Location : Monrovia, LIBERIA
Application Deadline : 23-Aug-12
Additional Category Democratic Governance
Type of Contract : Individual Contract
Post Level : International Consultant
Languages Required : English
Starting Date : (date when the selected candidate is expected to start) 01-Oct-2012
Duration of Initial Contract : Nine Months
Expected Duration of Assignment : Nine Months
Background
The Government of Liberia is committed to promoting the rule of law and establishing good governance practices that would reduce poverty and spur sustainable economic growth . In this context, the government through Presidential declarations has indicated its determination to review all current concession agreements with a view to ensuring that the exploitation of natural resources not only meet internationally acceptable standards but engender outcomes that bring commensurate benefits for Liberia and its people. Acknowledging that poorly conceived and executed natural resource projects and contracts not only deny the country the deserved full benefits but also induce poverty, corruption and even conflicts, particularly when good governance systems are inadequate, the GoL is determined to build capacity to ensure efficient and effective management of resource exploitation in Liberia. Beginning in 2006 with the re-negotiation of the $1 billion dollar Arcelor Mittal iron ore investment agreement, the Government has been engaged in negotiating of about 20 investment contracts potentially worth over US$10 billion.
To ensure that the Government is able to institutionalize the gains with respect to contracts and concession negotiations a Legal Advisor was fielded in 2011 with UNDP support to surge the MOJ’s sustainable capacity in
1) providing high-quality legal advice on the increased concession activity in the country;
2) strengthening Liberia’s legal framework for managing natural resources ; and,
3) monitoring investor compliance with the terms of newly negotiated investment contracts.
Building on this support, a UNDP mission to Liberia was again fielded in June 2012 by the Regional Project for Capacity Development at the request of Government to provide support for negotiations and compliance. The specific objectives of that support was to:
1) strengthen and enhance the Government’s capacity for bidding, negotiating and managing large-scale natural resources projects and related investment contracts;
2) assist the MOJ create appropriate policy, legislative and regulatory frameworks to foster better government management of natural resource projects in Liberia; and,
3) provide on-the-job training and technical assistance to MOJ staff and other government officials involved in matters related to the drafting, bidding, negotiation, and management of natural resource projects and related investment contracts.
With the emergence of the oil sector, the GoL is again requesting UNDP to field a Consultant to strengthen its capacity for negotiation and coordination in this very important sector. The Consultant will provide top-quality policy advisory and technical services to the Ministry of Justice to ensure local capacity for contracts negotiations and effective coordination of the emerging Oil Sector in Liberia. This will require a technical person with expertise and hands on experience to support the Ministry of Justice as it develops and implements the requisite legal and policy tools to strengthen a functional and professional team at the Ministry to stair the sector towards the attainment of national and sectoral strategies including the Millennium Development Goals.
Liberia has a very modest oil industry which is yet underdeveloped, and oil refinery has been mothballed. Nonetheless, there is huge potential with current oil exploration, a situation that is attracting potential investors and public interest. Given UNDP’s previous support to the building of the Ministry’s capacity for contracts and negotiation in order to consolidate that gain, the MOJ has sought support from the RBA for an expert Advisor that will assist with coordination and negotiation with companies and stakeholders in the oil sector. This support for a Consultant is seen as crucial to the strengthening of capacities for contracts analysis, negotiation and coordination in the oil sector in furtherance of enhancing the effective and accountable management of natural resources .
This is against the background of the emerging complex and interconnected financial, legal, managerial, political and economic dimensions with heightened legislative debate and recent calls for the review of agreements. The government also thinks that the economic perspectives are best served by negotiations that are characterized by limited financial stress and that provide investments in exploration and sustained future productions. For this reason, adequate technical preparations are vital given the changing nature of the legal and regulatory framework for oil industry contracts, and that it is important government lawyers, contracts and commercial actors have appropriate capacity and up-to-date information with respect to the understanding of the current practice and development in the oil sector contracts negotiation. A Consultant will therefore be needed to provide strategic advice to the government on the socio economic and political dimensions towards effective natural resource management with the view to harnessing the potential of the oil sector including ownership of infrastructure and improving economic impact of negotiations.
Duties and Responsibilities
The key results of this post will be the efficacy of the Ministry of Justice and other Government stakeholders who are parties to contract negotiations in the oil sector having the capacities and reliable information at their disposal to coordinate, conduct and effectively manage contract negotiations that assures equitable outcome of negotiation, sustainable and transparent management of natural resources .
