Posté : 11-03-2020 | Nom de l’employeur : World Wilde Fund for Nature(WWF) |
Lieu : Yaoundé | Vues : 2362 |
Type d'emploi : CDD | Postulants : 0 |
Date expiration : 22-03-2020 |
TERMS OF REFERENCE FOR A WWF FEASIBILITY STUDY FOR A BMZ-BENGO PROJECT PROPOSAL
Applicable law: Public Procurement Law of Germany and BMZ’s Contract Award Procedure for Supplies and Services
Contracting agency: WWF Germany, Reinhardtstraße 18, 10117 Berlin, Germany
Type of contracting agency: Non-profit, non-governmental, charity organisation
Title: Procurement of Services: WWF Feasibility Study for a BMZ-BENGO Program Proposal on Human rights due diligence in the Congo Basin (namely Democratic Republic of Congo, Republic of Cameroon, Central African Republic)
Type of Contract: Services
1 Lot: One overall report comprising a dedicated chapter for a) the regional level and b) each of the three countries and sites
Award criteria: Price is not the only award criterion and all criteria are stated in the procurement documents
Duration of the contract: Estimated Start of the contract: start asap, end the latest by 31 March 2020; maximum duration of assignment is 20 days
The contract is subject to renewal: no
Information about funds: The procurement is related to a project and/or program financed by the German Government, BMZ (grant) and Project Partners (own funds)
Additional information: Right of the granting governmental organization for audit according to the project approval
Type of procedure: < 15.000 EUR contract,
Opening of the tenders: 1 day after the deadline for sending, at WWF Berlin Office
Language in which tenders are requested: English
Address where the tenders shall be sent, duly signed (scan send via email is sufficient), within the time limit: recruit-cam@wwfcam.org
1) INTRODUCTION
Being the second largest tropical forest on earth, the Congo Basin is a biodiversity hotspot and home to a great variety of rare and often endemic species that together build an ecosystem that also forms the second largest carbon sink on the planet. In today’s climate crisis this eco-system is inseparable from the wellbeing of humans around the world and makes its protection a major concern.
To succeed with conservation efforts the buy-in by the local population is tantamount and an improvement of their livelihoods a meaningful way to guarantee their support. Unfortunately, local livelihoods in the target areas are generally weak and the lack of tenure rights often results in a so called “sell-out” of local forests to private and public entities with dramatic consequences for Indigenous Peoples and Local Communities (IPLC)[1] that usually do not benefit. Especially
Indigenous Peoples (IP) who often live in the most remote corners of the Congo Basin, where many protected areas are located, suffer from discrimination and a lack of basic support by governmental structures (e.g. hospitals, schools).
Conservation actors, such as protected area managers, are often the only longterm partners in those rural areas. Thus, IPLC expect conservation actors to support their needs and livelihoods as well. Despite rural development efforts by park managements, the acceptance of protected areas (PA) by the IPLC is often low due to limited direct benefits from PAs and their buffer zones (e.g. hunting or forest concessions) paired with access restrictions. Further, the feeling prevails amongst IPLC that they are not adequately included in conservation decisions. Combined with a widespread lack of knowledge about environmental and forestry laws as well as natural resource use regulations (both on IPLC and conservation authority side), this often causes land use conflicts between stakeholders. In a context of weak adherence to international human rights standards this can lead to violations of rights and a discrimination of marginalized groups. Particularly vulnerable are IP and women, that are often victims of discrimination or even abuse and seldomly benefit from legal assistance. Thus, IPLC need support in building knowledge and means to claim their rights and advocate against discrimination.
Despites an effort to streamline laws related to forest uses in the Central African countries (e.g. under COMIFAC), policies on indigenous peoples and local communities’ rights and their level of implementation in the three target countries in the Congo Basin are very different:
The Central African Republic (CAR) is the first and only African country that has ratified the International Labor Organization (ILO) Convention 169 on Indigenous Rights of 1989. This convention recognizes the unique characteristics and life plans of IP and promotes their special rights. At the heart of ILO Convention 169 are consultation and participation procedures to ensure the participation and input of IP in projects that affect them. However, as with many ratifications, the regulations for implementation and follow up mechanisms are lacking. The CAR forest code recognizes some indigenous people rights and introduces community forests as a mean to enable the local population to manage forest resources. The environment code introduces the consultation of local population to enable its participation in local decision-making processes.
Cameroon has adopted the UN Declaration on Human Rights in 2007 but has not yet ratified ILO Convention 169. Cameroonian forestry law recognizes only the right of use of communities in the forests of the permanent domain while the state retains ownership of the land and resources. However, community managed forest (some of them by Baka) as well as community managed hunting concessions have been attributed. In addition, an MoU granting access of indigenous Baka to protected areas in south-east Cameroon - e.g. in Lobéké National Park - has been signed by the relevant ministries in 2019.
