(TCP PROJECT EXAMPLE)

Country: XXX

Project Title: Assistance in Forestry Legislation

Project Symbol: TCP/XXX/...

Starting Date: month/year

Completion Date: month/year

Government Ministry responsible

for project execution: [Ministry responsible for forestry]

FAO Contribution: US$179 000

I. PROJECT SUMMARY

(Brief description of the project expectations and outcome)

II. BACKGROUND AND JUSTIFICATION

XXX’s forestry sector plays an important role in contributing to the country's development. The Government recognizes equally the economic, social and environmental values of the forests. In the late 1980s, there was an increase in forestry activities, as well as in their contribution to the national economy. As a result, the Government established in 198- a separate entity responsible for forestry: the Department of Forests (DoF). The major exports of XXX are sawn timber, sliced veneer, mouldings, furniture, prefabricated wood products, and sandalwood. The Government now actively promotes sandalwood planting and, in 199-, the first sandalwood distillation was trailed. In 199- landowners exported 77 tons and collected 27million as compared with 36 million from logging. The level of production and exports from the forestry sector raised between 199- and 199-. Forestry exports alone contributed 18% of the country’s overall export earnings in 199-.

Production and Export Figures

Source: DoF files and Statistics Office

The benefits of commercial forestry are shared between landowners, timber companies and people who work for them, and the Government. In 1997 landowners received about US$263,565 in royalties for 37,000 m³ of logs, forestry workers were paid an estimated US$930,232 in wages, and the Government collected about US$194,798 in fees and taxes. The forestry industry employs over 500 workers. It has substantially contributed to the building of rural infrastructure such as roads in remote areas, and has stimulated economic activities in the provinces.

While the monetary benefits of forestry are becoming increasingly important, the Government and the people of XXX place equal or perhaps more importance on the traditional and environmental values of the forests. Forests are a vital part of the country’s cultural heritage and contribute to the welfare and socio-economic development of the people, particularly in rural areas. About 80% of the population live in rural areas and depend wholly on subsistence farming to satisfy their basic food requirements. Hence, forests contribute greatly to their food security. Any adverse impact resulting from poor forest management, through lack of appropriate legislation, will seriously affect the lives of the rural people, causing environmental damage, poverty and hunger. Careful forest planning and management is essential to ensure that the values and services supplied by forests are not jeopardized by the equally important development needs of the country.

Since the early 1980s through the 1990s, the Government has embarked on various forestry projects and activities, with the assistance of donor agencies, with a view to developing the country’s forest resources and ensuring their sustainable use. Major projects and activities, which contributed significantly towards the sustainable management of planted and native forests, included the following: [List omitted]

Over the years, the Government has had clear objectives for the forestry sector, which were stated in the national development plans. Despite successful implementation of various programmes, there remain, however, a number of limitations and constraints to the full realization of the sector’s economic potential. Some programmes undertaken to realize several forestry objectives, such as protecting the forests and creating a viable forest industry sector, have been unsuccessful. The lack of land for forestry has also badly affected plantation programmes and forest conservation initiatives. The rate of deforestation now exceeds that of replanting, and regeneration is poor in natural forests. These shortcomings, which are linked to and caused by many factors, inside and outside the forestry sector, have become more profound over the years, and require urgent action to minimize their impacts and advance the growth of the sector.

One of these factors is the current outdated forestry legislation, mainly the 198- Forestry Act. This issue was recognized in the 199- national forest policy document as a major constraint, one which calls for a review of the existing legislative framework for forest resource management and related matters, in order to identify its weaknesses and to make recommendations for its improvement. Indeed the adoption of a sound, effective and coordinated forestry legislation is crucial to the sustainable management of XXX’s forests.

