National Specialist for the review of Analysis of the national legislation, plans and assessment of tenure governance on land and forest

Organizational Setting

The main aim of the FAO country offices, which are headed by an FAO Representative, is to assist governments to develop policies, programs, and projects to achieve food security and to reduce hunger and malnutrition, to develop the agricultural, fisheries and forestry sectors, and to use their environmental and natural resources in a sustainable manner.

FAO Liberia is implementing a joint program on Community Forestry Management in two of Liberia’s priority landscapes. With funding from the Embassy of Sweden, and under an UN-to-UN arrangement with UNDP, through the Multi Partner Trust Fund (MPTF). FAO will implement the program working with the Forestry Development Authority (FDA) and other relevant government institutions, international and national non-governmental organizations, as well as development institutions working towards sustainable natural resource management, environmental protection, and biodiversity conservation.

The Joint Programme, entitled “Community-Based Forestry and Protected Area Management: Boosting Biodiversity Conservation and Improving Livelihoods of Forest-Fringe/Forest-Dependent Communities and Groups in Liberia” seeks to strengthen management of community forests and protected areas in Liberia through improved governance of community forest management bodies, capacity building of forest regulatory institutions, empowerment of national CSOs/NGOs and Forest and Farm Producer Organizations, integrated natural resources management and the promotion of sustainable livelihood incentives for forest fringe communities.

1. Component 3: Create and strengthen resilient, low-emission land management, equitable, non-timber forest product smallholder value chains through sustainable business development of forest and farm producers, and their organizations (e.g., cooperatives) 2. Component 4: Knowledge management, communication and awareness, gender mainstreaming, and monitoring & evaluation

The regulatory framework for Liberia’s community forest management is built on, amongst other important legal instruments, the National Forestry Law (2000), and subsequent amendments, the Community Rights Law (2009), the Land Rights Law (2018) and relevant forestry regulations. Ongoing studies by the FAO reveal that the Government of Liberia has enacted several laws, policies, and regulations to regulate the forestry sector. Despite these efforts, there remains a serious challenge for enforcement and coordination in curbing deforestation and land degradation, including weak enforcement, and failure to enact laws in keeping with international commitments such as the Convention on International Trade in Endangered Species (CITES). Liberia Wildlife legislation is presently under discussion within the Legislature. Other challenges in the implementation, compliance and enforcement include:

- Weak penalties for forestry and wildlife crimes. - Penalties do not meet the definition of a “serious crime” as per the United Nations Convention against transnational Organized Crime (UNODC) standard. - Absence of legislation that regulates/recognizes Carbon/Emission Reduction Rights as property making implementation of programs like REDD constrained.

The findings on opportunities and challenges from previous FAO studies indicate the need to comprehensively regulate the forestry sector by assessing the adequacy of knowledge, capacity, and resources available to ensure effective implementation, compliance, and enforcement of the existing legal framework. This consultancy will build on the extensive work previously done, by reviewing and analysing key legal instruments including national legislations, plans and assessment, and recommend changes or new instruments (as deemed appropriate), for proper implementation, compliance, and enforcement. The conclusions and recommendations will be subject to a multi-stakeholder, multi-disciplinary, transparent, and inclusive national consultation, and validation process, before submission to national government. The overall objective is to contribute to the creation of an enabling environment for sustainable community forest management and prevent potential conflicts relative to sectorial-overlapping and environmental problems, property rights and land tenure issues. It will also help inform the update of existing community forest management plans and support other forest communities develop their community forest management agreements. This consultancy is based on activity 1.1.1.1: “Review of Analysis the national legislation, plans and assessment of the tenure governance on land and forest”.

Reporting Lines

Under the overall guidance of the FAO Representative in Liberia and the direct supervision of the Legal Officer of the Development Law Service of the Legal Office out posted to Dakar, Senegal, the Assistant FAO Representative for Programme, and in full collaboration with the Project Management Specialist and the Gender & Social Inclusion Specialist, the specialist in coordination with UNDP and FDA colleagues will undertake the tasks outlined below.

