National Independent Legal Expert

Establishing the National Framework and Operational Capacity for Implementing the Nagoya Protocol in Timor-Leste

Individual Consultant, 65 Working Days (starting from 24th June until December 20th 2024)

Start date: 24 June 2024

A. Project Background

The Government of Timor-Leste, through its National Directorate for Biodiversity under the State Secretary for Environment, is implementing a medium-size project funded by the Global Environment Facility (GEF). The project entitled: Establishing the National Framework and Operational Capacity for Implementing the Nagoya Protocol in Timor-Leste. The objective of this project is to establish the national ABS framework and the operational capacity for implementing the Nagoya Protocol in Timor-Leste, to deliver fair and equitable benefits from the utilization of genetic resources to its people and, ultimately, to advance conservation and sustainable use of globally significant biodiversity in the country. The project's objective is to establish the conditions enabling sustainable access to the genetic resources of Timor-Leste, while protecting legal and customary ownership and traditional knowledge.

The country became a party to the United Nations Convention to Combat Desertification (UNCCD) in 2003, to the United Nations Framework Convention on Climate Change (UNFCCC) in 2006, and the United Nations Convention on Biological Diversity (CBD) in 2007. In 2011, it published its National Biodiversity Strategy and Action Plan (NBSAP) and its Fourth National Report to the CBD, and in 2015, its Fifth National Report to the CBD, as well as a revised edition (2015) of the NBSAP 2011- 2020. The government of Timor-Leste is, therefore, committed to address the environmental and conservational challenges facing the nation and to achieve global environmental benefits. Although Timor-Leste has not yet acceded to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (a supplementary agreement to the CBD), the country has taken important steps towards its implementation. In particular, the NBSAP includes Strategic Action 16 on Access and Benefit Sharing (ABS), the recently approved Biodiversity Decree Law (2017), in its Chapter 7 on 'Genetic resources and traditional knowledge', lays the legal foundation for the development of the national ABS framework.

B. Objectives of the Assignment

The objective of this assignment, the Independent National Legal Expert with support from the Vice Primeiro Ministro, Ministro do Turismo e Ambiente, Direção Geral do Ambiente (DGA), Direção National Biodiversidade Timor Leste will lead on process of Legislative Review and Analysis, Legal Framework Assessment, Expert Advisory Services, Legal Instrument Development, Capacity Building and Training, Institutional Mechanism Support, Mutually Agreed Terms (MAT) Assistance and Stakeholder Collaboration required for the Submission of Documents Package to Council Minister to accedes Nagoya Protocol to National Parliament.

C. Scope of Work/ Expected Output / Timelines:

Under the overall supervision of the National Project Coordinator, the National Independent Legal Expert, responsibilities will be to:

Summary of Key Functions:

Provide National and International laws concerning biodiversity conservation, generic resource access, and benefit sharing. Legal compliance involves analyzing frameworks like the Nagoya Protocol, drafting contracts with stakeholders, and conducting due diligence to ensure legality. Risk assessment is crucial to identify liabilities and create management strategies. Intellectual property advice is provided to protect indigenous rights and ensure fair benefits. Capacity- building through legal training is offered, and dispute resolution aids in conflict resolution. Monitoring mechanisms track compliance, while stakeholder engagement fosters collaboration among various entities involved in ABS projects.

Context and Tasks:

1. Review and finalize of the proposed draft of national legislation, policies, and procedures related to access and benefit-sharing (ABS) in the country.
2. Assessment of the legal and regulatory framework to identify any gaps or inconsistencies with the requirements of the Nagoya Protocol.
3. Provision of expert advice on the necessary legal and administrative measures to ensure compliance with the obligations of the Nagoya Protocol.
4. Review and finalized of tailored legal instruments, such as national ABS laws, regulations, or guidelines, to implement the Nagoya Protocol at the national level.
5. Support in the establishment of institutional mechanisms for ABS, including the designation of competent national authorities and the development of ABS permit systems.
6. Assistance in the drafting and negotiation of mutually agreed terms with providers of genetic resources and traditional knowledge holders.
7. Collaboration with relevant national and international stakeholders, including other countries, international organizations, and non-governmental organizations, to facilitate the accession process.

Education:

Masters' degree in International Law with the Particular expertise in Environmental and Biodiversity related field.

Experience:

At least four years of working experience in sustainable development or conservation project with a role related to Environmental and Biodiversity related Law. Proven significant experience in ABS projects and the Nagoya Protocol, capacity building; and biodiversity inventories is required.

Experiences in acceding the International Treaty or UN Convention related to the Environment and Biodiversity in Timor Leste.

Previous knowledge in Access and benefit-sharing of genetic resources and traditional knowledge and knowledge of biodiversity conservation is preferred.

Knowledge of biodiversity conservation and protection and access and benefit-sharing of genetic resources is preferred.

Experience in the usage of computers and office software packages Ability and willingness to travel within and outside Timor-Leste

Language Requirements:

Excellent English writing and presentation skills. Knowledge of Portuguese, Tetum and/or Bahasa is advantageous.

More information on deliverables and how to apply: https://drive.google.com/file/d/1L9PYJDxbnM54bvHiegr8JVw9IPQO7WXp/view?usp=sharing