International Consultant for the drafting of Nationally Appropriate Legal Instruments on Access to Genetic Resources and Benefit-Sharing (ABS) in the CIS (Commonwealth of Independent States) Region

Background

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 traditional knowledge (TK) associated with genetic resources 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, among others. 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 capacities 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; 
• Component 3: Strengthening the capacity of indigenous and local communities to contribute to the implementation of the Nagoya Protocol; and
• Component 4: Implementing a Community of Practice and South-South Cooperation Framework on ABS. 

In accordance with the core obligations of the Nagoya Protocol, the implementation of the key elements of a functional ABS system in Kazakhstan and Tajikistan should unleash a wide range of monetary and non-monetary benefits for providers and users of genetic resources. Most of these benefits should be reinvested in the conservation and sustainable use of biological diversity in the above countries. This will contribute to fulfilling the three objectives of the CBD.In accordance with the Annual Work Plans for the year 2017 for Kazakhstan and Tajikistan, the two countries will proceed with the recruitment of an international consultant to strengthen their national ABS legal frameworks. The international consultant will work closely with national consultants and key national stakeholders to identify, draft and support the validation of appropriate national legal instruments on ABS in each of the 2 targeted countries under this consultancy. These national instruments should be clear, legally certain, efficient, adapted to national and local circumstances and coherent with other national and global ABS instruments such as the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA).Context:KazakhstanThe Republic of Kazakhstan is party to the Nagoya Protocol of the CBD since September 15, 2015. This adoption allows international legal protection, regulation of access to national genetic resources, and the equal benefit-sharing from their use, access to TK associated with genetic resources, and benefits arising from the use of such knowledge, thereby encouraging advancement of research in the field of genetic resources. The Committee on Forestry and Wildlife under the Ministry of Agriculture of the Republic of Kazakhstan is the National Focal Point of the CBD in Kazakhstan and also the National Coordinator, whose duties are assigned to the Deputy Chairman of the Committee on Forestry and Wildlife. Under the authority of the Committee, Kazakhstan developed and implemented a National Strategy and Action Plan for the Conservation and Sustainable Use of Biological Diversity in the Republic of Kazakhstan (1999), prepared and provided by the Convention Secretariat to the 1st, 2nd, 3rd, and 4th National Reports on its implementation. The Strategy of “Kazakhstan-2050,” the national policy for development; the Concept of Innovation for the Development of Kazakhstan until 2020; and the Concept of Kazakhstan's Transition to “Green Economy”—both issued as Presidential Decrees—are defining the future strategy for conservation and development in the country. Currently, the Committee on Forestry and Wildlife under the Ministry of Agriculture of the Republic of Kazakhstan, on behalf of the Government of Kazakhstan, is preparing the “Concept for the conservation and sustainable use of biological diversity of Kazakhstan till 2030,” in which one of the tasks put the country's accession to the Nagoya Protocol and the establishment of a national mechanism of intercession to this Protocol.TajikistanThe Republic of Tajikistan acceded to the Nagoya Protocol of the CBD in 2012 by the Decree No. 1312 as of September 17, 2012. It is expected that the implementation of the Nagoya Protocol in the country will further improve the food security and stipulate the sustainable development, conserving the biodiversity and valuable species of genetic resources. A key place in the hierarchy of legal acts in the sphere of regulation of natural management and environmental conservation belongs to the Law of the Republic of Tajikistan “On Environmental Conservation” adopted in 2011; this law is updated annually to strengthen control with regard to the preservation and use of biodiversity. The national actions are guided by the National Strategy and Action Plan on Preservation and Rational Use of Biodiversity of the Republic of Tajikistan, and implementation of the Law of the Republic of Tajikistan “On Special Protected Natural Areas.” The institutional base of biodiversity conservation consists of institutions and organizations working on studying and conserving biodiversity and its components: The Committee on Environment Protection, National Biodiversity, and Biosafety Center (NBBC); the Forestry Productive Enterprise of the Republic of Tajikistan (FPERT); and institutes of the Academy of Science specializing in biology, botany, and zoology. The Ministry for Nature Protection (MNP) provides coordination and control of meeting the requirements of the CBD and develops and implements the state policy in nature conservation and natural resources management. The main units of the MNP are specialized inspection bodies of state control and research institutions. The NBBC is in charge of coordinating activities on biodiversity conservation and implementation of the CBD through the NBSAP. The Tajik Academy of Agricultural Sciences and the Ministry of Agriculture work on the conservation and sustainable management of agricultural biodiversity, genetic resource preservation, and breeding of new agricultural plants as well as the improvement of existing varieties. Local executive administrations (such as Khukumats) provide executive tools for implementing the CBD in local communities and organizing the process of environmental education.Objectives of the assignmentThis international consultancy aims to support the identification, the drafting and assist the validation process of national legal instruments on ABS in Kazakhstan and Tajikistan. These national instruments should be clear, legally certain, efficient, adapted to national and local circumstances and coherent with other national and global ABS instruments such as the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA).The national legal instruments to be developed should be compliant with the Nagoya protocol and the CBD. In line with national and local circumstances, the instruments shall include both a legislative and a regulatory component for each of the two3 countries under this consultancy, including ABS sector-specific regulations, as appropriate.The legislative component relates to the drafting or the amendment of one or several laws related to or inclusive of ABS. The regulatory component refers to ABS regulations and other practical mechanisms, including sector specific regulations.The international consultant shall provide clear orientations and high quality advisory services, including the formulation of legally sound and domestically appropriate regulatory options, to guide the work of the national consultants in each of the 2 targeted countries throughout the process of designing, drafting and assisting the validation of nationally appropriate ABS instruments in compliance with the Nagoya Protocol and the CBD as well as provide international best practices on mainstreaming of principles of Nagoya Protocol into national legislative documents.The proposed draft ABS instruments should be based on the findings and recommendations of the national assessments, gap analyses and consultations with key national and local stakeholders as indicated in the Project Document of the Global ABS Project.Location: Home-based with app. 4 missions within the CIS Region in Tajikistan and Kazakhstan (with a possible mission in Belarus to attend a special regional workshop on harmonization of ABS legal and administrative framework for Belarus, Kazakhstan and Tajikistan - TBC)

