Legislative and Institutional Framework Consultancy

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Organization: Basel Convention Regional Centre for Training and Technology Transfer for the Caribbean (BCRC-Caribbean) 

Positionhttps://www.bcrc-caribbean.org/opportunities/rfp-legislative-consultancy/ 
Location: Due to COVID situation, the consultant will work remotely until further notice
Expected Duration:  Eighteen (18) months and is expected to begin in December 2021 and end in June 2023.

Closing DateSunday 28 November 2021 at 11:59PM (GMT-4)

Job opening ID: BCRC#10279_2021_001

BACKGROUND

The Implementing Sustainable Low and Non-Chemical Development in Small Island Developing States (ISLANDS) Programme seeks to address the sound management of chemicals and waste in Least Developed Countries (LDCs) and Small Island Developing States (SIDS). This ISLANDS Programme covers four (4) geographical regions including the Caribbean, Indian Ocean, Pacific Islands, and Atlantic Ocean Islands, and is being implemented by the United Nations Environment Programme (UNEP), The United Nations Development Programme (UNDP), The United Nations Food and Agricultural Organization (FAO) and the Inter-American Development Bank (IDB). 

The Basel Convention Regional Centre for Training and Technology Transfer for the Caribbean (BCRC-Caribbean) is currently executing the Caribbean Child Project (GEF 10279) which involves nine (9) countries (Antigua and Barbuda, Barbados, Belize, Dominican Republic, Guyana, Saint Kitts and Nevis, Saint Lucia, Suriname and Trinidad and Tobago).

A summary of the Components and Activities are provided in Appendix 2 to the RFP Package – The Project Brief. 

In this regard, the BCRC-Caribbean is seeking to recruit a suitably qualified and experienced Legislative and Institutional Framework Consulting Team to work with us on Activities 1.1.1 to 1.1.3 under Output 1.1. The overall objective of the consultancy is to assess and adapt the legislative and institutional framework to support the environmentally sound management of hazardous wastes at the regional level, and at the national level in all nine (9) Project Countries (Antigua and Barbuda, Barbados, Belize, Dominican Republic, Guyana, Saint Kitts and Nevis, Saint Lucia, Suriname and Trinidad and Tobago). 

DESCRIPTION OF REQUIRED SERVICES FOR THIS CONSULTANCY 

The overall objective of this consultancy is to adapt the legislative and institutional framework in the nine (9) Project Countries to support the Environmentally Sound Management (ESM) of hazardous wastes at both the national and regional levels. 

The Consulting Team will be required to achieve this objective through the following activities: 

I. Conduct detailed assessments of the existing policies, legislation, and institutional capacities in the nine (9) Project Countries established to manage hazardous chemicals and wastes; and to assess existing regional or sub- regional regulatory mechanisms to manage these hazardous streams. This shall include:

  • A detailed legislative and institutional assessment through desktop review, data collection and stakeholder consultations with respect to waste streams inclusive of Electrical and Electronic Equipment (EEE) and it’s waste, End of Life Vehicles (ELVs), mercury-added products and wastes, plastics and any other hazardous waste streams which emerge from the assessment. The assessment under this consultancy will build upon previous assessments and fill the gaps in knowledge where needed.
  • An assessment of the social and economic implications (positive and negative consequences) on gender and vulnerable populations (indigenous populations, women, children, the differently abled and other) based on the existing legislation, infrastructure, and institutional capacities for managing hazardous chemicals in materials. 

II. Develop specific hazardous chemicals and wastes policies and regulations that will support management at regional and national levels. This shall include:

  •  A regional model policy that will promote harmonization of national efforts across the region. This will guide individual countries on the customization of legislation and regulations to enhance their existing frameworks for the management of EEE, ELVs, mercury-added products and plastics. The model policy should take into consideration international obligations and the wider national legal frameworks, as well as the experiences of other SIDS and outputs from related regional projects.
  • The development of national policies (as needed/where necessary), to create the enabling environment which allows for the Project Countries to manage EEE, ELVs, mercury-added products and wastes and plastics that includes the participation from the private and financial sector. 
  • A further assessment of the existing institutional capacities in each Project Country to support the implementation of the policies at national and regional levels. This assessment will inform the recommendations for improvement of the institutional framework required to support the policies on the management of EEE, ELVs, mercury-added products and wastes and plastics.  
  • Development of model legislations and /or regulations in the Project Countries which are aligned with the regional model policy (mentioned above) and the national assessments of each Project Country’s existing legislative and institutional capacities. The model legislations and /or regulations should be streamlined based on the enabling environment and needs of each Project Country for management of the targeted chemical and waste streams. This will be informed by prior activities from this consultancy, other relevant project assessments and possible regional and international best practices that can be adopted. Consultation must take place with the parties responsible for legal affairs, trade and chemicals and waste management in each country. This is then to be presented to the Project Countries and consideration can also be given for endorsement via the CARICOM (Caribbean Community) in order to formalize the model regulations at a regional level.  
  • Facilitation of a Regional Workshop with key stakeholders from each Project Country to validate the results from the assessments and present the draft policies and legislations. This workshop can also synergize with the presentation to the CARICOM for regional endorsement. 

