Legal Expert: Amendment of Protocol Concerning Protected Areas and Wild Fauna & Flora for the Eastern African Region, Nairobi, Kenya at United Nations Environment Programme (UNEP)

Result of Service

The purpose of the consultancy is the preparation of a report on the text of the Protocol concerning protected areas and wild fauna and flora of the Eastern African region by: i. elaborating the justification for amendments to the protocol including the why and the how of amending specific articles;

ii. Reviewing latest scientific reports on the status of critical habitats, species, and ecosystems on the Western Indian Ocean as the basis for proposed amendments of the Protocol and its annexes. These include the Marine Protected Areas Outlook, Critical Habitats Outlook, Sharks and Rays Review Report, among others;

iii. highlighting specific articles for review, updating or amendment in line with global instruments including CITES, CBD, CMS and ongoing discussions on protected areas, wild fauna and wild flora, Sustainable Development Goals, Aichi Biodiversity Targets, CBD post 2020 processes, the Paris Agreement, African Union Agenda 2063, including biodiversity conservation in areas beyond national jurisdiction;

iv. reviewing and amending the listing in the annexes of the Protocol, based on scientific rationale and including alien species category;

v. revamping the protocol to a practical and modern instrument (i.e. include aspects such as use of species as indicators of ecosystem health, use of management options, ecosystem-based management etc.).

Work Location

Home based

Expected duration

The duration of the contract is 8 months.

Duties and

Responsibilities

INTRODUCTION

The programme on capacity building related to Multilateral Environmental Agreements (MEAs) in the African, Caribbean and Pacific (ACP) countries results from a partnership between the European Commission (EC), the Secretariat of the African, Caribbean and Pacific Group of States (ACP secretariat), the United Nations Environment Programme (UNEP) and the Food and Agriculture Organization of the United Nations (FAO). The aim of the programme is to empower key stakeholders to address environmental challenges and to reap the benefits of improved environmental management at the national and regional level. In the context of the Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean region (Nairobi Convention), Phase III of the ACP MEAs Programme aims at better management of coasts and oceans, enhancing ocean governance and effective implementation of the Convention. The programme will support the strengthening of the governance framework of the Nairobi Convention and its associated protocols, the development of a regionally representative network of marine protected areas and enhance measures for reducing the influx of waste entering the marine environment.

With support from the project on Enforcing Environmental Treaties in African, Caribbean and Pacific (ACP) Countries- ACP-MEAs III, the Secretariat for the Nairobi Convention is updating its legal and implementation framework in line with emerging environmental issues, and ongoing regional and global processes. More specifically, the Secretariat is undertaking a review of the Protocol concerning protected areas and wild fauna and flora of the Eastern African region to the 2010 Amended Nairobi Convention. This initiative is in response to the intensification of pressures resulting from both anthropogenic and natural factors including over-exploitation of natural resources, conversion of coastal habitats for other uses such as agriculture, aquaculture, port/harbor expansion or urban development and climate change that have led to the degradation of coastal and marine biodiversity, habitats and ecosystems in the Western Indian Ocean region. Additionally, a review of the Protocol is needed to incorporate recent and ongoing global biodiversity commitments and processes.

For this purpose, the Nairobi Convention Secretariat is seeking the services of an experienced and qualified legal expert to: (i) review the Protocol concerning protected areas and wild fauna and flora of the Eastern African region (the Protocol) in line with decision CP9/5.1 of the Ninth Conference of Parties to the Nairobi Convention (COP9) in which Contracting Parties agreed to initiate the process of amending the Protocol and the annexes thereto in line with the provisions of the Convention; (ii) provide legal support to Contracting Parties of the Nairobi Convention during regional consultations on the amendment of the Protocol in line with decision CP9/5.2 in which Contracting Parties requested the Secretariat in collaboration with partners, to organize consultations and support the process of amending the Protocol and the annexes thereto, and to report thereon to the next Conference of Parties.

A consultancy contract will be awarded to a qualified legal expert with regional experience in the development and implementation of environmental legal agreements in the coastal and marine environment of the Western Indian Ocean region as well as excellent policy and legal analysis and drafting skills. The legal expert (hereinafter referred to as 'Consultant') will be required to work according to detailed Terms of Reference contained in the following sections.

SCOPE

The amendment of the Protocol is being developed pursuant to decision CP 9/5 of COP9. The amendments to the Protocol and its annexes will aim to strengthen the legal framework of the Protocol to a more effective regime for biodiversity conservation, and management of marine and coastal ecosystems across sectors and national boundaries to achieve Ecosystem Based Management and sustainable development. The amendments will also aim to provide a stronger framework for addressing current and emerging threats to the marine and coastal environment of the Western Indian Ocean region.

The threats include anthropogenic pressures such as growing intensity of human settlements and unsustainable socioeconomic activities, natural disasters and climate change, and lack of adequate coordination of various sectors that have contributed to the haphazard coastal development, habitat degradation and declining ecosystem services. The review of the Protocol and its annexes shall be science-informed and take into account the latest scientific information available in the region including the Marine Protected Areas Outlook, Critical Habitats Outlook, Sharks and Rays Review Report and also involve all relevant stakeholders.

DUTIES AND RESPONSIBILITIES

The consultant will be under the direct supervision of the Head of the Secretariat for the Nairobi Convention. The consultant will undertake the following activities:

• Provide support to the Nairobi Convention Secretariat on the amendment of the Protocol concerning protected areas and wild fauna and flora of the Eastern African region and its annexes by: a) Analyzing the text and the annexes of the Protocol concerning protected areas and wild fauna and flora of the Eastern African region with a view to identify new and emerging environmental issues as well as ongoing global and regional discussions that should be taken into account in the review of the Protocol;
•  Highlighting areas and articles that require revision, updating and/or amendment, as well as propose other areas and issues that may be considered in order for the protocol to be a more modern and practical instrument. The review of articles to be amended shall be guided by ongoing policy and political processes including the Sustainable Development Goals, Aichi Biodiversity Targets, CBD post 2020 processes, advances in blue economy and ocean governance, Paris Agreement, African Union Agenda 2063, and negotiations and processes on biodiversity conservation in Areas Beyond National Jurisdiction (ABNJ) ;
• Reviewing the annexes taking into consideration input of scientists in the Western Indian Ocean (WIO) region and synthesis reports on the species listed in the annexes of the Protocol. The review of annexes shall be guided by available scientific information in the Western Indian Ocean region including the Marine Protected Areas Outlook, Critical Habitats Outlook, Sharks and Rays Review Report, Region State of Coast Report in the Western Indian Ocean Region, and any other relevant reports and ongoing political and policy processes.
• Preparing an analysis/synthesis report on the justification of amending the Protocol and its annexes by incorporating the findings of (a) to (c) above.

Qualifications/special skills

• Academic Qualifications: Postgraduate degree in environmental law.
• Experience: A minimum 5 years of experience is required in legislation, drafting and legislative procedures related to biodiversity at national and regional level (especially in the Western Indian Ocean region), development and negotiation processes of Multilateral Environmental Agreements (MEA) relevant to biodiversity. Experience as presenter and moderator of MEA related technical and negotiation meetings of Parties would be desirable. Outstanding Interpersonal skills in moderating complex issues in politically challenging international environments and computer literacy (Microsoft Office, Internet) in preparation and delivery of presentations and efficient information materials is desirable. Ability to travel to and work in all Nairobi Convention countries is an advantage.
• Language: English and French are the official working languages of the United Nations. For this consultancy, fluency in oral and written knowledge of English is required.