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International Consultant – International legal expert on ABS

Bratislava

  • Organization: UNDP - United Nations Development Programme
  • Location: Bratislava
  • Grade: Consultancy - International Consultant - Internationally recruited Contractors Agreement
  • Occupational Groups:
    • Legal - Broad
  • Closing Date: Closed

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 Albania 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 country. This would also contribute to fulfilling the three objectives of the CBD.

In accordance with its Annual Work Plans for the year 2017, Albania will recruit 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 Albania. These national instruments should be clear, legally certain, efficient, adapted to national and local circumstances and coherent with other national, regional and global ABS instruments, such as the FAO International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA).

Context:

Albania is a Party to the Nagoya Protocol since its entry into force (accession) on October 12, 2014. The Biodiversity Protection Act of 2006 has some provisions related to access to genetic resources in Albania, but those provisions should be further developed in a bylaw to be fully effective. Albania has not yet established the necessary measures in accordance with the Nagoya Protocol related to the monitoring of genetic resources and related user-compliance measures. Albania has approved its reviewed NBSAP 2012-2020. The updated NBSAP reflects the relevance of ABS for the country with explicit references to the Nagoya Protocol under Target 8 (“Foster and Contribute to an Equitable Access and Sharing of Benefits (ABS) arising from the Use of Genetic Resources).

In that regard, public awareness and the development of the national legislation on ABS in line with the Nagoya Protocol are referred to as priorities for the country, as well as the establishment of an information system to promote access to Albanian genetic resources.

The NBSAP also refers to the preservation and sharing of TK (Traditional Knowledge) and the integration of those elements into the development or scientific cooperation projects that target local communities as primary stakeholders.

The country has also developed several national reports related to genetic resources used for food and agriculture. The main national document in that regard is the “Conservation and Sustainable Use of Agricultural Genetic Resources in Albania.” The “Inter-sectoral strategy for agriculture and rural development in Albania,” adopted by the Ministry of Agriculture, Rural Development, and Water Management in May 2014, also refers to the relevance of “the promotion of conservation and use of plant and genetic resources for food and agriculture” not only in agro-environmental terms but also in terms of economic opportunity for promoting “traditional products.”

Support for long-term on-farm conservation of diversity of genetic resources of wild (medicinal and aromatic plants) and cultivated plants, the promotion of on-farm local livestock breed production, and the management and improvement of genetic resources for food and agriculture should be considered. The Ministry of Tourism and Environment is the designated institution where the Nagoya Protocol on ABS focal point is hosted.

Duties and Responsibilities

These Terms of Reference define the responsibilities, tasks and qualifications required for an international environmental legal expert to provide ongoing technical guidance and inputs to the project team, including national and local consultants, on the required legislative revisions to implement the Nagoya Protocol and establish a functional ABS system in Albania.

Task 1: Prepare a gap analysis on legal and institutional gaps related to ABS regulation

  1. Prepare a report that analyses the current Albanian legislative and institutional framework related to access and benefit sharing from the use of genetic resources and associated traditional knowledge.
  2. Based on the above gap analysis report, prepare recommendations on the next steps to be taken at national level to fill the identified gaps, specifically in the Environment and Agricultural sectors, while duly taking into account relevant EU legal instruments, such as Regulation (EU) No 511/2014 of the European Parliament and of the Council of 16 April 2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization, as appropriate.

Task 2: Develop domestic ABS legislation to implement the Nagoya Protocol

  1. In collaboration with the national natural science expert, develop:
  • Following the assessment, propose legal instruments for the implementation of the Nagoya Protocol in the country. By providing a comparative study on best practices of EU and other Region countries.
  • In consultation with the national counterparts, develop the appropriate legal framework.
  • Based on Article 42 of the Law nr.9587, dated 20.07.2006 (amended by Law, nr.37/2013, Dated 14.02.2013) On Biodiversity Conservation, draft a legal document defining the necessary conditions for environmental permitting on the collection and use of biological materials and environmental samples from in-situ sources.
  • Based on Article 44, draft the standard agreement for the transfer of material for use from all ex-situ sources to ownership or public funding.

2. For each above mentioned legal documents, prepare a technical report. Such technical report should include, as appropriate:

  • A clear description of the operational mechanisms for monitoring the use of GR/TK, including the provision of sanctions, as appropriate.
  • Due consideration to model or 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.
  • Provide a clear and succinct rationale for each proposed provisions, which shall support 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.
  • Gender analyses shall be considered, as appropriate, in the elaboration of the ABS legal framework in Albania.

Task 3: Facilitate public consultations on ABS

In collaboration with the technical staff in the Ministry of Tourism and Environment, the international consultant:

  1. Will support the national counterparts in the public consultations for the above legal framework during one or more missions in Tirana, Albania, as it may be required.
  2. Document the process through minutes of meetings and reflect the comments in the proposed draft legislation, including through a technical summary report that will include draft recommendations, as needed.