III. Develop national strategies and roadmaps (one for each Project Country) for the adoption and implementation of the model policies and regulations. This shall include:

  • A harmonized National Strategy for each Project Country, drawing from what is learnt in Activities 1.1.1 and 1.1.2, in order to improve the national chemicals and waste management framework, which will facilitate the success of the proposed interventions by the project. The national strategy will document roles and responsibilities, description of tasks, supporting agencies, outputs and timelines.
  • Convening national working sessions with the various institutions which will assess the financial, material and human resources needed to implement these recommendations and legislation. 
  • Facilitate a Regional Workshop with key stakeholders from each Project Country to present on and validate the national strategies and roadmaps. 

EXPECTED OUTPUTS 

The Consulting Team, under the guidance of, and reporting directly to the BCRC- Caribbean, is expected to deliver: 

1.    An Inception Report (including a workplan, preliminary stakeholder listing and draft data collections tools/ questionnaires for data collection) (Deliverable 1). 

2.    Nine (9) National Legislative and Institutional Capacity Reports, one for each Project Country (Deliverable 2). Details can be referenced in the project document2 under Output 1.1, Activity 1.1.1. 

3.    Nine (9) Socioeconomic, Gender and Vulnerable Groups reports, one for each Project Country (Deliverable 3). Details can be referenced in the project document under Output 1.1, Activity 1.1.1. 

4.    A Regional Model Policy (RMP) (Deliverable 4). Details can be referenced in the project document under Output 1.1, Activity 1.1.2. 

5.    A Regional Workshop Report 1 (Deliverable 5). Details can be referenced in the project document under Output 1.1, Activity 1.1.2. 

6.    Draft National Strategies (NS) in the nine (9) Project Countries developed for adoption and implementation of the model policies and legislation (Deliverable 6). Details can be referenced in the project document under Output 1.1, Activity 1.1.2. 

7.    Draft National Roadmap Reports for each of the nine (9) Project Countries which outlines the procedures for adoption and implementation of the model policies and legislation and based on national consultations/ workshops (Deliverable 7). Details can be referenced in the project document under Output 1.1, Activity 1.1.3 

8.    A Regional Workshop Report 2 (Deliverable 8), which presents a summary of the presentation and validation of strategies and roadmaps presented to the Project Countries. 

9.    Nine (9) finalized National Strategies for each of the Project Countries (Deliverable 9) based on the review, guidance and feedback provided by the National Working Group (NWG) .

10. Nine (9) finalized National Roadmaps for each of the Project Countries to support strategies developed for adoption and implementation of the model policies and legislation (Deliverable 10).

11. Quarterly progress reports highlighting the consultancy activities completed, stakeholders engaged, deliverables submitted, challenges encountered with mitigation efforts and upcoming activities and expectations for the next quarter. 

QUALIFICATIONS, EXPERIENCE AND SKILLS 

  • Project management certification (PMP, PRINCE2 etc.) as well as a minimum of five (5) years of tangible project management experience. 
  • A minimum of 10 years’ professional experience in the area of environmental governance, national environmental policy, regulatory frameworks or related fields. 
  • A minimum of five (5) years professional experience in the fields of environmental or chemical and waste multilateral environmental agreements (MEAs). 
  • A minimum of five (5) years professional experience working on and managing multinational (including UN agencies and the GEF) and multidisciplinary team projects in the region;
  • Demonstrated experience in Legislative/ Policy drafting and review; 
  • Experience in conducting stakeholder meetings/ trainings/ workshops; 
  • Previous experience in the Caribbean with the capacity and eligibility to work in the participating countries. 

NOTES: 

(i)  The working languages of the GEF 10279 Project are English and Spanish. As such a bilingual team member is required. Project correspondence, outputs and consultations are expected to be conducted with English/ Spanish interpretation and translated resources; the ability to communicate in Dutch will be regarded as an asset. 

(ii)  Bidders are also encouraged to use local resources wherever possible. Wherein the Bidder uses the services of one or more sub-contractor(s), the Bidder shall explicitly identify the parts of the ToR where sub-contractors are to be used. 

REMUNERATION 

  • A total gross fee plus expenses to the Consulting Team inclusive of all taxes will be as agreed on and mentioned within the contract based on the financial proposal developed and negotiated cost for this consultancy. 
  • Expenses will be paid on a reimbursable basis where evidence of expenditure is provided in accordance with the terms and conditions of the contract agreement.  
  • Payments shall be made in instalments based on key deliverables identified within the contract and agreed on between the BCRC-Caribbean and the Consulting Team. 

INSTITUTIONAL ARRANGEMENTS 

The Consulting Team will be directly supervised by the Basel Convention Regional Centre – Caribbean with support from the National Working Groups in each Project Country.