Job Description

The Government of Indonesia (GoI) has made significant commitments to its citizens regarding environment and sustainable development. This is in line with the mandate of Indonesia’s State Constitution which states that a healthy and functioning environment is the right of every citizen in Indonesia.1 The GoI recognizes that climate change and its many threats to human life and livelihoods present unique challenges to achieving its environmental and development objectives and Indonesia has prepared a series of policies and instruments to tackle these issues.2 At the UNFCCC’s Conference of Parties meeting in Paris in 2015, the GoI pledged through its Nationally Determined Contribution (NDC) to reduce Indonesia’s Greenhouse Gas (GHG) emissions by 41% by 2030 with international assistance (29% with its own resources) relative to a business-as-usual (BAU) scenario. A significant increase in public and private financing is required to meet these targets and to ensure green investments are channeled to strategic priorities in a credible and accountable way.

The Indonesia Environment Fund (Badan Pengelola Dana Lingkungan Hidup - BPDLH) was officially formed by GoI in September 2019 to bring together environmental funding mechanisms for channeling and distributing environmental and climate funds to support Indonesia’s vision to preserve the functions of the environment and prevent environmental pollution and degradation.3 BPDLH supports GoI’s efforts to achieve Indonesia’s commitment to reduce Indonesia’s GHG emissions and to meet the Sustainable Development Goals (SDGs). BPDLH enables domestic and international and public and private funding to be brought together to be deployed through multiple financial instruments across a variety of sectors (including forestry, energy and mineral resources, carbon trading, environmental services, industry, transport, agriculture, marine and fisheries).

The BPDLH is a public service agency (BLU), a non-echelon unit that is accountable to and structurally operationalized under the Minister of Finance of the Republic of Indonesia. A BLU is a well-established structure under Indonesian law. It is a government entity that has the legal flexibility and autonomous authority to manage its operations and is not dependent on the state budget (APBN) but can source funds from it. The BLU structure allows BPDLH to receive grants and loans, and to disburse them alongside several other economic instruments.5 BPDLH aims to fulfill its vision to be an environmental fund that is professional, credible and trusted by the world.

The purpose of the BPDLH is to channel funds through a variety of instruments to specific projects and activities that support its overall objective to improve management and protection of the environment, support environmentally friendly economic activities and reduce GHG emissions. The BPDLH aims to become a credible and trusted environmental funds management agency that manages, raises and disburses funds to support Indonesia to achieve its environmental and climate commitments.

Director of Law and Risk Management is responsible for: carrying out studies on legal aspects of rules and agreements; preparing the formulation of regulations, agreements, and legal studies; handling legal issues; documenting all legal documents, regulations, and agreements; and implementing risk management which includes overseeing the application of environmental and social risk management (safeguards) through a management information system which will include the screening and clearance of environmental and social risks; and supervising technical advisors on environmental and social safeguards.

Climate change mitigation – or reducing greenhouse gas emissions - is essential to fulfilling commitments to the Paris Agreement and limiting the global mean temperature increase to 1.5°C above pre-industrial levels. UNDP, with more than 280 climate change mitigation projects and programs in over 110 countries, is a key actor supporting countries in their emission reduction plans, contributing to ambitious Nationally Determined Contributions. Activities in energy, as well as forests and agriculture, will be critical to meeting global mitigation objectives.

IEF approach to forestry aligns with the SDG 15 and contributes to IEF programme on environment and nature-based solutions for development. Deforestation and forest degradation accounts for more than 10 percent of global greenhouse gas emissions and it is clear that the stabilization of global temperatures cannot be achieved without reducing emissions from the forest sector. REDD+ RBP Programme supports countries to conserve and sustainably manage forests and ensure sustainable and equitable development paths that lead towards carbon neutrality.

Within this context, IEF is implementing agency of the GCF project ‘Indonesia’s REDD−Plus Results-Based Payment (RBP) for results period 2014−2016’. This project is based on results-based payments received from Green Climate Fund (GCF) for emissions reductions from deforestation already achieved in Indonesia, covering the period 2014 to 2016. These proceeds, almost USD 104 million, will be used to contribute to the implementation of Indonesia’s national REDD+ strategy (STRANAS), which is aligned with Indonesia’s Nationally Determined Contribution (NDC) under the Paris Climate Agreement.

