MyIC/2012/022 Consultant - Legal and Policy Framework, Safeguards and Benefit Distribution under National REDD+ Implementation in Malaysia

Background:

Reducing Emissions from Deforestation and Forest Degradation (REDD+) is a mechanism to create incentives to protect, better manage and wisely use forest resources, in line with the global fight against climate change. The Ministry of Natural Resources and Environment is now taking the lead to develop a National Framework for REDD+ that includes the policy, legal and institutional components for REDD+, exploring and providing recommendations on sustainable funding mechanism for REDD+ implementation, as well as improving capacity and stakeholder participation in REDD+ management. The framework will build upon on-going best practices being undertaken in managing the forest, and will enable decision makers to make informed decisions related to REDD+ based on national and international circumstances, taking various costs and benefits into consideration. Activities carried out through this project must ‘do no harm’, and contribute to improving livelihoods. The rationale behind introducing a REDD+ mechanism is to make protection of forest and carbon stocks a viable option. 
The project will be implemented by the Ministry of Natural Resources and Environment, NRE. Component two will result in (i) a draft national legal framework for REDD+ to be endorsed by the National Committee on REDD+, and (ii) a proposed Benefit Distribution System (BDS) and social and environmental safeguards information system, based upon the principle of Free Prior Informed Consent (FPIC). 

The consultant will work closely with the project team, consisting of the REDD+ Unit within the Ministry, the Project Manager and consultant for the other two project components. 

The Consultant will also be required to coordinate and validate the technical issues related to the tasks involved for the project component in conjunction with the Project Manager as well as the other consultant and parties engaged.  The person will be expected to prepare reports, presentations, and lessons learned, as needed, and present relevant documentation for capacity building of other project partners and stakeholders. The consultant will be required to coordinate and validate the technical issues related to the tasks related to the Benefit Distribution System (BDS) and the Free Prior Informed Consent (FPIC) procedures under this project component. Additionally, the consultant will have to coordinate the work of the sub-committee under the Technical Committee on REDD+ implementation which is set up to advice on the legal and policy framework development for REDD+ implementation. 

The consultants will be working with the project team based in NRE, Putrajaya.

Any request for clarification must be send in writing to rfp@undp.my. Please write the Project Code in your e-mail heading.

Deadline for submitting requests for clarification/questions is 22 August 2012

1. Review on national laws, policy and governance and its capacity to enable REDD+ implementation, including proposal of amendments/additions to enable REDD+ implementation;
2. Stock-taking of baselines for benefits distribution system (BDS) and FPIC implementation in the different states of Malaysia, including stakeholders and safeguards mapping; and summary on BDS and FPIC, especially related to REDD+ on best practices available nationally and internationally;
3. Submission of a report on recommendations for legal and policy framework for forestry and land use issues related to generation of revenues from forest carbon and ecosystem services, and summary on international lessons learned on legal frameworks for REDD+ implementation; and identify strategies to include all relevant stakeholders and inform the larger REDD+ committee on issues related to FPIC and BDS; and
4. Recommendation paper on policy and legal framework including existing roles, responsibilities and benefits enjoyed by stakeholders in forest management in Malaysia, including:

• Proposal for amendments/ additions in policy and legislation to enable REDD+ implementation;
• Identification of gaps and identification of resources and capacity needs for BDS and FPIC implementation in REDD+ and proposal for an inclusive and transparent BDS for REDD+ activities, with clear indication on benefits from REDD+ activities (and eventual implementation) could be distributed fairly to relevant stakeholders with FPIC guidelines for REDD+ implementation in the Malaysian context.

TERMS OF PAYMENT:

• 1st month- Submission of signed agreement (10%)
• 3th month- (1) Review on national laws, policy and governance and its capacity to enable REDD+ implementation, including proposal of amendments/additions to enable REDD+ implementation; stock-taking of baselines for benefits distribution system (BDS) and FPIC implementation in the different states of Malaysia, including stakeholders and safeguards mapping; and summary on BDS and FPIC, especially related to REDD+ on best practices available nationally and internationally.  (2) Submission of a report on recommendations for legal and policy framework for forestry and land use issues related to generation of revenues from forest carbon and ecosystem services, and summary on international lessons learned on legal frameworks for REDD+ implementation; and identify strategies to include all relevant stakeholders and inform the larger REDD+ committee on issues related to FPIC and BDS. (20%)
• 5th month - Submission of first draft recommendation paper on policy and legal framework including existing roles, responsibilities and benefits enjoyed by stakeholders in forest management in Malaysia, including proposal for amendments/ additions in policy and legislation to enable REDD+ implementation; and identification of gaps and identification of resources and capacity needs for BDS and FPIC implementation in REDD+ and proposal for an inclusive and transparent BDS for REDD+ activities, with clear indication on benefits from REDD+ activities (and eventual implementation) could be distributed faily to relevant stakeholders with FPIC guidelines for REDD+ implementation. (30%)
• 7th month - Submission of second draft recommendation paper on policy and level framework, with proposal for an inclusive and transparent BDS, with FPIC guidelines for REDD+ implementation (20%)
• 9th month · Submission of final draft recommendation paper on policy and level framework, with proposal for an inclusive and transparent BDS, with FPIC guidelines for REDD+ implementation (20%)

• Well-developed organizational and inter-personal skills;
• Self-driven and works well in teams;
• Able to coordinate and encourage multiple stakeholders’ contributions;
• Respects and appreciates diversity.   

Experience:

• At least 10 years of working experience in the field of environmental law development or implementation;
• Experience on benefits sharing and/or distribution especially in relation to multiple stakeholders;
• Familiarity with global best practices of Benefit Distribution Systems and Free Prior Informed Consent;
• Experience with coordinating stakeholder inputs;
• Extensive knowledge of successfully implemented environmental policies at federal and state level;
• Knowledge of the Malaysian government structure and roles of federal and state authorities related to land use and revenue;
• Experience in REDD+ or forestry related initiatives would be an added advantage;
• Familiar with the livelihoods of forest dependant local communities in Malaysia;
• Excellent command of the English and Bahasa Melayu in writing, reading and speaking.

TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS: 
Interested individual consultant(s)s must submit the following documents/information to demonstrate their qualifications.(IMPORTANT: These need to be submitted as ONE document)

• Proposal – Provide a brief methodology on how they will approach and conduct the work. The methodology must address all aspects of the TOR, implementation schedule, quality assurance measures if applicable;
• Financial proposal – Based on the deliverable and terms of payment, please provide a financial proposal;
• Personal CV
• UN P11* - (https://sas.undp.org/Documents/P11_Personal_history_form.docx) including past experience in similar projects and at least 2 references. 
  Incomplete applications will NOT be considered. Please make sure you have provided all requested materials.