Environmental Legal Specialist

Background

UNDP Malaysia Country Office provides policy and technical advisory services, and programme management support to the Government of Malaysia in accordance to the approved Country Programme Action Plan (CPAP) 2016 – 2020. The CPAP is aligned to the development priorities of the 11th Malaysia Plan with sustainable human development agenda at the forefront, underpinned by two outcomes/priorities: (a) inclusive development and growth; and (b) sustainable and resilient development.

UNDP Malaysia Country Office also advocates for 2030 Agenda for Sustainable Development and represents UNDP at multi-stakeholder fora including public-private dialogues, government and civil society dialogue initiatives, South-South and Triangular cooperation initiatives and engages in UN inter-agency coordination in specific thematic areas in Malaysia.

An expansion of portfolio of active and pipeline initiatives/projects in the thematic areas of biodiversity and ecosystems, natural resources management, climate change and energy are being implemented or designed under Outcome 2 Sustainable and Resilient Development. These initiatives/projects contribute to the priority areas, which focus at the national and sub-national level to enhance national resilience to climate variability and change; to recognize and integrate the value of biodiversity and ecosystems, and the principle of sustainability into development and budgetary planning, policy and decision-making processes. These outputs also feed directly into the implementation of 11th Malaysia Plan Strategic Thrust 4 Pursuing Green Growth for Sustainability and Resilience, National Sustainable Development Goal (SDG) Road Map and various environmental policies such as National Policy on Climate Change 2010, National Policy on Biological Diversity 2016 – 2025.

More information about UNDP Malaysia work and projects in environment and energy can be referred to http://www.my.undp.org/content/malaysia/en/home/ourwork/environmentandenergy/overview.html.

This solicitation is for a Long-Term Agreement (hereafter referred to as “LTA”) for three years. “LTA” refers to a mutual arrangement whereby the selected individual consultant will provide services as required, over a specific period of time based on a separate specific TORs for the specific assignment.  A LTA specifies the unit price, scope of work, allowing for a framework agreement to be used when the services are needed.

LTAs are framework agreements that do not imply a financial commitment from UNDP. Financial commitments will be established on an ad-hoc basis every time services are requested within the scope of the LTA and a specific contract will be issued for each specific assignment.

Duties and Responsibilities

The Environmental Legal Specialist will work as a member of UNDP Malaysia Country Office’s Programme and Policy Advisory Team. He/she will report to UNDP Programme Manager who is responsible for biodiversity and sustainable development.

The Environmental Legal Expert will provide legal advisory, review and drafting services in the following areas:

1. Advocacy for Sustainable Development Goals (SDG) with focus on Environmental Sustainability

• Provide legal opinion and/or written inputs to the preparation of policy brief and knowledge products such as UNDP Human Development Report, reports, editorial opinion, feature article, etc. related to multilateral environmental agreements (MEA), environmental governance, environmental legislation, biodiversity and natural resource management, climate change, etc. with UNDP Malaysia Programme Team.
• Prepare policy brief, policy/legal advisory/strategic notes or paper for UNDP Malaysia Programme Team to advocate for SDGs that focuses on environmental sustainability and synergies with other SDGs; and specific environmental agenda.

2. Delivery of Project-based Deliverables

• Represent UNDP in the legal review and/or drafting process supported by UNDP-supported projects;
• Provide legal inputs and/or prepare policy/strategic paper as per UNDP-supported project context;
• Review, analyse and provide legal opinion on existing environmental and natural resource related law and regulations in comparative with the provisions in the multilateral environmental agreements and other countries’ best practices;
• Recommend amendments and revise existing environmental law and/or regulations as per UNDP-supported project context;
• Prepare and draft new environmental law and/or regulations as per UNDP-supported project context;
• Prepare materials to facilitate stakeholders’ consultation/workshop as per UNDP-supported project context;
• Develop and prepare capacity building/training modules or materials related to the enforcement of the new or amended environmental law and/or regulations as per UNDP-supported project context.

3. Design/Formulation of New Programme/Project

• Conduct technical analysis in consultation with UNDP Malaysia Programme Team to flesh out programme/project components, outcomes and outputs that are related to environmental governance, environmental policy and legislative framework, institutional framework, etc. by ensuring the project proposal/document is evidence-based and has all necessary references to proof of concept that the proposed intervention/solution demonstrates its feasibility, across all project components.
• Prepare the project log-frame with well-defined indicators, targets, inputs and outputs; make sure that indicators in log-frame are fully respond to the donor, private sector and/or vertical funds such as Global Environment Facility, Global Climate Fund, etc.

4. Evaluation of Programme/Project

• Conduct independent evaluation/review, midterm review and/or terminal evaluation for programme/project outcomes and outputs as per specific terms of reference.
• Prepare evaluation report incorporating lessons learned, best practices and recommendations as per specific terms of reference.

Handling of Data, Information and Documents:

All data, information and documents obtained under this assignment is the property of the United Nations Development Programme and be treated as strictly confidential.

No such information shall be used by the Expert for any other purpose other than the delivery of deliverables within the scope of work.

