Legal and Technical Support Consultant for UN REDD+ Safeguards

Result of Service The main objective of this consultancy is to provide legal and technical support for the implementation of the Safeguards Information Module in Peru, as well as for the formulation of the proposed regulation that regulates the processing, management, and provision of information on addressing and respecting safeguards in Peru.

In addition, consultant will deliver the following documents related to his/her work:

a) Legal analysis at the level of guidelines, regulations, laws and other relevant national and international (legal) instruments, identifying legal gaps, to ensure compliance with safeguards in Peru through the REDD+ Citizen Attention Mechanism.

b) Technical and legal review report on REDD+ Safeguards A and B, including analysis of proposed means of verification to demonstrate compliance in Peru.

c) Technical and legal review report on REDD+ Safeguards C and D, including analysis of proposed means of verification to demonstrate compliance in Peru.

d) Technical and legal review report on REDD+ Safeguards E, F y G, including analysis of proposed means of verification to demonstrate compliance in Peru.

e) Preliminary elaboration of the normative proposal on addressing and respecting of REDD+ safeguards in Peru, which includes the analysis of the most adequate legal instrument through which it is proposed to approve the REDD+ safeguards regulation.

f) Preparation of the background documents for the public consultation process for the normative proposal on addressing and respecting of REDD+ safeguards in Peru, including, for example, drafts of the guidelines for the technical report, inputs for the ministerial resolution.

g) Report on the required inputs for the socialization process of the REDD+ safeguards policy proposal with key stakeholders.

h) Elaboration of a public consultation matrix with the contributions, comments and/or suggestions to the normative proposal on REDD+ safeguards, which includes the analysis of the input and proposed responses.

i) Update of the REDD+ safeguards regulatory proposal with the incorporation of the contributions received in the public consultation process.

j) Preparation of the documentation required for the approval of the REDD+ safeguards-related regulation by MINAM. ( regulation guidelines, technical report supporting the regulatory proposal, draft ministerial resolution or supreme decree approving the regulation, as appropriate).

k) Legal analysis and recommendations for the implementation of REDD+ safeguards articulated with regulations (on RENAMI, REDD+ actions and REDD+ Citizen Attention Mechanism and Safeguards Information Module).

The consultant will carry out the following tasks and responsibilities:

1 Review the technical-regulatory proposals related to addressing and respecting REDD+ safeguards prepared by the Ministry of Environment (REDD+ Safeguards Information Module, National Registry of Mitigation Measures, REDD+ Citizen Attention Mechanism, among others).

2 Propose the necessary changes to optimize the technical and regulatory proposals for REDD+ safeguards in Peru.

3 Review and optimize verification mean to demonstrate respect for REDD+ safeguards in Peru, considering national legislation and international standards on the subject.

4 Attend regular meetings that are convened by the General Directorate of Climate Change and Desertification on the subject.

5 Carry out the analysis of the contributions and comments submitted to the normative proposals for REDD+ safeguards in Peru and prepare the response matrix, as appropriate.

6 Advise the General Directorate of Climate Change and Desertification in legal activities related to REDD+ safeguards.

7 Review and prepare the necessary documents for the public consultation of the normative proposals for REDD+ safeguards and their approval, where appropriate.

Work Location Ministry of Environment, MINAM offices

Expected duration 11 months

Duties and Responsibilities The United Nations Environment Programme (UNEP) is the leading global environmental authority that sets the global environmental agenda, promotes the coherent implementation of the environmental dimension of sustainable development within the United Nations system and serves as an authoritative advocate for the global environment. Its mandate is to coordinate the development of environmental policy consensus by keeping the global environment under review and bringing emerging issues to the attention of governments and the international community for action.

The UNEP Latin America and the Caribbean Office (LACO), located in Panama City, Panama works closely with the 33 countries of the region and its activities are integrated into the Medium-Term Strategy and the Programme of Work approved by the United Nations Environment Assembly (UNEA).

Peru has strong national commitments and policies in place on climate and forests. In December 2020, Peru presented its updated NDC report for 2021-2030 in which it increased its commitment of GHG emissions reduction from 30% to 40% against the BAU scenario in 2030, with forests as an important part of the mitigation contribution.

