Consultancy for Legal Analysis

Consultancy advertisement

Position:

Short-term consultancy

Scope of work:

Develop a situational analysis on legal and institutional frameworks for countering transnational wildlife crime in Democratic Republic of Congo and Republic of Congo

Location(s):

Virtually

I. Background:

Central Africa contains some of the world’s most iconic and ecologically important landscapes. Yet protected areas in Central Africa are also highly threatened, notably from illegal activities like poaching. Due to weak governance, widespread corruption and poor institutional frameworks, Central Africa has been used as a major source of illegal ivory, rhino and other wildlife products from Africa to Asia. Republic of Congo (RoC) and the Democratic Republic of Congo (DRC) serve as important logistical hubs for wildlife trafficking in this region.

RoC probably holds Central Africa’s second largest number of forest elephants, distributed mostly in the Congo Basin rainforest which is home to a massive diversity of species, however, this country is markedly affected by the illegal trade in ivory. In addition to domestic sources, Pointe Noire and Brazzaville, Congo are major markets where raw ivory is sourced from DRC, Angola, and even from Benin.

DRC is now in a situation more critical than other countries of the sub-region of Central Africa. Around one million elephants at the beginning of the 20th century have been reduced to be only a few thousands today. Rhino population may be wiped out of DRC. The leading cause of wildlife loss are poaching and the high demand for wild meat in local markets across DRC. Moreover, as ranking among the poorest countries in the world, DRC has become more vulnerable to wildlife trade networks. In December 2020, the Environmental Investigation Agency (EIA) reported DRC in the top of 2 countries associated with large scale seizures involving multi-national organized criminal groups operating throughout Africa.

Illegal wildlife products are consolidated and exported directly from Matadi seaport, DRC or Pointe-Noire seaport, RoC or transported to Nigeria before shipping to Asia. According to WCS news scan, from 2004-2020, there were about 5 seizures of the high-volume trafficking of ivory and pangolin scales in Viet Nam or outside but linked to Viet Nam and connected to DRC/RoC. In 2019, the largest ivory seizure ever made in Viet Nam with over nine tones of ivory in a container shipment from the RoC and a shipment of 8.8 tons of elephant tusk from DRC destined to Viet Nam was arrested in Singapore. In most of those cases, the enforcement agencies failed to identify such criminal networks or traders. One of the main reasons is that Vietnamese law enforcement agencies have very limited understanding of the situation of wildlife trafficking from Central Africa to Viet Nam due to: (i) lack of criminal justice cooperation between Viet Nam and countries in Central Africa as RoC and DRC; (ii) there is not any available in-depth studies/reports on wildlife trafficking, by air or sea routes, from Central Africa to Viet Nam that have been developed and shared among law enforcement agencies in Viet Nam.

In this context, WCS is seeking an experienced expert to develop a situational analysis on legal and institutional frameworks for countering transnational wildlife crime in DRC and RoC. These reports will be shared with Viet Nam agencies to deepen understanding of the current situation of wildlife trafficking from Central Africa to Viet Nam, updated information on legislation, institutional frameworks, and contact points/details for their counterparts. Based on that, WCS will work with our government partners to explore the opportunities to enhance transcontinental law enforcement cooperation and coordination among law enforcement agencies of Viet Nam with those in ROC and DRC to counter wildlife trafficking.

II. Objectives:

WCS will hire the consultant(s) to:

  1. Develop an understanding of the illegal wildlife trade in DRC/RoC and illegal wildlife supply chain from those African countries to Viet Nam (trends, modus operandi, Vietnamese involvement in criminal network);
  2. Provide knowledge of legal and institutional frameworks for countering transnational wildlife crime in DRC and RoC; particularly the focal point/agencies for international cooperation and mutual legal assistance;
  3. Identify priority areas for enhanced collaboration to promote cooperation between Viet Nam and DRC and RoC to combat transnational wildlife crime.

III. Activity, Expected outputs/deliverables and tentative deadline 

I.                    Description of work:

Activities

Outputs/ deliverables

Completed by

Allotted time

 (# of days)

Payment schedule

  1. Develop an outline

 

 

 

One-off when the consultant completes the task and deliverables are approved by WCS

  • Identify the research focus and draft detailed outline
  • Revise outline as suggestions from WCS

Agreed outline

December, 10, 2021

01

  2. Develop the draft report  

 

 

 

  • Research and collect information on illegal wildlife trade in DRC/RoC, identify trade routes, techniques and trends relating to wildlife trafficking from DRC/RoC to Viet Nam, including crime dynamics. Update arrested cases, criminal networks or trends linked from DRC/RoC’s to Viet Nam, with support from WCS Viet Nam team;
  • Conduct a legal review on wildlife protection framework in DRC and RoC including crime related types and penalty, international agreements, multilateral and bilateral cooperation, mutual legal assistance in criminal matters;
  • Analyze the institutional framework relevant to countering transnational wildlife crime of DRC and RoC, and identify relevant stakeholders and key actors in wildlife management, criminal procedure, and international cooperation and mutual legal assistance in criminal matters;
  • Identify challenges which make these countries vulnerable to wildlife crime and suggest priority measures to address the challenges;
  • Propose the cooperation actions among authorities of Viet Nam, DRC and RoC
  • Send the draft report to WCS for feedback

Draft report

December 30, 2021

08

  3. Finalize the report

 

 

 

  • Finalize the analysis report based on WCS’s feedbacks

Final report

January 20, 2022

01

Total allotted time (total working days): 10 days

IV. Consultant Requirements:

  1. Bachelor/Master degree in law or other relevant fields;
  2. Good understanding of legal and institutional system in African countries (ROC, DRC) and Viet Nam; experience working in the wildlife-related sector in these countries would be preferred;
  3. Experience in conducting legal and policy review documents;
  4. Extensive knowledge of inter-agency collaboration, international cooperation and mutual legal assistance in criminal matters in supporting the handling of transnational wildlife crime;
  5. Strong legal research, analysis and reporting skills;
  6. Understanding of transnational wildlife trafficking from Africa to Asia, particularly Viet Nam;
  7. Fluent in both English and French, especially for legal terms.

VII. Application procedure:

Interested candidate(s) are invited to send to [email protected]

  1. an email of interest
  2. Curriculum Vitae
  3. proposed daily consultancy rate (in USD) with justified history records

before 12:00 pm (Hanoi time), Tuesday November 30, 2021.

Note: Only shortlisted candidates will be contacted.

Job Details
Organisation Name: 
WCS
Application Deadline: 
Tue, 2021-11-30