In the Democratic Republic of Congo (DRC) there is no legal definition of the term “indigenous” and thus there are no laws or policies specifically targeting the promotion and protection of IPs’ rights. However, under the DRC’s 2014 Forest Code, IPLC have the right to own community forests covering an area of up to 50.000 hectares. Since the law is rather new, the first community concessions were only accredited recently and the realization of the legal framework on provincial level is still at the very beginning. Hence, IPLCs need support to claim their rights.
WWF Germany proposes a program that aims to strengthen the rights of IPLC (general human rights and indigenous rights in particular) which reside in and around three protected areas in the Congo Basin. WWF aims to promote the recognition of these rights at local, national and regional level by advocacy work, local access to grievance mechanisms and by enhancing the capacity of civil society organizations that will continue their work on IPLC rights beyond the scope of this program.
The following program outline is foreseen to contribute to the objective stated above:
The program shall promote IPLC rights on micro (local), meso (national), and macro (regional) level through three work streams. The work streams and the respective activities thereunder shall be interlinked and inform and enhance each other. For example, we see the following connections between levels and work streams:
Firstly, strengthened capacities of civil society organizations enable the implementation of grievance mechanisms on the local level and advocacy work on national and regional level.
Secondly, a monitoring of complaints via grievance mechanisms allows to draw conclusion about IPLC rights at local level with regards to types of violations of rights, degree of severity or frequency. This information will be crucial to develop policy asks in line with the needs on the local level. On the local level (apart from DSPA) a systematic monitoring of complaints is lacking and thus the exact reasons for conflict, types of violations and needs remain unknown.
Thirdly, policy and advocacy work on the regional level raises awareness about IPLC rights and triggers debates on shortcomings and needs on the regional level. Eventually this leads to a better understanding of IPLC rights amongst civil society actors and political decision makers which in the long-term will contribute to legislative procedures better reflecting realities and needs on the ground.
The three work streams are described in the following.
Work Stream 1:
Existing networks advocating IPLC rights such as the Network of Indigenous and Local Communities for the Sustainable Management of Forest Ecosystems in Central Africa (REPALEAC) (https://pfbc-cbfp.org/REPALEAC.html) will strengthen IPLC rights at regional and national level through measures like the promotion of ILO169, the popularization of free prior informed consent (FPIC), and coordination with UNDRIP. Further, the Indigenous Peoples of Africa Coordinating Committee (IPACC) will build capacity with the partner organizations on the ground and carry out advocacy work in international fora such as UNESCO, United Nations Permanent Forum on Indigenous Issues (UNPFII), Convention on Biological Diversity (CBD), Congo Basin Forest Partnership (CBFP) and Global Landscape Forum (GLF).
Local rights will be promoted through the implementation of grievance/conflict resolution mechanisms and legal assistance in two UNESCO world heritage sites in the Congo Basin: Salonga National Park (SNP, DRC) and the Sangha Trinational[2] (more precisely in Lobéké National Park (LNP, CAM) and DzangaSangha Protected Areas (DSPA, CAR)). This work shall be closely linked with work stream 1 as findings from complaints on site will shape the policy work on national and regional level. For example, findings on the local level could reveal that women rights must be promoted on policy level that advocacy efforts should thus evolve around this particular issue. Therefore, the program aims to create an exchange between the civil society organisation implementing the grievance mechanisms and the regional actors such as REPALEAC and IPACC to ensure that both work streams go hand in hand.
The grievance mechanisms in and around the three Protected Areas (PAs) shall be implemented/supported by local Civil Society Organization (CSOs) and/or Community Based Organizations (CBOs): Maison de l'Enfant et de la Femme Pygmées (MEFP) for DSPA, Centre pour l’Education, la Formation et l’Appui aux Initiatives de Développement (CEFAID) and Association Sanguia Buma’a Kpode (ASBABUK) for Lobéké NP and “tbc” Salonga NP[3].
The grievance mechanisms do not only serve to collect and file complaints and to launch resolution procedures, but also carry out the following activities:
Being part of UNESCO world heritage sites, the three PAs are obliged to promote UNESCO policies inspired by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
Work Stream 3
Organizational Development shall support the local/national CSOs and/or CBOs in strengthening their organizational capacity and enable them to firstly manage the grievance mechanisms in the three PAs and secondly to enhance their skills to translate findings from the local level in advocacy work for both national and regional forums. In broader terms, any organizational development and capacity building measures to CSOs shall enhance their capacities to work on human rights issues even beyond the scope of this program.