The need to review the legislation in place has been further reiterated in various consultancy and Government reports, were it was found, in particular, that:

• the Forestry Act has become inappropriate. Despite ad hoc amendments, it no longer fits with the changing situation of the forestry sector. The main amendments, made in 1996/97, only addressed a few specific areas like logging practices, power to suspend and cancel timber licenses, sandalwood management, use of forest fund, and mobile sawmill operations;
• the legislative framework does not provide the necessary legal basis for the promotion of investment in forest resources development. Appropriate legislation is required in this regard, in support of the Government policy to encourage domestic processing and value adding;
• legislation on biodiversity, the environment and other forestry-related issues is scattered in separate laws dealing with forestry, mining, lands, and other matters such as the Provincial Government acts. Some laws are inconsistent with each other, causing protracted disputes between government agencies;
• difficulties to secure land for forestry are partly due to the absence of appropriate legal mechanisms to facilitate land leases for forestry purposes. This has hindered progress in forest resources acquisition and development, and the long-term sustainability of forestry;
• there is insufficient legislation on wood production and treatment of wood products. Regarding wood production, this has created uncertainties over taxes, duties and other revenue generating initiatives;
• the need to ensure sustainable yield is tied down legally per island. In past experience, the volume licensed and in some cases annual harvests have exceeded the recommended sustainable figure for each island. The forests of AAA and BBB Provinces have been badly affected by this over-harvesting practice;
• there are no provisions on forest planning, including forest management plans. This is a serious constraint in terms of sustainability;
• legislation required to meeting the country's international obligations under such forestry-related agreements as the Kyoto Protocol, CITES, and ITTO is missing.

Whilst the current forestry policy encourages private sector involvement, the Government has an important regulatory role to play, and must act as a catalyst if benefits are to be maximized and equitably distributed. Furthermore, investors and landowners require the services of a technically competent and trusted intermediary, to act on their behalf in forestry negotiations. With an appropriate legal framework in place, the Department of Forests will be in an ideal position to carry out this function.

The Government, through the Ministry and Department responsible for forests, has identified the review the forestry legislation as a priority task. A 199- report ("The Potential for Private Sector Investment in Planted Forests in XXX") underlined the need for such a review for the purposes of promoting forestry plantations and facilitating land disputes resolution. The Sustainable Forest Utilization Project has developed procedures for harvesting operations and a Code of Logging Practice, which is now being implemented, as well as codes of practice for timber preservation and treatment. The drafting of implementing legislation in these areas is urgently needed.

Training, consultation, and public awareness on issues relating to forestry legislation will be important to ensure that the Government and key stakeholders in the forestry sector have full ownership and understanding of the new legislation, and are able to implement and enforce it. A study tour to YYY and ZZZ for two senior staff members from DoF and the State Law Office (SLO) will provide them with first-hand knowledge of how forestry legislation was developed and is enforced in those two countries, where new forest laws were recently developed. Both countries experienced forestry problems and have social backgrounds similar to those of XXX, particularly in respect of traditional systems of land tenure and use.

The technical assistance under this project will complement ongoing and planned projects by institutionalizing management approaches and policy guidelines through legislation, and by clarifying the roles of Government authorities and other stakeholders within the forestry sector. The project will give consideration to other relevant programmes such as the Special Programme on Food Security (SPFS), now under discussion between the Government and FAO. In addition to enhancing sustainable forest management in a holistic way, the project outputs will contribute to the growth of the forestry sector and to XXX’s socio-economic development.

III. OBJECTIVES OF THE ASSISTANCE

The primary objective of the project is to design appropriate legislation for the sustainable development of XXX's forests, for the generation and equitable distribution of forest revenues, and for the effective implementation of forestry programmes.

IV. PROJECT OUTPUTS (RESULTS)

The main outputs of the project will be:

• new forestry legislation and implementing regulations for sustainable forest management, including for purposes of land acquisition for forestry;
• discussion paper on forestry legislation implementation and enforcement;
• technical recommendations to enhance forestry development and management;
• increased capacity of DoF to implement forestry policies and programmes;
• improved awareness and better understanding by forestry staff and other stakeholders of forestry-related legal issues, through training workshops, public consultations and study tours;
• at least one lawyer (the National Counterpart) conversant with drafting of forestry legislation.

V. WORK PLAN

The expected time frame for project implementation is about 11 months. At the start of the project, a detailed work plan will be produced during the first mission of the international consultant and the officer from SAPA, and will form part of the project document. The terms of reference of the various consultancies (Annexes 1-6) will also be adjusted as appropriate. A tentative outline of planned activities and their likely timing is in Annex 7. In collaboration with DoF and SAPA, the FAO Development Law Service (LEGN) will operate the project and ensure effective delivery of the technical inputs.

