Legal Reform Consultant to support the lead consultant and take the lead on the legal aspects

By Live Lover -

              
Food and Agriculture Organization of the United Nations

Professional Vacancy Announcement No:  VA-025-2014
Issued on:
21ST AUGUST 2014
Deadline For Application:
4TH SEPTEMBER 2014

Position Title:

Grade Level:


Legal Reform Consultant to support the lead consultant and take the lead on the legal aspects of the analysis (national consultant)

KENYAN NATIONALS ONLY TO APPLY
Duty Station:
NAIROBI
Organizational Unit:
FAO Representation Office in Kenya (FRKEN)
Duration *:
7 Months W A E Basis[1]

     
Post Code/No:


     
CCOG Code:


Applications from qualified women are encouraged
Persons with disabilities are equally encouraged to apply
All applications will be treated with the strictest confidence
 The incumbent may be re-assigned to different activities and/or duty stations depending on the evolving needs of the Organization
DUTIES AND RESPONSIBILITIES
Background
In July 2012, the National REDD+ Coordination Officer and Focal Point of Kenya of the Ministry of Forestry and Wildlife requested targeted support from the FAO under the UN-REDD Programme in order “to develop a comprehensive gap analysis of the forest related legal framework relevant to REDD+.” Following this request, the Legislative Support on Legal Preparedness for REDD+ in Kenya Project was undertaken in 2013. The final report from this project concluded that there is considerable room and need to infuse REDD+ provisions in diverse legislation and policies in Kenya.

The Legal Reform Consultant, working in close collaboration with the Lead Consultant, will support the REDD+ Coordination Office and the REDD+ Focal Point to facilitate and actively engage in an on going legal reform processes, including 1) the formulation process of a National Climate Change Policy and Law, 1) processes that relate to the legal framework pertaining to participatory processes for non-state actors, 3) the legislative and participative processes advancing the concept of community land and tenure issues including the drafting of the Community Land Bill, and 4) the drafting process of a benefit sharing regulation under the proposed Forest and Wildlife Conservation and Management Act. 

Objectives
Under the direct supervision of the FAO Legal Expert REDD+ in FAO’s Rome Headquarters and in collaboration with the REDD+ Coordination office, the REDD+ Focal Point, and other stakeholders, the main objective of this consultancy will be to draft REDD+ provisions to be integrated in relevant legal texts under review or under development. The Legal Reform Consultant is responsible to support a participatory process of consultation to develop and refine the draft provisions, build consensus around the proposed legal reforms, and leverage political will to push forward changes in legislation.

Activities:
1.     Propose REDD+ legal provisions to be integrated into the National Climate Change Policy and Law on the basis of consultations with key stakeholders (including the Task Force) through a consultation workshop and provide support to the Task Force with the drafting of the National Climate Change Policy and Law during the full process.
2.     Collaborate with the Lead Consultant to design and facilitate an Inception workshop with a wide range of relevant stakeholders to introduce and seek input on the envisioned reform process. Present key questions and discuss initial ideas in order to initiate the drafting of 1) a legal framework that promotes non-state actors’ participation in REDD+ decision making processes, including policy and planning processes at the county level, and 2) legal provisions to consider REDD+ as a land-use option for community land. This workshop will also facilitate discussions on options for tenure and benefit sharing provisions, building on the FAO led activities in the context of the Voluntary Guidelines of Governance of Tenure on Land, Forest and Fisheries (VGGT) project, which is funded by the EU. (NB: Logistical support for the workshop will be provided by the FAO-Kenya office).
3.     Draft a legal framework promoting the involvement of non-state actors in REDD+ decision-making processes (especially at the county level, e.g. forest-dependent rural communities, civil society and the private sector) and legal provisions under the Community Land Bill and other relevant legal texts in order to consider REDD+ as a land-use option for community land and integrate tenure and benefit sharing provisions.
4.     Collaborate with the Lead Consultant to design and facilitate a Validation workshop to finalize and build support for the ratification of the proposed legal framework promoting the involvement of non-state actors in REDD+ and legal provisions under the Community Land Bill and other relevant legal texts.
5.     Provide technical support to the drafting of the benefit sharing regulation under the Forestry and Wildlife Conservation and Management Bill and support a momentum that enables the incorporation of the benefit sharing provisions in the proposed Bill and ratification of the regulation.
6.     Provide legal expertise during the legislative process to government decision makers in relevant ministries with a view to push forward the legal reform process and, when needed, conduct meetings with government and civil society representatives to seek input and support on proposed legal reform provisions and processes.

Throughout the consultancy period, work closely with the Lead Consultant and the FAO REDD+ Legal Expert to review and comment on draft provisions and work process.


Expected Outputs:

Consultation workshop on proposed REDD+ legal provisions to be integrated into the National Climate Change Policy and Law
within 2 months after signing of contract
Proposed REDD+ provisions and final version of the National Climate Change Policy and Law in which REDD+ provisions are highlighted.
within 5 months after signing of contract
Concept, design, and agenda for the Inception Workshop including presentations and invitation list (workshop to be organised two to three months after signing of contract)
3 weeks after signing of contract
Inception Workshop report
2 weeks after Inception Workshop
Draft legal framework for the participation of non-state actors.
4 weeks after Inception Workshop
Draft provisions for the Community Land Act/Bill and other relevant legal texts
4 weeks after Inception Workshop
Concept, design, and agenda for the Validation Workshop including presentations and invitation list (workshop to be organised six months after signing of contract)
4 weeks after submission all draft provisions
Validation workshop report and final versions of the legal framework for the participation of non-state actors, and provisions for the Community Land Act/Bill and other relevant texts
2 weeks after Validation Workshop
Proposed REDD+ provisions and final version of the benefit sharing regulation in which proposed provisions are highlighted.
within 3 months after signing of contract
Summary report on meetings with government and civil society representatives
1 week after each meeting
Final report on legal reform process including lessons learned and recommendations
4 weeks after Validation Workshop







MINIMUM REQUIREMENTS

Candidates should meet the following:


·          University degree in Law (required)
·          Legal expertise and experience
·          At least five years of relevant experience in forestry and REDD+ in the Kenyan context.


SELECTION CRITERIA

Candidates will be assessed against the following:


·          Excellent knowledge of the legal and regulatory frameworks of the forestry and land-use sectors in Kenya. 
·          Excellent insights into the functioning of the existing administration and into the institutional context around land use in Kenya.
·          Good knowledge on the functioning of the government in general and land use and climate change policy and programmes in particular.
·          Experience in facilitating multi-stakeholder processes and stakeholder analyses.
·          Strong network in the ministries related to land use and its management, to national development planning, environment and climate change in particular.
·          Skills in advocacy, tact, and versatility.
·          Proven ability to prepare technical project reports.
·          Strong analytical skills to summarize the documentation of work and analysis to the highest international standards
·          Fluent in written and oral English.



Please note that all candidates should possess computer/word processing skills and should be capable of working with people of different national and cultural backgrounds.
* The length of appointment for internal FAO candidates will be established in accordance with applicable policies pertaining to the extension of appointments 


REMUNERATION

A competitive compensation and benefits package is offered. For information on UN salaries, allowances and benefits, click on the following link:  http://icsc.un.org/







Send your application (CV and cover letter) by email or post to:
FAO Representative in Kenya
United Nations Office At Nairobi
P.O. Box 30470 00-100 Nairobi-Kenya
Email: vacancy-kenya@fao.org












[1] When Actually Employed

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