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Local Consultant- Legal expert

home based with travel within bih

  • Organization: UNDP - United Nations Development Programme
  • Location: home based with travel within bih
  • Grade: National Consultant - Locally recruited Contractors Agreement - Consultancy
  • Occupational Groups:
    • Legal - Broad
  • Closing Date: 2021-06-18

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Background

NOTE: Signed Offeror’s Letter to UNDP Confirming Interest and availability - https://www.ba.undp.org/content/dam/bosnia_and_herzegovina/docs/Operations/Jobs/Offerors%20Letter%20to%20UNDP%20Confirming%20Interest%20and%20Availability.docx - Letter to UNDP Confirming Interest and Availability.docx - to be sent to e-mail ba.shared.hr@undp.org with Subject: Job ID 99605.

Climate change is today one of the biggest ecological and socio-economic challenges in Bosnia and Herzegovina. Climate change, and the increased frequency and intensity of extreme climate events, represent significant challenges to the environment and to sustainable development in the country.  The increasing variability of weather conditions has been recorded year-round, with rapid changes that occur over short periods of time (five to ten days) of extremely cold and hot weather, or from the period of extremely high rainfall in dry periods. Since 2000, the country has faced several significant extreme climate and weather episodes that have caused considerable material and financial losses as well as losses of human lives. The two most significant events have been the 2012 drought the 2014 flood. Bosnia and Herzegovina is currently focused on becoming a sustainable and prosperous country with a green economy by 2025, and its development vision is embodied in its Climate Change Adaptation and Low-Emission Development Strategy (LEDS).  The Strategy, which was adopted by the Council of Ministers in cooperation with the entity governments in 2013, outlines actions that support economic growth and the prevention of environmental degradation. The approach outlined in this Strategy encompasses two closely linked components: climate change adaptation and low-emission development.

This project aims to assist Bosnia and Herzegovina in developing its capacity to fulfill its obligations under Article 13 of the Paris Agreement under the United Nations Framework Convention on Climate Change. The project, sponsored by Global Environmental Facility (GEF), strengthens institutions to improve monitoring and reporting praxis, establish a domestic climate change MRV system, and improve information that forms the basis of its GHG inventories and Nationally Determined Contribution (NDC).

At the present time, Bosnia and Herzegovina must meet increasing reporting commitments with limited resources. It must move from an ad hoc system of climate change monitoring, reporting and verification (MRV) to a continuous system of data collection with an emphasis on collecting high-quality data.  At the same time, it must address coordination and data flow issues in order to become more efficient at reporting and to eliminate duplication and undue burdens on data providers. Moving from often disintegrated, not consistently updated and different-methodologies between the two different entities of BiH and among different sectors to an integrated, robust system will require new legislative support for data exchange and an integrated MRV system. The benefits, however, will be substantial: the country will gain information that it needs to pursue its political goals of green economic development and EU accession, and it will be able to speak with one voice on climate change as a party to the UNFCCC and other multilateral environmental agreements.

In order to develop a sustainable system for the estimation of greenhouse gas emissions and their elimination in the long-term, it is recommended to harmonize relevant laws in BiH in accordance with general requirements of the Directive (EU) no. 525/2013 on a mechanism for monitoring and reporting GHG emissions in order to stipulate preparation and enforcement of secondary legislation which shall primarily establish mandatory data flow system between competent authorities with clear responsibilities and timing.

The aim of this consultancy is to analyze (along with environmental, climate change and air protection experts) existing laws from the aspect of regulation of data management system  and to provide inputs for legislative framework to establish functional MRV on climate change mitigation issues (data collection, monitoring, verification, GHG inventory, data exchange and transparency).

Duties and Responsibilities

The consultant should work in close consultation with and under the guidance and supervision of the UNDP project manager. Specifically, his\her responsibilities are but not limited to the following:

  • To harmonize relevant laws (both primary and secondary) in BiH in accordance with general requirements of the Directive (EU) no. 525/2013 on a mechanism for monitoring and reporting GHG emissions in order to stipulate preparation and enforcement of secondary legislation which shall primarily establish mandatory data flow system between competent authorities with clear responsibilities and timing,
  • To establish formal framework for an agreement that defines establishment of a system of GHG Inventory at the level of BiH and specifies the roles of different institutions in these activities. Analysis during the project preparation phase indicated that the key gap in this area exists at the level of secondary legislation,
  • To provide legal and policy expertise to draft sub-legislation related to MRV in the area of climate change.  It will examine European environmental and climate law and precedent and will (in coordination with international experts) incorporate lessons learned from other countries and to prescribe data collection, exchange, and reporting relationships among different institutions and different levels,
  • Ensure consistency with the EU acquis communitaire and ensure consistency with current and potential requirements for establishment of MRV in the context of the EU accession status of the country; so as to meet the needs of future EU, Energy Community, and UNFCCC climate change requirements.

