Social Development Specialist (International)

Project Description/Background

Ministry of Mines and Petroleum is an enabler of the sector’s development and steward of all mineral and hydrocarbon resources through the implementation of international best practice, policies, regulations and procedures to encourage environmentally and socially acceptable private investment.

It is the responsibility of the Ministry of Mines and Petroleum to ensure progress in research, exploration, development, and exploitation of both minerals and hydrocarbons. The Ministry of Mines and Petroleum approach is to create the highest level of ministerial competence, promote clear and transparent investment opportunities through modern laws, regulation and policies; and develop a progressive and inviting fiscal regime.

Therefore, The Government of the Islamic Republic of Afghanistan is engaged in re-negotiation the Aynak Mining Contract (AMC), awarded in June 2008, between the Government and the MCC-JCL Aynak Minerals Company (MJAM).

In November 2015, MJAM provided MoMP with a revised draft feasibility study (RDFS) for the Aynak Copper Project (ACP), intended to form the basis for re-negotiation of the AMC. At that time, the RDFS showed that the mining project was technically feasible but financially unviable. Certain of the financial provisions of the AMC were identified as having major influence on the viability of the project and would require review.

Subsequently, it has become necessary to revise the technical scope of the project, with further impact on financial viability.

In September 2018 MoMP and MJAM commenced negotiations, expected to lead to the signing of a new, revised AMC, the target date for completion and signature of a new contact being 31 March 2019. The government has established a negotiating team with representatives of the Ministry of Mines and Petroleum, other ministries and technical and legal advisers.

Comprehensive contract amendments are expected to cover many areas of the AMC; technical, financial and legal. The most critical areas of the contract, currently under review, are those technical and financial components of the contract which significantly affect viability of the proposed mining project.

MoMP requires the support of a Social Development Specialist to assist in evaluating the social development models which will form a basis for technical and social development negotiations, to make recommendations on new social development provisions in the contract and to support and advise the government negotiating team in the negotiation process.

Request for Expression Interest (REoI)

Individual Consultant.

     TERMS OF REFERENCE

Social Development Specialist (International)

Assignment Information

Assignment Objective 

The Social Development Specialist is required to provide advice and support in a full-time capacity. These may be provided via written correspondence, telecommunication or attendance at meetings. It is anticipated that all remaining negotiation meetings will take place in Dubai, during the approximate period of eleven months from 1st February to 31 December 2019 and possibly beyond that date. It will be essential for the Social Development Specialist to be available to consult at all times and to be available to attend negotiating meetings, sometimes at short notice.

The Social Development Specialist will be required to review social development issues to provide social development advice and support to MoMP officials in reviewing, understanding and implementing the social development aspects related provisions of the Aynak Mining Contract; to assist in preparations for discussions and formal negotiations with MJAM; and to participate in such negotiations, providing sound advice and support at all stages through to any agreed amendments of the Contract and implementation thereafter.

Scope of Work

Below is the outline of activities to be undertaken by the Social Development Specialist (International)

