TERMS OF REFERENCE (TOR)
A. PROJECT TITLE: UN-REDD Mongolia National Programme
Type of Position: National Consultant: Analysis of Policies, Laws and Regulations (PLRs) relevant for REDD+ safeguards
Reports to: UN-REDD Mongolia National Programme – International consultant, Institutional strengthening and capacity building consultant, Chief Technical Advisor (CTA) and regional technical advisor
Type of Contract: Individual Contract
Duty Location: Ulaanbaatar, Mongolia
Expected Duration: 50 days over 3 months
Language Required: Mongolian and English Application deadline:
B. Programme Description
The Government of Mongolia has committed to a green development path, notably through the preparation and approval of the Green Development Policy, Government Policy on Forest and Sustainable Development Goals in Mongolia. REDD+ has the potential to contribute to green development by protecting global environmental resources (forest carbon stocks and biodiversity), helping to reverse land degradation, promoting the improvement of rural livelihoods and aiding adaptation to climate change. On the basis of the above international and national contexts, the country has quickly taken steps since 2011 to start implementing REDD+ readiness activities, including the preparation of its National REDD+ Readiness Roadmap, which was officially adopted by the MEGDT in June 2014. To support this effort, the UN-REDD Mongolia National Programme (NP) was established to provide technical assistance to the Government of Mongolia in implementing the National REDD+ Readiness Roadmap through which to prepare Mongolia’s REDD+ Strategy and establish other key elements and information streams required under the UNFCCC in order to make REDD+ operational in the country.
The main goal of the National Programme is to support the Government of Mongolia in the design and implementation of its national REDD+ strategy and in meeting the UNFCCC Warsaw Framework requirements for results-based payments. The National Programme also helps to implement the country’s amended State policy on forests until 2030, approved by the Government of Mongolia in May 2015, with ambitious plans to increase forest cover and enhance sustainable use and protection of forest resources (MEGDT, 2015; UN-REDD Programme, 2011). The UN-REDD National Programme will:
- Support the preparation of Mongolia’s National REDD+ Strategy;
- Identify specific policies and measures (PAMs) that will be included in the Strategy to address key drivers of deforestation and forest degradation;
- Support Mongolia in establishing suitable institutional arrangements for implementing REDD+;
- Undertake institutional capacity development in order to implement the Strategy; and
- Support the establishment of REDD+ fund management and benefit distribution mechanisms together with a social and environmental safeguards policy framework and procedures
C. Scope of Work
The work will be supported by an International Consultant who will be responsible for leading the technical design and research framework of the study.
The National consultant is expected to mainly provide necessary inputs to the joint deliverable with International Consultant and is expected to do the following tasks:
- Gather necessary data and information
- Annotated table and electronic versions of relevant PLRs selected for the review
- Documentation of information obtained during interviews, consultations and meetings
- Input to PLR analysis report, including on proposed gap filling measures
- Input to a national safeguards clarification for presentation to national stakeholders
- Input to workshop materials, such as presentations and handouts
- Summary of laws and regulations related to forest user groups rights and responsibilities
- Summary of laws and regulations related to activities allowed in different forest management classifications (e.g. Protected Area, Enterprise, Forest User Group)
- Input to final PLR analysis summary, including a summary of recommendations for next steps, and revised national safeguards clarification for incorporation into the country approach to safeguards document.
- Organize various meetings, consultations and most importantly the validation workshop
- Written and spoken translation for the International consultant, as
- The National Consultant must ensure that all deliverables are translated into English and Mongolian language.
