Legislative Drafting Specialist
Details / requirements:
USAID Paani Program
Request for Applications
DAI seeks a Legislative Drafting Specialist – Short Term Technical Assistance for the USAID Paani Program. The Legislative Drafting Specialist will be based in Kathmandu. The main objective of this assignment is to provide technical assistance in reviewing relevant documents, outlining and drafting Aquatic Animals and Biodiversity Conservation Bill and Regulations to be promulgated under it after enactment of the Act, and Guidelines that will be developed under the Act and Regulations.
Applicants should submit a CV and cover letter to PANI_recruitment@dai.com by June 27, 2018.
Please mention the position in the subject line of the email.
Detail Scope of Work
POSITION: Legislative Drafting Specialist
TYPE OF EMPLOYMENT: Short Term Technical Assistance
PERIOD OF PERFORMANCE: On/about 15 July to October 31, 2018
LEVEL OF EFFORT: Up to 40 days (Intermittent)
BASE OF OPERATIONS: Kathmandu
1.BACKGROUND
The Paani Program—also known in Nepali as the “USAID Water Project”, यà¥à¤à¤¸à¤à¤¡ पानी परियोजन—is a 5 year, $25 million USAID-funded Project in Nepal. Water is the single most important natural resource underpinning Nepal’s economy and livelihoods. The sustainable management of water resources in Nepal depends on addressing climate change and protecting healthy, biodiverse ecosystems. Paani aims to enhance Nepal’s ability to manage water resources for multiple uses and users through climate change adaptation and the conservation of freshwater biodiversity. Paani employs an integrated, whole-of-basin approach with activities under four “intermediate result” (IR) areas at the watershed, river basin, and national scales to reduce threats to freshwater biodiversity and strengthen the resilience of targeted human and ecological communities in the Karnali, Mahakali, and Rapti river basins through improved water management.
This will be accomplished through 11 strategic approaches (SA) and four intermediate results (each with several sub-IRs), and supporting activities, as defined in Section C, Statement of Work (SOW) of the Paani Contract, Annual Work Plans, and a Monitoring and Evaluation Plan. These documents, as revised periodically, provide the framework and overall guidance for all Paani team members.
2.OBJECTIVES:
The main objective of this assignment is to provide technical assistance in reviewing relevant documents, outlining and drafting Aquatic Animals and Biodiversity Conservation Bill and
Regulations to be promulgated under it after enactment of the Act, and Guidelines that will be developed under the Act and Regulations. This activity falls under Paani strategic approach Strengthen policy and planning for integrated water resource management (SA 3a).
3.TASKS:
- The Legislative Drafting Specialist will support the above-noted activity by assisting Water and Energy Commission Secretariat (WECS) and other concerned and local governments to revise, update, and draft Aquatic Animals and Biodiversity Conservation Bills, Regulation and Guidelines including but not limited to:
- Review thoroughly and revise the Aquatic Animals and Biodiversity Conservation Bill drafted by USAID Paani program
- Review thoroughly the draft of the fishery development and conservation guidelines to be enforced by the local government
- Review whether the draft Bill adequately addresses substantive law related provisions, and if necessary, making recommendations for additional new provisions, or amendments of other existing provisions, that are necessary for delivering comprehensive Bill
- Identify the procedural law related provisions that are in the draft Bill that could be taken out from the draft Bill and included in the Regulations that will be drafted by Paani Program in due course
- Ensure the draft Bill, Regulations and Guidelines meet the Ministry of Law, Justice and Parliamentary Affairs’ legislative drafting norms and standards
- Work with Paani technical staff to ensure freshwater biodiversity conservation, co-management of river stretches by local governments and river communities to ensure freshwater biodiversity conservation in situ including management, sustainable use and equitable sharing of benefits, statutes of the community aquatic animals conservation group, and other necessary provisions are addressed in the draft Bills, Regulations and Guidelines.
- Review and identify good practices from other countries in co-management of aquatic biodiversity
- Review and revise different chapters of the Bill, Regulations and Guidelines to ensure that the final version of these legal instruments are consistent with chapters on offenses and penalty
- Share the revised draft of these instruments with Paani technical team members and incorporate provisions comments provided by the technical team
- Draft the final version of the Bills, Regulations and Guidelines for review by select local governments of Karnali Watersheds
4.DELIVERABLES:
- Final draft of the Aquatic Animals and Biodiversity Conservation Bills,
- Final draft of the Aquatic Animals and Biodiversity Conservation Regulations
- Final draft of the Aquatic Animals and Biodiversity Conservation Guidelines
5.QUALIFICATION :
- Master Degree in Law / Legal Studies
- At least 10 years of working experience focusing on drafting of Bills and Regulations
- Experience working / dealing with government officials / agencies
- Fluency in English and Nepali
6. LEVEL OF EFFORT/TIMELINE:
The level of effort for this assignment is 40 days spread over between on/about 15 July to 31 October, 2018.
7.SUPERVISION AND WORKING RELATIONSHIPS:
The Legislative Drafting Specialist will work under the overall guideline of the Paani Chief of Party or his designee and the supervision of Environmental Law and Policy Expert, and in close collaboration with Freshwater Fisheries Specialist and Chief Technical Specialist. The Legislative Drafting Specialist will collaborate with other Paani team members and partners as required.
Women and people from marginalized communities are highly encouraged to apply.