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Wednesday, September 22, 2010

Terms of Reference for Study on Integration of Environmental Action Plans – National Consultants

Environment Programme Support (EPS)
Terms of Reference for Study on Integration of Environmental Action Plans – National Consultants

Output 1 of EPS is ‘Strategic Environmental Assessment institutionalized in selected key lead agencies.’ Strategic Environmental Assessment is a systematic evaluation as to whether or not a government policy, plan, or programme will have a significant environmental impact.
While only modest progress has been made towards this objective, there is interest in examining how environmental action plans are integrated into development plans. Accordingly it is proposed to employ some of the remaining budgeted consultancy resources to address this topic.
Background
The Environmental Management and Coordination Act (EMCA, 1999), requires the National Environmental Management Authority of Kenya (NEMA) to prepare State of the Environment Reports (SoE) annually, and National Environmental Action Plans (NEAP) every five years. Moreover, the EMCA requires the District Environmental Committees (DEC) to prepare District Environmental Action Plans (DEAP) every five years, and the Provincial Environmental Committees (PEC) to prepare Provincial Environmental Action Plans (PEAP), also every five years.
Recent constitutional changes imply that the 8 provinces have been/will be replaced by 47 counties, probably necessitating the abolishment of the PECs and PEAPs, and creation of County Environmental Committees and the preparation of 5-yearly County Environmental Action Plans.
State of the Environmental Reports
Three State of Environment Reports have been prepared for Kenya under EMCA, the 2003, the 2004 and the 2006/2007 State of Environment Reports. The first report provided a broad baseline on the state of environment, whereas the later two reports took up thematic areas. In 2004 the themes covered were Land Use & Environment and Pollution & Waste Management; the themes covered in 2006/2007 were Climate Change and Coping Mechanisms. All reports are narrative and their sequence lacks a systematic follow through on trends in development related to environmental issues. The generation of these reports is not based on a structured information management system.
Currently a 2008/2009 State of the Environment Report is under preparation where a more structured approach is pursued focusing on environmental indicators and in which the newly established GIS Unit at NEMA Headquarters in Nairobi will be more substantially involved in securing geo-referenced documentation on the state of environment. A Manual for the National Environmental Indicators has been developed to support the 2008/2009 state of environment reporting.
Environmental Action Plans
At district level the DECs are charged with the preparation of DEAPs. At the provincial level PECs are charged with the preparation of PEAPs, taking into account aspects raised in the DEAPs. At the national level the National Environmental Action Plan Committee (NEAPC) is charged with the preparation of the NEAP incorporating elements raised in the PEAPs.
Kenya produced the first NEAP under EMCA in 1999. All environmental action plans are narrative with little map documentation and none have been based on a structured information management system. The latest NEAP is of 2009, covering the period 2009-2013.
Development Plans
The Ministry of State for Planning and National Development and Vision 2030 plays a key strategic role in the overall structure of government and administration in Kenya. Its mandate is to facilitate and coordinate the national development planning process and to provide leadership in national economic policy management. The ministry’s role includes the provision of leadership and coordination in the preparation of the main National Development Plan documents, including the District Development Plans; the National Mid-Term Plans (the latest is MTP 2008-2012), and specific socio-economic programmes and plans. Of further relevance is or may be the existence of “guidelines for the preparation, implementation and monitoring of Local Authority Service Delivery Action Plans” – which is understood to provide the guidelines for the preparation of the DDPs.
Relevant Developments in the Kenyan Environmental Sector
Restructuring of NEMA is being considered - this may have implications on how and by whom the SoEs and NEAPs will be prepared. Under the ongoing Danida/Sida-financed technical assistance support package, as provided by Euroconsult Mott Mac Donald (early-2007 to end-2010), a “Restructuring of NEMA” technical report has been prepared in April 2010, providing among others relevant information on the preparation of environmental plans. The consultant aims at submitting a detailed version of this analysis to the NEMA Board in end-September.
Under the same TA package assistance is provided to NEMA in Integrated Coastal Zone Management in the Coast Province: a State of the Coast Report was produced in 2009, and an ICZM policy has been drafted (2010).
Under an ongoing but almost completed EU-financed technical assistance package, also provided by Euroconsult Mott MacDonald to NEMA, the focus has been on preparing detailed DEAPs (2009-2013) and a PEAP (2009-2013) for Nyanza Province.
With support of the Danish embassy a National Environmental Policy has been drafted, it is to provide a framework for sound environmental and natural resource governance by mainstreaming environmental considerations into sectoral policies and strengthening regional and international cooperation in environmental management. However, although a key deliverable in the Government-to-Government Agreement, the current Minister prefers existing statutes to be more properly enforced, rather than developing another (policy) document.