Project activities will be carried out in the following sequence:

First period (months 1-4) : following the appointment of the National Coordinator (NC) and the formation of the Coordinating Committee (CC), the international legal consultant and the SAPA officer will undertake a first mission to XXX. Together with the NC, the project team will hold discussions with CC members and relevant agencies, in particular DoF and the SLO, and develop a detailed work plan for the project.

The international legal consultant, together with the national legal consultant, will: (i) review existing forestry and forestry-related legislation and subsidiary regulations; (ii) prepare a report with the review's findings and conclusions, as well as detailed recommendations for the drafting of new forestry legislation.

The FAO SAPA forestry management expert, in collaboration with the national forestry consultant will: (i) review the functions and structure of DoF, the existing forest policies, and the overall national development objectives; (ii) prepare a report with the review's findings and conclusions, including recommended institutional changes to DoF with a view to enabling it to effectively implement and enforce the future forestry legislation.

In addition to meetings in [capital city], the project consultants and the NC will travel in-country to attend 3 public consultation gatherings in selected forestry areas, in order to gather information from and the views of different forestry interest groups, particularly those of Provincial Government representatives, chiefs, landowner groups, NGOs, and timber industry.

Second period (months 5-9) : the consultants' reports will be circulated for comments to CC members and to all concerned. Based on comments made, the international legal consultant will, in the course of a second mission to XXX, in collaboration with the national legal consultant and the NC, draft a new forest act and its implementing regulations.

The proposed draft will be circulated for comments and, as appropriate, put on public review. It will then be amended in light of comments made.

The study tour to YYY and ZZZ will take place during this period of the project.

Third period (months 10-11) : a final mission to XXX will be carried out by the international legal consultant, the TCDC (or retired) expert, and the officers from SAPA and LEGN. Together with the national legal and forestry consultants and the NC, they will prepare and conduct a training workshop and a national seminar.

A two-day training workshop will be conducted for representatives from DoF, other Government agencies, NGOs, timber industry and other interest groups. The training will be centered on the findings of the legislative review, the main components of proposed forestry legislation, and its implications for the various stakeholders. The TCDC (or retired) expert will make a presentation on lessons learned in the implementation and enforcement of forestry legislation in similar countries.

As a conclusion to the project activities, a final two-day national seminar will be organized, with participants from the various institutions and groups concerned, to present and discuss the draft forestry legislation and the recommended institutional changes.

On the basis of the seminar's conclusions and recommendations, the international and the national legal consultants will finalize the proposed legislation and prepare a draft final report for the project.

VI. CAPACITY BUILDING

The project will strengthen national capacity to develop, implement and enforce forestry legislation. The involvement of the NC and the CC in project operation, input delivery and legal drafting will improve the technical knowledge of Government officials on project management and legislation design.

Likewise, the participation of stakeholder representatives in the public consultations, the training workshop and the national seminar will increase their knowledge of forestry legislation and their capacity to implement it.

The contribution of the TCDC (or retired) expert will provide an opportunity for Government officials and other stakeholders in the forestry sector to evaluate and compare forest policy and law approaches, as well as legislation implementation and enforcement techniques, in both XXX and other relevant countries.

The study tour to YYY and ZZZ will expose two senior officials to the drafting and enforcement experiences of these countries where new forestry legislation were recently developed.

VII. INPUTS TO BE PROVIDED BY FAO

Personnel

International Consultant:

One international legal consultant (3 p/m) (Terms of Reference in Annex 1)

National Consultants:

- one national legal consultant (4,5 p/m) (Terms of Reference in Annex 2)

- one national forestry consultant (1,5 p/m) (Terms of Reference in Annex 3)

TCDC (or retired) Expert:

Forestry policy expert (1 p/m) (Terms of Reference in Annex 4)

FAO Advisory Technical Services:

Forest management expert (SAPA) (4 weeks) (Terms of Reference in Annex 5)

FAO Supervisory Technical Services from LEGN:

Including a 2 weeks backstopping mission (Terms of Reference in Annex 6)

Official Travel

Provision for official travel within the country in connection with project activities.

