Short Term Expert- Legal Advisor Cocoa Value Chain

Short Term Expert- Legal Advisor Cocoa Value Chain

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Project Background

The Technical Assistance to the Coffee and Cocoa Value Chain in Uganda is an EU funded project with the scope to assist Uganda in the upgrading its coffee and cocoa value chains, with a quality export perspective and with focus on small holders.

The project supports both private and public sectors, who are the beneficiaries, and involves research activities.

In order to achieve the expected results, the activities cover the following three result areas:

Result 1. Improved policy ang regulatory framework for cocoa value chain.

Result 2. Improved production, post-harvesting and marketing of coffee and cocoa value chains and

Result 3. Marked-led research in coffee and cocoa, trade analysis and market surveillance strengthened.

Description of Assignment

Cocoa is a relatively new crop in the country, with favourable environment and climatic conditions; its cultivation is encouraged by the Government, as a diversification income opportunity, especially for small holders. The produce is exported raw, as the country has no sufficient volume production to justify investments in processing; furthermore, specific post-harvest technologies are required for ensuring quality standards for export, which are not presently available in a consolidate management system in the country.

Currently there is no official legal system regulating and monitoring cocoa production, nor a public framework with the mandate to promote the development and export of the sector.

Promotion, regulatory framework and coordination of activities are therefore weak as a result. The private sector is operating without defined regulations and guidelines. The Ministry of Agriculture (MAAIF) has the mandate to regulate and guide the sector. The Uganda National Bureau of Standards has developed some standards for coca beans, processed cocoa and ochratoxin contamination and is working on updating them and in participation in the ISO technical committee for the ISO 34101 Sustainable and traceable cocoa.

Responsibility and core functions

This assignment is related to implementation of Part 1 Result 1:

Draft the policy, legal, regulatory and institutional framework, including standards, guidelines and best practices along the cocoa value chain. A particular focus will be set on women’s empowerment and on mitigation of climate change/environmental impacts.

Specific tasks

To define or update national cocoa policy, legal, regulatory and institutional set up, including SPS requirements, traceability, rules of origin, quality control, while mainstreaming climate change, environment and gender opportunities.

Deliverables

The short-term expert will submit an inception work plan within the first 5 days of the assignment, specifying the details of the activities and deliverables, in accordance with the tasks indicated above; the workplan will be agreed in consultation with the National Project Coordinator and the team leader for the Technical Assistance.

Expected outputs include:

1.       Draft Cocoa National Policy

2.       Cocoa national implementation strategy

Methodology and Collaboration

The results of the Regulatory Impact Assessment for cocoa shall be the basis in drafting the Policy and regulatory documents.

The realisation of Result 1 will go through an inclusive consultation and validation process, taking into account gender and climate change/environment mainstreaming.

 

It will be implemented by phases according to the Terms of Reference of the TA service; it will include reviewing the National Development Plan II and other development strategy guiding documents, reviewing and updating existing policy, legal, regulatory and institutional framework documents, including standards and best practices along the cocoa value chain, against international requirements.

The Project Management Unit will invite key government organisations and private operators/organisations to nominate competent officers and representatives to participate in a working group, divided in panels, to undertake the revision/draft process. This will ensure ownership and sustainability and active commitment by relevant public and private agencies.

 

The overall task will be accomplished by phases:

·         Phase 1 Consultations + First review and update + Disseminationof the first review and update to both public and private cocoa stakeholders. Duration: 2.5 months

·         Pause 3 weeks

·         Phase 2 Consultations on first review and update (workshop) + Second review and update + Dissemination. Duration: 1.5 months

·         Pause 3 weeks

·         Phase 3 Final review and update + Validation Duration 1 month

 

Partners

The Expert will assist and work in close collaboration with the Legal office and other pertinent Directorates of Ministry of Agriculture, Animal Industry and Fisheries; the standard component will be developed in close collaboration with the pertinent Department and staff of UNBS, following their established process and procedures, management of technical committees, consultation with stakeholders and validation.  For technical production aspects, he/she will work in close collaboration with the Cocoa Value Chain Expert.

