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1 Terms of Reference GENERAL INFORMATION Title: REDD+ Conflict Resolution and Indigenous Community Advocacy Support Specialist (National, 1 post) Project Name : REDD+ PMU Reports to: Technical Officer Duty Station: Jakarta Expected Places of Travel (if applicable): Jambi, Riau, West Sumatera Duration of Assignment: From January 2016 May 2016 (105 days) REQUIRED DOCUMENT FROM HIRING UNIT X TERMS OF REFERENCE CONFIRMATION OF CATEGORY OF LOCAL CONSULTANT, please select : 3 x (1) Junior Consultant (2) Support Consultant (3) Support Specialist (4) Senior Specialist (5) Expert/ Senior Advisor CATEGORY OF INTERNATIONAL CONSULTANT, please select : (6) Junior Specialist (7) Specialist (8) Senior Specialist APPROVED e-requisition REQUIRED DOCUMENTATION FROM CONSULTANT x CV x Copy of education certificate x Completed financial proposal Completed technical proposal ( if applicable ) Need for presence of IC consultant in office: partial (explain) Intermittent (explain) X full time/office based: nature of the consultant s works and deliverables will require a full time basis. Provision of Support Services: Office space: xyes No Equipment (laptop etc): Yes XNo Secretarial Services Yes XNo If yes has been checked, indicate here who will be responsible for providing the support services: Workstream Associate for Social Forestry, Conflict Resolution, and Indigenous People Recognition.
2 I. BACKGROUND Organizational Context UNDP partners with people at all levels of society to help build nations that can withstand crisis, and drive and sustain the kind of growth that improves the quality of life for everyone. On the ground in 177 countries and territories, UNDP offers global perspective and local insight to help empower lives and build resilient nations. UNDP Indonesia s mission is to be an agent for change in the human and social development of Indonesia. We, the UNDP Country Office (CO), aim to be a bridge between Indonesia an all donors as well as maintaining our status as a trusted partner to all stakeholders. We work in four key areas of development: Governance Reforms, Pro-Poor Policy Reforms, Conflict Prevention and Recovery, and Environment Management, with the overarching aim of reducing poverty in Indonesia. Besides the four priority areas, UNDP Indonesia is also engaged in a variety of crosscutting initiatives focused on HIV/AIDS, gender equality, and information and technology for development. Substantive Context The Government of Indonesia recognizes that unrestrained natural resource exploitation will undo existing development gains and render certain development goals unachievable. Neither do turnkey solutions for low carbon development exist. Thus, Indonesia continues to work to pioneer solutions for sustainable development. The commitment to balance and enable social equity, environmental health, and economic growth is clearly outlined within Indonesia s National Medium-Term Development Plan (RPJM-N) These goals are underpinned by Indonesia s unprecedented voluntary commitment to reduce greenhouse gas (GHG) emissions by 26% and up to 41% by 2020, with international support including the REDD+ Indonesia-Norway Partnership. Indonesia s successful actualization of sustainable development, including the protection of its vast forests, is critical not only for its own national development and wellbeing, but in its significant contribution to global climate change mitigation. To this end, Phase 1 of the REDD+ Partnership persistently emphasized collaborative ways to create enabling conditions for sustainable development: Work to strengthen the nation s geospatial infrastructure reinforced cross-ministerial collaboration. Information sharing under initiatives like the moratorium and tackling unsustainable environmental exploitation through a Multi-Door Approach to regulatory due diligence and law enforcement emphasised coordination and information sharing. Decade long participatory mapping efforts by masyarakat hukum adat (MHA) were integrated into the national One Map initiative. Key achievements include the release of the National REDD+ Strategy (Stranas) in September 2012, completing the groundwork for a Measurement, Reporting and Verification (MRV) system, the design and preparation of a Fund for REDD+ (FREDDI) and the development of safeguards called Principles, Criteria and Indicators for REDD+ Safeguards in Indonesia (PRISAI).
