2:15 AM
Harriet
Job Title: INDIVIDUAL CONSULTANT: NATIONAL LEGAL EXPERT FOR TOURISM LEGISLATION (UGANDAN NATIONALS)
Location : Kampala, UGANDA
Application Deadline : 27-Jan-13
Additional Category Poverty Reduction
Type of Contract : Individual Contract
Post Level : National Consultant
Languages Required :
English
Starting Date :
(date when the selected candidate is expected to start) 04-Feb-2013
Duration of Initial Contract : 40 Working Days
Expected Duration of Assignment : 40 Working Days
Background
The Government of Uganda in its National Development Plan 2010/2011 – 2014/2015 has identified tourism as one of the primary growth sectors for transforming Uganda into a middle income country. However, growth and performance of the sector is constrained by the lack of appropriate enabling policies and regulations to facilitate the development of the sector. The Ministry of Tourism, Wildlife and Antiquities with support from UNDP is implementing a project “Improving Policies and Regulations to support development of Markets in Tourism.” The project will support the government of Uganda in providing an enabling legal and regulatory framework for the development of the tourism sector in tandem with emerging trends and issues, such as economic integration and the emergence of new tourism products.
The project will support the revision of the tourism policy (2003) in order to improve the legal and policy environment for the performance and growth of the tourism industry to ensure that the revised policy framework is responsive to the current and anticipated national and global tourism context; is consistent with the national Development Plan priorities; and takes into account other issues that were not addressed by the existing policies and strategies. The project will further provide technical support for the preparation of the Tourism Marketing and Integrated Master Plan.
The existing tourism regulations and guidelines are inadequate to give full effect to the implementation of the Tourism Act (2008). The project will therefore support the development of new regulations and guidelines as well as rationalization of the existing ones to ensure that they are consistent with, and support the implementation of the Act.
Rationale:
The legal and policy framework that guides the development and regulation of the tourism sector in Uganda includes; the Tourism Act (2008), the National Tourism Policy (2003), the Tourism Marketing Strategy (2004) and the Integrated Tourism Master Plan (1993). However, the Uganda Tourism Act, passed in 2008, still lacks the regulations to operationalise it, and thus has not been fully implemented. The project will support the development of new regulations and guidelines as well as rationalization of the existing ones to ensure that they are consistent with, and support the implementation of the Act.
In that regard, the consultancy is aimed at:
Undertaking a comprehensive review and analysis of existing tourism legislation and industry regulations and guidelines to assess their compatibility with and National Tourism Act 2008; And identify gaps and existing inconsistencies which impact on the performance of the sector;
Formulation and drafting of new legislation, regulations and guidelines to address the existing gaps and constraints; as well as operationalise the Tourism Act 2008 to support the development of tourism sector.
Duties and Responsibilities
Objective of the Assignment:
The objective of the consultancy is to work with and provide advice and support to the UNWTO Legal Expert employed as a member of the team formulating the new Tourism Policy and Tourism Development Master Plan for Uganda.
In consultation with the UNWTO Legal Expert and with relevant stakeholders, formulate and draft legislative proposals and new industry regulations and guidelines as well as rationalization of the existing ones to ensure that they are consistent with, and support the implementation of the National Tourism Act 2008. The specific objectives of the consultancy include:
Undertaking a detailed analysis of existing national tourism-related legislation and regulations; and other laws impacting on the development and promotion of tourism in Uganda including the national environmental Act; the wildlife Act; legislation and regulations relating to zoning (including creation of clusters), land use and building design as it relates to tourism;
Identifying existing gaps, inconsistencies and constraints in national and local tourism-related legislation and regulations including the management of tourism related resources, investment and enterprise regulation in light of the emerging national and global trends and products in the industry;
Undertaking a comprehensive review of the legislation governing the existing institutional tourism sector management and support structures at national and local levels, that is, their legal status, roles and responsibilities; and identifying issues which constrain the implementation of their mandates;
Review of existing tourism industry organisation arrangements including representative tourism-related associations and identify issues where regulatory legislation is needed in order to ensure efficient and equitable operation of the sector;
Taking account of the findings of the policy review and detailed analysis of existing tourism-related legislation and regulations; and other laws impacting on tourism, draft legislative proposals and industry regulations that will ensure efficient development of the sector in line with the recommendations of the Uganda Tourism Act 2008 and the revised Tourism Development Master Plan;
Scope of Work:
Ministry of Tourism, Wildlife and Antiquities and UNDP are seeking to recruit a national legal expert to support the formulation and drafting of legislative proposals and new industry regulations and guidelines as well as rationalization of the existing ones to ensure that they are consistent with, and support the implementation of the National Tourism Act 2008.
