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Legal Consultant - Fisheries

JOB SUMMARY

Company Environmental...
Industry NGO/IGO/INGO
Category Legal
Location Ghana
Job Status Contractor/Co...
Salary Commensurate ...
Education LLB / Master&...
Experience 5 years
Job Expires Oct 22, 2018
Contact Ghana Country...
 

Company Profile

The Environmental Justice Foundation (EJF) is a UK-based non-governmental organisation working to secure a world where natural habitats and environments can sustain, and be sustained by, the communities that depend upon them for their basic needs and livelihoods. EJF is dynamic, agile and effective, and the team works across 13 countries in Africa, Asia and Europe.

EJF is working to eradicate illegal, unreported and unregulated (IUU) fishing and associated issues, such as human rights abuses. To do this, we work with governments and industry to promote transparency and traceability within seafood supply chains and markets. We conduct detailed investigations into illegal, unsustainable and unethical practices and actively promote improvements to policy-making, corporate governance and the management of fisheries along with raising awareness among consumers to incentivise market-driven solutions.

EJF’s global team also work on a range of other campaigns where environmental insecurity impact human rights. These include climate, forests, cotton and activist training. More information can be found at https://ejfoundation.org. In Africa, EJF has projects in Ghana, Liberia, Cameroon, and Senegal. 

Job Description

Terms of Reference

Assessment of Ghana’s fisheries laws for alignment with the Voluntary Guidelines on the Responsible Governance of Tenure and Sustainable Small-scale Fisheries

The Environmental Justice Foundation (EJF) and Hen Mpoano are implementing a three-year fisheries management project in Ghana, with funding from the European Union (EU). The project forms part of the EU’s Land Governance Programme, and aims to ensure greater environmental sustainability and social equity in Ghana’s fishing sector by reducing illegal fishing, building local capacity to secure legal and sustainable fisheries, and promoting implementation of the FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the context of National Food Security (VGGT).

The EU Land Governance Programme provides financial support to 17 country level projects, with transversal support provided through the Food and Agriculture Organization of the United Nations (FAO) and funded by the EU. The VGGT provide a framework for these projects. The overarching goals of the VGGT are to achieve food security for all and support the progressive realization of the right to adequate food in the context of national food security. The VGGT were unanimously endorsed on 11 May 2012 by the top UN body responsible for food security issues – the Committee on World Food Security (CFS).

Together with the Voluntary Guidelines for Securing Small-scale Fisheries in the Context of Food Security and Poverty Eradication (SSFG), the VGGT provide comprehensive guidance to governments, civil society and the private sector, on how to promote responsible governance of tenure of fisheries resources in line with internationally accepted standards. The VGGT, in particular, provide an authoritative point of reference for states amending or adopting laws on the tenure of land, fisheries and forests.

Within the framework of the Far Dwuma Nkɔdo project, EJF and Hen Mpoano are undertaking an assessment of Ghana’s current fisheries law framework and related legislation for alignment with the principles of the VGGT and the SSFG. The guiding principles of the VGGT and SSFG include equity and equality; consultation and participation; transparency; accountability; economic, social and environmental sustainability, including the precautionary approach; and the ecosystem approach to fisheries. The aim of the assessment is to identify the most appropriate means by which key principles of the VGGT can be implemented, and provide concrete recommendations that may be considered in the process to amend the 2002 Fisheries Act initiated by the Ministry of Fisheries and Aquaculture Development (MoFAD) and anticipated to be completed in 2019.

EJF and Hen Mpoano have completed a preliminary assessment of Ghana’s 2002 Fisheries Act, Act 625 and 2010 Fisheries Regulations, LI 1968, for alignment with the VGGT and SSFG, following the methodology used in the FAO’s analytical assessment of the fisheries and aquaculture legislation of Sierra Leone undertaken in 2015 (http://www.fao.org/3/a-i5194e.pdf) and the FAO’s Technical Guide on Responsible Governance of Tenure and the Law. In Sierra Leone, the government is using the VGGT as the main reference document for tenure governance reform by screening acts and bills from a VGGT perspective, for example, the Fisheries Policy and the Fisheries Development Strategy, the Forestry Act, the General Registration Act, and the Constitutional Review process.

EJF and Hen Mpoano are seeking to engage a national legal expert to review and complete this preliminary assessment, including identifying any additional laws and policies that may need to be considered in the assessment, and leading consultations with stakeholders to review and validate the findings. The specific requirements and conditions of the consultancy are described below.

Required Skills or Experience

  • Qualification in law from Ghana. LLM in a relevant discipline is an asset.
  • Minimum of 5 years’ experience practising law, preferably in relation to fisheries and/or natural resources, or a related area.
  • Understanding of fisheries governance in Ghana, and the national fisheries law framework. Experience of working with the VGGT and SSFG is an asset.
  • Excellent written and spoken English
  • Excellent communication skills, preferably with experience of leading stakeholder consultations.

Activities

  • Review and complete the preliminary assessment of alignment of Ghana’s national fisheries law framework with the VGGT and SSFG, taking into consideration the legislation and related documents compiled to inform the revision of Ghana’s Fisheries Act: http://rhody.crc.uri.edu/gfa
  • Organise and lead consultation meetings with stakeholders to review and validate the findings of the legal assessment, including but not limited to representatives of the small-scale fishing industry, traditional authorities, civil society organisations, local government, land use planning and fisheries authorities.
  • Present the results of the assessment at a briefing event for interested stakeholders and government.

Deliverables

  • Final report detailing the results of the legal assessment, incorporating recommendations and conclusions from the consultation meetings, to be delivered by 30th November 2018.
  • Presentation of the findings at a national event for stakeholders and government to be held in January 2019.

Duration

The duration of this consultancy is from November 2018 to January 2019.

How To Apply

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