Deliverables/outputs

#

Deliverables / Outputs

# of Days per Task

Due Date

Percentage

1. 

Analysis of legislative framework completed; Entry points identified

5

10 August 2021

16.67%

2. 

Created inputs of legal provisions for defined primary and secondary legislations and suggested incorporation to upgrade existing legislative framework in context of MRV in order to strengthen the ability of the country to meet reporting requirements

15

15 September 2021

50 %

3. 

Prepared final draft of necessary legislation, discussed and agreed with relevant institutions and UNDP.  Proposed next steps

10

5 October 2021

33.33%

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 favouritism;
  • Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment

Functional competencies:

  • Strong interpersonal skills, communication and diplomatic skills, ability to work in a team;
  • Openness to change and ability to receive/integrate feedback;
  • Ability to work under pressure and stressful situations;
  • Strong analytical, reporting and writing abilities;
  • Excellent public speaking and presentation skills;
  • Extensive knowledge of computer applications;
  • Focuses on result for the client and responds positively to feedback;
  • Consistently approaches work with energy and a positive, constructive attitude;
  • Remains calm, in control and good humored even under pressure;
  • Ability to work independently as well as part of a fairly big team;
  • Ability to operate under strict time limits.

Required Skills and Experience

Academic Qualifications/Education:

  • MSc in law (Environmental Sciences, Environmental Law an asset),
  • BSc in law with additional 3 years of relevant experience will be taken in lieu of MSc;

Experience:

  • Minimum 7 years of professional experience in conducting research, providing consultancy services and creating methodology related to legal framework and policies of environment and energy,
  • Knowledge of the environmental issues in BiH with focus on environmental legislation,
  • Proven communication and advocacy experience to work in an environment requiring liaison and collaboration with multiple actors including government representatives and other stakeholders,
  • Knowledge of BiH institutional set up and  experience in working with governments in BiH will be considered as an asset,
  • Previous experience in dealing with relevant decision makers, environmental agencies and industry will be considered as an asset,
  • Knowledge and understanding of the relevant CC EU directives, UNFCCC, Paris agreement  and international MRV requirements will be considered as an asset.

Languages Requirements:

  • Fluency in both English and local B/H/S languages is a must.

Longlisting/Shortlisting Criteria

Qualifications as stated in the ToR

Criteria:

Points

Relevant Education

max 25 points15 points allocated for BA/BSc degree+ 5 points for MSc/MA+ up to 5 points for PhD 

Relevant professional experience

max 70 points 

Knowledge of English

max 5 points - will be assessed as:5 points for fluency and the points decrease as per the level mentioned in the CV:good - 4 points;fair/upper intermediate – 3 points;intermediate - 2 points;beginner - 1 point. 

The candidate must reach a minimum of 70% threshold to qualify for technical evaluation.

Technical Evaluation Criteria

Criteria:

Points

Rating based on Qualifications

30%

Proven communication and advocacy experience to work in an environment requiring liaison and collaboration with multiple actors including government representatives and other stakeholders; Knowledge of BiH institutional set up and  experience in working with governments in BiH

20%

Knowledge of the environmental issues in BiH with focus on environmental legislation; Knowledge and understanding of the relevant CC EU directives, UNFCCC, Paris agreement  and international MRV requirements

30%

Submitted methodology

20%

The candidate must reach a minimum threshold of 70% on technical evaluation to be taken for final consideration.

Evaluation

Individual  will be evaluated based on the following methodology:

Cumulative analysis

When using this weighted scoring method, the award of the contract should be made to the candidate whose offer has been evaluated and determined as:a) responsive/compliant/acceptable, andb) Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation.

  • * Technical Criteria weight-70%
  • * Financial Criteria weight- 30%

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

  • Explaining why they are the most suitable for the work;
  • Provide a brief methodology on how they will approach and conduct the work;

Please scan all above mentioned documents and upload as one attachment only online through this website.

Note:

  • For an assignment requiring travel, consultants of 65 years or more require full medical examination and statement of fitness to work to engage in the consultancy.
  • Due to large number of potential applicants, only competitively selected candidates will be contacted for remaining steps of the service procurement process.
We do our best to provide you the most accurate info, but closing dates may be wrong on our site. Please check on the recruiting organization's page for the exact info. Candidates are responsible for complying with deadlines and are encouraged to submit applications well ahead.
Before applying, please make sure that you have read the requirements for the position and that you qualify.
Applications from non-qualifying applicants will most likely be discarded by the recruiting manager.
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