The UN-REDD Mongolia National Programme (NP) seeks a National Consultant on Analysis of Policies, Laws and Regulations (PLRs) relevant for REDD+ safeguards in Mongolia
Under Mongolia’s National REDD+ Programme, safeguards are considered cross-cutting, forming part of Outcome 2 (on the development of a national strategy/action plan) and Outcome 4 (on the development of a national forest monitoring system and associated activities). Outputs 12 and 18 specifically detail the planned work on developing the country’s approach to safeguards and SIS:
|Output 12: REDD+ safeguard policy framework developed|
|12.1 Determine the scope and objectives of the safeguards approach|
|12.2 Assess the potential benefits and risks of candidate PAMs.|
|12.3 Review existing policies, laws and regulations – Cancun related|
|Output 18: Safeguards Information System (SIS) established|
|18.1 Priorities benefits and risks and develop indicators/verifiers|
|18.2 Identify and assess existing information systems relevant to safeguards|
|18.3 Prepare design options and develop a system for SIS.|
|18.4 Consultation with stakeholders|
This assignment will assist in developing Mongolia’s country approach to safeguards and help lay the foundations for work on developing its SIS. As such, it will build on preceding steps (to be carried out by UNEP-WCMC and the UN-REDD Mongolia Programme) to: a) identify the goals and scope of the safeguards
approach; and b) assess the benefits and risks of proposed REDD+ PAMs. It will also draw on complementary studies that have been and are being undertaken by the UN-REDD Mongolia Programme, as detailed below.
The assignment will be carried out in close collaboration with the UN-REDD Mongolia Programme, UNEP- WCMC and the international consultant for the safeguards work. The work is planned to take place during Q2-Q4 2017.
The main tasks are to work with the international consultant in order to:
- Produce a review of policies, laws and regulations (PLRs) relevant to the REDD+ safeguards; this should also elaborate on the rights and responsibilities of Forest User Groups; clarify the management activities that are allowed in different forest classifications, and do an analysis of any laws, polices and regulations that are being developed by Ministry of Environment and Tourism, Ministry of Labor and Social Welfare, Ministry of Food, Agriculture and Light Industry, and other related
- Clarify the safeguards in the Mongolian
These tasks are described in detail below. The chosen contractor will provide expertise on the specific country context with regard to environmental and social governance/PLRs, contribute to the development of analytical approaches and drafting of outputs in collaboration with the international consultant, review materials related to PLRs (such as legal texts) in Mongolian language, document relevant information in English as required for the development of outputs, and organize, undertake or participate in meetings.
1.1 Reviewing existing PLRs, the institutions and institutional arrangements in place to implement them, their practical implementation, and relevant sources of information
- Preparation: work with international consultant to prepare the methodology (approach) to be used to review PLRs (e.g. develop strategy for identifying relevant PLRs based on the text of the Cancun safeguards, the analysis of benefits and risks, and UN-REDD materials on the clarification of safeguards; and a matrix or template to record information). Methodology should include indicators to identify the specific gaps and conflicts of the related laws and regulations. In addition, identify a detailed steps to conduct a comprehensive literature review of existing relevant policies, laws and
- Review of existing studies: In collaboration with the international consultant, consolidate and review existing UN-REDD Programme and other information relevant to the PLR analysis. For example, this will include: risks and benefits analysis (as a basis for identifying relevant topics in relation to each safeguard); institutional analysis; studies on stakeholder engagement and other relevant topics (such as FPIC, social inclusion, incentive mechanisms and governance).
- Conduct PLR review together with the international consultant. Building on existing studies and using the agreed upon approach, the analysis will include four key elements:
- Assessing how the country’s existing PLRs already “address” key gaps (concerns) identified in relation to each safeguard (e.g. are PLRs in place to ensure that the potential risks of proposed PaMs are avoided, or that PaMs will be implemented in a way that promotes the achievement of benefits), and identifying any gaps and weaknesses in the PLR framework that may need to be filled/strengthened;
i) Assess in detail the following legislative aspects:
- The roles and responsibilities of Forest User Groups, and the legislation surrounding their rights towards forest use and benefits;
- The activities that are allowed in different forest classifications and any pertinent regulations;
- Identify any laws and regulations that are currently being reviewed or developed by the Ministry of Environment; Ministry of Food, Agriculture and Light Industry, Ministry of Labor and Social Welfare and other pertinent to REDD+ safeguards and rights / benefits of communities;
ii) Assessing how the country’s existing PLRs are implemented in practice, and what the existing institutional capacities related to their implementation are, and identifying the gaps and weaknesses in implementation that may need to be filled/strengthened in order to ensure that the Cancun safeguards will be “respected” appropriately during the implementation of PaMs. Specific approaches proposal to fill the identified gaps are necessary;
- Gathering information on planned institutional arrangements or procedures for REDD+ that may help to close PLR gaps (such as arrangements to promote equitable sharing of benefits or the transparent resolution of arising grievances); and
- Noting potential existing systems and sources of information that could be used to demonstrate how the Cancun safeguards are being addressed and respected during the implementation of PaMs (e.g. whether benefits are achieved, risks avoided and PLRs implemented successfully), in order to inform SIS
Conducting the review will involve both desk review and meetings with institutions and agencies responsible for the implementation of PLRs. The contractor will also be expected to undertake translation and interpretation (e.g. of background documents, at meetings) as required by the international consultant.