Duration

The assignment will be for a maximum of 50 working days, extendable based on needs.

The expert will plan his/her mission(s) in consultation with the beneficiaries and the technical assistance team.

Period

The total duration for the realisation of Result 1/Area a) is 6.5 months

Distribution of working days shall be determined in consultation with the beneficiaries and the TA Team Leader: between January 2019 and the end of June 2019.

Location

Premises of the Uganda Coffee Development Authority, Kampala, Uganda;

a part of the work will be carried out at UNBS with some field visits to the cocoa growing areas, if required and visits to MAAIF offices on demand.

Reporting

Inception workplan

The short-term Expert is expected to submit an inception work plan at the end of the first week of the assignment, specifying the details of the activities and deliverables, in accordance with the tasks indicated above and agreed upon in consultation with the National Project Coordinator and the team leader of Technical Assistance.

Monthly reports

The Expert shall submit timely monthly reports to the Team Leader following the template provided, describing progress in carrying out the assignment against these Terms of Reference and the specific initial workplan.

Draft end of assignment Report

The expert shall submit a draft report within 15 days after the end of his/her assignment, according to the template provided by the TL.

The report shall include, but not be limited to the following:

·         Scope of the assignment

·         Listing of (key) meetings and persons encountered

·         Day to day journal with activities performed

·         Findings and results achieved

·         Recommendations for further assistance

·         Description of any difficulties encountered in performing the mission

·         Relevant annexes and supporting data, including the documents produced (National coca policy and implementation strategy)

The reports and annexes shall be delivered as electronic file(s) in MS Word and MS Excel.

Final Report

Comments will be submitted to the expert within two weeks from the submission of the draft mission report. A final report will be delivered by the expert within two weeks from the transmission of the comments from the representatives of the PMU and other vested stakeholders.

Language

The working language of the project and the language used in all reports and communications between the consultant and the Project management shall be English (UK spelling preferred).

Responsible KE

Team Leader Technical Assistance

 

Qualifications and Experience

  • At least a bachelor’s degree from an accredited college or university in law or any other relevant field.
  • Advance university degree will definitely be preferred.
  • A minimum of 7 years of specific working experience in the subject of legal framework of agricultural sector and trade
  • Excellent team player with a proven track record of working with multi stakeholder community
  • Strong interpersonal, communication and presentation skills
  • Deep knowledge of the legal framework in Uganda.
  • Proven familiarity with standard setting bodies (ISO, Codex, etc.)
  • Experience in writing policies and negotiation skills
  • High level of proficiency in English 

Short Term Expert- Regulatory Impact Assessment (RIA) Consultant for the Legal and Regulatory Framework for Cocoa Value Chain

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Project Background

 

The Technical Assistance to the Coffee and Cocoa Value Chain in Uganda is an EU funded project, with the scope to assist Uganda in the upgrading its coffee and cocoa value chains, with a quality export perspective and with focus on small holders.

The project supports both private and public sectors, who are the beneficiaries, and involves research activities.

In order to achieve the expected results, the activities are implemented covering three result areas:

Result 1. Improved policy ang regulatory framework for cocoa value chain

Result 2. Improved production, post-harvesting and marketing of coffee and cocoa value chains and

Result 3. Marked-led research in coffee and cocoa, trade analysis and market surveillance strengthened.

Description of the Assignment

Background of position

Cocoa is a relatively new crop in the country, with favorable environment and climatic conditions; its cultivation is encouraged by the Government, as a diversification income opportunity, especially for small holders. The produce is exported raw, as the country has no sufficient volume production to justify investments in processing; furthermore, specific post-harvest technologies are required for ensuring quality standards for export, which are not presently available in a consolidate management system in the country.

Currently there is no official legal system regulating and monitoring cocoa production, including a National Cocoa Policy, nor a public framework set up, with the mandate to promote the development and export of the sector.

Cabinet Secretariat has advised that the development of a cocoa policy should start with a Regulatory Impact Assessment (RIA), to inform on the best options for sustainable national cocoa development, so to ensure that the cocoa sub sector is developed to its full potential.

