Local NGO

Deadline: 22 August 2021

Background

Minerals and mining have a significant impact on the Zimbabwean economy. Since 2018, Zimbabwe has been leveraging its economic development on the mining sector and several mining contracts have been signed by the Government of Zimbabwe with investors both local and foreign. Section 315 (2) of the Zimbabwean Constitution stipulates safeguards in State contracting in mining by stating that an Act of Parliament must provide for the negotiation and performance of State contracts including concessions of mineral and other rights to ensure transparency, honesty, cost-effectiveness, and competitiveness. Contract transparency promotes accountability in that it helps to hold the investor to account on obligations that were agreed upon and ensure proper execution. Transparency ensures proper stewardship of the national resources, and that mineral resource exploitation is for the development of the country.

Several complaints have been raised against some natural resource sector contracts as being contrary to national laws and policies leading to environmental, economic, social, and cultural rights of Zimbabwean citizens. Natural resource contracts should aim at contributing to sustainable development by benefiting countries where the resources are found in consideration of future generations. whilst reducing environmental degradation. It is against this background that a local NGO working in the natural resource governance sector seeks a consultant to review its guide on contract performance monitoring for use by various stakeholders including civil society organisations and duty bearers at different levels. The guide will be useful in natural resource sector contract performance monitoring as it will be developed on the backdrop of the tenets of transparency and accountability.

Main objective

To review its guide on contract performance monitoring in the natural resources sector in Zimbabwe

Specific terms of reference

The consultant, working closely with the consulting organisation will be expected to assess if the following requirements in the guide have been covered: Gives a brief overview of salient contract performance issues that emerge from the natural resources sector and communities hosting mining activities; Unpacks the legislative framework that support contract performance monitoring in the natural resources sector in Zimbabwe and assess the adequacy of the framework through comparing it with regional and international best practices on contract performance monitoring; Identify, assess, and document laws and policies that govern contract performance monitoring in Zimbabwe; Assesses the key gaps in contract performance monitoring in the natural resources sector in Zimbabwe that lead to mineral leakages and illicit financial flows; Provides a comparative analysis of the framework used in other countries, regionally and internationally drawing from best practices such as the EITI; Provides guidelines for contract performance monitoring by parliament, CSOs and communities which unpack the steps or process to be followed when monitoring contracts including actions/ activities that should be undertaken and questions that should be asked at each level of the contract performance process; Provides a tracker for monitoring the implementation of the issues/ recommendations that emerge from the CSOs/ Parliament’s contract performance work; Provides recommendations on how contract performance monitoring in the natural resources sector can be enhanced.

Key deliverables

Produce a revised guide on contract performance monitoring; Add examples from international standards and cases; Highlight key recommendations to bridge the disconnect between the import of legislation and policies and implementation; Produce guidelines for contract performance for use by stakeholders including Parliament, CSOs and communities; Develop a tracker for monitoring the implementation of contracts; Guard against plagiarism and reference sources.

Time frame

The guide should be completed within one month of signing the contract with the Consultant.

Applicant requirements / Relevant qualifications

At least five years’ experience in land rights, extractives, sustainable development, and mineral resource governance work; Applications will be considered from applicants with a minimum of a Masters degree in any one or more of the following areas: law, economics, public policy, or any other relevant field; The ability to research, write, review, and produce high quality work, competency in clear, concise documenting in plain English.