The project is a pilot in the sense that it adopts a new UNDP performance-based payment (PBP) modality where countries (Implementing Partners) formulate a set of Deliverables or Results, describe how the Results are defined and measured, and establish payments for specified Results. Implementing Partners self-finance all or a significant portion of their activities until the Results are achieved and validated by an Independent Assessor through application of a pre-agreed Validation Methodology.

The project is structured around two components: Component 1 providing support to strengthening REDD+ coordination and implementation and overall REDD+ architecture, and Component 2 supporting decentralized sustainable forest governance. Under this second component, payments will be provided based on actual performance or results achieved (Performance-Based Payments or PBPs).

Under Component 2, support will be provided to both operationalize Forest Management Units (FMUs) as well as for investments in several key areas including (1) fire prevention and management, (2) reforestation, (3) forest restoration / enhancement, (4) community (sustainable) livelihood activities and (5) FMU business activities. The support to livelihood activities will be provided either through the Social Forestry programme where target areas coincide (see below), or as an independent activity where the FMUs do not yet include social forestry activities.

The Component 2 support to the expansion and implementation of the Social Forestry programme will cover both Adat and non-Adat communities. Focus will be on assisting in the obtainment and implementation of licenses for six different social forestry schemes and will encompass support to strengthening all stages of the permit cycle ⎯ application, planning, verification, implementation, and monitoring. A second focus area will be on supporting livelihood improvements for permit holders (through management and development schemes aimed at addressing drivers of deforestation and barriers to carbon enhancement).

IEF-UNDP Social and Environmental Standards

The project will comply with UNDP’s updated Social and Environmental Standards (SES), which came into effect 1 January 2022 and national safeguards requirements. Through the GCF Accreditation Process, the SES was acknowledged to be in line with the GCF’s Environment and Social Standards. The SES underpin IEF-UNDP’s commitment to mainstream social and environmental sustainability in its programmes and projects to support sustainable development. The objectives of the standards are to:

Strengthen the social and environmental outcomes of Programmes and Projects

Avoid adverse impacts to people and the environment

Minimize, mitigate, and manage adverse impacts where avoidance is not possible

Strengthen IEF and beneficiaries (FMUs) capacities for managing social and environmental risks

Ensure full and effective stakeholder engagement, including through a mechanism to respond to complaints from project-affected people

The SES are an integral component of IEF-UNDP’s quality assurance and risk management approach to programming. This includes the Social and Environmental Screening Procedure . The standards are underpinned by an Accountability Mechanism with two key functions:

A Stakeholder Response Mechanism (SRM) that ensures individuals, peoples, and communities affected by UNDP projects have access to appropriate procedures for hearing and addressing project-related grievances; and

A Compliance Review process to respond to claims that UNDP is not in compliance with IEF-UNDP’s social and environmental policies.

The project will also comply with the UNFCCC REDD+ safeguard requirements, including the ‘Cancun safeguards’. COP16 (Cancun) in 2010 agreed that a set of seven safeguards, commonly referred to as the Cancun Safeguards, should be promoted and supported when undertaking REDD+ activities. The safeguards in Appendix 1 of decision 1/CP.16 indicate that when undertaking activities referred to in paragraph 70 of decision 1/CP.16 , the following safeguards should be promoted and supported:

That actions complement or are consistent with the objectives of national forest programmes and relevant international conventions and agreements;

Transparent and effective national forest governance structures, taking into account national legislation and sovereignty.

Respect for the knowledge and rights of indigenous peoples and members of local communities, by taking into account relevant international obligations, national circumstances and laws, and noting that the United Nations General Assembly has adopted the United Nations Declaration on the Rights of Indigenous Peoples;

The full and effective participation of relevant stakeholders, in particular indigenous peoples and local communities, in the actions referred to in paragraphs 70 and 72 of this decision;

That actions are consistent with the conservation of natural forests and biological diversity, ensuring that the actions referred to in paragraph 70 of this decision are not used for the conversion of natural forests, but are instead used to incentivize the protection and conservation of natural forests and their ecosystem services, and to enhance other social and environmental benefits;

Actions to address the risks of reversals;

Actions to reduce displacement of emissions.

While it is considered that Cancun safeguards (f) and (g) are implicitly captured in the UNDP Social and Environmental Standards and Policies (See Demonstrating Consistency: UNDP Social and Environmental Standards and Policies and UNFCCC Cancun Safeguards , 1 June 2016), it is important to consider these Cancun safeguards separately in the SESP, ESIA and ESMP because they: 1) are not explicitly referenced in the UNDP standards; 2) are unique, assumed risks for forest and land use; and 3) should be reflected separately in the national reporting of the Safeguards Information System (SIS) or Summary of Information (SOI).

