National Legal Specialist (Carbon Rights)

Organizational Setting

The Food and Agriculture Organization of the United Nations (FAO) is a specialized technical agency of the United Nations. The FAO mission is to work toward the eradication of hunger and strive for food security for everyone as stated in the 2030 Agenda. The FAO’s Strategic Framework aspires to transform agri-food systems so that they are more efficient, inclusive, resilient, and sustainable. The ultimate goals of these efforts include better production, better nutrition, better environment, and better lives, while leaving no one behind. Under the UN REDD Programme, FAO is leading the coordination of delivery of the UN-REDD Technical assistance in Nepal, since 2012. The latest UN-REDD framework was established for the 2022-2025 period and commits to the Programme’s support to countries to deliver a set of outcomes that are started in in the UN REDD Results framework, this includes Outcome 2 “Forest Solutions Rewarded” which includes support activities to facilitate countries access to REDD result-based payments schemes, carbon markets and other transections under article 6 of the Paris Agreement. UN-REDD Results Framework provides an opportunity to support Nepal in line with the countries priorities and needs related to the three REDD phases.

General Description of Task and Objectives to be Achieved

Nepal has proposed a jurisdictional ER program including the entire area of its three provinces of Bagmati, Gandaki and Lumbini, to the LEAF Coalition, and was accepted on the side lines of the UNFCCC COP 26 at the end of 2021. The LEAF Coalition accepts proposals from jurisdictions/countries and requires the project proponents (“the Participant”) to go through the ART/TREES standard process – widely considered to be the gold standard in jurisdictional REDD -- to be validated of environmental and social integrity. The Government of Nepal has started the process towards ART/TREES registration with technical assistance from the UN-REDD Program, alongside other technical support offered through UK’s FCDO among others. The UN-REDD Program through FAO and UNEP has been approved to provide support for this work as approved in the 2023 UN-REDD Annual Workplan, with the REDD Implementation Center under the Ministry of Forestry and Environment (MOFE) as its main counterpart. One of the areas of work under the UN-REDD TA, is for FAO to fill technical gaps for Nepal related to the legal transfer of Emissions Reductions and Removals (ERRs) to the LEAF Coalition through an Emissions Reduction Payment Agreement (EPRA). Specifically, ART/TREES requires the following as part of the Registration Document: A description of the Participant’s rights to the ERR’s generated from the accounting area (regulatory frameworks, laws or administrative orders) or a description of how rights will be obtained in accordance with domestic law. It may not necessary for the Participant to establish or enact new legislation or a legal framework to address carbon rights. However, the Participant must explain how, under existing constitutional or legal frameworks, carbon rights and/or related intangible property interests, are established and addressed. This explanation should include how such carbon rights and/or intangible property interests would be established, the legal basis for creating such rights and interests, and how claims to such rights from private parties, Indigenous Peoples or subnational entities will be resolved (consistent with applicable UNFCCC Cancun Safeguards and Section 12.0 herein). To address the latter, the Participant must describe any agreements in place or that will be in place, for the transfer of TREES rights or benefit allocation arrangements with landowners / resource rights holders that exist between the Participant and project owners, landowners and/or other collective rights holders (including indigenous peoples and other traditional communities). TREES will only be issued that have demonstrated clear ownership or rights. Participants may provide this demonstration at a later date, within the same crediting period or during a subsequent crediting period (provided the crediting periods are adjacent). The legal basis for GoN to transfer ERRs has been reviewed and documented before, specifically in the context of Nepal’s Emissions Reduction Project under the Forest Carbon Partnership Fund (FCPF)’s Carbon Fund, as outlined under its Emissions Reduction Program Document (ie., Section 17 Title to Emission Reductions) and further elaborated from a benefit sharing perspective through its Benefit Sharing Plan (ie., Section 1.4 Legal context for benefit sharing of ERP in Nepal). The Concept Note submitted by GoN to ART/TREES in February 2022 is the latest document that elaborates on the legal basis for transfer of ERRs, including explanation of a newly promulgated legal document “Environment Protection Regulation 2020”. It is expected that GoN will pursue the same legal basis and arrangement (including benefit sharing plans) for transfer of ERRs under the LEAF jurisdictional project, as for Nepal’s FCPF Carbon Fund project – as this would create if it is confirmed that the 2020 Environment Protection Regulation does not have any new practical implications. It will also be important to review the implementation of the Carbon Fund experience to ascertain if the benefit sharing plan is functioning effectively, particularly where this concerns private forest owners, who have direct rights over their planted forests and therefore carbon.

Reporting Lines

The incumbent will work under the overall supervision of the FAOR, direct supervision of Assistant FAOR-Program in Nepal, while working closely with the REDD IC and in close coordination with the National Coordinator for UN REDD Technical Assistance to Nepal, and technical oversight by the responsible Regional Forestry Officer (LTO).

Technical Focus

The incumbent is responsible to document the review of legal rights to transfer ER under Carbon Fund and interpretation of Environment Protection Regulation 2020; and on the implementation of Benefit Sharing mechanism under Carbon Fund.

Tasks and Responsibilities

The Legal Specialist will perform the following activities:

• Review ART/TREES rules and legal requirements for LEAF ERRs program host countries. • Review existing legal documents that relate to legal rights to transfer ERRs including the benefit sharing mechanisms – by means of reviewing the documentation under the Carbon Fund, the Environmental Protection Regulation 2020, and any other documents as relevant. • Review the effectiveness of implementation of the benefit sharing mechanism under the Carbon Fund, particularly as relates to rights of private forest owners, but also in general, seeking areas requiring adjustments for improvement. This will involve one field visit (anticipated length: 1 week) to a province under the Carbon Fund. • Facilitate consultation with relevant stakeholder on the results of the above reviews to construct an informed analysis of the review. • Any other relevant and related tasks.

CANDIDATES WILL BE ASSESSED AGAINST THE FOLLOWING

Minimum Requirements

• Master degree or equivalent in Law from a reputed/recognized University (environment law preferred). • Excellent writing, communicating, and negotiating skills both in Nepali and English. • 10 years of experience in dealing with PES, carbon rights, carbon markets, REDD safeguards, and related forests and environmental issues. • National of Nepal or a legal resident in the country.

FAO Core Competencies

• Results Focus • Teamwork • Communication • Building Effective Relationships • Knowledge Sharing and Continuous Improvement

Technical/Functional Skills

The incumbent shall have competency and demonstrated practical relevant experience in reviewing legal documents, interpreting them from right based approach, identifying gaps and possible consequences thereof.

Selection Criteria

• Demonstrated practical and technical experience against the required technical and functional skills • Ability to manage and work with a multidisciplinary and multicultural team • Proven ability to coordinate and work with government and community-based stakeholders, rights holders sensitively, and cooperatively • High degree of team ethics, well-organized, results-focused, and dynamic personality • Proficiency in English and Nepali language (both spoken and written) with good communication skills • Previous experience working with UN agencies is an asset

Candidates are requested to attach a letter of motivation and educational certificates to the online profile, along with other supporting documents to the online profile