Legal Specialist – Law and Policy Assessment and Review

Organizational Setting

The Food and Agriculture Organization of the United Nations (FAO) contributes to the achievement of the 2030 Agenda through the FAO Strategic Framework by supporting the transformation to more efficient, inclusive, resilient and sustainable agrifood systems, for better production, better nutrition, a better environment, and a better life, leaving no one behind. The FAO Subregional Office for the Pacific Islands (SAP) was established in 1996 in Samoa to coordinate the FAO work in the Pacific and covers 14 countries- Cook Islands, Fiji, Federated States of Micronesia, Kiribati, Nauru, Niue, Palau, Republic of the Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu, Vanuatu, and Tokelau (one Associate Member). SAP is responsible for developing, implementing and overseeing programmes and projects to address food security, nutrition, agriculture, natural resources management, and rural development priorities, in which gender, climate change adaption, and anticipatory action are important cross-cutting issues. SAP develops and maintains relations with subregion wide institutions and entities.

This assignment falls under Project GCP/PLW/002/GCR “Developing an enabling environment for low emission and climate smart and resilient agriculture in Palau”. The core problem facing Palau’s agricultural sector is its vulnerability to climate change impacts, which are exacerbated by low agricultural productivity, soil degradation, and inefficient water use practices, which threaten the sector’s ability to support food security. Palau heavily relies on imported food, making the nation’s food system particularly vulnerable to global supply chain disruptions and rising costs. Currently, Palau lacks a comprehensive policy and development strategy to transform its agricultural sector toward sustainable, climate-resilient, and low emission practices. The absence of a corresponding legal framework and effective institutional coordination further hampers progress. Limited technical capacity and insufficient access to climate finance are additional barriers, preventing Palau from fully addressing the impacts of climate change on agriculture. or aligning its efforts in a sustainable manner and in line with its Nationally Determined Contribution.

FAO will undertake a detailed review of relevant sectoral legislation of Palau (agriculture, fisheries and aquaculture, forestry) against the country’s international climate change commitments, and its national climate change and agriculture policy objectives and goals, with a focus on transitioning toward sustainable, climate-resilient and low emission agricultural practices. This position is required to execute, in collaboration with the International Legal Consultant, LEGN and the project team, the implementation of the above legislative and institutional review and assessment, as well as the development of recommendations for legislative action or reform in these areas.

Reporting Lines

The Legal Specialist will be under the overall supervision of the FAO Subregional Coordinator (SRC) for the Pacific Islands, the overall technical Supervision of the Chief, LEGN and work in close collaboration with the International Legal Consultant and the LEGN Officer responsible for climate change. She/he will also work in close collaboration with the Natural Resources Officer, the Technical Advisor, and the project team.

Technical Focus 

The Technical Focus of this assignment is the enabling environment (legal and institutional framework in Palau) for resilient and low emission agriculture in the face of global warming. The Legal Specialist will undertake a detailed review of relevant sectoral legislation (agriculture, fisheries and aquaculture, and forestry, land, water, etc.) in the context of the country’s international climate change commitments, and its national climate change and agriculture policy objectives, with a focus on transitioning toward sustainable, climate-resilient and low emission agricultural practices. The review will be in line with GCF guidelines, country priorities and will feed into the development of co-designed innovative climate solutions with associated prefeasibility studies to inform the development of a Concept Note.

Tasks and responsibilities

The Legal Specialist will perform the following tasks and responsibilities:
•     Familiarise her/himself with the GCF project proposal and the Palau policy documents that are relevant to agriculture, climate change, agricultural development and adaptation to climate change; 
•     Undertake a review of all current legislation in force in Palau that touches upon the above issues, using the FAOLEX online database, and other authoritative local sources of legislation, including meetings with relevant government stakeholders who can provide information on legislation in force, as well as priority policy objectives. 
•     Prepare a draft legal assessment report (to be cleared by LEGN) that covers the following elements:

•     Describe the national policy context regarding agricultural development and climate change, with its objectives and goals;
•     Describe the legislation (including the institutional frameworks provided for in the legislation), making connections with the national policy context, its objectives and goals;
•     Assess the existing legislation and institutional structures and mandates related to agriculture, climate change and natural resources management, to identify areas of improvement or gaps for implementation of climate smart agriculture and national policy goals described in the report. To the extent feasible and possible at this stage, incorporate and make connections with policy considerations that result from Project Activity 2.2.5.1 “Assess mitigation potential in agriculture sector, including the potential for the use of renewable energy” and relate these to the existing legislative framework.  To the extent possible at this stage, include and make connections with policy considerations resulting from Project Activity 2.2.6.1 “Develop an agriculture policy and development strategy that supports the transformation towards low carbon and climate smart and resilient agriculture”.

•     Participate in project workshops (inception workshop and workshop on presentation of the legal assessment report)
•     Undertake consultations with stakeholders on the results of the legal assessment and on the recommendations for amendment/new legislation during two one day workshops.
•     Prepare a second legal report (to be cleared by LEGN) containing detailed DRAFT proposals for new/revised legislation that will be informed, among others, by the results of the stakeholder review of the legal assessment report, stakeholder consultations and will incorporate their feedback. The report should also seek to incorporate the results of other projects in Palau that are described in the GCF Readiness Proposal Document at section 2.8 “Synergies and Complementarity”. 
•     Participate in final validation workshop for legislative recommendations, with government stakeholders, and incorporate their input into a final version of recommendations to be presented to the Government.
•     Respond to ad-hoc questions and perform other duties as required.

CANDIDATES WILL BE ASSESSED AGAINST THE FOLLOWING

Minimum Requirements

•     Bachelor of Law degree (LLB or equivalent) from a recognized and reputable institutions with additional two years of level work experience. Master’s in law and/or Ph.D. will be an asset. 
•     Minimum of 5 years of experience in practical legal or research work on development law, environmental law, natural resources law or related fields of agriculture and climate change law. Experience in legislative drafting is an asset. 
•     Working Knowledge of English.

FAO Core Competencies

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

Technical/Functional Skills 

•     Ability to carry out focussed legal research and performing legislative assessments, providing technical legal advice on national legislation and making recommendations for legal reform.
•     Knowledge of national and international laws and regulations related to climate change, including agriculture and environmental law. 
•     Experience in developing and advising on implementation of climate-related policies, including those related to agriculture and related fields such as land use. 
•     Strong communication and collaboration skills to engage with diverse stakeholders, including governments, businesses, and civil society. 
•     Ability to work with a cross-section of stakeholders, including senior government officials in small and vulnerable states (SIDS and LDCs).
•     Knowledge of legal systems in Palau or Pacific region will be an advantage.
•     Strong writing skills and language proficiency.
•     Extensive experience minimum of 3 years in providing legal assessments, including on climate change policy review, legal policy and legislation review and recommendations.
•     Experience in working in Palau, Pacific region or in SIDS will be an advantage.