| Description |
The “Promote peace building through cross boundary wastewater management in the occupied Palestinian territory” is a UNDP/PAPP project that contributes to peace building and supports the strengthening the dialogue between the Palestinian Authority and Israeli through addressing common interests and maximizing benefits on both sides. In this particular project, peace building will be promoted through joint management of cross boundary wastewater in order to safeguard the shared environment and protect the water resources. This will be achieved through the construction of three wastewater collection systems in the targeted communities in the occupied Palestinian territory; the collected wastewater will be treated in the Israeli side based upon previously agreed mechanisms and tariffs between both parties. The Israeli Water Authority and the Palestinian Water Authority are interested to further develop the agreement for the joint management of the cross boundary wastewater. The above mentioned agreement will be based on the interim agreement that Israel and the Palestinian Authority signed in September 1995 (Oslo 2) including the most recent understanding on water issues that has been reached in the peace process framework. There are at least 10 cross boundary streams between the Israeli and the occupied Palestinian territory. Downstream Israeli streams receive wastewater from the occupied Palestinian territory which is mostly untreated or poorly treated. Further, downstream Palestinian receive untreated or partially wastewater runoff from Israel territory flowing into both Gaza and the West Bank. On the other hand the untreated wastewater runoff from the Israeli settlements on the hilltops ends up in Palestinian streams pending a final status resolution between the parties. The untreated wastewater presents a pollution that not only destroys the rivers and the connected eco-systems, but also seeps into the groundwater, harming drinking water sources. Furthermore, it leads to mosquito infestations, allowing diseases like West Nile Fever to spread. | Duties and Responsibilities | The legal expert is expected to undertake the following responsibilities under the supervision of UNDP/PAPP, and in close cooperation with the Palestinian Water Authority. - To research model cases applied between states for the management of cross boundary wastewater, specially, but not limited, to cases involving International Humanitarian Law.
- To consult with the Palestinian Water Authority and draft a legal agreement on the cross boundary wastewater management; to communicate with the relevant Israeli counterparts with the consent of the Palestinian Water Authority for the purpose of discussion and consensus on the proposed legal arrangement.
- The draft of an agreement for cross boundary wastewater management will be prepared in close consultation with UNDP/PAPP, the Palestinian Water Authority and technical experts. The agreement shall handle the following main issues pertaining to cross boundary wastewater management but not limited to:
- Rules, procedures and technical solutions pertaining to the management of cross boundary wastewater that flows in both directions across the borders, including a mechanism of dispute resolutions and/or arbitration.
- A legal framework for costs and tariff mechanisms pertaining to the management of cross boundary wastewater that should be similar for both parties, taking into consideration the value of the treated wastewater, and mutually agreed adjustments of costs and tariffs over time.
- A legal structure for the financial procedures that shall be applied by the parties to reimburse the other side against the management of the cross boundary wastewater.
- To address other potential legal issues pertaining to the management of cross boundary wastewater, including a comprehensive review of both Israeli domestic law regarding environmental protection which address pollution and waste, and Israel’s international obligation and responsibilities through International Humanitarian Law and Environmental Law, both customary and treaty commitments, with regard to protection of natural resources.
4. To prepare a monthly progress report and adjust the monthly work plan based on it. | Competencies | Objectives of assignment Within the context of the Peace Building Project implemented by UNDP/PAPP, and pending a resolution of the settlement question, an agreement between the Palestinian Water Authority and the relevant Israeli Authority on cross boundary wastewater management shall be developed. Therefore, a legal expert will support the Palestinian Water Authority to prepare an agreement with the relevant Israeli authority indicating the Obligations and Responsibilities for cross boundary wastewater management on both sides of the borders and the associated financial arrangements. Deliverables - Monthly progress reports: End of every month
- Draft Agreement between the Palestinian Water Authority and the relevant Israeli authority: Within 3 months
- Final Model Agreement : End of 6 months
| Required Skills and Experience | - The post is open for experts, who should have an advanced degree in law from a recognized university with a sound knowledge of international law, with at least 8 years of experience.
- Excellent English drafting and communication skills are a must. Knowledge of Arabic will be an asset.
- Experience advising governmental agencies on legal environmental issues;
- Experience in drafting and negotiating intergovernmental environmental agreements;
- Experience in drafting environmental legislation in Arabic country a plus;
- Experience working in bilateral donor projects and studies on environmental management;
- Knowledge of cross boundary environmental laws notably addressing transboundary pollution and water/wastewater;
- Knowledge of international agreements applicable in Israel relating to environmental protection, notably waste management (Basel Convention);
- Familiarity with current and draft legislation and regulations on environmental protection, waste management, and waste management strategy of the hosting country (occupied Palestinian territory), and Israel;
- Knowledge of UNDP rules, procedures and regulations will be a plus.
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