Title: REDD+ Expert Consultant for Corporate Criminal Liabilities (National, 1 post) - EXTENDED
Project Name : PMU
Reports to: Coordinator of Legal and Law Enforcement of BP REDD+
Duty Station: Jakarta
Expected Places of Travel (if applicable): Riau
Duration of Assignment: September 2014 – December 2015
Closing date: 8 September 2014
I. Backgrou
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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:
One
crucial issue related
to the implementation of REDD+ in Indonesia is the prevention of crime
and law enforcement on environment and natural resource. One strategy
which needs to be implemented is the utilization of corporate criminal
liability approach in enforcing law. Through this approach it is
expected that we could capture the perpetrators, recover and restore the
state loss. In addition, most of the forest fires in Indonesia happen
in the companies’ concession areas.
The
corporate criminal liability approach in enforcing law should not be
limited to case-by-case basis. It should be utilized to support the
implementation of corporate liability in more
extensive way. This is very important in promoting effective law
enforcement in order to support the implementation of REDD+ in
Indonesia.
To
realize the implementation of corporate criminal liability approach on
natural resources and environmental cases, REDD+ Agency needs to hire
Expert Consultant for Corporate Liabilities
Objectives of Assignment:
The
objective of this assignment is to realize the implementation of
corporate criminal liability approach on natural resources and
environmental cases.
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I. SCOPE OF WORK, RESPONSIBILITIES AND DESCRIPTION OF THE PROPOSED ANALYTICAL WORK
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Scope of work:
1. Reviewing the national legislation and guidance on the application of corporate criminal liabilities;
2. Supporting the
compliance audit on forest fires;
3. Analyse and provide recommendation on the compliance audit on forest fires;
4. Analyse the results of Supreme Court Rules in relations with corporate criminal liabilities;
5. Provide recommendation on the draft of the rules of the Supreme Court on corporate criminal liabilities
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II. REQUIREME
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I. Academic Qualifications:
· Doctoral
degree, with 10 years’ experience related to multi-door training for
law enforcers, judicial reform and the criminal corporate liabilities.
II. Years of experience:
· Sound knowledge in Environmental Laws and Corporate Criminal Liabilities
· Experience in conducting research and sound knowledge of multi-door approach law
enforcement.
· Ability
to produce written material (reports, manuals, guidelines, concept
notes), targeting a wide-range of stakeholders, both in English and
Indonesian.
· Experience in handling differences and similarities of a wide range of social groups.
· Sound experience in managing programs and building national and international networking.
III. Competencies:
Corporate Competencies:
· Demonstrates integrity by modelling the UN'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 organizations 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 stated above, 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.
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III. EXPECTED RESULTS
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1. Review of national legislation and guidance on the application of corporate criminal liability;
2. Report on the compliance audit of forest
fires;
3. Analysis and recommendation on the result of compliance audit on forest fires;
4. Draft of the rules of the supreme court on corporate criminal liabilities
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To
fulfil his duties, the expert consultant will travel to Rokan Hilir,
Kepulauan Meranti, Inderagiri Hilir, Dumai and Bengkalis (all of them
are in Riau Province) to conduct audit in those areas.
For each travel it is estimated that the expert will spend five days.
To apply for this post, please go to the following link and download all the necessary documents:
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