SUMMARY OF THE PROJECT
Field Support Services Project (FSSP) is a five-year project (October 2019 – October 2024) funded by Global Affairs Canada (GAC) and managed by Cowater International. FSSP provides administrative, financial, procurement, and logistical services as well as support to the in-country development programming for the Government of Canada through the provision of technical specialists in gender equality, governance and human rights, and environment and climate action and assisting GAC in procuring and managing local development initiatives. These programs will take place in Indonesia and the ASEAN regions.
BACKGROUND
The Sustainable Development of Artisanal Small-Scale Gold Mining in Indonesia project (SD-ASGM) is a five-year initiative focused on the development of an economically profitable, environmentally sound, and socially responsible artisanal and small-scale gold mining sector in Central Kalimantan and North Sulawesi in Indonesia. The Artisanal Gold Council (AGC) entered into a Contribution Agreement with Global Affairs Canada in August 2015 to implement the project in collaboration with the Government of Indonesia and other local partners.
While artisanal and small-scale gold mining (ASGM) is often associated with social and environmental degradation, it is in fact recognized by many countries and multilateral international development agencies, such as the United Nations and World Bank, as a significant poverty relief mechanism and an important opportunity for development. In Indonesia specifically, ASGM is an important income-generating activity that is present in almost all provinces. ASGM is the primary source of livelihood for approximately one million men and women, while an additional five million people derive livelihoods from secondary activities such as tools manufacturing, agriculture, and merchants. While regulations are in place to establish licensed formal ASGM operations in Indonesia, ASGM activities also occur informally within the country, the sector is still largely informal; Indonesia's Ministry of Environment and Forestry (KLHK) and Indonesian Ministry of Energy and Mineral Resources (ESDM) have reported that there are approximately 300,000 artisanal gold miners working at 1,000 informal sites across the country. ESDM estimates that in 2012, formal industry produced 66 tons of gold while informal ASGM produced between 65 to 135 tons. The informal portion of the sector has tended to thrive due to the challenges of corruption, the underground economy (e.g. illegal mercury trade and gold sales), and decentralized regulation. Formalization efforts face a variety of challenges such as inconsistent regulations, overlapping jurisdictions, corruption and governance issues, an established underground trade of mercury and gold, decentralized regulation, and Indonesia's diffuse and disconnected island geography.
The SD-ASGM project is built upon three pillars, (1) direct intervention through improved practices and education; (2) enhanced institutional and policy support for responsible ASGM activities; and (3) increased trade of responsible artisanal gold from Indonesian ASGM communities to via formal supply chains.
The activities of the three pillars are carried out within three project areas: Tatelu Village in North Minahasa District, North Sulawesi Province; Tobongon Village in East Bolaang Mongondow District, North Sulawesi Province; and Parenggean sub-district in East Kotawaringin District, Central Kalimantan Province.
As part of Canada's further support to the SD-ASGM, the Canadian Embassy will soon provide Technical Assistance (TA) to ensure proper handover of the three facilities. The Project plans to transfer the facilities on a staggered basis starting in the third week of April 2021 with Tatelu, then third week of May in Tobongon, and finally, the third week of June for Parenggean. Deployment of this TA is expected in February 2021.
The Project Steering Committee (PSC) has the final word on the transfer of facilities. In this regard, the Project will make a recommendation to the PSC a month before any transfer is effected, on the ability of a project beneficiary or their operating entities to accept, manage, and operate a given facility prior to any transfer, including the possession of all permits, licences, and other pertinent documents or materials to legally operate the facility. The Project will transfer the facility once the PSC gives its approval.
OBJECTIVE
GAC requires the services of a Legal Specialist (the Consultant) to support the SD-ASGM project in ensuring the proper handover of the three facilities in Tatelu, Tobogan and Parenggean to specific entities to increase the sustainability of the facilities. In doing so, the Consultant will support and provide technical and legal advice to GAC including advice on the possession of all permits, licenses, and other pertinent documents or materials to legally operate the facility. Additionally, the Consultant will review some agreements that need to be completed prior to the handover.
The Consultant will report to: GAC Legal Sector Lead in Jakarta.
DESCRIPTION OF SERVICES
The expected services of the Legal Specialist will include, but not be limited to:
1. Provide legal advice for a smooth handover of the three facilities in Tatelu, Tobogan and Parenggean. In doing so the Legal Specialist will:
- Advise on the strategic legal framework developed by the project partner for the handover according to the relevant legislation.
- Analyze issues and evaluate evidence presented.
- Provide legal advice during the preparation phase of handover.
- Review draft work plan of the handover of the three facilities submitted by the project partner.
- Liaise with other entities as is necessary to facilitate negotiations and the resolution of conflicts in relation to the conduct of handover.
