Ref.
2024/FTDAVOTAMLOMRD/11202
Job offer type
Experts
Type of contract
Service contract
Activity sectors
Sustainable development ; Other ; Economic and financial governance
Deadline date
2024/06/14 00:00
Duration of the assignment
Short term
Contract
Wage portage
Duration
2 months
Finalizing the Drafting and Validation of the AU Model Law on Mineral Resources Development (M/W)
Departement Economie Durable et Inclusive - EDIN > Pôle - Politiques Economiques et Commerciales
Published on : 2024/05/21
SUB-SAHARAN AFRICA
ETHIOPIA
ADDIS ABABA
Mission description
1) General objective
The main objective of the consultancy is to finalize the drafting of the AU Model Law on Mineral Resources Development and organize the related consultative workshops to validate the draft.
Major duties and responsibilities:
The specific objectives will be:
a. Review the existing draft Model Law on Mineral Resources Development in line with the existing instruments, institutions relevant to Mineral Resources Management and Governance in all 55 AU Member States;
b. Analyze and identify the gaps based on the emerging needs of the mineral industry including the advent of critical minerals and transition minerals that are required in producing energy technologies and promotion of the African Continental Free Trade Area (AfCFTA);
c. Organize a preliminary validation workshop bringing together all members of the African Technical Working Group (TWG) on the Model Law to review and update the draft Model Law,
d. Organize the second consultative and validation workshop with the relevant stakeholders including AU Model Law on Mineral Resources Development’ Technical Working Group (TWG), AU Member States represented by the Bureau of the AU STC TTIM, Regional Economic Communities, and relevant African minerals’ stakeholders;
e. Support the AUC in facilitating the stakeholder consultation and validation workshops;
f. Support the AUC in the processes leading to the adoption of the draft AU Model Law on Mineral Resources Development by the AU policy organs including the relevant Specialized Technical Committees.
2) Outcome
The consultant should provide the following:
1. A draft inception report within ten working days of signing the contract. The inception report should demonstrate a clear understanding of the assignment by the consultant(s). The report should also include a detailed work plan, timeline and deliverables of the assignment.
2. A baseline assessment and plan to address any information gaps through survey or other relevant data collection tools.
3. First draft of the Model Law on Mineral Resources Development is to be submitted after 30 working days.
4. The second draft to be submitted after 60 Working days incorporating all comments and suggestions made by stakeholders.
5. A comprehensive report on the consultancy with lessons and best practices.
6. Participate and present the draft Model Law at a consultative meeting with Technical Working Group and overall stakeholders.
Project or context description
Expertise France is a French public international cooperation agency. It designs and implements projects which aim to contribute to the balanced development of partner countries, in line with the Sustainable Development Goals (SDGs) of the 2030 Agenda and the priorities of France’s external action. Expertise France’s mission is to meet the demand of partner countries seeking to enhance the quality of their public policies in order to address the environmental, social, economic and security challenges they are facing. The agency achieves this goal by implementing projects in the main areas of public action:
- Democratic, economic and financial governance;
- Stability, international security and peace Stability, international security and peace
- Sustainable development, climate and agriculture
- Health and human development
In order to give substance to this dialogue and to enshrine it in the long term and with a specific focus on the second theme of its declaration of intent, a total of EUR 2.75 Million in funding have been granted by the French Development Agency (AFD) to Expertise France in the form of a technical assistance and capacity-building facility to support the African Union (AU) on issues within its area of expertise.
Based on a request from different departments from the African Union Commission (AUC), the French Facility for Technical Assistance to the AU facilitated the conduct of a number of studies, strategy and policy papers aimed at supporting the AUC on topics related to economy and commerce.
The African Union Model Law on Mineral Resources Development
The authority to draft the African Union Model Law on Mineral Resources Development was derived from the Decision Assembly/AU/Dec.605 (XXVII) on the outcomes of the retreat of the Assembly of the Heads of State and Government of the African Union that was held in July 2016, in Rwanda.