- Reporting: The outcomes of the review are to be documented comprehensively, to ensure that the information gathered can be used for follow-up work as may be required. For example, the documentation of relevant PLRs should identify clearly which elements of the PLRs (e.g. which of the provisions or articles within a law) will contribute to addressing the safeguards, and In the assessment of PLR implementation and potential gaps, sources of information should be described and relevant evidence should be cited where possible.
E. Expected Outputs and Deliverables
The contracted team of international and national consultants will deliver the following items; all items will be validated through consultation and review process outlined above, and with final approval from PMU technical staff, in particular the Chief Technical Advisor.
|Deliverables/Outputs||Estimated Duration to Complete||Review and Approvals Required|
|Inception/preparatory phase: Detailed Work plan and setting up the methodology (In English):|
(1st instalment, 15% of total payment)
|Chief Technical Advisor, NP & UNEP, UNDP CO|
|Technical Report – First Draft (in English and Mongolian)|
(2nd instalment, 40% of total payment)
|Chief Technical Advisor, NP & UNEP, UNDP CO|
|Technical Report – Final Report (in English and Mongolian) –|
(3rd instalment, 45% of total payment)
|Chief Technical Advisor, NP & UNEP, UNDP CO|
F. Institutional Arrangement
- The National consultant will work closely with and under the overall guidance of the International Consultant and in close consultation with Chief Technical Advisor of the UN-REDD Mongolia National Programme, UNDP Country Office and Regional Technical Advisor, UN-REDD Programme;
G. Duration of Assignment and Duty Station
- The work is expected to start in May 2017 and require approximately 50 working days over 3 months after contract is
H. Qualifications of the Successful Contractor
The national consultant will be tasked to gather both primary and secondary data and lead all discussions with national stakeholders, including the conceptualization and organization of workshop. The national consultant is responsible for the production of deliverables in the work plan.
National consultant should possess the following:
- Post-graduate degree (MSc or PhD) in natural resources, environment law, or closely related field is preferred.
- A minimum of 7 years progressive experience in Mongolian environmental and natural resource management issues with experience in governance, policy, rights, regulations and legal issues;
- Good understanding of Mongolian environmental laws and policies is
- Experience with legal assessments in the environmental sector in Mongolia is an advantage;
- Strong inter-personal skills, in particular, demonstrated team leadership qualities and excellent oral communication
- Intermediate/Advanced level English language skills is
I. Financial Proposal and Schedule of Installments
A total Lump Sum Fee should be submitted which includes the all-inclusive fixed total contract price supported by a breakdown of costs, as per template provided.
Note: Instalments will be based on invoices on achievement of agreed milestones i.e. upon delivery of the services specified in the TOR and certification by the UNDP. While preparing your submission, please use the “Template for Confirmation of Interest and Submission of Financial Proposals” found on the right side of the procurement webpage for downloading. No costs other than what has been indicated in the financial proposal will be paid or reimbursed to the consultant.
