This
memorandum is to notify you that the ABA-UNDP International Legal Resource
Center (ILRC)
has received a request from UNDP/Fiji for multiple experts to assist in
providing a legal opinion on the Fiji’s draft Mineral Act. We hope
to put together a diverse team of lawyers. Lawyers with a background in
Health and Safety issues, Land Tenure, Royalties, and Indigenous Populations
are encouraged to apply. The deadline for
expressions of interest is Monday, July 15th, 2013.
Expressions of interest must include CVs and a short cover letter expressing
related and relevant experience.
Experts
must be available for at least 3-6 weeks to work on this project. This is
a pro bono home based opportunity. Experts will receive
the documents to be reviewed via email and return comments and recommendations
within the specified timeframe. The ILRC will compile all the comments
and recommendations into one comprehensive report for UNDP/Fiji and their
stakeholders to review. We expect to begin this project during the
month of July.
[Please contact Jacqueline.Gichinga@americanbar.org for additional information and documentation. SPD]
BACKGROUND:
The
extraction of oil, gas, minerals and other natural resources has led to a
significant increase in revenue for a number of the Pacific Island countries.
While the revenue earned has fluctuated over the years, the increase in revenue
has not led to any significant improvement in overall human development
outcomes.
The
government owns the unextracted mineral resources in Fiji and the government controls
the majority of Fiji land. Approximately 88% of the land is held by indigenous
people as a communal tenure relationship under the control of the iTaukei Lands
Trust Board, a statutory body that manages the native land, thus this land may
only be leased. The Fiji government owns approximately 4% of land.
Only 8% of the land is considered freehold private land.
Fiji
land is regulated by iTaukei Lands Trust Board, Ministry of Lands and Mineral
Resources, and other federal and local government authorities that
deal with town planning and conservation. The government established a
"land bank" within the Ministry of Lands and Mineral Resources in
2011.
The Ministry of Lands and Mineral Resources controls and is
responsible for programs that govern the state land administration, mineral
sector and Fiji's groundwater resource. Part of the Ministry of Lands and
Mineral Resources's mission is to implement "policy initiatives on
lands, minerals and groundwater resources", "develop a sense of
societal and environmental responsibility, "improve revenue
collection to assist with governments nation building efforts" and "embrace
a corporate culture that is based on ethical and moral values".
The
Mineral Resources Department of the Ministry of Lands and Mineral Resources
provides policies on mining and facilitates the exploration and development of
minerals and other natural resources. This department is comprised of the
Mining Division, Geological Survey Division and Geological Services Division. (http://www.mrd.gov.fj/gfiji/).
Extractive industries intending to mine must receive a mining
lease and a land lease in order to gain adequate title to the land. Since
all of the unextracted minerals belong to the the government of Fiji, the
government receives the mining royalty payments. Royalty payments for the
right to extract the minerals are distinct from compensation payments for
the landowners / leaseholders loss of tenure or damage to the
land. This compensation payment is calculated by the degree of
impact from the mine or damage to the land and do not have any correlation to
the value of the mineral.
As
public attention turns towards the expanded use of the Pacific’s resource
endowment, including seabed mining, a key question that emerges is how natural
resource extraction can better contribute to sustainable development and
poverty reduction in the Pacific region.
UNDP
aims to support programme countries to harness their extractive industries for
a people-centred and sustainable development process. The
organizing framework for UNDP’s work structures the support to
programme countries on extractive industries for: 1) enabling participatory
legislation, policy and planning processes; 2) conducting people-centred
exploration and extraction operations, that is gender-sensitive and addresses
conflict risks and environmental and social sustainability; 3) prudently
collecting and managing revenues to advance sustainable development for all;
and 4) investing in human, social, physical and financial capital to advance
sustainable human development, compensate for declining natural wealth and
support economic diversification. Throughout, UNDP will take a human rights
approach paying particular attention to indigenous peoples and local
communities, and among these; women, girls and boys, migrants and artisanal
miners and their families, and other vulnerable groups.
To
that end, UNDP/Fiji is supporting Fiji and other island nations to:
o Manage
extractive industries to minimize negative impact on the community through
adoption of policies and programmes that respect cultural heritage and
diversity in the Pacific while ensuring environmental and social
sustainability; respect human rights and gender equality
o Manage
extractive industries to maximize opportunities for employment and associated
industrial development while avoiding disruption to local industry and
employment opportunities
o Manage
extractive industries by ensuring that all national and international
environmental regulations are adhered to and promote best practices by these
industries
o Manage
extractive industries to ensure health and safety of the indigenous peoples who
will be directly affected by the industries actions
o Educate
stakeholders and the community about the extraction processes in order to
ensure that the Fijians understand the implication of these laws and actions
o Adopt
policies to ensure that the benefits from the exploitation of extractive
industries are distributed equitably, including providing adequate compensation
for communities most affected by resource extraction.
Please review this document to learn more about Fiji Sustainable Land Management: http://www.undp.org.fj/images/stories/2012/PD_Envt/fiji_slm_00042574.pdf
SELECTION
CRITERIA:
We
are would like a diverse team of lawyers to work on this project. Lawyers must
have an advance degree in Law, Public Administration, Environmental
Law/Studies, or relevant degree and at least 6-10 years of demonstrated
experience in legislative reform, drafting legislation, and policy development
experience. Lawyers with a background in Environmental Law, Health
and Safety issues, Land Tenure, Royalties, and Indigenous Populations are
encouraged to apply. A diverse range of expertise is needed, including:
· Knowledge
of the management of extractive industries and offshore mining (seabed
minerals exploration) is
an asset, especially in the context of Pacific Islands
·
Knowledge regarding royalty and mineral law in Oceania
·
Knowledge of Fiji environmental laws, regulations and
standards
· Knowledge
of promoting human development through sustainable natural resource extraction
· Knowledge
and understanding of the socio-economic and political context in Fiji and the
Pacific Island Nations
· Experience
with land tenure issues and the rights of indigenous populations
· Experience
with stakeholder and civil society engagement on environmental issues
·
Excellent analytical and drafting skills with the ability to deal
with a range of complex legal issues
· Experience
in licensing and permit structure
· Experience
in Corporate Social Responsibility
·
Experience with UNDP or another UN agency and familiarity
with UN/UNDP field operations is a plus
· Fluency
in written and oral English
*Junior lawyers with an environmental background are welcome to
submit a CV and short cover letter for related legal research opportunities.
We would
be most appreciative if you would review and determine whether you, anyone
you know or any organization with which you are affiliated may have any
knowledge of experts who might be good candidates. The deadline for
expressions of interest is Monday, July 15th, 2013.
Expressions of interest must include CVs and a short cover letter expressing
related and relevant experience. As
always, we appreciate your assistance and please do not hesitate to contact us
for more information or if you have any questions.
Completed
applications must be sent to Jacqueline.Gichinga@americanbar.org.
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