3 Following the completion of Phase 1, the National REDD+ Agency was established through Presidential Regulation 62/2013 to ensure the continued implementation of REDD+ in Indonesia. The Partnership entered into an Interim Phase centered on building the institutional capacity of the REDD+ Agency. This ensured that the foundational work completed by the Working Groups of the National REDD+ Task Force (SatGas REDD+) in gathering baseline information, supporting the establishment of and monitoring the moratorium, and ensuring the overall body of knowledge from Phase I was transferred. The Interim Phase also included a portfolio of time sensitive issues including preventing forest and peat fires, implementing the Constitution Court Ruling No. 35/2012 (MK 35) recognizing the tenure rights of masyarakat hukum adat, land conflict resolution in national parks, and strengthening gender inclusion. Integration into Ministry of Environment and Forestry In 2014, the newly elected Jokowi-Kalla administration laid out their priority agenda, Nawa Cita, and decisively integrated Indonesia s on-going reforms for more efficient, transparent, and accountable government with the country s commitment to achieve the triple wins of sustainable development: social equity, economic growth, and environmental sustainability. REDD+ serves a critical role in helping fulfil the prioritization on alleviating rural poverty and enabling development, emphasizing good governance and anti-corruption as keys to improve forest and peat land management, and supporting the shift towards low emissions development, a commitment reflected by the decision of the Administration to reduce fuel subsidies by 70% between 2014 and Most markedly, these priorities resulted in merging the Ministries of Environment and Forestry (MoEF) or Kementerian Lingkungan Hidup dan Kehutanan (KLHK), and through Presidential Decree No. 16 of 2015 issued on 21 January 2015 consolidating ad hoc climate change related institutions including the REDD+ Agency and the National Climate Change Council (DNPI), previously responsible for representing Indonesia at the UNFCCC under the new Directorate General for Climate Change Control (DG-CCC) within the new Ministry of Environment and Forestry (MoEF). For the Partnership, this means continued implementation is led by a new Directorate General, where it is understood that REDD+, as a multi-sector programme, will be mainstreamed in policies and plans across several Directorate Generals (Echelon I) within the ministry, as well as with the requisite engagement of other relevant ministries. The new, more streamlined bureaucracy has the potential to ensure better coordination of climate change issues by one mandated body, including REDD+. The integration of the former National REDD+ Agency into the new directorate general includes responsibility for overseeing the entirety of the former Agency s mandate, namely coordinating, synchronising, planning, facilitating, managing, monitoring, supervising, and controlling the implementation of REDD+ in Indonesia and ensuring the following: 1. Decrease greenhouse gas (GHG) emissions due to deforestation; 2. Reduction of emissions from degradation of forest and peat lands; 3. Maintenance and enhancement of forest carbon reserves through conservation, sustainable forest management and rehabilitate and restoration of degraded forest land;
4 and 4. Improvement in environmental quality, biodiversity, and welfare of local communities and masyarakat hukum adat (MHA). While the integration of the REDD+ Agency into the new Directorate General delayed the start of Phase 2, this period has been instrumental to ensure thorough handover of the functions and responsibilities of the former REDD+ Agency to the DG-CCC. Transition Phase The Interim Phase remains the implementation platform of the Partnership for nine (9) more months. Under this arrangement, the Ministry of Environment and Forestry is mandated to establish both a REDD+ funding instrument and the mechanism for Measurement, Reporting and Verification (MRV).The Interim Phase will also focus on providing technical support to the MoEF on six priority REDD+ programs based on the foundational work completed in Phase 1 and by the former National REDD+ Agency, and in line with the objectives of Indonesia s National Medium- Term Development Plan (RPJM-N) These are: 1. Forest and Peat fire prevention in fire prone provinces; 2. Law enforcement, Legal review of licenses and compliance audit for fire management; 3. Improvement of community welfare and sustainable land and forest management through social forestry; 4. Resolution of land-related conflicts; 5. Participatory mapping of territories by masyarakat hukum adat and local communities; and 6. Institutional strengthening, stakeholder engagement and awareness raising on related social, economic, and environmental issues for the preparation of Phase 2