Duties and Responsibilities

The Consultant shall work in close coordination with the project country teams in Kazakhstan and Tajikistan. Country teams include, in line with national circumstances, the National Project Directors and Coordinators, 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.The consultant will adhere to National procedures for development and adoption of National guidelines, regulations, policies and legislative mechanisms.The consultant will be responsible for the provision of the following services: 

• Phase I: The Consultant shall provide the necessary guidance, methodology and technical inputs to the national consultants to assess the existing national legal frameworks and deliver national gaps’ analyses for the implementation of the Nagoya Protocol.
• Phase II: The international consultant shall undertake and present to the country teams, in complementarity with the conclusions of the gaps’ analysis and the recommendations of the national consultations, a detailed benchmark of existing national instruments from other relevant countries to inform the development of national legal instruments to be adopted in each of the 2 targeted countries.
• Phase III: It is expected from the international consultant to directly support the design of the national instruments and the drafting or amendment of legislative and regulatory components, depending on national and local circumstances, while ensuring compliance with the provisions of the Nagoya protocol and the CBD. The proposed instruments should provide a clear description of the operational mechanisms for monitoring the use of GR/TK and dispute management, including the provision of sanctions, as appropriate. It should also provide standard clauses for Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT) and elaborate guidelines on how to apply relevant regulations clarifying both access procedures for applicants and user procedures considering the applicable compliance measures. It is expected from the international consultant to directly support to the preparation and design of the national legal rules and principles of the national ABS system including the national ABS Clearing House’s functional operations and its links with control checkpoints in the targeted countries. The consultant shall also provide technical and professional expertise during the national consultations, as appropriate. Gender analyses are considered, as appropriate, in the elaboration of ABS legal frameworks in the target countries.
• Phase IV: the international consultant will provide technical inputs, including to address comments and any compliance issues throughout the validation process of the suggested national instruments.

