Reference No: IC/UNDP/REDD+/097/2014
Country: Indonesia
Description of the assignment: Support Specialist for Rights to Business Utilization (HGU) Assessment
and Legislation Reform (National, 1 post)
Project name: REDD+
Period
of assignment/services (if applicable): August to December 2014
CLOSING DATE: 31 JULY 2014
I. Background
Context of the
REDD+ initiative:
Indonesia
is the third largest emitter of carbon dioxide (CO2) and the world’s
largest emitter from agriculture, forestry and other land use. Over the
past five years, Indonesia’s annual deforestation rate has averaged
around 1 million hectares, which contributes to an estimated 87 percent
of Indonesia’s annual emissions. In response to this situation, in 2009,
President Susilo Bambang Yudhoyono, made a voluntary commitment to the
world to reduce emissions as much as 26 percent under a
business-as-usual scenario or up to 41 percent with international
support by 2020.
According
to the Second National Communication from Indonesia to the UNFCCC,
Indonesia is expected to emit around 2.9 million metric tons (gigatons)
by 2020 under the business-as-usual scenario. A commitment to reduce
that amount by 26 percent would
mean a reduction of 0.8 gigatons, while 41 percent would amount to a
reduction of 1.2 gigatons. A reduction from an expected 2.9 to 1.7
gigatons by 2020 is a challenging commitment for a country aiming to
maintain its 7 percent annual growth rate. Nevertheless, this commitment
has been translated into a comprehensive National Action Plan known as
RAN-GRK (PP 61/2011).
The
National Action Plan for the Reduction of Green-house Gas Emissions
(RAN-GRK) estimates that 87 percent of the emission-reduction target -
approximately 1 gigaton - relates directly to the forestry and peat land
sectors and, to address this, the government has adopted an incentive
mechanism to improve management of the country’s vast forest resources
while supporting climate-change mitigation. This mechanism, known as
REDD+ (Reducing Emissions from Deforestation and Forest Degradation),
has five primary objectives: (a)
reduction of deforestation; (b) reduction of forest degradation; (c)
conservation of carbon stocks; (d) sustainable forest management; and
(e) enhancing carbon stocks.
On
26 May 2010 the Governments of Indonesia and Norway signed a Letter of
Intent (LoI) to establish a REDD+ Partnership. The first phase of this
REDD+ Partnership (Phase 1) was to establish an agency with the capacity
to implement and manage REDD+ projects initially in the pilot province
Central Kalimantan and progressively in other priority provinces across
Indonesia. A Task Force (Satuan Tugas, Satgas) was established to
support this initial phase and, as of June 2013 at the end of the Task
Force’s mandate, the following progress was achieved:
• Drafting of an integrated Presidential Regulation regarding the establishment
of a REDD+ Agency and governance of REDD+ in Indonesia;
• Finalisation
of a REDD+ National Strategy (Stranas) and development of Provincial
Strategies and Action Plans (PSAPs) for the eleven priority provinces;
• Agreement
on, and legal basis for, the structure and operations of a REDD+
Financial Instrument (FREDDI); its implementation awaits the
establishment of the REDD+ Agency and the subsequent release of funding
for Phase 2 of the LoI;
• A
methodology for the structure and Standard Operating Procedures (SOPs)
of the MRV technical unit; while international standards and an
international/national REDD+ registry remain in development, the
unit is ready for mobilisation following the establishment of the REDD+
Agency;
• Legal
review of regulatory requirements related to REDD+ implementation in
particular land tenure, forest and peat-land governance, forest
monitoring and law enforcement, consolidation of land concessions, and a
Moratorium on all new concessions for conversion of peat and natural
forest in Indonesia; and
• Successful
implementation of a wide range of projects by the REDD+ Task Force in
the pilot province Central Kalimantan with a focus on developing an
operational capacity and an enabling environment for REDD+ projects.
These
achievements have prepared a basic foundation for a future REDD+
national programme
that aims to address the emission-reduction target for the forestry and
peat-land sectors and the national long-term goals associated with
sustainable economic development and poverty reduction.
Context of this ToR:
As
the REDD+ Task Force has ended its mandate in June 2013, the second
phase of the Indonesian-Norway partnership commenced. Through
Presidential Regulation No. 62 Year 2013, the President has announced
the establishment of REDD+ Agency in Indonesia. In the initial phase,
the Working Group of Legal Review and Law Enforcement of REDD+ Task
Force had conducted several programs and activities in relations to
diagnostic assessment on the management and issuance of HGU (Rights to
Business Utilization) for plantation companies, legislation reform, and
conflict resolution for national parks.
The
programs and activities aforementioned should be continued up to
December 2014, and to ensure that they are well implemented, it is
important to immediately hire Legal Review and Law Enforcement Working
Group Support Consultant for Rights to Business Utilization (HGU)
Assessment and Legislation Reform, which will be stationed in Jakarta.
Objectives of Assignment:
a) To
conduct diagnostic assessment on the management and issuance of the
rights to business utilization (HGU) for plantation company;
b) To conduct the legislation reform and to coordinate with the of conflict resolution
in regards with rights to business utilization;
c) To supervise and to be responsible for the process of the development of database system on regulations.