2. Recommend amendments to the draft agreements based on legal aspects. In doing so the Legal Specialist will:
- Provide legal advice on and review of legal documents in relation to the handover of the three facilities, project documentation and project implementation in view of the prevailing related laws and regulations;
- Provide legal advice on the interpretation and application of applicable legal frameworks;
- Prepare opinions in a timely manner by identifying loopholes and exhibiting sound and accurate conclusions; and
- When required, accompany SD-ASGM Unit to meetings or discussions with related stakeholders concerning the implementation of the handover.
3. Providing oral and written briefings on any of the above services through ad-hoc and regular meetings/conference calls with GAC Sector Lead Jakarta, GAC HQ specialists, and team.
4. Providing other assistance as may be required by GAC.
DELIVERABLES/OUTPUTS
The Legal Specialist is expected to work in close cooperation with GAC Legal Sector Lead in Jakarta to produce deliverables as follows:
- Smooth handover of the three facilities in Tatelu, Tobogan and Parenggean to specific entities based on the pre-established criteria within the defined timeframe.
- Final draft agreement of the handover documents approved by GAC.
- Handover agreements are signed by GAC representatives and the beneficiaries.
DESCRIPTION OF THE CONSULTANT'S PROFILE
GAC requires the services of a national expert with legal expertise and solid knowledge of natural resource governance and environmental science, strong relationship with Government partners, and experience working with international development partners.
COMPETENCIES
- Comprehensive knowledge of Indonesia's constitutional law, business laws, commercial and trade practices.
- Experienced as an asset legal expertise in mining, in particular small and medium-sized mining industries.
- Have a good knowledge of asset handover policies and concepts as well as the prevailing laws and regulations in Indonesia.
- Ability to deliver quality reports/analysis/assessments in a short time.
- Good facilitation skills and ability to generate ideas from, and build consensus among, a wide variety of stakeholders.
- Ability to negotiate.
- Good time management and organizational skills.
- Sound English and Indonesia language capability (written and spoken) and reporting writing skills.
- Competence in the use of computers.
REQUIRED SKILLS AND EXPERIENCE =
The Consultant is expected to possess skills and experience in the following areas:
- Minimum of 5 years experience in legal drafting, academic manuscript development, and policy facilitation, preferably at national level.
- Experience working with Government partners as well as other stakeholders (private sectors, development partners, and NGOs).
EDUCATIONAL BACKGROUND
- Master's degree in law, social science, government or public policy, preferably with experience in natural resource governance and environmental science.
LANGUAGE REQUIREMENTS
The Consultant must possess the following levels in English:
Oral = 4 – Advanced Professional Proficiency
Reading = 4 – Advanced Professional Proficiency
Writing = 4 – Advanced Professional Proficiency
WORKING ARRANGEMENTS
The Consultant will work from his/her home base with virtual meetings/interviews with GAC colleagues and relevant partners. As necessary, in producing analysis/report/briefs, the Consultant may need to do his/her own literature review and perform triangulation by interviewing experts.
The Consultant will submit deliverables to GAC Legal Sector Lead in Jakarta. A consultant evaluation will be completed in order for regular payment to be released upon satisfactory delivery of the assignments. In the event that travel to other regions or cities is necessary, all necessary costs will be borne by GAC, through the Indonesia/ASEAN Field Support Services Project (FSSP).
DURATION OF THE CONTRACT
The total expected duration of the assignment is up to 25 days and the contract ends on July 31, 2021. All reports must be finalized and submitted within this period. The Consultant is expected to start early March 2021.
Payments will be processed against the reports (deliverables) therefore a financial report is requested versus each deliverable, giving the opportunity for the Consultant to manage the number of days to spend on each deliverable within the defined timeframe.
HOW TO APPLY:
Interested individual consultants must include the following documents when submitting the applications to admin@fssproject.com latest by 26 March 2021:
- CV indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Candidate and at least three (3) professional references.
- Brief statement as to why the individual considers him/herself as the most suitable for the assignment.
- Financial Proposal shall be submitted in the following format:
- The financial proposal should specify an all-inclusive daily rate for up to 25 working days;
- The financial proposal must be all-inclusive and take into account various expenses that will be incurred during the contract, including: the daily professional fee and when applicable any other relevant expenses related to the performance of services under the contract, not including travel expenses.
Qualified women are encouraged to apply.
Due to the large number of applications we receive, we are able to inform only the successful candidate(s) about the outcome or status of the selection process.
*The above provides a summary of the opportunity. Please view the attached document for the full Terms of Reference.
ABOUT US
With more than 35 years' experience, Cowater International is Canada's global leader in management consulting services specializing in international development and has managed the implementation of over 800 projects in more than 80 countries around the globe. We work with governments, partner organizations, communities and civil society to design and implement sustainable solutions that generate lasting social, financial and environmental impacts. Our adaptive approach to management has led to our award-winning work and recognition as one of Canada's Best Managed Companies in 2017, 2018 and 2019. Headquartered in Ottawa, Canada, Cowater International also has corporate offices in Montreal, Quebec; London, United Kingdom; Nairobi, Kenya; and Brussels, Belgium, in addition to project offices in a wide variety of other locations across Sub-Saharan Africa and Asia.
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