The International Consultant shall consider the following indicative milestones:

• Deliverable 1 - A concise methodology with clear guidance and technical inputs are provided to the national consultants to undertake the national assessments and gap analyses to identify ABS related gaps and shortcomings in the existing national legal frameworks for the implementation of the Nagoya Protocol.
• Deliverable 2 - An international benchmark of ABS laws and regulations from relevant countries. The comparative countries will be selected based on a set of specific criteria to be determined jointly with the national country teams and experts from each of the 2 targeted countries.
• Deliverable 3 - National instruments in the 2 targeted countries are adapted to national and local circumstances, fully compliant with the Nagoya Protocol and the CBD and in line with the Bonn Guidelines. The legislative and regulatory components of these instruments should provide legal space and include specific clauses to address the issue of coherence and complementarity with other ABS related instruments including, in particular, the FAO International Treaty on Plant Genetic Resources for Food and Agriculture. Gender-related aspects are fully taken into account and are integrated into the ABS framework, as appropriate.
• Deliverable 4 - Guidance and technical support shall be provided to improve the capacities of CNAs and related agencies on processing access applications, developing model contractual clauses under mutually agreed terms, including the negotiation and tracking of ABS agreements and biodiscovery projects to ensure compliance.
• Deliverable 5 - Technical inputs are provided to undertake the necessary revisions to address compliance with the obligations of the Nagoya Protocol and other legal issues throughout the validation process of national instruments in the 2 targeted countries.

Duration: 

The consultant is expected to work 45 days over a one-year-and-a-half period, inclusive of 15 working days per country.Deliverables:

• Deliverable 1 by 30 September 2017 - Methodology for the legal assessments and gap analyses (payment 10% of total amount);
• Deliverable 2 by 31 November 2017 - International benchmark and examples of relevant ABS instruments including legal mainstreaming tools (payment 10% of total amount);
• Deliverable 3 by 15 April 2018 – National ABS instruments identified, drafted and submitted for validation at the national level in the 2 targeted countries (payment 40% of total amount);
• Deliverable 4 by 15 September 2018 – Guidance, support and preparation of technical documents delivered to CNAs and related agencies (payment 20% of total amount);
• Deliverable 5 by 31 December 2018 – Technical inputs provided to address comments and ensure compliance with the Nagoya Protocol and complementary instruments (payment 20% of total amount).

Travel arrangements: 

• Country teams will indicate the number of missions to be conducted for each country and the duration for each mission as per their national needs. Air tickets shall then be directly covered by the respective country offices. An indicative planning shall be developed at the induction session following the hiring of the international consultant;
• All related travel expenses will be covered by the project and arranged as per UNDP rules and regulations for consultants. Costs of travel should not be included in the financial proposal.
• Consultants are responsible for obtaining any visas and security clearances needed in connection with their travels with the necessary support from UNDP; 
• Individual Consultants are responsible for ensuring that they have the required vaccinations/inoculations when travelling to certain countries.

Competencies

Corporate competencies:

• Demonstrates integrity by respecting and applying the UN’s values and ethical standards;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Treats all people fairly without favoritism;
• Promotes the vision, mission and strategic goals of UNDP.

Technical competencies: 

• 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), including by designing and implementing ABS legal frameworks at the national level and traditional knowledge-related policies and/and bioprospecting projects;
• Knowledge of environmental issues, sustainable development law and policy concepts and principles and the ability to apply to strategic or practical situations;
• Knowledge of NRM concepts, principles and policies and ability to apply to strategic 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 humored even under pressure;
• Excellent reporting skills.