5 II. SCOPE OF WORK, ACTIVITIES AND DELIVERABLES Under The guidance of the Director of Directorate of Land Tenure Conflict in the Directorate General of Social Forestry and Environment Partnership, and under the supervision of the Technical Officer the incumbent shall: 1. Provide desk review and analysis to prepare documentation, briefing papers and work sheet for conflict mapping and resolution process according to the prioritized conflict identification by the Ministry of Environment and Forestry. 2. Provide technical support to the Ministry of Environment and Forestry in developing further documents and guidelines in order to improve the existing national strategies and framework on conflict resolution and Adat community recognition. Technical supports include but not limited to: preparation of supporting data and minutes of meeting, selection and review the relevant documents, maintain conflict mapping database. 3. Provide technical support to work stream component 3 (Conflict Resolution) for assisting the Ministry of Environment and Forestry prior to meetings and discussion with related stakeholders, including but not limited to preparing presentations and facilitating discussion land-based conflict resolution. 4. Provide technical support on reviewing the existing national and sub-national conflict identification and mapping activities and outputs that can contribute to the improvement of the conflict resolution among government entities, private entities, communities, and indigenous people. 5. Develop database, ensuring proper documentation and archiving of reports on land-based conflict mapping and resolution in targeted REDD+ provinces. 6. Develop good flow of communication among stakeholders and relevant parties in the Ministry of Environment and Forestry. 7. Provide documentations/ reports on discussions/ meetings/ workshops conducted by the REDD+ projects and Ministry of Environment and Forestry. Expected Outputs and Deliverables: No Deliverables/ Outputs Estimated Number of Working days Completion Deadlines Review and Approval required 1 Progress and update report on desk review and analysis, briefing papers and work sheet for conflict mapping and resolution process 2 Progress and update report on the development and improvement of the existing national strategies and framework on conflict resolution and Adat community recognition. Progress report on the mapping of database as well as report on the stakeholder consultation process and incorporation of inputs and feedback into the framework and guidelines documents. 3 Report on the technical assistance on the work of workstream component 3 (Conflict Resolution) engagement with related stakeholders, including but not limited to the preparation of presentations and facilitation and discussion on land-based conflict 21 days 31 January Days 28 February days 31 March 2016 Technical Officer Technical Officer Technical Officer
6 resolution. Review report on the existing national and sub-national conflict identification and mapping activities and outputs that can contribute to the improvement of the conflict resolution among government entities, private entities, communities, and indigenous people. 4 Progress report on the database development and documentation reports on land-based conflict mapping and resolution in targeted REDD+ provinces. Report on the development of good flow of communication among stakeholders and relevant parties in the Ministry of Environment and Forestry. 5 Report on the documentations/ reports on discussions/ meetings/ workshops conducted by the REDD+ projects and Ministry of Environment and Forestry on Conflict resolution process 21 days 30 April 2016 Technical Officer 22 days 31 May 2016 Technical Officer III. WORKING ARRANGEMENTS Institutional Arrangement With the integration of the REDD+ Agency (BP REDD+) into the Ministry of Environment and Forestry (MoEF) by the Presidential Regulation 16/2015, there is an urgent need to strengthen the capacity of MoEF in terms of REDD+ and to ensure smooth technical knowledge transition from BP REDD+ to MoEF. To ensure a successful output delivery of REDD+ project, particularly in the management and resolution of land-based conflict, a support specialist will be hired. Duration of Work The duration of this work is expectedly to be completed in five months with total of 105 working days and could be extended depend on the need of the Ministry of Environment and Forestry as well as the satisfactory level upon the consultants performance. Duty Station The duty station will be in Jakarta, particularly in the Ministry of Environment and Forestry Office, the post will be in intensive coordination and interaction with personnel within the Ministry as well as key high level decision makers within the Ministry. The work dynamics also do not close the possibility to have intensive coordination with relevant line ministries such as the Ministry of Home Affairs, and the Ministry of Village, Acceleration of Less-Developed regions, and Transmigration as well as Province and district governments.