J. Recommended Presentation of Offer
For purposes of generating Offers whose contents are uniformly presented and to facilitate their comparative analysis, it is best to recommend the preferred contents and presentation of the Offer to be submitted, as well as the format/sequencing of their presentation. The following documents are requested:
- Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP;
- Personal CV or P11, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Candidate and at least three (3) professional references;
- Brief description of why the individual considers him/herself as the most suitable for the assignment, and a methodology on how the Candidate will approach and complete the assignment. Applicant shall also submit a draft work plan and sample report(s) of similar assignments;
- Financial Proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs, as per template provided. If an Offeror is employed by an organization/company/institution, and he/she expects his/her employer to charge a management fee in the process of releasing him/her to UNDP under Reimbursable Loan Agreement (RLA), the Offeror must indicate at this point, and ensure that all such costs are duly incorporated in the financial proposal submitted to
K. Criteria for Selection of the Best Offer
Criteria for selection of the best offer will be based on Combined Scoring method – where the qualifications and methodology will be weighted a maximum of 50%, interview – 20%, and combined with the price offer which will be weighted a maximum of 30%.
L. Annexes to the TOR
Annex one includes Technical criteria for National Consultant and Annex two includes UNFCCC requirements for REDD+ safeguards.
This TOR is approved by:
Name and Designation
Date of Signing
Annex 1. Technical criteria for national consultant
|Technical criteria 1: Education||20|
|Post-graduate degree (MSc or PhD) in natural resources, environment law, or closely related field is preferred.|
|Technical criteria 2: Professional experience||50|
|7 years progressive experience in Mongolian environmental and natural resource management issues with experience in governance, policy, rights, regulations and legal issues;|
|Good understanding of Mongolian laws and policies is required and experience with legal assessments in the environmental sector in Mongolia is an advantage|
|Strong inter-personal skills, in particular, demonstrated team leadership qualities and excellent oral communication skills|
|Fluent in English|||
|Technical criteria 3 – Proposed methodology and approach||30|
|Excellent proposal with methodology and approach|||
|Excellent report writing skills and analytical skill (sample product)|||
Applicants who passed 70% of Technical score will be invited for an interview. Interview and price offer will be weighted a maximum of 20% and 30%, respectively.
|Weight for technical criteria|
|Weak: below 70%||The individual consultant/contractor has demonstrated a WEAK capacity for the analyzed competence|
|Satisfactory: 70-75%||The individual consultant/contractor has demonstrated a SATISFACTORY capacity for the analyzed competence|
|Good: 76-85%||The individual consultant/contractor has demonstrated a GOOD capacity for the analyzed competence|
|Very good: 86-95%||The individual consultant/contractor has demonstrated a VERY GOOD capacity for the analyzed competence|
|The individual consultant/contractor has demonstrated an OUTSTANDING capacity for the analyzed competence|
Annex 2. UNFCCC requirements for REDD+ safeguards
At the 16th Conference of the Parties (CoP) to the UNFCCC in Cancun, 2010, a set of seven safeguards were adopted, which are to be promoted and supported when undertaking REDD+ actions. Developing countries seeking to implement national REDD+ strategies/action plans (NS/APs) under the UNFCCC should meet three fundamental safeguard-related requirements in order to be eligible for results-based finance:
- Operationalising safeguards – countries should ensure REDD+ actions, regardless of the source and type of funding, are implemented in a manner consistent with the Cancun safeguards;
- Safeguards information system (SIS) – countries should develop a system for providing information on how the Cancun safeguards are being addressed and respected; and a
- Summary of information – countries should provide a summary of information on how all the Cancun safeguards are being addressed and respected throughout the implementation of REDD+
Country Approach to Safeguards
The United Nations Collaborative Programme on Reducing Emissions from Deforestation and Forest Degradation in Developing Countries (UN-REDD Programme) structures its support to countries on REDD+ safeguards and SIS within the framework of a country approach to safeguards. In addition to responding to UNFCCC requirements, a country approach to safeguards provides flexibility for countries to consider additional objectives, including, for example, other national policy objectives and requirements of organizations providing interim results-based payments, e.g. the Forest Carbon Partnership Facility (FCPF) Carbon Fund. Approaches can build extensively on existing national policies, laws and regulations (PLRs), institutions, and systems for collecting and/or reporting information.
The country approach recognizes that the means to address and respect REDD+ safeguards – as a consequence of different national circumstances – vary greatly among countries. However, drawing on country experiences to date, some generic steps can be identified that may be useful for countries to consider for the development of their safeguard approaches.