Legal Specialist (Kenya support)

Organizational Setting

The Office of Climate Change Biodiversity and Environment (OCB) works to ensure that countries and stakeholders respond to the challenges of climate change biodiversity loss and environmental degradation. OCB provides a cross organizational coordination role on issues related to climate change biodiversity and the environment and is the focal point to major multilateral environmental agreements including the United Nations Framework Convention on Climate Change Conferences (UNFCCC) and the Convention on Biological Diversity (CBD). The Office also assists FAO Members in their responses towards the interlinked challenges of food security climate change biodiversity loss and environmental degradation including through facilitating access to climate and environmental financing (such as the Global Environment Fun -GEF and the Green Climate Fund-GCF). In addition OCB hosts the Globally Important Agricultural Heritage Systems (GIAHS) Programme the Treaty on Plant Genetic Resources for Food and Agriculture and the Commission on Genetic Resources for Food and Agriculture as well as FAOs work on environmental safeguards.

The GEF-funded project (EP/GLO/1172/GEF) named FARM: Strengthening investment for adoption of alternatives and sustainable management of agrochemicals and Agri plastics in Africa and Latin America through pilots in Kenya and Uruguay was endorsed by the GEF on 28 April 2023 with overall value of 7.5 million USD. FAO is the executing agency (EA) and managing the project on a day-to-day basis while the United Nations Environment Programme (UNEP) is the implementing agency (IA). The project will facilitate a reduction in the use of harmful agrochemicals and plastics in the agricultural sector and promote sustainable alternative products and practices in Kenya and Uruguay. Specifically this project is coordinated by the FAO Plant Production and Protection Division (NSP) and the FAO Office of Climate Change Biodiversity and Environment (OCB) providing technical coordination and support for the component related to agri-plastics management.

Reporting Lines

The specialist will work under the technical supervision of the Legal Officer (LEGN) the operational supervision of the FAO Representative in Kenya and in close collaboration with the Project Technical Advisor and coordination with the Project team.

Technical Focus

The specialist will support agri-plastics activities in Kenya under Output 1.3: Proposed improvements to strengthen the management of agricultural plastics are developed and submitted to relevant ministries. More specifically the incumbent will support the implementation of the Activity 1.3.2: Draft policy and legislative recommendations for the life cycle management of agricultural plastics traceability product standards and alternative products; and will support upon request with the implementation of Activity 1.3.3: Draft a set of regulations for the establishment and running of the PRO.

Tasks and responsibilities

The specialist will undertake the following tasks:
Contribute to presentations and discussions at the FARM meetings when needed
Collect and analyse prior reports prepared under the FARM project at the baseline study and identify if that information is still relevant in relation to priorities of Kenya
Collect all national policies and legislation relevant to conventional and biobased agricultural plastics waste management and pesticides. Pay attention to potential legal instruments (licensing schemes or waste management statutory documents) approved at the decentralized level. Also include legislation on certification and standards business authorization chemicals producers responsibility and waste management. Prepare an electronic folder (allocated on FAO/project shared drive) with soft copies of the legislation collected.
Conduct a desk review of the existing policy and regulatory framework related to agricultural plastics and identify issues that may be considered of high risk to human and environment that may need to be addressed by the FARM project for improvement.
Prepare a report on national legislation for agricultural plastics which includes:
o An analysis of the current legislation.
o Potential gaps and regulatory entry points to strengthen the regulatory framework for conventional and biobased agricultural plastics along their life cycle with special attention to their disposal and recycle.
o As an example compare the licensing schemes applicable to agricultural plastics and pesticides including review of the legislation on Extended Producer Responsibility (EPR) for agricultural plastics and potential legislation on EPR schemes applicable to pesticides containers.
o An analysis of potential practices from Kenya of relevance for other countries in the African region.
o Concrete recommendations for legal reform and a road map for their development and approval

Present the above report and the recommendations to the key stakeholders workshop for comments and further input. During the presentation explain the different legal options to address the gaps identified. If local legislation can be appropriate to fill specified gaps propose a pilot in one local authority to test regulatory solutions

Conduct a review of the regulatory framework for the existing Producer Responsibility Organizations in Kenya and identify issues that may need to be improved.
On the basis of the comments and feedback collected develop draft legislation (at the central and/or local levels) to regulate conventional and biobased agricultural plastics in all stages of their life cycle and addressing for example: sustainable design and use of plastic products trade licensing EPR frameworks and waste management.
o revise and complete the national legal report with all the above information
o present the draft legal report with a PPT slide deck for inputs and feedback to non-governmental stakeholders in Kenya and representatives of the Kenyan government. Where applicable incorporate feedback and inputs into the report
o Submit report to LEGN for review and clearance and submit final report to FARM project team and Steering committee.

CANDIDATES WILL BE ASSESSED AGAINST THE FOLLOWING

Minimum Requirements

University degree in law
At least 7 years of relevant work experience in environmental law natural resource governance or solid waste management in Kenya
Working knowledge (proficiency - level C) of English

FAO Core Competencies

Results Focus
Teamwork
Communication
Building Effective Relationships
Knowledge Sharing and Continuous Improvement

Technical/Functional Skills

Computer skills in Office applications including Excel Word Outlook and PowerPoint.
Experience in legal analysis of environmental or waste-related legislation
Ability to work with government stakeholders and support policy processes

Selection Criteria

Relevant legal experience in Kenya
Experience preparing legal or policy reports
Strong communication and presentation skills
Knowledge of agriculture environment or waste management sectors in Kenya

IMPORTANT NOTICE: Please note that Closure Date and Time displayed above are based on date and time settings of your personal device

• FAO is committed to achieving workforce diversity in terms of gender nationality background and culture.
• Qualified female applicants qualified nationals of non-and under-represented Members and person with disabilities are encouraged to apply;
• Everyone who works for FAO is required to adhere to the highest standards of integrity and professional conduct and to uphold FAOs values
• FAO as a Specialized Agency of the United Nations has a zero-tolerance policy for conduct that is incompatible with its status objectives and mandate including sexual exploitation and abuse sexual harassment abuse of authority and discrimination
• All selected candidates will undergo rigorous reference and background checks
• All applications will be treated with the strictest confidentiality

FAOs commitment to environmental sustainability is integral to our strategic objectives and operations.

Please note that all candidates should adhere to FAO Values of Commitment to FAO Respect for All and Integrity and Transparency

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