Being committed to a human rights-based approach to nature conservation worldwide and having common goals with the BMZ, WWF Germany is negotiation a funding opportunity with the BMZ with the following key data:
Title: |
Human rights due diligence in the Congo Basin |
Goal: |
In the context of human rights-based conservation, the program aims to strengthen the rights of the indigenous and local populations (indigenous rights, general human rights) not only in and around the three target protected areas, but also to promote the recognition of rights of local and indigenous communities at local, national and regional level by capacity building, operational grievance mechanisms and advocacy work. |
Countries: |
Democratic Republic of Congo, Republic of Cameroon, Central African Republic |
German Executing Agency:
(Local) executing agencies: (to be confirmed) |
WWF Germany Regional: The Indigenous Peoples of Africa Co-ordinating Committee (IPACC), Network of Indigenous and Local Communities for the Sustainable Management of forest Ecosystems in Central Africa (REPALEAC) DRC (tbc): Comité de Droit de l’Homme et Développement (CODHOD), Juristes pour l'Environnement au Congo (JUREC), The Carter Center CAM: Centre pour l’Education, la Formation et l’Appui aux Initiatives de Développement (CEFAID), Réseau Action Concerté Pygmée (RACOPY), Association Sanguia Buma’a Kpode (ASBABUK) CAR: Maison de l'Enfant et de la Femme Pygmées (MEFP) |
Duration: |
3,5 years, starting 01.07.2020 – 31.12.2023 |
Programme volume: |
3,33 Mio. EUR (3 Mio. € BMZ funding / 333.000 EUR WWF own funding) |
Target groups: Indigenous and local populations in and around the protected areas of Salonga (DRC), Dzanga Sangha (CAR) and Lobéké (CM), park administrations, local and provincial authorities, national governments, Civil
Society Organizations, Community Based Organizations, judicial institutions
2) PURPOSE, SCOPE AND METHODOLOGY OF STUDY
Rationale / Purpose
This program shall be designed to link local issues with policy processes on the national and regional (i.e. Congo Basin) level. For this reason, a multi-level approach across the three work streams will be key to achieve the program goals. Further, only through an exchange between actors working on micro, meso and macro level and the identification of synergies between them will create the intended impact. The purpose of this feasibility study is to provide a sound basis for the development of the program concept by identifying prerequisites, opportunities and risks. In this regard, the general program context, the political framework and key stakeholders shall be assessed (see chapters 3 and 4). The information obtained shall serve as baseline to develop SMART (Specific, Measureable, Achievable, Relevant and Time-Bound) indicators for the impact matrix and give an overview of the current situation of human and IP rights, grievance mechanisms and related CSO capacities in the target areas. The program shall further be evaluated against the OECD DAC criteria (see chapter 5).
Finally, recommendations shall be given on the structure, set-up and content of the program concept and the planned activities.
The study is also expected to assess and comment the (draft) impact matrix (see an extract in Annex D).
Scope
The program enhances the Human Rights situation of IPLC in three target areas in the Congo Basin through advocacy work, access to legal support, sensitisation, and capacity building of civil society. It covers three countries, the Democratic Republic of Congo (DRC), the Republic of Cameroon (CAM), the Central African Republic (CAR).
Human rights centres and complaint mechanisms already exist around DSPA and LNP but need improvement e.g. with regards to gender-sensitivity or social safeguards. However, there is neither a grievance mechanism nor a human rights centre or a strong CSO present around SNP. Therefore, the focus of this program will be on Salonga National Park in the DRC, where the needs are the most urgent. This focus may also be reflected in the feasibility study in terms of level of details.
Methodology
The feasibility study is to be designed and conducted as a desk study combined with remote interviews (via Skype/Email/ Telephone etc.). The contract will include the preparation and write-up of an overall report that covers country and site-specific information in dedicated chapters. The consultant is expected to use the following approaches in an adequate and useful mix:
With respect to a) the following documents should be consulted:
With respect to b) the following documents should be consulted:
Most relevant preparatory documents will be provided by WWF Germany.
With respect to the points c) to h) WWF Germany will compile a list of staff members, partners and stakeholders to be consulted on the regional and the three national levels (a maximum of 20 remote interviews to be held):
3) CONTEXT AND PROBLEM ANALYSIS
The assignment is further expected to give specific information on the following issues/questions:
Work Stream 1 – National and regional advocacy work The study is expected to provide:
Work Stream 2 – Grievance mechanisms
more awareness through different means). How can this best be implemented in view of limited funding?