Responsibility and core functions

This assignment is related to implementation of Part 1 Result 1:

Draft the policy, legal, regulatory and institutional framework, including standards, guidelines and best practices along the cocoa value chain. A particular focus will be set on women’s empowerment and on mitigation of climate change/environmental impacts.

Specific tasks

To carry out a Regulatory Impact Assessment (RIA) to inform on the best option for sustainable national cocoa development.The options to consider may include harmonization of existing frameworks or development plan or strategy or policy or amendment of existing policies or laws. In other words, the RIA may recommend to have a specific policy for cocoa or the amendment of a coffee policy/law to take care of cocoa.

Specifically, working closely with MAAIF/UCDA technical staff and the Technical Assistance Team (TAT), the consultant will undertake the following duties:

1.       Read and internalize key documents in relation to policy, legal, regulatory and institutional framework of cocoa in Uganda.

2.       Consult key informants including actors along the entire cocoa value chain: relevant public institutions, including ministries, departments and agencies; academia and training institutions; research institutions; farmers’ organizations and cooperatives; private sector and civil society organizations and cocoa farmers.

3.       Determine the problem/s that the cocoa policy, legal, regulatory and institutional framework will address and define the goal/s of the legislation.

4.       Estimate the costs and benefits of implementing the cocoa strategy/implementation plan.

5.       Analyse the impacts of the cocoa policy on various stakeholders and determine the likely losers and winners.

6.       Draft the RIA report based on information gathered from various stakeholders, inputs from the National Steering Committee and documents reviewed.

7.       Organize and facilitate a validation and consensus building meeting with stakeholders to review the draft RIA report and clarify any issues arising, including any new information for discussion and consensus building.

8.       Finalize the RIA report and present it to UCDA for TPM review and clearance and on onward submission to Cabinet for approval.

Deliverables

The RIA consultant shall deliver the following during the assignment:

1.       An inception report by the end of the first week of assignment outlining methodology, work plan and roles and responsibilities of various parties during the assignment.

2.       Report highlighting on the best option(s) for sustainable national cocoa development.

3.       A draft RIA report that elaborates the core problems to be addressed by the cocoa policy, its impacts on various stakeholders, options for solving the problem, cost-benefits analysis and other requirements as outlined in the Guide to Policy Development.

4.       Final validated RIA report

 Methodology

The realisation of the expected result will be achieved through reviewing and updating the existing policy, legal, regulatory and institutional framework of cocoa documents, including standards, guidelines and best practices along the cocoa value chain, against international requirements, the National Development Plan II, National Export Development Strategy and other development strategy guiding documents.  

An inclusive consultation and validation process, taking into account gender and climate change/environment mainstreaming, will be conducted to determine the problems that the cocoa policy, legal, regulatory and institutional framework will address and define the goals of the legislation and its impacts on various stakeholders.

 

A first draft of RIA report will be circulated for review and internal presentations will be organised at the Uganda Coffee Development Authority and MARKUP National Steering Committee. Comments and suggestions received will be included in the final document that will be presented to UCDA for MAAIF-TPM for review and clearance and on onward submission to Cabinet for approval.

 

The RIA consultant will work closely with UCDA technical staff/National Programme Coordinator MARKUP and the Technical Assistance Team (TAT).She/he will report to the Managing Director, UCDA for technical issues and to the CTA-Chief Technical Advisor for contractual matters.

Partners

The RIA Consultant will assist and work in close collaboration with NPC MARKUP, the UCDA Legal office and other pertinent Directorates of UCDA, Ministry of Agriculture, Animal Industry and Fisheries, Department and staff of UNBS, Ministry of Finance Planning and Economic Development/National Authorizing Office (NAO) and cocoa farmers’ organizations and cooperatives apex body. 

Duration

The assignment will be for a maximum of 15-20 working days, extendable based on justified needs.

Period

April – May 2019

Location

Premises of the Uganda Coffee Development Authority Headquarters, Jinja Road, Kampala, Uganda will be the primary location, with visits to MAAIF, UNBS and other pertinent institutions on demand. Missions outside of Kampala will be organized as needed in collaboration with the UCDA and CTA.