Under the general direction of the Chief Technical Advisor/ Tourism Planner, UNWTO, and the direct supervision of the international legal advisor, the national legal expert will undertake the following tasks:
Support the preparation of the Policy Issues paper, identifying the key legislative and regulatory issues that need to be addressed in order to ensure that implementation of the Tourism Development Master Plan is not hindered by unforeseen legal obstacles or by inadequate legislation;
Undertake a comprehensive review and analysis of the existing government policies relating to the tourism sector to include tourism policy, national environmental policy; wildlife policy; policy on collection of statistics to examine feasibility of enforcing submission through legislation;
Undertake a comprehensive review and analysis of tourism-related legislation and other Ugandan laws impacting on the day-to-day operations of the tourism industry; identifying existing gaps and constraints that need to be updated in light of the current and future state of the industry, and, based on the review, draft proposals for new legislation or regulation; and identifying possible amendments or new regulations needed to align Ugandan tourism-related legislation with any proposals for the application of common regulatory standards in the East African Community
Review legislation at local levels to identify areas where this might conflict with national legislation, guidelines or aspirations or unreasonably affect or constrain the efficient operation of local tourism enterprises. Make recommendations for the harmonisation of legislation and regulation at the national and local levels, drawing on practice in rival East African destinations (notably Kenya) and southern Africa (notably South Africa and Zambia)
Review legislation governing the existing institutional structures for tourism at national, regional and local level - their legal status, roles and responsibilities – identifying issues which constrain the implementation of their mandates; lack of clarity and coordination in roles and responsibilities; gaps and overlap in areas related to planning, management of tourism resources, investment, enterprise regulation, decentralisation, safety and security, et al and draft recommendations for new, or modification of existing, arrangements for the tourism industry designed to deliver a more streamlined and co-ordinated approach for compliance to tourism legislation and regulation.
Review existing tourism industry organisation arrangements including representative tourism-related associations and identify areas where regulatory legislation is needed in order to ensure efficient and equitable operation of the sector – e.g. competition measures to strengthen competitiveness; anti-monopoly measures; the application and enforcement of minimum quality standards; ethical business practices and other business management issues; and, accountability issues.
Review the licensing regulations, or lack thereof, applying to suppliers of tourism services; in particular, quality criteria need to be reviewed against East African tourism standards and best practices.
Review policy, legislation and regulations relating to zoning (including the awarding of concessions in the national parks by UWA, and the creation of clusters), land use and building design as it affects the tourism economy, and environmental and heritage interests, and protection of sensitive areas. Draft guidelines, where needed, for regulations to prevent irreversible damage to areas of cultural, heritage, tourism, environmental, and wildlife significance.
Draft legislative proposals and industry regulations that will ensure the efficient development of the sector, encourage investment in specified key areas of development, and ensure the enforcement and observance of minimum quality standards in line with the recommendations of the Tourism Policy and Tourism Development Master Plan.
Draft recommendations on the legislative and organisational interventions and measures required to support the implementation of the tourism legislation and regulation with particular emphasis on tourism-related classification and ensuring of quality standards and services.
Working arrangements:
The individual consultant shall report to the Project Manager of the Improving Policies and Regulations to Support Development of Markets in Tourism project and the UNWTO consultants’ team leader who shall be responsible for assuring the overall technical quality of the key deliverables. In the implementation of this role, the project manager and the UNWTO Consultants’ team leader will be technically backstopped by the Project technical advisory committee .
The required format for all the reports generated shall be agreed with UNDP upon the inception of the assignment.
Deliverables:
The key deliverables of this assignment include;
An inception report on the assignment within 3 work days of signing of the contract detailing the understanding/ interpretation of the TORs; the methodology of carrying out the assignment; work plan and implementation schedule as agreed upon with Ministry of Tourism, Wildlife and Antiquities, UNDP and UNWTO;
A detailed analysis of existing national tourism-related legislation and regulations; and other laws and policies impacting on the operations, development and promotion of tourism in Uganda including identifying the existing gaps, inconsistencies and constraints in national and local tourism-related legislation and regulations including the management of tourism related resources, investment and enterprise regulation in light of the emerging national and global trends and products in the industry;
A comprehensive review report on the legislation governing the existing institutional tourism sector management and support structures at national and local levels, that is, their legal status, roles and responsibilities; and identifying issues which constrain the implementation of their mandates; And recommendations for the necessary legislation, regulation and guidelines that need to be formulated, harmonized or abolished.