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Who could conduct an organizational development program? Can the WWF (with support from internal experts in OD) in the countries take over this function? |
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What are the needs / weakest points of the local NGOs and what is lacking to enable them to implement the planned complaint mechanisms? |
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Do the identified NGOs have the capacity and a strategy for advocacy work and to influence national political processes and legal frameworks? |
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Is there a national or regional exchange platform allowing CSOs to discuss best practices with regards to the management of grievance mechanisms? |
4) STAKEHOLDER ANALYSIS
The feasibility study is expected to provide a stakeholder analysis for relevant governmental and non-governmental stakeholders on micro, meso and macro level and describe how they are interlinked. In this context, a power analysis and the template in Annex B shall be used.Additionally, the following questions shall be addressed:
Work Stream 2 – Grievance mechanisms
Work Stream 3 – Organisational development
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Do the CSO partners have the capacities and interest to implement the planned programme? If not, what support or incentive would they need to build it in due time? |
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Are the identified CSOs suitable to manage the grievance mechanism on site as well as advocacy work on meso and macro level? |
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Are they interested to cooperate with WWF to improve the human rights situation around Protected Areas? |
− |
What are each CSOs strengths and weaknesses? Are the CSOs aware of environmental and social safeguards (e.g. by the World Bank)? |
− |
What capacities are lacking, and which trainings are necessary to ensure an independent management of the grievance mechanism and advocacy work by the CSO (in the near future)? |
−
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To what extend do the stakeholders identify with the programme and are willing to make it a success? Are there up to date guidelines for financial management, regular procedures and personnel? Are they in line with international standards and do they contribute to an efficient project/program management? |
5) ASSESMENT OF THE PLANNED PROGRAMME BASED ON OECD:DAC CRITERIA
Criterion 1: Relevance
Criterion 2: Effectiveness
Criterion 3: Efficiency
Criterion 4: Impact
Criterion 5: Sustainability
Criterion 6: Coherency, Complementarity
6) EXPECTED DELIVRABLES; TIMELINE AND COSTS
Major Evaluation Task/Deliverable |
Estimated Time |
Dates / Deadline |
Cost |
Preparation (Desk review and arrangement of interviews) |
5 days |
Starting asap |
|
Report (max 30 pages) drafted and circulated to relevant staff, Briefing on preliminary findings (soft copy) |
12 days (of which 3-4 for interviews) |
By end-March/ early April |
|
Comment period / Availability for questions, calls and finalisation |
3 days |
end March/early April |
|
Report (max 30 pages) finalized by consultant and approved by person/organisation who commissioned the evaluation (soft copy) |
|
Early April |
|
Total |
< 20 days
|
|
< 15,000 EUR |
7) PROFILE OF CONSULTANT
The consultant will state that he/she does not have and never had any role in the program to be analysed, and no hierarchical or other relationship with, or dependency from the project managers. For further information and requirements please consult the Declaration of Honour form, as attached to the tender package.
The consultant will be responsible for the overall implementation of the respective desk research including interviews and the report writing.
Selection Criteria and Technical and professional ability
Required Expertise regarding the team delivering the services |
Proof to verify the compliance |
The absence of any professional or personal conflict of interest |
Signed declaration of honour (nonexclusion criteria form) |
Required Expertise regarding the person or team delivering the services |
Proof to verify the compliance |
At least 5 years of expertise to carry out quantitative and qualitative analysis related to the topic of this procurement |
The tenderer must provide references for at least 3 projects that altogether demonstrate the requested capacity and were delivered in the last 3 years. The project references should include at least title, duration, geographical scope, public entity´s name and the type of the procurement procedure
|
Sound knowledge of human and indigenous rights – at least 3 years of professional experience or at least the demonstration of the participation in 3 projects. |
The tenderer must provide references for at least 2 projects that altogether demonstrate the requested capacity and were delivered in the last 3 years. The project references should include at least title, duration, geographical scope, public entity´s name and the type of the procurement procedure |
Technical competency on the issue to be evaluated: human and indigenous rights, respective policy/legislations; experience with multi-level approaches will be a strong advantage |
Proof of education (university degree in a relevant subject) |
Fluent in French language (C1 according to the European common reference system) |
CV + project references |
In-country experience in Africa – preferably Central Africa - at least 5 years, or at least 3 projects/consultancies carried out in the last 10 years. |
CV with reference to the projects carried out in any African country |
Award criteria
The contract will be awarded based on the most economically advantageous tender, according to the 'best price-quality ratio' award method. The quality of the tender will be evaluated based on the following criteria. The maximum total quality score is 100 points. Tenders that receive less than 70% of the maximum possible mark for the whole quality evaluation or less than 60% for one of the quality criteria will be eliminated and their final score will not be calculated. Tenders that do not reach the minimum quality levels will be rejected and will not be ranked.
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