II. SCOPE OF WORK, RESPONSIBILITIES AND DESCRIPTION OF THE PROPOSED ANALYTICAL WORK
Scope of work:
• Arranging
meeting between REDD+ Agency, UKP4 with National Land Agency in
relations with Rights to Business Utilization (HGU) Assessment and
Legislation Reform;
• Developing
draft of Minister of Law and Human Rights Decree on the establishment
of the team for the finalization of the road map on legislation reform
to improve forest and peat land governance.
• Supporting the development of bill of government regulations on land registration and land rights.
III. REQUIREMENTS FOR EXPERIENCE AND QUALIFICATIONS
I. Academic Qualifications:
Bachelor degree, with 3 years of experience in working on legal due diligence e.g. reviewing
business licenses of the company, preferably oil/gas companies and/or plantation.
II. Experience:
• Experience
in conducting diagnostic assessment on the management and issuance of
HGU (Rights to Business Utilization) for plantation companies,
legislation reform, and conflict resolution for national parks.;
• Knowledge on the issues of environment and community development. Knowledge on REDD+ would be an advantage but not essential;
• Ability to produce (bilingual) written material,
targeting a wide-range of stakeholders;
• Ability to understand the differences and similarities of a wide range of social groups.
• Sound
experience in managing a team and conducting on the management and
issuance of HGU (Rights to Business Utilization) for plantation
companies, legislation reform, and conflict resolution for national
parks
III. Language Requirements:
Fluent in spoken English and Bahasa Indonesia.
IV. Competencies:
Corporate Competencies:
• Demonstrates integrity by modelling the corporate’s values and ethical standards;
• Promotes the vision, mission, and strategic goals of organization;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability; and
• Treats all people fairly without favouritism.
Functional Competencies:
Knowledge Management and Learning:
• Promotes
knowledge management in organization and a learning environment in the
office through leadership and personal example; and
• Actively
works towards continuing personal learning and development in one or
more practice Areas, acts on learning plan and applies newly acquired
skills.
• Development and Operational Effectiveness:
• Ability to conceptualise issues and analyse data;
•
Ability to coordinate the work of others;
• Ability to implement new systems (business side), and affect staff behavioural/attitudinal change;
• Good knowledge of Results Management Guide and Toolkit; and
• Ability to demonstrate good knowledge on Climate Change and/or REDD+ issues.
• Management and Leadership:
• Builds strong relationships with clients, focuses on impact and result for the client and responds positively to
feedback;
• Consistently approaches work with energy and a positive, constructive attitude;
• Demonstrates openness to change and ability to manage complexities;
• Leads teams effectively and shows mentoring as well as conflict resolution skills; and
• Demonstrates strong oral and written communication skills.
Other Requirements:
• In
addition to the scope and output, the
incumbent will be required to undertake other ad hoc tasks that may
arise during the contract period. These tasks should not impede on the
incumbent’s ability to meet contractual obligations/deliverables.
• All
materials and other intellectual property produced while working under
contract including, but not limited to, documents, presentations, white
papers, photographs and other media, will remain the property of the
REDD+ Taskforce and are required to be submitted to WG Coordinator for
archiving.
• This
assignment will require extensive communications with stakeholders from
different locations and in different circumstances and, with this in
mind, it may be necessary to accommodate some irregular working hours.
IV. EXPECTED RESULTS
No Deliverables Due Date
1 • Report
on bilateral meeting between REDD+ Agency/UKP4 with National Land
Agency (BPN) on the discussion of the output of the assessment.
• Draft
of Minister of Law and Human Rights Decree on the establishment of the
team for the finalization of the road map on legislation reform to
improve forest and peat land
governance.
• Report
on Parallel Discussion Forum “Aligning Indonesia’s REDD+ Legal
Framework with International Best Practices by Baker & McKenzie and
Cambridge University.”
• Draft MoU between REDD+ Agency and Riau and Aceh Provinces September 2014
2 • Develop
the Terms of References on coordination meeting between
ministries/institutions to discuss the implementation of the
assessment’s action plan.
• Report
on Minister of Law and
Human Rights Decree on the establishment of the team for the
finalization of the road map on legislation reform to improve forest and
peat land governance.
• Develop
the Terms of References on the finalization of the road map on
legislation reform to improve forest and peat land governance
(ministerial level).
October 2014
3 • Report
on coordination meeting between ministries/institutions held to discuss
the implementation of the assessment’s action plan.
• Report
on bilateral
coordination meeting between UKP4/REDD+ Agency and Ministry of Law and
Human Rights to discuss the ToR of the finalization of the road map on
legislation reform to improve forest and peat land governance.
• Develop
the Term of References on focus group discussion to discuss the bill of
government regulation on land registration (amendment of Government
Regulation No. 24/1997 on Land Registration) November 2014
4 • Report
on coordination meeting between ministries/institutions held to discuss
the implementation of the assessment’s action plan.
•
Report on coordination meeting of the finalization of the road
map on legislation reform to improve forest and peat land governance
(ministerial level).
December 2014
5 • Report on progress of the implementation of the assessment’s action plan.
• Develop the Terms of References on focus group discussions to disseminate the assessment’s action plan to the private sectors.
• Report on Socialization to gather input from relevant ministries and institution for the bill of
government regulation on land registration (amendment of Government Regulation No. 24/1997 on Land Registration).
January 2014
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