A synopsis of existing tourism industry organisation arrangements including representative tourism-related associations, identifying areas where regulatory legislation is needed in order to ensure efficient and equitable operation of the sector with particular regard to the application and enforcement of minimum quality standards consistent with best practice in rival destinations;
Draft legislative proposals and industry regulations that will ensure efficient development of the sector in line with the recommendations of the Uganda Tourism Act 2008, taking account of any revisions recommended by the UNWTO advisers, and the revised Tourism Development Master Plan.
Competencies
Functional competencies
Excellent analytical skills.
Excellent ability to communicate in English both written and spoken, and to work in a team
Personal Competencies
Demonstrates integrity and ethical standards.
Positive, constructive attitude to work.
Ability to act professionally and flexibility to engage with government officials, development partner representatives and the private sector.
Required Skills and Experience
Education:
Masters Degree in Law or related field.
Experience:
Familiarity with Ugandan legislation and regulations at national and local level covering the operation, regulation and development of the tourism sector
At least seven (7) years of relevant professional experience in conducting similar assignments.
International experience in similar assignments in the area of Tourism policy development, management and/or business is desirable.
Understanding of the global tourism industry and trends in context of the East African region.
Proven experience in report writing and drafting.
Language Requirements:
English is required.
Payment Modalities:
The National Legal Expert will be hired for a total of forty (40) person-days of work, to be undertaken during the time period February- May 2013 (exact timing and distribution of working days per deliverable to be agreed at the inception report stage). Payments will be effectuated by UNDP based on the satisfactory completion of each of the deliverables outlined in the section below, upon the presentation of the corresponding certification of work approved by the supervisor. Payments will be made for the actual days spent in undertaking these tasks, up the maximum number of days indicated. In the event that the consultant does not make use of the full amount of consultancy days defined for this contract establishes, UNDP will not be contractually bound to make use or pay for the days which have not been utilized.
Payment to the consultant will be made in five instalments upon satisfactory completion of the following deliverables:
Submission of acceptable final inception report, within 3 work days of contract signature.
Submission of an acceptable and detailed analysis of existing national tourism-related legislation and regulations; and other laws and policies impacting on the development and promotion of tourism in Uganda including identifying existing gaps, inconsistencies and constraints in national and local tourism-related legislation and regulations including the management of tourism related resources, investment and enterprise regulation in light of the emerging national and global trends and products in the industry.
Submission of an acceptable comprehensive review report on the legislation governing the existing institutional tourism sector management and support structures at national and local levels, that is, their legal status, roles and responsibilities; and identifying issues which constrain the implementation of their mandates; And proposed the necessary legislation, regulation and guidelines to be formulated, harmonized and or deleted.
Submission of an acceptable synopsis of existing tourism industry organisation arrangements including representative tourism-related associations and identify issues where regulatory legislation is needed in order to ensure efficient and equitable operation of the sector;
Submission of acceptable draft legislative proposals and industry regulations that will ensure efficient development of the sector in line with the recommendations of the Uganda Tourism Act 2008 and the revised Tourism Development Master Plan.
Evaluation method and criteria:
The award of the contract shall be made to the individual consultant whose offer has been evaluated and determined as:
responsive/compliant/acceptable, and
Highest Combined Score (based on the 70% technical offer and 30% price weight distribution) where the minimum passing score of technical proposal is 70%.
Evaluation Criteria:
Technical Proposal (Maximum 70 points):
Relevance of education – 5 points
Language skills – 5 points
Knowledge of Ugandan legislation and regulations at national and local level covering the operation, regulation and development of the tourism sector – 10 points
Relevant professional experience in conducting similar assignments.– 15 points
International experience in similar assignments in the area of Tourism policy development, management and/or business – 5 points
Relevance of experience in report writing and drafting – 10 points
Interpretation of the assignment, methodology and work-plan – 20 points
Financial Proposal (Maximum 30 points): To be computed as a ratio of the Proposal’s offer to the lowest price among the proposals received by UNDP.
Application Procedure
The consultant is required to submit an online application by 27th January 2013 through the UNDP Jobs website (http://jobs.undp.org) including the following documents/information in a single document (preferably in Adobe PDF format)
Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP (see Annex II)
Updated Personal CV highlighting past experience in similar assignments and with 3 professional references with contact details (email and telephone).
Technical Proposal: suggested outline for technical proposal:
The offerors interpretation of the assignment;
Approach and methodology for undertaking the assignment
Work-plan
How to Apply:
http://jobs.undp.org/cj_view_job.cfm?cur_job_id=35084
Deadline: 27th Jan 2013
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