The Consultant will be based at the Ministry of Justice in Monrovia, and will directly report to the UNDP Deputy Country Director for Programme and will be accountable to the Ministry of Justice. The Consultant will advice the Minister of Justice and will be expected to collaborate closely with on-going initiatives within the Ministry to enhance the overall strategic programme on contract negotiations and sector coordination across all relevant Ministries, Departments and Agencies and in other related branches of Government.
Provide strategic guidance and support to the government and key stakeholders on the socio economic and political dimensions of oil and gas contracts negotiations towards effective, transparent and accountable natural resource management
Proffer policies and strategies that that will contribute to the harnessing of the potential of the oil sector including ownership of infrastructure, economic impact of loss/gain from oil income.
* Provide legal advice in support of MOJ’s drafting, negotiation and regulation of investment contracts, with an emphasis on activities related to natural resource projects
* Ensure integration of social and environmental impact assessment aspects in natural resource management with focus on the oil sector.
Provide legal guidance and supports to help shape thinking around the review of requisite legislations and policy tools for the strengthening of institutional structures and human capacity of government and relevant stakeholders
* Review current policies, legal and regulatory frameworks related to management of natural resource projects and investment contracts in Liberia.
* Prepare a report that includes recommended measures to increase efficiency and improve good governance systems for better transparency and accountability.
Provide technical support for the design and roll out of a comprehensive Capacity Development program with emphasis on coordination and negotiation.
* Develop a comprehensive training programme for contract analysis, negotiations, etc. with reference to the oil sector.
* Support the Ministry of Justice to engage, create and coordinate partnerships with companies, bilateral and multilateral donors, UN Agencies, and other stakeholders for the pursuit of Government’s strategic direction for the oil sector.
* Ensure appropriate linkages are made by the MOJ to draw upon other country experiences, lessons leant and knowledge sharing to strengthen implementation of the mandate of the Ministry with respect to its enhanced coordination and negotiation role in the Oil sector.
Provide other support as requested by the Minister of Justice.
Deliverables/Outputs :
Deliverables are linked to the payment as follows:
* Review of available documents, initial interaction with key stakeholders, stock taking/institutional mapping: ( ie stock taking capacity/ institutional mapping (ie skills, constraints and gaps analysis) preparation and delivery of a PPP on the observations and alternative proposals based on applicable experiences elsewhere)
* Submission of an inception report including a profile of the institution and detailed work plan
* End of Month 1 of Consultancy 10% of total contract sum
* Develop a comprehensive training programme for contract analysis, negotiations, etc
* Submission of a Training Programme complete with proposed training modules and mentoring & knowledge transfer strategies
* End of Month 2 of Consultancy 10% of total contract sum
* Draft policies and strategies that contribute to the harnessing of the potential of the oil sector ( i.e. identification of gaps policies/ legislations and frameworks in the oil sector that mar or promote the sector and proffer remedies for harnessing the untapped potentials of the sector)
* Submission of Draft policies and strategies towards enhancing ownership of infrastructure, economic impact of loss/gain from oil income.
* End of Month 4 of Consultancy 20% of total contract sum
* Prepare a report to increase efficiency and improve good governance systems in the oil sector include a comprehensive sector profile.
* Submission of Sector Strategic Plan that includes key recommendations for enhanced transparency and accountability
* End of Month 6 of Consultancy 25% of total contract sum
* Prepare an evaluation report :
* Submission of evaluation report
* End of Month 7 of Consultancy 25% of total contract sum
* Prepare terminal report and hand over notes
* Submission of Terminal Report
* End of Month 9 of Consultancy 10% of total contract sum
Proposals should be submitted at the following address: by email to consultants.lr@undp.org (Please include procurement notice number in the subject area) no later than 17:00 hrs (GMT) Liberian time, Thursday, 23 August 2012.
Any request for clarification must be sent by standard electronic communication to the address or e-mail indicated above. UNDP will respond by standard electronic mail and will send written copies of the response, including an explanation of the query without identifying the source of inquiry, to all applicants.
Competencies
All candidates must possess the following competencies:* Knowledge and experience in the various jurisdictions and how to deal with disputes.
* Knowledge and understanding of capacity development for negotiation and regulations of natural resource projects and related investment agreements
* Experience in management and organizational development
* Experience of working in fragile states and/or post-conflict countries
* Documented social skills and networking capabilities is an advantage
Required Skills and Experience
Education:
All candidates must meet the following qualifications:
* Master’s Degree in Economics and related specialization in Law and/or International development.
* Advanced professional career in contracts and negotiations of natural resources with emphasis on oil and gas sector at a senior level is preferred.
* At least 10 years work experience with senior level government officials at the national or international level providing management and technical services.
UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.
Closing Date: Thursday, 23 August 2012