Training

Training workshop (on forestry legislation development and implementation): 2 days for approximately 40 participants, including 18 outside participants from 6 provinces.
Duration 2 days

Participants 40, including 18 from Provinces

Travel (from Provinces) 18 x 300 US$5 400

DSA (outside participants) 2 x 18 x 90 US$3,240

Reproductions of materials US$ 600

Miscellaneous costs US$ 600

Total US$9,840

National seminar (to present and discuss the final draft forestry legislation): 2 days for approximately 30 participants, including 18 outside participants from 6 provinces.

Duration 2 days

Participants 30, including 18 from Provinces

Travel (from Provinces) 18 x 300 US$5 400

DSA (outside participants) 2 x 18 x 90 US$3,240

Reproductions of materials US$ 600

Miscellaneous costs US$ 400

Total US$9,640

Study tour: A 3 week study tour to YYY and ZZZ for two senior staff members from DoF and the State Law Office (SLO) will provide them with first-hand knowledge of how forestry legislation was developed and is enforced in those two countries, where new forest laws were recently developed. Both countries experienced forestry problems and have social backgrounds similar to those of XXX, particularly in respect of traditional systems of land tenure and use.

D (days) x DSA x P (YYY) 14 x 108 x 2 US$3,024

D (days) x DSA x P (ZZZ) 7 x 103 x 2 US$1,442

Travel (2 P) US$4,000

Total US$8,466

Equipment

A desktop computer and a printer, including relevant software and accessories, will be provided to the unit in DoF responsible for issuing timber licenses, collecting forest revenues and monitoring compliance with licenses and permits. The computer will enable the unit to properly and systematically store legal and technical data collected and provided by timber companies. It will provide a means for top management to continually monitor forest operations, retrieve critical data at short notice, assess progress, and advise the Government on forestry issues.

General operating expenses

To cover the costs related to project operation (telephone, fax, photocopying, etc), reproduction of reports and terminal letter preparation.

Direct operating expenses

Direct operating costs at FAO Headquarters.

 

VIII. REPORTING

Upon completion of their tasks, the consultants/experts will prepare reports in accordance with their respective terms of reference. The reports will be submitted to the FAO operating unit (LEGN) and, in turn, to the Government.

The FAO officers providing Advisory Technical Services and Supervisory Technical Services will prepare back-to-office reports of their field missions, as specified in their terms of reference.

On the basis of all these documents, LEGN will prepare a final report with project outputs, as well as a draft terminal letter for the project, which will be submitted by FAO to the Government.

IX. GOVERNMENT CONTRIBUTION AND SUPPORTING ARRANGEMENTS

Through the [Ministry responsible for forestry] and through DoF, the Government will provide support in kind for the execution of the technical assistance, in particular office accommodation and other administrative and logistical support for the consultants/experts while on mission in the country, as well as for the conduct of the training workshop and the national seminar.

The Government will set up a Coordinating Committee (CC), with representatives from the various institutions concerned, to ensure their involvement in the legislative review and the drafting process. The CC should comprise, inter alia, one senior officer from the Ministry responsible for forests, two senior officers from DoF, one officer from the Attorney General’s Office, and one officer from the Department of Economic and Social Development.

The Government will also provide a National Counterpart Officer to liaise and work with the FAO team, and to coordinate government contribution to the project.

The Government will, on the conclusion of the project, process the draft legislation and prepare relevant submissions to Cabinet for the purpose of having the draft legislation endorsed for consideration by the National Parliament.

PROJECT BUDGET COVERING FAO INPUTS

(in US Dollars)

Country: XXX

Project title: Assistance in Forestry Legislation

Project symbol: TCP/XXX/...

Annex 1

TERMS OF REFERENCE FOR THE

INTERNATIONAL LEGAL CONSULTANT (TEAM LEADER)

Under the supervision of the FAO Development Law Service (LEGN), and in close collaboration with the Ministry and Department of Forests, with the Coordinating Committee (CC), the National Coordinator (NC) and other relevant Government authorities, as well as with the other consultants/experts of the Project, the international legal consultant will act as Team Leader and undertake the following tasks:

During the first period of the Project:

