WATER LAW CONSULTANT– UGANDA
Duty Station : Kampala/Entebbe, Uganda
Deadline for Applications : 12 September 2013
Type of Contract : Individual- (Activity 2.3.4.1)
Contract Post Level: Short-term consultant
Starting Date: September 2013
Duration of Consultancy : 4 months spread over a six-month period
Background
The Inland Water Resources Management Programme (INWRMP) forms part of a major donor-supported effort to strengthen and reinforce the mandate of IGAD on behalf of its member states. The key issues that the region has faced in the past decade are related to instability arising from slow economic growth and scarcity of water resources, coupled with the vagaries of the climate. Shortage of water undermines the people’s well-being and is at the source of conflicts.
There are a number of international watercourses and transboundary aquifers in the region. Six out of eight of the IGAD countries are riparian to the Nile. While several international agreements have been concluded over time to deal with water management issues within the Nile basin, there are not many agreements relating to the other shared water resources. As for the national policy and legal instruments in force, there are imbalances among the IGAD countries. While Djibouti, Ethiopia, Kenya, Sudan and Uganda have comprehensive water laws, in Somalia provisions relevant to water resources are scattered in numerous legal instruments and South Sudan, a new country, is in the process of developing a new draft water act.
With this in mind, in 2012 IGAD started the implementation of INWRMP, a result area of which is the improvement of policy and legal frameworks for water resources management (Result area 2). Based on a review and synthesis of the existing national policy and legal frameworks, the Programme has now embarked on the development of a draft overall regional policy and legal framework to facilitate cooperation among the member countries of IGAD in the management of their shared water resources. It is under this umbrella that bi- and multilateral water agreements could be developed.
In parallel with this, the Programme intends to support the countries in their efforts to update and harmonize their respective national policy and legal frameworks so as to be in a better position, in the near future, to address emerging water management needs and meet international legal obligations. This support will be provided, inter alia, through a mix of national and international legal expertise.
Duties and Responsibilities
Under the overall supervision of the IGAD-INWRM TA Team (policy & legal component) and in close collaboration with counterpart officials in Uganda, the water law consultant shall carry out the following:
1. jointly with the other national water law consultants, participate in the work relating to the development of the draft regional legal and policy framework for water resources management;
2. based on the existing national report on water policy and law, review the existing national legislation in so far as it may have a bearing on water resources (river basin) planning under the amended Water Act, as well as the relevant functions of water resources management and related institutions;
3. carry out stakeholder consultations, including field visits to the Water Management Zones and Water Catchments;
4. consult with the relevant stakeholders to discuss cross-cutting issues that need to be tackled under the umbrella of the amended Water Act;
5. prepare a first report containing a critical review of the existing national legal and institutional framework in the light of the new requirements, including an indication of shortcomings and gaps, and an outline of draft regulations under the amended Water Act, to address these shortcomings and gaps. The draft regulations will cover, inter alia, mechanisms for river basin (water management zone) planning and management, including issues relating to water pollution, flood management, drought management, groundwater, dam safety and river basin management financing. Furthermore, they will cover exhaustively mechanisms for stakeholder participation and coordination and, from the viewpoint of the permit issuance procedure within a river basin context, mechanisms for institutional coordination. Stand-alone regulations covering any of the aspects above may be necessary and this will be assessed during the assignment in collaboration with key stakeholders.
6. on the basis of the comments received from Government counterparts with regard to the recommendations offered in the first report, prepare the draft regulations, as needed, together with the relevant commentary;
7. organize and conduct a national workshop for the discussion of the draft regulations;
8. based on the workshop outcome, produce a report containing the final version of the draft regulations developed within the project framework.
Outputs
The consultant will be required to produce the following outputs :
i. a first (inception) report highlighting, in addition to the issues referred to in paragraph 5 of the preceding section, the methodology to be employed, including a work plan with milestones;
ii. monthly progress reports to the National Steering Committee/IGAD INRWRM TA ( Policy & Legal Component), including accounts of stakeholder consultations and field visits, as appropriate;
iii. a first draft of the regulations;
iv. a final report containing the draft regulations and the relevant commentary.
Competencies
The selected candidate should be fluent in English, and have:
• Good knowledge of water resources management-related issues;
• Knowledge of the legal and policy issues in connection with water resources management in Uganda;
• Knowledge of the main features, functions and powers of water-related institutions, whether at the national level or at decentralized levels of administration, or at the river basin level in Uganda;
• Writing and analytical skills;
• Ability to work under pressure and deliver high quality results on time.