Peru’s climate and forest policy is structured around its Framework Law on Climate Change (Law Nº 30754) and its regulation (Supreme Decree Nº 013-2019-MINAM), its National Forests Conservation Programme for the Mitigation of Climate Change (Forests Programme) (Decree Supreme N° 008-2010-MINAM), as well as its National Strategy for Forests and Climate Change (ENBCC) (Supreme Decree Nº 007-2016-MINAM). The Framework Law on Climate Change’s regulation states the Ministry of Environment (MINAM) is the responsible entity to identify and classify REDD+ actions in the framework of the ENBCC; measure LULUCF (Land Use, Land-Use Change and Forestry) emissions and emissions reductions; manage and periodically update information on safeguards; manage and distribute REDD+ benefits payments; and design and implement the Citizen Attention Mechanism (MAC). The regulation also establishes the National Registry for Mitigation Measures (RENAMI), which aims to avoid double counting and serves as a tool to keep track of all mitigation measures, whether destined for Peru’s NDC or for international trade. The provisions for the functioning of RENAMI were published for public consultation, the results of which are being analysed.

In addition to the aforementioned ENBCC, Peru has also completed the other main elements of REDD+ readiness under the Warsaw Framework. Peru published its first summary of safeguards information in early 2020, covering the period 2012-2019, and has finalized and launched an initial version of its safeguards information system, the Safeguards Information Module (MIS, according to its Spanish acronym). In addition, Peru has developed a Citizen Attention Mechanism (MAC), which is linked with the MIS. Peru will work on piloting the MIS and MAC including at the regional level, as well as collecting, analysing, and reporting information provided by proposing or implementing entities for REDD+ actions.

A number of commitments and partnerships have been developed in support of REDD+ implementation in Peru. The Joint Declaration of Intent (JDI) is an international cooperation agreement on REDD+, updated in May 2021, with endorsement from the governments of Germany, Norway, UK and the USA. This agreement includes performance finance for REDD+, under ART certification, which requires compliance with The REDD+ Environmental Excellence Standard (TREES). In this line, Peru is committed to updating its JDI’s Phase 2: “Transformation”, by establishing clear annual GHG emissions from deforestation and forest degradation reduction targets to inform resource allocation. Such targets should be the result of a participatory process between national sectors, Amazonian regional governments, and indigenous organizations. Additionally, the JDI addendum confirms Peru is committed to reducing its GHG emissions for compliance with the NDCs by accessing Phase 3: “Contributions for verified emission reductions”, or payment by results, in line with the TREES Standard and considering national circumstances.

UNEP, through the UN-REDD Programme, has been supporting the work of Peru on preparation for and implementation of REDD+, including developing the approaches and systems necessary to ensure environmental and social integrity. As part of this process, UNEP is now supporting the implementing and piloting of the MIS and MAC, and meeting safeguards requirements related to ART-TREES. This process will take place with stakeholder engagement, including with Indigenous Peoples and local communities (IPs and LCs) and a gender approach, and will be integrated into the overarching work on nesting approaches with the RENAMI, which includes integrating REDD+ activities and projects into a unified accounting and crediting system, ensuring alignment for emissions accounting and social and environmental safeguards with higher-level jurisdictional systems.

This consultancy is part of the strengthening of MINAM's safeguards capacities and will provide legal and technical assistance for the operation of the Safeguards Information Module in Peru. It will also serve for the formulation of the normative proposal that regulates the process, management, and provision of information on addressing and respecting the REDD+ safeguards.

The Consultant will be supervised by the Programme Manager Officer UN-REDD Programme for UNEP Latin America and Caribbean Office and will work 40 hours per week, from Monday to Friday, full time in the Ministry of Environment, MINAM offices in Lima, Peru. For daily work, the consultant will coordinate with MINAM's Climate Change Mitigation Department.

Qualifications/special skills ACADEMIC

- Bachelor’s degree in law. (required).

PROFESSIONAL

- General experience of at least five (5) years in public sector entities. (required). - Specific experience of at least four (4) years in forest legislation, environmental law, or natural resources. (required). - Knowledge of topics related to Indigenous Peoples and REDD+. (desirable).

Languages- Fluency in Spanish is required. - Basic in English desirable.

No Fee THE UNITED NATIONS DOES NOT CHARGE A FEE AT ANY STAGE OF THE RECRUITMENT PROCESS (APPLICATION, INTERVIEW MEETING, PROCESSING, OR TRAINING). THE UNITED NATIONS DOES NOT CONCERN ITSELF WITH INFORMATION ON APPLICANTS’ BANK ACCOUNTS.