The consultant shall perform any other related tasks, which are instrumental for the implementation of the above activities and deliverables, as it may be required.

Useful links:

EXPECTED DELIVERABLES AND PAYMENT SCHEDULES:

30 % - December 10th 2017 - Prepare a legal and institutional gap analysis

40 % - June 15th 2018 - Develop the first draft on the domestic ABS legislation to implement the Nagoya Protocol

30 %- September 20th 2018- Develop a final draft on the domestic ABS legislation to implement the Nagoya Protocol

Competencies

CORPORATE COMPETENCIES:

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

CORE COMPETENCIES:

  • Communication - Facilitate and encourage open communication and strive for effective communication.
  • Planning & Organizing – Develops clear goals in line with agreed strategies, identifies priorities, foresees risks and makes allowances accordingly.
  • Organizational Awareness - Demonstrate corporate knowledge and sound judgment.
  • Teamwork - Demonstrate ability to work in a multicultural, multi-ethnic environment and to maintain effective working relations with people of different national and cultural backgrounds.
  • Accountability – Takes ownership of all responsibilities and delivers outputs in accordance with agreed time, cost and quality standards.

FUNCTIONAL COMPETENCIES

  • Thorough understanding of disability issues, human rights, social inclusion and social services
  • Excellent inter-personal and teamwork skills, networking attitude;
  • Capacity to deliver as per deadlines;
  • Strong expertise in Environmental Legislation and familiarity with ABS related issues, preferably in the region.
  • Proven expertise with the preparation of environmental legislation in compliance with EU regulations is an advantage;
  • Ability to pick up new terminology and concepts easily;

Required Skills and Experience

Education

  • Advanced University Degree in environmental law or relevant fields;
  • Proven expert knowledge in the drafting environmental legal acts per the EU regulations/provisions.

Work Experience

  • At least 10 years of relevant professional experience in implementing ABS legislation or a closely related field;
  • Proven experience in implementing similar tasks;
  • Good knowledges on policies, rules, regulations undertaken from the EU and the CBD, NP, FAO-ITPGRFA to address the access and benefit sharing.
  • Good knowledge on accessing countries obligations/provisions towards the EU Directives.

Language

  • Excellent knowledge of both written and spoken English

Evaluation of Applicants

  • Only those applications which are responsive and compliant will be evaluated;
  • Individual consultants will be evaluated based on Combined Scoring method taking into consideration the combination of the applicants’ qualifications and financial proposal;
  • Combined weighted scoring: Technical (70%); Financial (30%).

30 % or 30 points: - Advanced University Degree in environmental law or relevant fields with proven expert knowledge in the drafting environmental legal acts per the EU regulations/provisions.

20% or 20 points: - Good knowledges on policies, rules, regulations undertaken from the EU and the CBD, NP, FAO-ITPGRFA to address the access and benefit sharing.

20% or 20 points: - At least 10 years of relevant professional experience.

Application Procedure

The application should contain:

  • Cover letter explaining why you are the most suitable candidate for the advertised position and a brief methodology on how you will approach and conduct the work (if applicable). Please paste the letter into the "Resume and Motivation" section of the electronic application.
  • Completed and signed UN Personal History Form (P11) for Individual Contracts (IC) – Blank form Download here.
  • Letter to UNDP Confirming Interest and Availability - Please download form at this link -  http://www.un.org.al/doc/PSU_%20Individual%20Contract_Letter%20to%20UNDP.docx
  • Financial Proposal - specifying a total lump sum amount (working days, travel, per diems, and any other possible costs) for the tasks specified in this announcement. 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 and any other relevant expenses related to the performance of service, etc.). All envisaged international travel costs should be included in the financial proposal. This includes all travel to join duty station/repatriation travel. 
  • Copy of Diplomas and copy of Passport

* Kindly note that Letter to UNDP Confirming Interest and Availability and Financial Proposal are two separate documents and should both be part of your application. Incomplete applications will not be considered.

How to Submit the Application:

To submit your application online, please follow the steps below:

  • Download and complete the UN Personal History Form (P11) for Service Contracts (SCs) and Individual Contracts (ICs);
  • Merge your UN Personal History Form (P11) for Service Contracts (SCs) and Individual Contracts (ICs), Financial Proposal Letter to UNDP Confirming Interest and Availability and cover letter into a single file. The system does not allow for more than one attachment to be uploaded;
  • Click on the Job Title (job vacancy announcement);
  • Click “Apply Now” button, fill in necessary information on the first page, and then click “Submit Application;”
  • Upload your application/single file as indicated above with the merged documents (underlined above);
  • You will receive an automatic response to your email confirming receipt of your application by the system.

Due to a large number of applications we receive, we are able to inform only the successful candidates about the outcome or status of the selection process.

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.
This vacancy is now closed.
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