Legal Adviser (Short-term consultant)

Short-term consultant (Legal Adviser) supporting National Designated Authority in formalization process of Carbon Farming Policy and Guideline incl. national Measurement Reporting and Verification (MRV) system by appropriate authority of Government of Timor-Leste (GoTL)

1. Introduction:

In Timor-Leste, there are carbon farming activities being implemented by several operators (project developers). Thousands of farmers have planted trees on their land under the carbon farming schemes supported by the operators. While the operators and farmers are already engaging in carbon farming, the enabling regulatory framework is still absent. In the absence of appropriate laws, policies, guidelines and institutional framework, the operators and the carbon farmers feel insecure for their investments. These gaps have negatively affected the growth of the carbon market in the country.

To address these gaps, the European Union is funding two programs in Timor-Leste to create a viable carbon farming market. The first builds on the success of With One Seed (Ho Musan Ida), a not-for-profit program run by xPand Foundation, to establish smallholder carbon farms in parts of Timor-Leste and administer payments for sequestered carbon to the voluntary carbon market. The second program implementation by Alinea International is EU-Technical Assistance to Support Carbon Farming, Timor-Leste (EU-TASCF) (EuropeAid / TA CTR 423328 / DH / SER / TL) and focuses on establishing the enabling environment within Timor-Leste to allow Carbon Farming to thrive.

Higher level objective of the Project is to improve the climate resilience of subsistence farmers in Timor-Leste, while specific objective is to enhance the capacities of the SSE and other stakeholders to access the international carbon market as a means to increase the climate resilience of its population, especially subsistence farmers and improve their income.

EU-TASCF Project has originally a three-year duration from March 2021 to February 2024[1] with following objectives:

- To facilitating and enabling the rewarding of carbon sequestration activities, especially in the forestry sector. 

- To establish proactive and effective coordination among the multitude of partners and entities participating in the carbon market.

EU-TASCF Project is implemented in close coordination with National Designated Authority under the Ministry of Economic Affairs, National Directorate of Climate Change, and Directorate General of Environment under the Ministry of Tourism and Environment and Directorate General of Forestry, and Industrial Plants under the Ministry of Agriculture, Livestock, Fisheries and Forestry.

On the request of Government of Timor-Leste’s concerned Ministry and Directorates, EU-TASCF Project has been asked to support the development of the following national laws, policies, and commitments:

• Updating of Nationally Determined Contributions (NDC)
• Timor-Leste Climate Change Framework Law
• Design of a national Measurement, Reporting and Verification System for Land Sector
• Timor-Leste Carbon Farming Policy and Guidelines
• Updating National Strategy and Technical Guidelines on Agroforestry Development (NSTGAD) aligning it with Climate Change Base Law (CCBL) and Carbon Farming Policy and Guidelines (CFPG) to integrate agroforestry potential through carbon farming

As these policy documents are at different stages of development (e.g., Updating NDC is already completed, and rest are on-going) with support from EU-TASCF, this ToR supports the implementation of Purpose 1 - To support the establishment of a robust land-sector Green House Gas (GHG) reporting and accounting system to measure land-based carbon emissions through operational tools and established legal and governance systems, facilitating and enabling the rewarding of carbon sequestration activities, especially in the forestry sector. This document sets out the activities and deliverables that will be implemented in support of this Purpose.

On the request of GoTL, EU-TASCF assisted the NDA in developing a Carbon Farming Policy and Guidelines (CFPG). Likewise, the design of a National Land Sector MRV System was also developed with expertise from Environmental Accounting Systems. The CFPG and MRV were developed with extensive consultations with stakeholders both at national and subnational levels.

EU-TASCF is seeking the expertise of a consultant (legal adviser) to assist the NDA with the formalization process of the CFPG including a national land sector MRV system by appropriate authority of GoTL.

1. Background:

The NDA is mandated by GoTL with the development and implementation of policies related to carbon farming and trade within the jurisdictions of Timor-Leste. Recognizing the absence of CFPG, the GOTL has initiated to establish the CFPG and a national MRV system to foster growth of carbon farming markets and ensure legal security for investment of carbon farmers, project developers and other related stakeholders. The ultimate objective is to seek approval for the CFPG from the appropriate level of Government, ensuring its formal recognition, adoption and implementation across the country.

1. Scope of Work:

The legal adviser will undertake the following tasks:

- identify formalization process and key steps as practiced in Timor-Leste and get approval from the NDA

- meet with the concerned personnel (legal adviser of the Ministry, DG Environment, NDA, adviser to the Minister) in the Ministry of Tourism and Environment

- present the CFPG incl. a national MRV system to the GoTL personnel, if requested

- coordinate with relevant persons and entities in the GoTL who have a stake in approval process

- support the formalization process in every appropriate manner

- provide legal facilitation support throughout the formalization process until it is approved by the Council of Ministers

1. Deliverables:

The legal adviser will deliver the following:

1. Step wise agreed process for formalization of CFPG incl MRV system and the list of stakeholders to coordinate with.
2. Fortnightly updates on progress by email
3. Decision from the appropriate level of the Government on approval of CFPG incl MRV system
4. Timeline:

The expected duration for the completion of the tasks outlined in this ToR is 10 days spread over 1 June 2024 to 15 July 2024.

1. Capability and Qualifications:

The ideal candidate for this position should demonstrate sufficient capacities to implement the required activity in a satisfactory manner

Capability criteria considered as part of evaluation process:

• A degree in law with specialization in administrative law, environmental law or related fields.
• Experience of working with GoTL and supporting for the formalization process of policies
• Familiarity with national legal frameworks related to CCBL, CFPG, and MRV system.
• Strong communication and facilitation skills with the ability to engage effectively with diverse stakeholders and facilitate consensus-building processes.
• A close connection with officials of the relevant ministries of GoTL
• Preferably experience with legal issues related to the environment or climate change

1. Submission of CVs:

Interested legal advisers are invited to submit a detailed Resume highlighting only relevant experience (no more than 3 pages) to Team Leader (Email: [email protected]), EU-TASCF Project, Dili, Timor-Leste by 27 May 2024.

1. Contractual Arrangements:

The selected legal adviser will enter into a contractual agreement with the Alinea International outlining the terms and conditions of the engagement, including deliverables, payment schedule, intellectual property rights, and dispute resolution mechanisms. Alinea will also undertake a due diligence process before it hires a consultant.

1. Reporting:

The consultant (legal adviser) reports the deliverables to:

Buddhi Kunwar, Team Leader, EU-TASCF Project

Alinea International, Dili, Timor-Leste

Email: [email protected]

Guy Janssen, Technical Director, Alinea International

Alinea International

Email: [email protected]

1. Confidentiality:

All information provided to the consultant (legal adviser) during the engagement shall be treated as confidential and used solely for the purpose of fulfilling the obligations outlined in this ToR.