Technical Focus

To Review and analyse existing legislation and plan assessment on tenure governance on land and forest, recommend possible Amendment.

Tasks and Responsibilities

• Submit an inception report comprising of a methodology, timeline, and required resources. • Undertake the necessary comprehensive review of national legal instruments, plans and policies and assessment of the governance of land and forest tenure, with particular attention to (i) the rights of communities (considering gender dimensions), their access to benefits and their participation in forestry activities, and (ii) the promotion of sustainable and inclusive forest management. • Conduct a comprehensive desk review / literature review of relevant reports (FAO,FDA and other forestry actors) and statutory instruments (including laws, acts, regulations, decrees, resolutions, and customary instruments/practices) as well as interviews with key stakeholders (government, communities, private sector, parliamentarians, etc.), for an up-to-date and comprehensive understanding of the situation in the country, which will serve as the basis to develop the legal analysis. • Conduct and produce a legal analysis, focusing on forestry related legal instruments, taking into consideration tenure governance on land and forest highlighting existing opportunities, gaps, and inconsistencies among and within forest-related sectors, that affect the implementation, compliance and enforcement for sustainable management of forests, specifically focusing on legal gaps that constrain the full engagement of local communities (including vulnerable groups, women, and youth) in sustainable forest management. • Based on the legal analysis, develop set of recommendations to implement the forestry legal framework, including 1) possible modifications or proposals for inclusion in the various legal and policy documents related to the consultancy and 2) institutional (local, national, and multilateral) legal mechanisms or arrangements needed to address forest issues and to improve forest and land governance. The analysis should include a review of benefit-sharing schemes, forest management, land, and forests tenure security. A gender lens will be applied to the analysis and recommendations. • Support with consultation and validation of the findings and recommendations of the legal analysis, with relevant stakeholders, including the focal points, the government interlocutors, and the relevant local institutions (public, private, IGOs, NGOs, community, and decentralized organizations) implicated in the management of forests, natural resources, and the environment. • With support from Gender and Social Inclusion Specialist, conduct a gender analysis to ensure that gender considerations are fully addressed in the project and integrated in the legal instruments proposed. • Develop and submit to FAO at least 5 proposals for the development/amendment of laws, plans and policies, with a clear articulation of community forest management, and alignment with relevant international instruments and processes (e.g., CITES, national REDD strategy, law enforcement, forest governance and trade (FLEGT). • Support the presentation of the final legal analysis to the national authorities for its final validation, with the aim of promoting understanding and ownership of the analysis and recommendations. • Collaborate in the preparation and editing of reports, guides and publications associated with the project, as well as specialized documents, related to this consultancy. • Support the Project Management Unit in Project Steering Committee meetings, as well as in FAO official missions as appropriate. • Perform all other tasks required within the framework of the assignment.

CANDIDATES WILL BE ASSESSED AGAINST THE FOLLOWING

Minimum Requirements

• Masters ‘degree in Law, preferable with a specialization /Previous consulting experience on environmental, Forestry or Natural resource law with at least 3 years professional experience or 5 years of relevant experience with bachelor’s degree in the above mentioned field; • Working knowledge of English. • National of Liberia or a resident in the country with a valid work permit.

FAO Core Competencies

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

Technical/Functional Skills

• Knowledge of the structure and normative contents of forestry related legislation at national, regional, and international levels • Understanding of the gender and governance implications of the management of forest and natural resources. • Proven ability to build good relationships with a variety of stakeholders, including government institutions, NGOs, and local communities, and conduct fieldwork. • Previous experience working on international donor projects is highly preferred. • Proven ability in drafting clearly and precisely in English, and in conducting in-depth but succinct analyses of legal matters with specific and practical recommendations; the ability to read and / or write Working knowledge of English • Previous experience working on international donor projects is highly preferred. • Proven ability in drafting clearly and precisely in English. • Working knowledge of MS office and relevant IT tools and software. • Excellent communication, networking, written and presentation skills. • Familiar with United Nations System and/or FAO’s programming mechanisms • Work experience in Liberia.