Specific areas of responsibility

• Identify and interpret all Afghan legislation relevant to social development matters and assist MMCU officials in understanding, applying and complying with legislation in all their activities.
• Identify all relevant international social development standards and conventions, advise LSMU & MMCU officials on appropriate, World Bank and other recognized international standards and assist them in the application of selected standards in all stages of mining contract management.
• Participate in all phases of contract management from requests for proposals (RFP) to award of contracts, implementation and compliance monitoring, advising on all social content and ensuring that adequate measures are included for effective management of social development.
• Identify appropriate and relevant measures of performance in all large-scale mining activities and assist LSMU & MMCU officials in measuring compliance and identifying deviations. Recommend corrective actions and assist in enforcement of compliance.
• Review social development content of all proposals in response to RFPs, bids, project proposals and mining plans, social impact assessments and management plans, feasibility studies, contracts and all other official documents relating to management of large-scale mining contracts. Advise LSMU & MMCU officials on the correctness and adequacy of social development content and on compliance or otherwise with relevant legislation, conventions and standards. Make recommendations for correction of errors or omissions.
• Advise and participate in preparation of Resettlement Action Plans (RAP) by LSMU and MMCU officials, ensuring that all potential social development impacts are identified and controlled. Advise and assist in all social aspects of implementation of RAP, in monitoring progress and results and in achievement of compliance with World Bank (WB) guidelines on resettlement.
• Advise and participate in the conduct of ESIA and ESMP and related studies, by the LSMU and MMCU, in liaison with other relevant agencies (e.g. for construction of resettlement villages & amenities). Assist in identification of suitable sites and in determination of required facilities.
• Participate in evaluation, and make recommendations on the approval of, social aspects of mine closure and rehabilitation plans in feasibility studies and any other documents, with particular reference to relocation of mining communities and re-deployment of employees where possible.  Advise on disposal of social infrastructure. Assist in assessment and estimation of these components of closure cost estimates, for purposes of determining closure bonds.
• Participate in adjudication of bids, selection of preferred bidders and negotiation and drafting of contracts to ensure that social components comply with legislation and meet acceptable standards.
• Liaise closely with Environmental Experts in the LSMU and MMCU and other authorities, especially in relation to documents and studies where environmental and social development issues overlap, e.g. ESIA, ESMP.
• Liaise effectively with other departments and officials of the Ministry of Mines and Petroleum.
• Liaise with other government ministries and agencies as required, on all social development matters relating to large-scale mining.
• Represent the LSMU, MMCU or MoMP, on instructions from the Head of the LSMU or MMCU, Deputy Minister (Technical) or other authorized senior MoMP official, in meetings, workshops, conferences etc. on social development issues.
• Participate in drafting of social development regulations if requested by authorized senior MoMP officials.
• Assist LSMU & MMCU officials in all aspects of inspections and audits of social development practice and compliance. Prepare procedures, protocols, checklists and other instruments for use in these activities and assist in reporting of outcomes.
• Capacity building: in all activities, apply techniques of coaching and mentoring of MMCU staff contacted. Identify social development training needs throughout the MMCU, prepare training material and conduct training workshops and courses with the approval of the Head of the MMCU.
• On request or instruction by the Head of the MMCU or His Excellency the Deputy Minister (Technical), extend to other MoMP officials any and all services listed in these ToRs to be supplied to MMCU officials.
• Assess the robustness of the consultation process required for the preparation and 
• implementation of the Ethnic Minorities Development Plan.
• Ensure adequate assessment and preparation of all relevant social safeguard documents, including but not limited to RAP, ESMF, ESIA, RPF, SEP, ESCP.

Minimum Qualifications

Contract Duration

The Consultant is initially required for 12 months with possibility of extension for another 12 months, However the initial contract will be signed up to Dec-2019, due to budget regulations.

Reporting

Social Development Specialist reports to Environmental & Social Team Leader

Conflict of Interest

The Consultant is required to disclose on any potential, actual, or perceived conflicts of interest arising out of other assignments or a conflicting involvement in other assignments.

Confidentiality

The Social Development Specialist agrees to keep confidential all information that it receives, directly or indirectly, from the Afghan Government, its agencies or ministries, or any other source, as well as all reports, briefs and opinions prepared by the Consultant, or by third parties, on the basis of such information (collectively, the Material). The Specialist will use the Material exclusively for the purpose of preparing deliverables relevant to this assignment as requested by the Government of Afghanistan and/or the Ministry of Mines and Petroleum. The confidentiality obligations will not apply to information in the public domain

Application procedure:

            Qualified and interested candidates are requested to submit the following documentations:

1. Cover letter including a Brief Note stating why the candidate thinks s/he is the best candidate for the assignment,
2. Personal CV with details of work experience relevant to the announced TOR, submitting previous publications is an asset

Submission Guideline

The applicants should submit his/her resume with subject line stating the job title and vacancy no. no later than the closing date.

Note: Only application send to below address will be considered. Applications send to any other address even within the organization will not be considered.

Submission Email

To: procurement@momp.gov.af ,Cc:  abdulsattar@momp.gov.af , khalid.ahmadzai@momp.gov.af