Reporting

Inception workplan

The short-term Expert will submit a work plan within the first two days of the assignment, specifying the details of the activities and deliverables, in accordance with the tasks indicated above and agreed upon in consultation with the National Project Coordinator and the team leader of Technical Assistance.

Verbal reports

The incumbent will report progress to the TA on a daily basis and to the Project Coordinator on demand.

6.3 Draft end of assignment Report

The expert shall submit a draft report within 15 days after the end of his/her assignment, according to the template provided by the TL.

The report shall include, but not be limited to the following:

·         Scope of the assignment

·         Listing of (key) meetings and persons encountered

·         Day to day journal with activities performed

·         Findings and results achieved

·         Recommendations for further actions

·         Description of any difficulties encountered in performing the mission

·         Relevant annexes and supporting data

·         The RIA will be an annex of the report

The reports and annexes shall be delivered as electronic file(s) in MS Word and MS Excel, as required

Final Report

Comments will be submitted to the expert by the Project Coordinator and the TA within one week from the submission of the draft mission report. The final report will be delivered by the expert within two weeks from the transmission of the comments on the draft version.

 Language

The working language of the project and the language used in all reports and communications between the consultant and the Project management shall be English (UK spelling preferred).

Responsible KE

Team Leader Technical Assistance

Qualifications and Experience

  • Advance university degree (or equivalent) in finance, economics, management, policy analysis, public administration, business or other relevant field.
  • A minimum of 7 years of specific working experience in the subject of policy and regulatory framework development for agricultural commodities value chains.
  • A relevant experience in the legal, policy and regulatory framework development for agricultural commodities value chains or related fields. This experience must be demonstrated with previous consulting assignments that involved regulatory impact assessments.  
  • Deep knowledge of the legal framework in Uganda.
  • Proven familiarity with standard setting bodies (ISO, Codex, etc.).
  • Experience in writing policies and negotiation skills.
  • Good report writing, communication and presentation skills.
  • A good team player
  • High level of proficiency in English

Short-Term Expert Cocoa Value Chain

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Position Description:

This Short-Term Legal Advisor Cocoa Value Chain will define or update the cocoa framework package, which includes standard (under HS 1801), policy, legal, regulatory and institutional set up, production guidelines and best practices along the cocoa value chain, including SPS requirements, traceability, rules of origin, quality control, while mainstreaming climate change, environment and gender opportunities. The selected consultant will draft the policy, legal, regulatory and institutional framework, including standards, guidelines and best practices along the cocoa value chain. A particular focus will be set on women’s empowerment and on mitigation of climate change/environmental impacts.  The Cocoa Value Chain Short-Term Expert is expected to support three (3) core functions during this assignment; 1)  Regulation framework: production component, 2) Matching grant scheme: technical assistance to operators with the development of proposals and monitoring implementation, and 3) Research technical advice on best practices in cocoa production and comparison of financial viability. Expected outputs:

Deliverables:

  • Assist the cocoa legal advisor on technical matters related to cocoa national standards, production, post-harvesting and export, in particular to set guidelines on good agricultural practices and code of conduct
  • Assist private operators in technical aspects related to application and implementation of matching grant projects, in collaboration with the Matching grant Expert; be consulted by the matching grant evaluation commission for technical aspects, on request
  • Provide technical advice to NACORI (Cocoa research) to implement their programme estimate, in the three thematic areas of variety evaluation, good agricultural practices (plant production and plant protection) and financial viability. 

Qualifications and Experience:

  • Advance university degree and relevant experience which includes cocoa sector
  • A minimum of 10 years of specific working experience in the subject
  • Experience in value chain strategies
  • Knowledge in cocoa processing
  • Experience in cocoa certification issues
  • Experience in workshop facilitation
  • Experience in adaptive management of natural resources
  • Good communication and presentation skills
  • A good team player
  • High level of proficiency in English and good report writing skills
  • Experience in community mobilization will be valued
  • Knowledge on quality and regulatory aspects related to export will be an asset
  • Previous experience in Uganda will be regarded