Deadline for Applications : 12 September 2013
Type of Contract : Individual- (Activity 2.3.4.1)
Contract Post Level: Short-term consultant
Starting Date: September 2013
Duration of Consultancy : 4 months spread over a six-month period
Background
The Inland Water Resources Management Programme (INWRMP) forms part of a major donor-supported effort to strengthen and reinforce the mandate of IGAD on behalf of its member states. The key issues that the region has faced in the past decade are related to instability arising from slow economic growth and scarcity of water resources, coupled with the vagaries of the climate. Shortage of water undermines the people’s well-being and is at the source of conflicts.
There are a number of international watercourses and transboundary aquifers in the region. Six out of eight of the IGAD countries are riparian to the Nile. While several international agreements have been concluded over time to deal with water management issues within the Nile basin, there are not many agreements relating to the other shared water resources. As for the national policy and legal instruments in force, there are imbalances among the IGAD countries. While Djibouti, Ethiopia, Kenya, Sudan and Uganda have comprehensive water laws, in Somalia provisions relevant to water resources are scattered in numerous legal instruments and South Sudan, a new country, is in the process of developing a new draft water act.
With this in mind, in 2012 IGAD started the implementation of INWRMP, a result area of which is the improvement of policy and legal frameworks for water resources management (Result area 2). Based on a review and synthesis of the existing national policy and legal frameworks, the Programme has now embarked on the development of a draft overall regional policy and legal framework to facilitate cooperation among the member countries of IGAD in the management of their shared water resources. It is under this umbrella that bi- and multilateral water agreements could be developed.
In parallel with this, the Programme intends to support the countries in their efforts to update and harmonize their respective national policy and legal frameworks so as to be in a better position, in the near future, to address emerging water management needs and meet international legal obligations. This support will be provided, inter alia, through a mix of national and international legal expertise.
Duties and Responsibilities
Under the overall supervision of the IGAD-INWRM TA Team (policy & legal component) and in close collaboration with counterpart officials in Uganda, the water law consultant shall carry out the following:
1. jointly with the other national water law consultants, participate in the work relating to the development of the draft regional legal and policy framework for water resources management;
2. based on the existing national report on water policy and law, review the existing national legislation in so far as it may have a bearing on water resources (river basin) planning under the amended Water Act, as well as the relevant functions of water resources management and related institutions;
3. carry out stakeholder consultations, including field visits to the Water Management Zones and Water Catchments;
4. consult with the relevant stakeholders to discuss cross-cutting issues that need to be tackled under the umbrella of the amended Water Act;
5. prepare a first report containing a critical review of the existing national legal and institutional framework in the light of the new requirements, including an indication of shortcomings and gaps, and an outline of draft regulations under the amended Water Act, to address these shortcomings and gaps. The draft regulations will cover, inter alia, mechanisms for river basin (water management zone) planning and management, including issues relating to water pollution, flood management, drought management, groundwater, dam safety and river basin management financing. Furthermore, they will cover exhaustively mechanisms for stakeholder participation and coordination and, from the viewpoint of the permit issuance procedure within a river basin context, mechanisms for institutional coordination. Stand-alone regulations covering any of the aspects above may be necessary and this will be assessed during the assignment in collaboration with key stakeholders.
6. on the basis of the comments received from Government counterparts with regard to the recommendations offered in the first report, prepare the draft regulations, as needed, together with the relevant commentary;
7. organize and conduct a national workshop for the discussion of the draft regulations;
8. based on the workshop outcome, produce a report containing the final version of the draft regulations developed within the project framework.
Outputs
The consultant will be required to produce the following outputs :
i. a first (inception) report highlighting, in addition to the issues referred to in paragraph 5 of the preceding section, the methodology to be employed, including a work plan with milestones;
ii. monthly progress reports to the National Steering Committee/IGAD INRWRM TA ( Policy & Legal Component), including accounts of stakeholder consultations and field visits, as appropriate;
iii. a first draft of the regulations;
iv. a final report containing the draft regulations and the relevant commentary.
Competencies
The selected candidate should be fluent in English, and have:
• Good knowledge of water resources management-related issues;
• Knowledge of the legal and policy issues in connection with water resources management in Uganda;
• Knowledge of the main features, functions and powers of water-related institutions, whether at the national level or at decentralized levels of administration, or at the river basin level in Uganda;
• Writing and analytical skills;
• Ability to work under pressure and deliver high quality results on time.
Qualifications and Experience
• University degree in law.
• Minimum 5 years of experience working on water policy/legislation development.
• Experience working with water-related institutions, international organizations, research institutes or NGOs dealing with water resources.(reference)
• Previous experience working on legal and institutional issues within the framework of IGAD programmes and projects.
• Computer literacy.
Application procedure
Applications shall include:
• Curriculum Vitae;
• Cover letter including a clear identification of the vacancy and a brief explanation of what you believe makes you the most suitable candidate for the advertised position.
The above should be sent to the following address: ayenew.mequanent@yahoo.com with copy to: Jean-Luc.Klein@mwhglobal.com, and:hr@igad.int
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