The applicable national and international legal framework is outlined in Environmental and Social Management Framework (ESMF), referred to below, as well as in the Social and Environmental Screening Process (SESP) undertaken as part of the Funding Proposal submission to the Green Climate Fund.

These Cancun safeguards are also reflected in the Indonesian REDD+ Safeguards Information System (SIS REDD+).

To date, three SES instruments have been implemented in relation to this project: an Environmental and Social Assessment (ESA), an SESP and an ESMF ⎯ the latter establishing the framework for operationalizing safeguards as the project moves towards implementation.

In the first half of 2021, UNDP developed a series of concrete proposals to ensure that the ESMF could be further operationalized once project implementation started. This work will include the preparation of:

A focused Environmental and Social Management Plan (ESMP)

An Adat Communities Plan (ACP)

An updated Stakeholder Engagement Plan (SEP)

A clear summary of how grievances are currently address, and if needed, the preparation of a project Grievance Redress Mechanism (GRM)

An updated Gender Action Plan (GAP)

In this context, IEF seeks to engage a Technical Consultant to support the Project Management Unit (PMU) in the preparation of the ESMP. Two other Technical Consultants will be engaged to support the preparation of the ACP, SEP and GRM updating. The updated Gender Action Plan will be prepared by a dedicated gender expert, separate from this ToR.

SCOPE OF ASSIGNMENT

The ACP Technical Consultant will support the PMU, liaising and working closely with the Technical Expert for Safeguards, national Gender, Social and Environment Safeguards Experts, REDD+ RBP Technical Expert for Gender, as well as UNDP advisors/specialists in the Climate and Forests Programme team, in the preparation of the updated ACP, to a level of quality that is ready for implementation.

Duties and Responsibilities for Deliverables

D1. Deliverable 1: Adat Communities Plan

The plan will be developed in line with UNDP SES requirements on indigenous peoples and the UNDP Guidance Note on SES 6: Indigenous Peoples . The UNDP Indigenous Peoples Plan Template will provide the basis for the plan presentation.

Key Tasks

Identify as clearly and concretely as possible what the main impacts of project activities will be on Adat Communities in ‘typical’ project areas. This should include as a minimum, concerns about their rights and the extent to which their full and active involvement can be ensured during project implementation, concerns about their potential marginalization and ‘being left behind’ as well as concerns about ensuring that their tenure is secured. The project ESA and ESMF provide extensive background information on Adat Communities in relation to project activities and this information can be used a starting point in preparing the updated ACP. To obtain the needed information, the ACP consultant will liaise closely with the ESMP consultant, and, ideally, will conduct field consultations in selected areas during the same time as the ESMP.

Prepare a updated ACP addressing how concerns raised will be effectively mitigated and managed. The ACP should identify specific impacts or risks and identify existing measures to address these, as well as identify concrete measures to avoid and mitigate all risks identified. The ACP will follow the indicative outline included in the ESMF.

D2. Deliverable 2: Communication materials for the ACP

Prepare a short summary of the updated ACP including graphic presentations or similar to facilitate reading and understanding. This should be included in the executive summary of the ACP.

Prepare a non-technical summary of the updated ACP that can be understood by different stakeholders.

D3. Deliverable 3: Report on consultations to updated ACP.

Prepare a short report on the consultation process undertaken during the updated ACP preparation, including a summary of persons met and key inputs to process.
Recruitment Qualifications

Educational background

Master’s Degree in Anthropology, Natural Resources Management, Forestry Management, sustainable development or related field.

Experience

At least 10 years of experience working with Adat Communities in Indonesia.

At least 10 years of experience in applying globally recognized standards and guidelines for environmental and social impact assessment, including in relation to Indigenous Peoples.

Demonstrated experience in developing Adat Communities Plans (or similar).

Demonstrated experience working with public sector actors in Indonesia responsible for policy and planning with respect to Adat Communities and forestry / natural resources management, including at the decentralized level.

Experience in stakeholder engagement (including with Adat Communities) for climate change and/or natural resources management programmes and/or projects.

Experience working on implementation of safeguards for international development partners (ADB, World Bank, IFC, UNDP, etc) is an asset.

Language(s ): Fluency in English and Bahasa Indonesia). Reporting is in English.