users of genetic resources. Specific obligations to support compliance with domestic legislation or regulatory requirements of the Party providing genetic resources and contractual obligations reflected in mutually agreed terms are a significant component of the Nagoya Protocol. To enhance Sierra Leone's capacity to be able to effectively implement the Protocol, the country needs to tame measures including putting in place legal and institutional frameworks as well as systems for monitoring and enforcement of compliance. The NBSAP Accelerator Partnership’s Facilitator Programme is looking for a consultant to assist the Government of Sierra Leone through its Environment Protection Agency (EPA) to draft, and facilitated validation and finalisation of access and benefit sharing regulation for Sierra Leone. To fulfil these requirements, and pursuant to the Environment Protection Agency Act of 2022, the Government of Sierra Leone is proposing to develop a comprehensive Access to Genetic Resources and Benefit-Sharing Regulations in 2026. The purpose of this regulatory framework is to provide a comprehensive legislative framework for the domestication of the Nagoya Protocol,and enhance Serra Leone’s compliance to the Protocol. The consultant will report to the Programme Management Officer, Nature Frameworks Support Unit in close collaboration with the national facilitator for Sierra Leone and relevant government partners. The Regulations aim to provide a legal framework for: (a) Regulating access to genetic resources (b) Ensuring prior informed consent (PIC) (c) Establish mutually agreed terms (d) Protecting traditional knowledge; and (e) Ensuring equitable benefit-sharing Specific Tasks I. Review existing national legal and institutional frameworks relevant to ABS; ( Environmental laws; Forestry, fisheries, and wildlife laws; Intellectual property laws; Customary law relating to community rights; Identify legal gaps and inconsistencies affecting ABS implementation and institutional analysis- access mandates of key institutions, including; Environment Protection Agency, Relevant ministries and local councils and traditional authorities. Propose institutional arrangement for ABS implementation, including proposals for Competent National Authority). II. Align the draft Regulations with the Nagoya Protocol; (Prepare a comprehensive draft of the ABS Regulations covering; access procedures and permitting system; procedures for obtaining prior informed consent mechanisms andmutually agreed terms,; mechanisms for compliance, monitoring, and enforcement; protection of traditional knowledge; dispute resolution mechanism. Ensure alignment with Sierra Leone legislative drafting standards). III. Integrate ABS provisions into the framework of the Environment Protection Agency Act; Development of operational tools, (Design and develop; Permit procedures and workflows; Application forms (PIC, MAT, permits, reporting); Model contract agreements; Compliance and monitoring tools). IV. Develop detailed procedures, forms, and implementation guidelines; Review ABS Compliance Frameworks from comparable jurisdictions in Africa and identify best practice for adaptation to Sierra Leone’s context. V. Provide technical inputs and present draft findings during stakeholder consultations and national validation workshops (Collaborate with the executing agency to engage key stakeholders, including government institutions, research bodies, the private sector, civil society, and local communities, by presenting technical analyses and incorporating participant feedback). VI. Ensure protection of traditional knowledge and community rights; and finalization of regulation; incorporate stakeholders’ feedback and produce final draft Regulations ready for legal review, adoption, and enactment
Qualifications/special skills
Advance Degree in environmental law, development law, International Development, natural resource management and other related disciplines. A first-level university degree in combination with additional two (2) years of qualifying experience may be accepted in lieu of the advanced university degree. A minimum of 5 years in experience in legal drafting or environmental governance is required Demonstrate experience with ABS framework and the Nagoya Protocolis required Strong knowledge of biodiversity conservation, intellectual property rights, and community rights and customary law is desirable Demonstrated experience working on legal issues for sustainable development, biodiversity, or environmental issues is required Strong understanding of the Convention on Biological Diversity (CBD) and the Kunming Montreal Global Biodiversity Framework (KMGBF).is desirable Previous experience working with UNEP, UNDP or Similar international organization is desirable
Languages
English and French are the working languages of the United Nations Secretariat. Fluency in written and spoken English is required. Knowledge of Sierra Leone local languages is an added advantage.
Additional Information
Not available.
No Fee
THE UNITED NATIONS DOES NOT CHARGE A FEE AT ANY STAGE OF THE RECRUITMENT PROCESS (APPLICATION, INTERVIEW MEETING, PROCESSING, OR TRAINING). THE UNITED NATIONS DOES NOT CONCERN ITSELF WITH INFORMATION ON APPLICANTS’ BANK ACCOUNTS.
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