• Hold discussions with CC members and relevant agencies, in particular DoF and the SLO.
• Assist in the preparation of the detailed work plan of the project, and in adjusting the consultancies' terms of reference as appropriate.
• Visit selected forestry areas to attend public consultation gatherings with forestry interest groups, in particular Provincial Government representatives, chiefs, landowner groups, NGOs, and timber industry.
• Review existing forestry and forestry-related laws and regulations and evaluate their adequacy, efficiency and effectiveness for the sustainable management of the country's forests, particularly with regard to : (i) formulation of forestry policies (ii) management, development and regulation of the forestry sector; (ii) acquisition/lease of land for forestry purposes; (iii) establishment of protected areas; (iv) long-term rights to forest resources; (v) forestry planning; (vi) wood preservation and grading standards; (vii) forest operation licensing; (viii) taxation, revenue and expenditure; (ix) people's involvement in forestry; (x) compliance; (xi) XXX's obligations under forestry-related international instruments, such as ITTO; and (xii) other relevant matters.
• Consider relevant comments and views expressed by stakeholders in writing and through meetings, and evaluate the best options for handling each issue.
• Based on the foregoing, prepare and submit to FAO a first report (in hard copy and electronic form), with findings and conclusions, including detailed recommendations for the drafting of new forestry legislation.

During the second period of the Project:

• Draft new forestry legislation and supporting regulations that provide an appropriate legal framework for sustainable forest management, taking into account the review/evaluation carried in the first period, the recommendations of the forestry management consultant, and comments made on the first report.
• Recommend any amendments to existing forestry-related legislation that may be required to support the sustainability of forestry, to harmonize the various laws affecting forestry, and to coordinate overlapping or conflicting mandates over forestry matters.
• Recommend appropriate legal and administrative arrangements for effective implementation of the proposed forestry legislation, including measures to be taken in respect of the technical assistance that may be needed in this regard.
• Prepare and submit to FAO a second report (in hard copy and electronic form), with findings and conclusions, including the recommended draft forestry legislation.

During the third period of the Project:

• Assist in the preparation and lead the conduct of the training workshop and the national seminar, acting in both meetings as the principal resource person.
• Based on the conclusions and recommendations of the national seminar, finalize the proposed forestry legislation.
• Prepare and submit to FAO a draft final report (in hard copy and electronic form), with all project technical outputs.

Qualifications: Lawyer with university law degree, with extensive experience in legal drafting, and with good knowledge of forestry law and related issues in developing states, particularly in island countries. He/she must be able to asses critically the full range of legal issues and constraints related to sustainable forest management, and capable to provide legal advice at the highest level, and to work constructively with Government, NGO and private sector representatives. He/she must be knowledgeable about customary systems of land tenure and use (a key forestry-related issue) and have past experience in similar consultancies. Previous consultancy work in XXX is desirable.

Duration: 3 months in three missions, one in each period of the Project, of which 30 days at home base.

Annex 2

TERMS OF REFERENCE FOR THE

NATIONAL LEGAL CONSULTANT

Under the supervision of the FAO Development Law Service (LEGN), and in close collaboration with the Ministry and Department of Forests, with the Coordinating Committee (CC), the National Coordinator (NC) and other relevant Government authorities, as well as with the other consultants/experts of the Project, the national legal consultant will generally assist the international legal consultant during his/her visits in XXX and will be responsible for follow-up work between the missions until project completion. More specifically, he/she will perform the following tasks :

During the first period of the Project:

• Collect all legal, policy, institutional and other relevant documents concerning the forestry sector, including existing forestry and forestry-related legislation and regulations (dealing most notably with land, mining, the environment, protected areas, taxation, investment, etc), as well as relevant international conventions to which XXX is a party, and make them available to the project team.
• Undertake a preliminary review existing forestry and forestry-related laws and regulations with a view to evaluating their adequacy, efficiency and effectiveness for the sustainable management of the country's forests, particularly with regard to : (i) formulation of forestry policies (ii) management, development and regulation of the forestry sector; (ii) acquisition/lease of land for forestry purposes; (iii) establishment of protected areas; (iv) long-term rights to forest resources; (v) forestry planning; (vi) wood preservation and grading standards; (vii) forest operation licensing; (viii) taxation, revenue and expenditure; (ix) people's involvement in forestry; (x) compliance; (xi) XXX's obligations under forestry-related international instruments, such as ITTO; and (xii) other relevant matters.
• Research and analyze forestry-related customary rules that prevail in the country, particularly with regard to land and tree tenure and use.
• Hold discussions with CC members and relevant agencies, in particular DoF and the SLO
• Assist in the preparation of the detailed work plan of the project, and in adjusting the consultancies' terms of reference as appropriate.
• Visit selected forestry areas to attend public consultation gatherings with forestry interest groups, in particular Provincial Government representatives, chiefs, landowner groups, NGOs, and timber industry.
• Consider relevant comments and views expressed by stakeholders in writing and through meetings, and evaluate the best options for handling each issue.
• Assist in the formulation of recommendations for developing the new forestry legislation.
• Perform any other tasks that may be required in connection with the foregoing activities and between the first period and the second period of the Project.