Required Skills and Experience

Academic Qualifications/Education: 

• Minimum Master’s degree in environmental law or policy, or any other closely related fields;

Experience:

• 5 years of experience in drafting multi-lateral environmental agreements or legal documents in environmental or other related areas such as biodiversity legislation, contract law or industrial property law;
• Experience in at least one of the two targeted countries or in the CIS region in designing and drafting national ABS laws and regulations or working on ABS issues with a government agency, research, academic or private sector institution is an asset;
• Experience with the implementation of the Nagoya Protocol and ABS regimes in the CIS region; specific experience in Kazakhstan and Tajikistan would be an asset;
• Experience in facilitating or leading national discussions and law reforms at the national level with the involvement of key stakeholders, experts and national institutions in relation to biodiversity governance, intellectual property or innovation policies in the field of the life sciences is an asset;
• Experience in planning, management and coordination of multi-national or regional projects on ABS or related fields is an asset;
• 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 Russian; knowledge of Tajik and Kazakh languages will be an advantage.

Evaluation of Applicants

Individual consultants will be evaluated based on a cumulative analysis taking into consideration the combination of the applicants’ qualifications and financial proposal.

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 (P11 desk reviews and interviews) and financial criteria specific to the solicitation. Only those candidates who obtain at least 70% of points in desk review will be invited for interviews and only those canidates who will obtain 70% in technical evaluation will be considered for financial proposal evaluation.  Technical Criteria - 70% of total evaluation – max. 70 points:

• Criteria A - (relevant education background) – max points: 5;
• Criteria B – (5 years of relevant experience in environmental law or policy, biodiversity, or natural resources management) - max points: 10;
• Criteria C – (Experience in one or more countries in the region in designing and drafting national ABS laws and regulations) – max. points: 15;
• Criteria D – (Experience in planning, management, and coordination of multi-national, bi-national or regional projects) - max points: 10;
• Criteria E – (Experience in facilitating or leading national discussions and law reforms at the national level with the involvement of key stakeholders, experts and national institutions in relation to biodiversity governance, intellectual property or innovation policies in the field of the life sciences) – max points: 5;
• Criteria F – (Working experience in an international organization or knowledge of UN policies, procedures and practices) – max. points: 5;
• Criteria G - Methodological Note (Good understanding of the main challenges to implement the Nagoya Protocol in the targeted countries, writing and editing skills in English and Russian) – max. points 10;
• Criteria H – Interviews (Experience and knowledge in the region, in multi-lateral agreements, in national ABS laws, oral communication skills in English and Russian, knowledge of Tajik and Kazakh languages will be an advantage) – max. points 10.

Financial Criteria - 30% of total evaluation – max. 30 points.Application procedures:

Qualified candidates are requested to apply online via this website. The application should contain:

• Cover letter explaining why you are the most suitable candidate for the advertised position. Please paste the letter into the "Resume and Motivation" section of the electronic application. 
• Filled P11 form including past experience in similar projects and contact details of referees (blank form can be downloaded from http://www.eurasia.undp.org/content/dam/rbec/docs/P11_modified_for_SCs_and_ICs.doc); please upload the P11 instead of your CV. 
• Financial Proposal* - specifying a total lump sum amount in USD for the tasks specified in this announcement. The financial proposal shall include a breakdown of this lump sum amount (number of anticipated working days and any other possible costs).

Incomplete applications will not be considered. Please make sure you have provided all requested materials.*Please note that the financial proposal is all-inclusive and shall take into account various expenses incurred by the consultant/contractor during the contract period (e.g. fee, health insurance, vaccination, personal security needs and any other relevant expenses related to the performance of services...).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: http://on.undp.org/t7fJs. Qualified women and members of minorities are encouraged to apply. Due to large number of applications we receive, we are able to inform only the successful candidates about the outcome or status of the selection process.