All soft and hard copies of the data, information and documents must be returned to the UNDP upon completion of each assignment.   

Duration:

The assignment will require 150 days per year with a possibility of extension up to three years until 31 December 2020, subject to performance review.

Travel:

• Domestic travel will be required and on own arrangement to Kuala Lumpur, Putrajaya and 13 States in Malaysia during the assignment;
• The Basic Security in the Field II and Advanced Security in the Field courses must be successfully completed prior to commencement of travel;
• Individual Consultants are responsible for ensuring they have vaccinations/inoculations when travelling to certain countries, as designated by the UN Medical Director.
• Consultants are required to comply with the UN security directives set forth under https://dss.un.org/dssweb/.

Deliverables and terms of payment:

This is LTA based on specific assignment and deliverables. Under the LTA, a Terms of Reference (TOR) which indicate a set of clear deliverables, budget and timelines will be prepared, agreed and approved by UNDP prior to each assignment and/or mission. The payment will be made based on satisfactory completion of assignment and submission of deliverables under the specific assignment, and within the terms of approved terms of reference.

Competencies

Corporate Competencies:

• Demonstrates high moral integrity by modelling the UN’s values and ethical standards;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
• Treats all people fairly without favouritism;
• Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment.

Functional competencies:

• Excellent organizational skills.
• Strong analytical, writing and communication skills.
• Excellent financial and budgetary skills.
• Ability to prepare publications, reports and presentations.
• Ability to manage and work with a multidisciplinary and multicultural team.
• Strong motivation and ability to work and deliver under short deadlines.
• Focuses on impact and result for the client and responds positively to critical feedback.
• Able to work independently with little or no supervision.
• Familiarity with UNDP and government strongly desired.

Skills and Experience required:

This assignment is open to Malaysian nationals only. 

Required Skills and Experience

• Masters or higher degree in environmental law.
• First degree in law (LLB) or related disciplines with minimum 15 years of experience may be accepted in lieu of the advanced degree.
• A registered member of the Malaysian Bar.  

Experience:

• Minimum of 10 years of experience in professional legal consultation and legal representation related to environmental matters, including public finance legislation at the national and sub-national level in Malaysia.
• Minimum of 10 years of experience in environmental policy and institutional review and/or formulation.
• Minimum of 5 years of experience in drafting of environmental law and regulations in Malaysia.
• Minimum of 10 years of experience in working with government and international organizations.
• Working knowledge and understanding of climate change, biodiversity and/or energy based projects will be considered as an asset.

Language Requirement:

Excellent command of English and Malay. 

Documents to be included when submitting proposals:

Interested individual applicants must submit the following documents/information to demonstrate their qualifications:

1. Completed Letter of Confirmation of Interest and Availability (Annex 1) provided by UNDP;
2. Technical Proposal on how your qualifications, experience and list of track records can lead to successful deliverables of this LTA within the required timeframe, and provide a methodology and approach on how you will approach and conduct the assignments;
3. Financial Proposal should specify unit price (daily professional fee in USD), travel and relevant costs using the financial proposal template in Annex II;
4. Personal CV including areas of expertise and past experience in similar projects and at least three (3) references in the format of UN Personal History Form (P11 form). The UN Personal History Form (P11) is available below. 

How to Apply:

• Kindly download the Letter of Confirmation of interest and availability, Financial Proposal Template, P11 form and General Terms & Conditions mentioned below;
• Read and agree to the General Terms & Conditions;
• Click the ‘apply’icon and complete what is required;
• Scan all documents into 1 pdf folder and then upload;
• For clarification question, please email to procurement.my@undp.org. The clarification question deadline is three (3) days before the closing. When emailing for clarification questions, please put "MyIC/2017/047" as the subject matter.

Forms and General terms & conditions to be downloaded:

• The UN Personal History Form (P11) is available at:http://www.my.undp.org/content/dam/malaysia/docs/Procurement/P11%20for%20SC%20&%20IC.doc?download
• The Letter of Confirmation of Interest and Financial Proposal Template at: http://www.my.undp.org/content/dam/malaysia/docs/Procurement/MyIC_2017_047%20Annex%20I%20&%20II.docx?download
• The General Terms & Conditions for Individual contract is available at:http://www.my.undp.org/content/dam/malaysia/docs/Procurement/General%20Conditions%20of%20Contract%20for%20IC.pdf?download
• The General Terms & Conditions for Reimbursement Loan Agreement is available at:http://www.my.undp.org/content/dam/malaysia/docs/Procurement/Reimbursable%20Loan%20Agreement%20_%20Terms%20&%20Conditions.pdf?download 

Criteria for selection of the best offer:

The award of the contract will be made to the Individual Consultant who has obtained the highest Combined Score and has accepted UNDP’s General Terms and Conditions.  Only those applications which are responsive and compliant will be evaluated. The offers will be evaluated using the “Combined Scoring method” where:

1. The technical proposal including educational background and experience on similar assignments will be weighted a max. of 70%;
2. The financial proposal will weigh as 30% of the total scoring.