During the second period of the Project:

• Assist in drafting the new forestry legislation and supporting regulations, taking into account the review/evaluation carried in the first period, the recommendations of the international forestry management consultant.
• Assist in the formulation of amendments to existing forestry-related legislation that may be required to support the sustainability of forestry, to harmonize the various laws affecting forestry, and to coordinate overlapping or conflicting mandates over forestry matters.
• Assist in the formulation of recommendations on appropriate legal and administrative arrangements for effective implementation of the proposed forestry legislation, including measures to be taken in respect of the technical assistance that may be needed in this regard.
• Assist in the preparation of the international legal consultant's second report containing the recommended draft forestry legislation.
• Perform any other tasks that may be required in connection with the foregoing activities and between the second period and the third period of the Project.

During the third period of the Project:

• Assist in the preparation and conduct of the training workshop and the national seminar, acting in both meetings as a resource person.
• Based on the conclusions and recommendations of the national seminar, assist in finalizing the proposed forestry legislation.
• Assist in the preparation of the draft final report of the Project.

Qualifications: Lawyer with university law degree, with excellent knowledge of the XXX legal system, including customary law, and with good knowledge of forestry law or natural resource law, as well as relevant experience in legal consultancy work. He/she must be able to provide legal advice at high level and work constructively with Government, NGO and private sector representatives.

Duration: 4,5 months distributed over project duration.

Annex 3

TERMS OF REFERENCE FOR THE

NATIONAL FORESTRY CONSULTANT

Under the supervision of the SAPA-based forestry expert, and in close collaboration with the Ministry and Department of Forests, with the Coordinating Committee (CC), the National Coordinator (NC), and other relevant Government authorities, as well as with the other consultants/experts of the Project, the national forestry consultant will generally assist the forest management expert to review and asses the current management needs of the forestry sector and contribute as required to the legal advice under the technical assistance. More specifically, he/she will undertake the following tasks:

During the first period of the Project:

• Hold discussions with CC members and relevant agencies, in particular DoF and the SLO, and in consultation with the NC, ensure that scheduling of local project activities and appointments are secured and confirmed.
• Assist in the review and analysis of current forestry management objectives and on-going forestry programmes under the overall national development policies and goals.
• Visit selected forestry areas to attend public consultation gatherings with forestry interest groups, in particular Provincial Government representatives, chiefs, landowner groups, NGOs, and timber industry.
• Assist in the formulation of recommendations for appropriate actions and enhanced practices to achieve sustainable forest management.
• Examine and advise on how landowners and local communities could organize themselves in effective groups to lease, develop and manage their lands for forestry-related purposes.
• Examine and evaluate the extent to which the existing (non-legal) management framework and community institutions could be used to facilitate broader participation in forest conservation and management leading to more effective management practices.
• Recommend appropriate approaches to planning and monitoring of forestry operations that involve local landowners and community groups to empower them to manage their own resources.
• Assist in the formulation of recommendations on immediate measures to be taken by the Ministry and Department of Forests to strengthen their capacities in such major areas as policy formulation, forestry planning, forestry research, training and extension.
• Contribute to discussions held by the legal consultants and the forest management expert with Government officials and private sector representatives.
• Perform any other tasks that may be required in connection with the foregoing activities.

During the third period of the Project:

• Assist in the preparation and conduct of the training workshop and the national seminar, acting in both meetings as a resource person.
• Contribute to the finalization of the proposed forestry legislation and to the preparation of the draft final report of the Project.

Qualifications: The consultant must have a degree in forestry or natural resource management. He/she must have excellent knowledge of the forestry management issues experienced in XXX, and be familiar with customary land tenure issues facing forestry development in the country, as well as the social, economic and political structure of communities in XXX.