The Assembly requested the AUC to undertake a study on the management of African mineral resources, with a particular focus on optimizing revenue through the harmonization of royalties and fiscal regimes. And further, build on the study in order to develop a model law that will provide guidance to the Member States in reviewing their royalties and fiscal regimes. The Assembly further requested the Commission to undertake a study on the management of natural resources in Africa, including value addition to raw minerals.
The proper management of natural resources through an effective fiscal regime and sound public financial management will set African countries on course for sustainable development and prosperity. A harmonized mining laws can additionally be used to achieve other goals such as environmental protection, achieving the Sustainable Development Goals and giving incentives to keep value-added activities in the country thereby moving the country and its economic actors up the global minerals’ value chain.
Consequently, the AUC organized the first drafting meeting in September 2017, in Abidjan, Côte D'Ivoire. The experts agreed that the decision was narrow as it emphasized fiscal aspects only. This was followed by the second consultative meeting that was held in June 2018, in Accra, Ghana. The Experts further recommended the inclusion of legal, institutional rules and procedures for incorporation into the text of the Model Law on Mineral Resources Development.
The expert further recommended the draft Model Law to address the challenges of value addition across the entire value chains as provided in the Africa Mining Vision and African Union Commodity Strategy, a flagship project of Agenda 2063. This was viewed to enable the AU Member States to harmonize their mining laws/codes, enable information sharing; promote the acquisition, ownership and management of geological data.
The Model Law is expected to provide African governments with specific guidance on establishing and attaining regional standards to increase domestic revenue generation. The importance of creating and adopting model mining legislation in Africa is to ensure that international investors and mining companies cannot establish terms that are disadvantageous to the country in question. The Model Law also proposes a strong institutional framework for the regulation and management of the exploitation of mineral resources in Africa.
The most recent consultative meeting was held in November 2021, in Nairobi, Kenya. The expert had made significant progress in refining the draft Model Law but was not able to finalize it due to the magnitude of the work that still has to be done. The expert proposed the organization of other consultative workshops to finalize the Model Law and make it ready for presentation to the AU Specialized Technical Committee (STC) on Trade, Tourism, Industry and Minerals (TTIM); and AU STC on Justice and Legal Affairs.
As a result, the AUC’s Department of Economic Development, Trade, Tourism, Industry and Minerals (ETTIM) has partnered with the Expertise France to recruit a senior short-term consultant to review and finalize the draft Model Law on Mineral Resources Development, organize consultative/validation workshops with the African Technical Working Group (TWG), relevant African Union Policy organs, AU Member States related institutions, Regional Economic Communities and African minerals industry’s stakeholders.
Required profile
1) Number of experts per assignment:
2) Profile of the designated expert responsible for contract execution
The Consultant: 60 days
The Consultant will provide advice and technical support to the French-AU Technical Facility and African Union Commission (Department of Economic Development, Trade, Tourism, Industry and Minerals) stakeholders on the elaboration of the AU Model Law on Mineral Resources Development. In addition, she/he will be responsible for the day-to-day management of the mission, including planning, coordination of inputs, ensuring that outcomes are delivered, and that the overall quality of the services provided is maintained. The Consultant will have overall responsibility for the smooth running and timely implementation of the project. She/he will be responsible for coordination with the main stakeholders and networks approached during the mission.
Qualifications and skills:
· At least a Master’s degree in International Law, Mining Law, Economics, Business, Finance, International Development, Geology, or another relevant fields.
· Fifteen (15) years of experience in mineral governance, mineral policy advice and related areas, of which eight (8) years at a relevant consultancy.
Specific Professional Experience:
- In-depth knowledge of the Africa Mining Vision and its implementation instruments such as: The Africa Minerals Governance Framework (AMGF); AMV-Private Sector Compact; Country Mining Vision (CMV); Africa Minerals and Energy Classification Framework (AMREC); and African Union Commodity Strategy.
- Working experience in Regional or Global mining governance institutions.
- Ability to effectively use and apply the AUC or other comparable international organizations’ administrative, legal and operational procedures.