Objectives
The objectives of the current study are:
• to prepare an analysis of the mechanisms, cost and benefits for integrating district, provincial and national environmental action plans and sector-specific plans into local and national development plans and the extent to which they are successful;
• to devise means by incentives, cost and benefits to promote the integration of environmental plans into mainstream planning;
• to make appropriate recommendations.
All of the above will be done in collaboration with other relevant work and in recognition of administrative changes introduced by the new Constitution of Kenya, and under guidance of an international Environmental Specialist of Euroconsult Mott MacDonald.
Main Tasks
• Examine and understand the existing process for developing and approving development plans and environmental action plans in Kenya;
• Consult with the Ministry of State for Planning, National Development and Vision 2030, NEMA and selected district and provincial authorities, including DECs and PECs, as needed;
• Consult with other relevant work including the EU-funded Capacity Building Facility and the consolidation of district environmental action plans in the Coast Province of Kenya under EPS integrated coastal zone management (ICZM) activity;
• Collect, study and analyse DEAPs and DDPs; PEAPs; the NEAP 2009-2013 and the MTP 2008-2012 in the light of manpower and time used for the processes of developing these plans including cost benefit and /or value for money analysis to estimate the transaction cost for each of these processes, and examine how environment action plans are integrated with development plans, i.e. for four (4) areas: two in arid or semi-arid areas [……… & ………..] and two in the coastal zone [………… & ……………..]. This study will include a review of existing local level planning/Env/NRM systems in light of the new constitution chapter on devolution to County level and an assessment of how these planning/environmental/NRM systems can be, or not be, absorbed in the functions of the new County Council.
• Identify entry points for mainstreaming environmental planning into the development planning process;
• Prepare analyses and recommendations in the form of a concise mission report, the structure of which will be agreed with the international Environmental Specialist;
• Participate in one focused workshop at NEMA to verify the recommendations.
Outputs
• Analysis of planning mechanisms detailing how environmental planning is integrated with development planning, its cost and benefits at all levels in Kenya, with examples.
• Recommendations for promoting the integration of environmental planning with development planning showing appropriate entry points and cost and benefits.
• Report with supported and verified recommendations for action.
Scope of work and activities
• The existing process for developing and approving local, provincial and national development plans will be examined and compared with the corresponding mechanisms environmental action plans in Kenya to understand points of contact and defects in coordination. Changes to local government following promulgation of Kenya’s new constitution will be taken into account.
• Collaboration with other relevant work. This will include but is not limited to the following
o The EU-funded Capacity Building Facility, which has facilitated the preparation of provincial and district environmental action plans in Nyanza province and is in the process of revising the existing manual that guides the environmental action planning process.
o The EPS integrated coastal zone management (ICZM) activity on consolidation of two district environmental action plans in the Coast Province, as guidance to environmental action planning using a structured GIS and environmental indicator approach.
• Meet and discuss with relevant stakeholders in the four selected areas (two in arid or semi-arid areas, two in the coastal zone) to review past and future planning processes in the light of recent constitutional changes.
• Based on the feedback from stakeholders, identify entry points for mainstreaming environmental planning into the development planning process, and produce recommendations for promoting the integration of environmental planning with development planning.
• Prepare a consolidated mission report incorporating preliminary conclusions and recommendations.
• Prepare for and participate in a workshop at NEMA to verify the findings and recommendations to promote the mainstreaming of environmental action into development planning, using concepts of natural capital and strategic environmental assessment.
Method of Work
Phase 1 – Review of existing mechanisms and processes
Existing documentation will be collated and examined. Relevant stakeholders will be identified and consulted in depth on the existing mechanisms and processes affecting development and environmental planning. A detailed programme for fieldwork will be developed and agreed with the international Environmental Specialist, including the arrangement of travel and setting appointments for meetings.
Phase 2 – Fieldwork
The example plans will be examined in detail in the field, in collaboration with those authorities and individuals who have responsibility for preparing and approving them. The extent to which environmental considerations are included in development planning will be considered, along with any mechanisms or opportunities for specific incorporation of environmental action plans into development plans.
Phase 3 – Preparation of recommendations
A report detailing the existing processes and procedures along with gaps and opportunities identified will be produced for consideration by stakeholders. The focus will be on comparing processes for development and environmental planning, not restating what is already in the plans concerned. Relevant experience will be used to illustrate the opportunities for improvement. Stakeholders will be consulted on this report, and their views will be sought on entry points for mainstreaming environmental planning into the development planning process.
Phase 4 – Verification and final reporting
A workshop will be convened with up to fifteen specialists from stakeholder organizations. The findings and recommendations of the analysis will be presented and examined in detail in the workshop. A contribution will be provided to the incorporation of verified and supported findings and recommendations for action into a final report on the study.
Resources
Two national experts for two months each (October and November). Funding for travel and fact finding and per diems will be provided.
Expert qualifications
Two qualified national experts will be required, both with an environmental planning background and preferably with working experience in the environmental sector at district, provincial and national level. Stakeholder consultation is an important part of the proposed activity, so the experts will be required to have experience at a senior level in dealing with a range of stakeholders especially in government and local government organizations.
In view of the short time available for the whole study (14 weeks), it is proposed to recruit two national experts who will work together. They should have at least five years’ relevant post-qualification experience in environmental management and planning in Kenya, and have demonstrated capability to analyse processes and documentation as well as in dealing sensitively with stakeholders. One may have a slight focus on the planning process aspects of the study, the other on the cost/benefit analysis.
Timing and resource allocation
Activity and resources Week
38 39 40 41 42 43 44 45 46 47 48 49 50 51
Identify national consultants (ongoing)
Contract/mobilize national consultants
X X
X
Initiate contacts with stakeholders (ongoing) X X X X

Review and document existing processes and procedures in consultation with stakeholders; select example locations X

Field visits to selected locations to examine planning processes in detail X X X X

Development of recommendations in consultation with stakeholders X X X X X

Verification workshop X

Period of engagement of two national consultants I--------------------------------I

HOW TO APPLY
Interested consultants should submit their applications explaining how the qualifications and experience match the given terms of reference. The application should be sent to wandert.benthem@mottmac.nl . Please note to attach the full CV
The deadline for these submissions is September 30, 2010.

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