Duration: 1,5 months, of which 30 days in the first period and 15 days in the third period of the Project.

Annex 4

TERMS OF REFERENCE FOR THE

TCDC (OR RETIRED) EXPERT

Under the supervision of the FAO Development Law Service (LEGN), and in close collaboration with the Ministry and Department of Forests, with the Coordinating Committee (CC), the National Coordinator (NC) and other relevant Government authorities, as well as with the other consultants/experts of the Project, the TCDC (Technical Cooperation between Developing Countries) or retired expert will generally assist in the preparation and conduct of the training workshop and the national seminar that will take place in the third period of the Project. More specifically, he/she will perform the following tasks :

• Liaise with the project team with a view to contributing to the training workshop and national seminar.
• Prepare and submit to FAO a discussion paper (in hard copy and electronic form) on the development, implementation and enforcement of forestry legislation in his/her country and in other countries in the sub-region as appropriate, detailing the institutional setup, implementation and enforcement techniques, experiences gained, and constraints/issues encountered.
• Act as a resource person in the training workshop, presenting the discussion paper and facilitating the ensuing debates.
• Act as a resource person and facilitator during the national seminar.
• Prepare and submit to FAO a concise mission report (in hard copy and electronic form) with main findings and conclusions.

Qualifications: The expert must be from a developing country that face similar forestry issues as in XXX. He/she must have a university degree in forestry or law, have over 10 years of practical working experience in the fields of forestry development, particularly in law enforcement, have good communicating skills, and be able to act as a resource person and facilitator to stimulate discussions during the training workshop and the national seminar.

Duration: 1 month, of which 15 days at home base prior to a 15-day mission in the country during the third period of the Project.

Annex 5

TERMS OF REFERENCE FOR THE

FAO/SAPA FOREST MANAGEMENT EXPERT

In close collaboration with the Ministry and Department of Forests, the Coordinating Committee (CC), the National Coordinator (NC) and other relevant Government authorities, as well as the Project team, the forestry management expert will review and asses the current management needs of the forestry sector and contribute as required to the legal advice under the technical assistance. More specifically, the expert will in the course of two missions:

• Hold discussions with CC members and relevant Government, NGO and private sector representatives.
• Assist in the preparation of the detailed work plan of the project, and in adjusting the consultancies’ terms of reference as appropriate.
• Review and analyze current forestry management objectives and on-going forestry programmes under the overall national development policies and goals.
• In light of this review and taking into consideration recently adopted forest policies, recommend appropriate actions and enhanced practices to achieve sustainable forest management.
• Evaluate the status and performance of the timber industry and make recommendations for its improvement and sustainability.
• Consider options for forestry industry self-regulation, audits and other voluntary enforcement mechanisms to improve accountability and efficiency.
• Recommend immediate measures to be taken by the Ministry and Department of Forests to strengthen their capacities in such major areas as policy formulation, forestry planning, forestry research, training and extension, and present them in a manner relevant to the work of the legal consultants and for legislative purposes.
• Based on the foregoing, and in collaboration with the legal consultants, identify management approaches and mechanisms to be incorporated into the new forestry legislation.
• Prepare a report at the conclusion of each mission with findings, conclusions and recommendations.

Duration: 4 weeks in two missions, one in the first period and one in the third period of the Project.

Annex 6

TERMS OF REFERENCE FOR THE

FAO/LEGN LEGAL EXPERT

The FAO/LEGN legal expert will liaise with the Ministry and Department of Forests, with the Coordinating Committee (CC), the National Coordinator (NC), and other relevant Government authorities. He will generally support project implementation and input delivery, and assist with the identification and recruitment of consultants and experts. More specifically, he will undertake the following tasks during the third period of the Project:

• Hold discussions with CC members and relevant agencies, in particular DoF and the SLO.
• Assist in the preparation and conduct of the training workshop and the national seminar, acting in both meetings as a resource person.
• Provide legal advice on forestry issues as appropriate.
• Contribute to the finalization of the proposed forestry legislation and to the preparation of the draft final report of the Project.
• Prepare a draft terminal letter for the Project.
• Produce a mission report, with findings, conclusions, and recommendations.

Duration: 2 weeks

Tentative Schedule of Activities Annex 7