Required Skills:
· At least one African Union language; knowledge of additional African Union languages would be beneficial.
· Demonstrates focus on achieving quality results and impact.
· Excellent interpersonal and communication skills.
Additional information
1) Anticipated deliverables
The Consultant will deliver an inception report, an interim report including the final draft of the Model Law and a validated version by the stakeholders, AUC and French-AU Technical Facility.
|
Name of report |
Content |
Time of submission |
|
Draft Inception report |
The report should also include a detailed work plan, timeline and deliverables of the assignment. |
To be submitted within 10 days of signing the contract. |
|
Needs Assessment |
A baseline assessment and plan to address any information gaps through survey or other relevant data collection tools |
To be submitted within 15 days of signing the contract |
|
First draft |
AU Model Law on Mineral Resources Development |
To be submitted after 30 days |
|
Second draft |
AU Model Law on Mineral Resources Development |
To be submitted after 45 working days upon conclusion of the consultative meeting with the Technical Working Group and incorporation of their inputs. |
|
Final draft |
AU Model Law on Mineral Resources Development and Comprehensive report on the consultancy with lessons and best practices |
No later than 2 months following the signature of the contract and upon a conclusion of the validation workshops by all relevant stakeholders and incorporation of their inputs. |
2) Submission and approval of reports
Electronic versions of the reports referred to above must be submitted to the Coordinator of the French-AU Technical Facility and African Union Commission (Department of Economic Development, Trade, Tourism, Industry and Minerals). The reports must be written in English. The coordinator and Industry, Minerals and Innovation (IMI) Division of the AUC are responsible for approving the reports.
3) Language requirement
Proficiency in one of the African Union working languages, knowledge of two or more other working language(s) would be an added value.
4) Evaluation criteria
Interested candidates must provide information demonstrating that she/he has the required qualifications and relevant experience to perform the services. Consulting firms may propose individual consultant/s, but only the experience and qualifications of individuals shall be used in the selection process, and that his or her corporate experience shall not be considered, and the contract would be signed with the proposed individual.
Interested candidates are requested to submit their CV together with the copies of their diploma, and possibly the references.
5) Coordination
Ø The service provider shall designate a single contact person for project implementation purposes. M. Kervin Kumapley, Project Coordinator of the Expertise France AU Facility, will be the service provider’s contact persons. Name: Mr. Kervin Kumapley - Tel: +251 902 420 250 - E-mail: kervin.kumapley@expertisefrance.fr
Ø AUC ETTIM’ contact address: Mr. John Youhanes MAGOK, Expert on Minerals Resources Development; Email: NhialJ@africa-union.org – Tel: +251 983 360 934
Ø Ownership of the AU Model Law on Mineral Resources Development lies entirely with the AUC’s ETTIM’s Division of Industry, Minerals and Innovation, given the fact that all these are policy making areas under the exclusive mandate of Department.
Ø Implementation period: From the date the contract is awarded to latest 4 months following the signature of the contract
Ø Start date: from the date the contract is awarded (early July)
Ø Latest end date: 4 month following the signature of the contract
Ø Mission location: The mission is home based.
Ø The duration of the assignment is four (4) months, starting from the date of contract signing.
Selection criteria for applications
The selection process for candidates will be based on the following criteria :
- Candidate’s training/skills/experience
Deadline for application : 2024/06/14 00:00
File(s) attached : TORs for Finalizing The Drafting and Validation of the AU Model Law on Mineral Resources_Final_FR.docx - TORs for Finalizing The Drafting and Validation of the AU Model Law on Mineral Resources_Final_EN.docx
Expertise France is the public agency for designing and implementing international technical cooperation projects. The agency operates around four key priorities :
- democratic, economic, and financial governance ;
- peace, stability, and security ;
- climate, agriculture, and sustainable development ;
- health and human development ;
In these areas, Expertise France conducts capacity-building initiatives and manages project implementation, leveraging technical expertise and acting as a project coordinator. This involves combining public sector expertise with private sector skills to drive impactful results.