TERMS OF REFERENCE FOR IN COUNTRY CONSULTANT / RESEARCHER

TERMS OF REFERENCE FOR IN COUNTRY CONSULTANT / RESEARCHER TO CONDUCT A REVIEW OF POLICY AND LEGISLATION AND SUMMARISE COMPLIANCE ISSUES IN THE CONTEXT OF LARGE CARNIVORE CONSERVATION. 

1.      Background to the consultancy.

In the Regional strategy for the conservation of Cheetahs and African wild dog in Southern Africa (2007; see www.cheetahandwilddog.org), the need to update policy and legislation was included as an objective (Review and, where necessary, revise, international, national and local legislation, policies and protocols affecting cheetah and wild dog conservation) This objective was retained in all six of the national action plans (NAPs) developed under the implementation programme of the regional strategy (Botswana, Mozambique, South Africa, Zambia, Malawi and Zimbabwe) for cheetah and wild dog, and is likely to remain an objective in the NAPs to be developed in the other countries in the region

Similarly, in the Regional Conservation Strategy for the Lion in Eastern and Southern Africa (2006), a key objective also referred to the need to address the policy and legislative environment to effectively conserve lion populations in the two regions (To develop and implement harmonious, comprehensive legal and institutional frameworks that provide for the expansion of wildlife integrated land-use, lion conservation and associated socioeconomic benefits in current and potential lion range)

These objectives were developed to address problem analyses which identified problems facing the conservation of these species such as weak and incompatible legislative environments and lack of political will. Successful conservation of species, and the natural habitat they rely on, depends to a very large extent on an enabling policy and legislative framework. Cheetah, wild dog and lion conservation stakeholders all agreed that policy and legislative frameworks in place in Southern Africa are outdated with insufficient emphasis on conservation, and that in many areas there is a serious lack of compliance to existing legislation. It was also felt that many policies and legislative instruments were conflicting within range states. For example, policies on wildlife use are generally often generated by wildlife or tourism ministries, and may conflict with policies on land use, generally generated by agricultural and/or development ministries. There  can also be conflict between range states, as large carnivores are by their nature, wide ranging species (cheetah and African wild dog especially so) and populations often straddle land use and administrative boundaries within and between range states. Conflicting policies and legislation between land uses and range states provides a serious hindrance to the conservation of the species

However, appropriate legislation is not sufficient unless there compliance is enforced. A lack of compliance to existing policies and legislation was a stated concern of stakeholders in both the regional cheetah and wild dog workshops, and the regional lion workshop. It is currently unclear the extent of non compliance and how this effects the conservation of large carnivores. Moreover, because of a lack of harmonisation of legislation between different ministries, there was confusion about the policy and legislative environment that stakeholders operate in with respect to the conservation of large carnivores; this confusion extends across many stakeholders in the region.

In April 2012 the National Geographic Big Cat Initiative has provided funding for a comprehensive review of the current situation in seven SADC range states for cheetah, recognizing the importance of creating and enabling environment for the conservation of this iconic species. Range states to be included in the project are Tanzania, Malawi, Zambia, Mozambique, Namibia, Botswana and Zimbabwe. We seek consultants with the necessary experience who will work under the guidance of the Zimbabwe Environmental Lawyers Association to compile relevant information about their countries. ZELA will then compile an overview of the region and where there is also incompatible legislation across countries.

Once this review has been carried out and an assessment of compliance and factors affecting compliance, the results will be presented to a group of carnivore conservation experts who will then draft recommendations as to how the policy and legislative environments can be improved for the conservation of carnivores. The review and the recommendations will then be widely disseminated to all key decision makers and stakeholders by the Range wide programme.  

1.1Objectives of the overall project

1.   To conduct a review of all policies and legislation in place within seven Southern African range states that are members of SADC and are relevant to the conservation of large carnivores (Botswana, Malawi, Mozambique, Namibia, Tanzania, Zambia and Zimbabwe) 

2.      To assess levels of compliance in each range state to existing policies and legislation and determine, where possible, socio-political factors associated with compliance

3.      Using a panel of carnivore experts, assess whether current policies and legislation are appropriate and sufficient for large carnivore conservation and make recommendations for legislative revisions. 

4.      Generate a policy document targeted at governments and policy makers in the seven countries included in the region which outline recommendations and their rationale. 

5.      Disseminate the resultant document directly to national government bodies. 

2.      Responsibilities of the in country consultant and deliverables.

1.      Each consultant/reseacher will carry out a comprehensive review of all policies and legislation (including regulations/ statutory instruments) related to the conservation of large scale carnivores in the country and identify existing gaps and conflicting instruments. Policy and legislation that affects the conservation of large carnivores goes beyond wildlife law, but includes land use, agricultural policies as well as trade and customs and mining. The consultant is encouraged strongly to think out of the box and to consider all instruments that may have a bearing on the conservation of large wide ranging carnivores within their country.

2.      Assess the level of compliance with existing laws and policies at the national level and protocols and policies at the regional level and determine, where possible, socio-political factors hindering compliance and enforcement

3.      Produce a report showing research findings, especially highlighting incompatible instruments and gaps which hinder successful conservation. The report  must also provide recommendations as to how the current environment can be change, gaps filled in and compliance and enforcement increased.

4.      The report is for experts in carnivore conservation and must be written in such a way that can be understood by people with little or no legal background.

3.     Time Frame

The consultant will be required to carry out the research and produce a report within a two month period of acceptance of the contract. We would prefer consultant who are available immediately (May 2012) and able to submit report by the 30^th of June,2012

4.      Qualifications and experience.

All researchers are expected to possess the following qualifications:

1.      A law degree

2.      Demonstrated desk based research skills

3.      Demonstrated knowledge of the wildlife and conservation sectors as well as political context of countries across the region

4.      Attention to detail and ability to meet deadlines

5.      Excellent report writing skills

6.      Familiarity with initiatives to reform the wildlife sector within the Southern Africa Development Community (SADC) Region

A covering letter stating such skills and an accompanying CV is required for this contract.

5.     Remuneration

As per other similar contracts the consultant will be paid 25% of the total fee of USD 1000 on signing the contract, 50% on production of the report and the final 25% on acceptance of the report by the project leader from the Range Wide Programme, Dr Gianetta Purchase.