7 Travel Plan Below is the indicative travel plan for the consultant during the duration of assignment. The consultant will be required to below indicated destination and include the relevant cost in the proposal. There may also be unforeseen travel that will come up during the execution of contract that will be agreed upon ad-hoc basic. No Destination Frequency Duration/days 1 Riau 4 times during the whole assignment 2 Jambi 6 times during the whole assignment 3 West Sumatera 2 times during the whole assignment 12 overnight stays in total 18 overnight stays in total 8 overnight stays in total IV. REQUIREMENTS FOR EXPERIENCE AND QUALIFICATIONS I. Academic Qualifications: Bachelor degree in Anthropology, Sociology, Law Science, Public Policy and other related fields. II. Years of experience: Possess minimum 3 years of working experience in forestry management and community advocacy in regards to natural resource management and policy-making. Possesses experience in policy analysis, legal and advocacy work in relation to conflict resolution environment and forestry sector for minimum 2 years is mandatory Have been working in one or more of the targeted province i.e. Jambi, Riau and West Sumatera minimum for two years. III. Competencies: Extensive knowledge on climate change mitigation and adaptation strategies and concept; Extensive knowledge of conflict resolution, and environmental, forest governance, Demonstrated ability to write guidelines, protocol and operational procedures related to forestry and environment activities. Excellent knowledge on REDD+ concepts. Ability to work comfortably at national, sub-national and community levels with diverse range of forestry and environment related- stakeholders, including.
8 Fluent in written and spoken Indonesian and proficient in English Corporate Competencies: Demonstrates integrity by modelling the UN's values and ethical standards; Promotes the vision, mission, and strategic goals of UNDP; Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability; and Treats all people fairly without favouritism. Functional Competencies: Knowledge Management and Learning: Promotes knowledge management in UNDP and a learning environment in the office through leadership and personal example; and Actively works towards continuing personal learning and development in one or more practice Areas, acts on learning plan and applies newly acquired skills. Development and Operational Effectiveness: Ability to conceptualise issues and analyse data; Ability to coordinate the work of others; Ability to implement new systems (business side), and affect staff behavioural/attitudinal change; Good knowledge of Results Management Guide and Toolkit; and Ability to demonstrate good knowledge on Climate Change and/or REDD+ issues. Management and Leadership: Builds strong relationships with clients, focuses on impact and result for the client and responds positively to feedback; Consistently approaches work with energy and a positive, constructive attitude; Demonstrates openness to change and ability to manage complexities; Leads teams effectively and shows mentoring as well as conflict resolution skills; and Demonstrates strong oral and written communication skills. Other Requirements: In addition to the scope and output stated above, the incumbent will be required to undertake other ad hoc tasks that may arise during the contract period. These tasks will be delegated by the incumbent s Social Forestry who will ensure that these ad hoc tasks do not impede on the incumbent s ability to meet contractual obligations/deliverables. All materials and other intellectual property produced while working under contract including, but not limited to, documents, presentations, white papers, photographs and other media, will remain the property of Ministry of Environment and Forestry and are required to be submitted to Social Forestry for archiving.
9 V. EVELUATION METHOD AND CRITERIA Individual consultants will be evaluated based on the following methodologies: Cumulative analysis When using this weighted scoring method, the award of the contract should be made to the individual consultant whose offer has been evaluated and determined as: a) responsive/compliant/acceptable, and b) Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation. * Technical Criteria weight; 70% * Financial Criteria weight; 30% Only candidates obtaining a minimum of 70 points would be considered for the Financial Evaluation Criteria Weight Maximum Point Technical 70% 100 Criteria A: qualification requirements as per TOR: 1. Relevance of Education/ Degree 2. Years of Relevant Experience 3. Regional Experience 4. Adequacy of Competencies for the Assignment 5. Others / Special Skills, Language, etc Criteria B: Brief Description of Approach to Assignment Criteria C: Further Assessment by Interview (if any) Financial 30% 30
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