Project: 00120361 Engagement Facility Project

National Legal Expert under the Support to formulating and adoption of National Environment Policy

Background

Environmental governance has evolved during the past decades to embrace complex challenges with respect to sustainable development, climate change and green economy, amongst others. In this context, the Republic of Mauritius (ROM) is developing new policy instruments and engaging into innovative measures to achieve an ecological transition. To this effect, the Ministry of Environment, Solid Waste Management and Climate Change (MESWMCC) has initiated the formulation of a master plan for the environment in the ROM, which will also address the environmental dimension of the Sustainable Development Goals (SDGs).

In this context, it is proposed to conduct two complementary consultancy studies, with the Institutional Expert assuming the role of overall Team Leader, to address the following key tasks:

1. Consultancy Study 1 (Institutional Expert):

1. to undertake an institutional assessment of the MESWMCC and the Department of Environment; and 
2. to edit the draft master plan, highlight key deliverables and prepare a succinct summary for policy makers.

1. Consultancy Study 2 (One International Legal Expert and one Local Legal Expert):

to undertake an in-depth review of the Environment Protection Act (EPA) and make recommendations to strengthen the EPA and assess the need for another overarching law to cater for sustainable development.

 Objective of the Assignment

The objectives of this assignment (Consultancy Study 2) are to undertake an in-depth review of the Environment Protection Act (EPA) and make recommendations to strengthen the EPA so that it improves response to the current and emerging challenges identified in the master plan. The recommendations shall also assess the need for another overarching law to cater for sustainable development and thereby make appropriate proposals.

Scope of Work

The UNDP Mauritius Country Office seeks to procure the services of a Local Legal Expert, who will work in close consultation with and under the lead of the International Legal Expert, to provide consultancy services as follows:

1. Carry out consultations with all relevant stakeholders, including the State Law Office and relevant Governmental Institutions, academia, NGO’s, civil society, the private sector and development institutions;
2. Carry out an in-depth review of the Environment Protection Act and environment-related legislations, including the identification of gaps and weaknesses with respect to the existing legal provisions and with respect to recommendations in the master plan;
3. Formulate regulatory provisions for new and emerging issues with respect to environmental sustainability, including concepts such as green and circular economy, nature-based solutions, sustainable consumption and production, resource efficiency, etc;
4. Make recommendations on possible legal and institutional frameworks that could facilitate the domestication of the provisions of Multilateral Environmental Agreements to which the ROM is a party (to ensure compliance to Regional and International commitments);
5. Undertake a desk review of international best practices regarding the mainstreaming of Sustainable Development principles and  the implementation of Sustainable Development measures into legal frameworks;
6. In line with the recommendations of the institutional expert, advise on potential legal provisions to address the coordination of Sustainable Development  in the ROM in line with the environmental dimension of the SDGs; and
7. Act as resource person for the validation sessions.

Deliverables

1. Inception Report and Workplan
2. Draft Report on the review of the Environment Protection Act and environment related legislations (inclusive of gaps and needs, and recommendations formulated)
3. Draft report on proposed Legal Framework(s) to address the coordination of Sustainable Development in the ROM (inclusive of the desk review of best practices and recommendations)
4. Final Report of the review of Environment Protection Act and environment-related legislations (including drafting the formulation of a new Environment Protection Act)
5. Final report on proposed Legal Framework to address the coordination of Sustainable Development in the ROM, inclusive of drafting a new framework Bill to address Sustainable Development

 Duration

The services of the consultant shall be required for a duration of 20 person days spread over 3 months, up to 18 December 2020.

Duty Station

Home-based for the consultant.

The Local Legal Expert is expected to participate in person for coordination meetings with the UNDP / MESWMCC and the validation session.

Submission of Application

Applications should be sent through  email : procurement.mu@undp.org on or before Wednedsay 07 October 2020 - 16:00 hours Mauritius time (GMT+4)

Annexes
Annex A - Letter of confirmation of interest and availability and Submission of financial proposal
Annex B - Model Contact IC
Annex C - UNDP GCC IC
Annex D - P11
Terms of Reference