Legal environment assessment for the Stone and Marble Sector

***Only candidates with the relevant right to work will be considered*** 

KEY INFORMATION
Job Title: Legal environment assessment for the Stone and Marble Sector
Sector: Stone and Marble
Position Type: Consultancy
Duration/Level of Effort: 60 person days over three months (August 2022 to October 2022)
Position Location: The Occupied Palestinian Territories
Reports to: Workstream 2 Lead

BACKGROUND
The Trade Facilitation and Customs Support programme (Tasdeer) is a three-year programme funded by UK Aid from the British Government and implemented by a consortium led by Cowater International.

The objective of the Tasdeer programme is to improve the Palestinian private sector’s competitiveness and the PA’s capacity in the fields of trade, customs and import policy regulation and administration. The Tasdeer programme aims to increase sustainable private sector-led economic growth and job creation in the Occupied Palestinian Territories and the PA’s fiscal sustainability while ensuring equitable access to increased trade and improved institutional capacity. Gender Equality and Social Inclusion is a main tool and objective for Tasdeer to ensure the benefits of the programme are equally accessed by the diverse groups of men and women in the supply chain.

Tasdeer is designed to be flexible and adaptive and works politically and technically to make progress across four keys interrelated Workstreams:

• Workstream 1: Support to expedite the movement of goods and reduce transaction costs. This workstream aims to develop systemic interventions that will seek to expedite the movement of goods and contribute to impactful reductions in transaction costs for Palestinian imports and exports.
• Workstream 2: Support to improve Palestinian trade-related institutions and business enabling environment. This workstream aims to improve Palestinian trade-related institutions and strengthen the trade operating environment.
• Workstream 3: Support to improve the private sector’s skills and innovation to export and create jobs. This workstream aims to support activities that will help Palestinian firms increase their exports through the application of a market-driven approach. This market-driven approach will identify potential buyers/markets while exploring the linkages between the buyer, the firms, and its suppliers.
• Workstream 4: Support to improve PA’s Customs readiness to assume functions from Israel to collect revenues from trade-related taxes. This workstream aims to provide technical assistance to enhance the capacity of the PA (Palestinian Authority) Ministry of Finance Customs Department including the possible transfer of additional custom functions from Israel to the PA and to limit fiscal losses from inefficient clearance mechanism of trade-related taxes between the PA.

The interventions implemented by each workstream are designed to take into consideration the roles and needs of women, youth, and people with disabilities, including those in marginalized areas (i.e., East Jerusalem, seam zone, area C and Gaza), ensuring that all interventions and activities are GESI (Gender Equality and Social Inclusion) responsive.

The Stone and Marble Industry (SMI) is one of the largest and most active industries in Palestine, providing economic and financial benefits to the public and private sectors. The industry employs between 25,000–30,000 workers in dispersed quarries, stone-cutting facilities, workshops, and crushers in several governorates of the West Bank and Gaza Strip. It generates $550-620 million USD in total revenues each year, contributing 20–25% of the total industrial revenues of Palestine and 4.5% of the total gross national product[1].

The Union of Stone and Marble Industry (USM) was established in 1996 as an independent, non-governmental, non-profit organization based on membership. It aims to defend the interests of members and promote the development of the Palestinian stone industry. The Union has about 400 member companies representing the majority of stone and marble factories in the West Bank and provides services in all the governorates of the country through its headquarters in Bethlehem and two branches in Hebron and Nablus.

The Vision of the Union is to put the Palestinian Stone and Marble Industry in the ranks of advanced industries in the global market. While its mission is to present the industry of stone and marble in Palestine and defend the interests of its members and work on the development of this industry. Accordingly, Tasdeer will provide USM with support to conduct a legal environment assessment to identify the laws, regulations and procedures that are affecting the Stone and Marble sector and hindering it from reaching its potential. The assessment will include prioritization of the laws and regulations based on their impact on the sector and recommended first steps for USM to formulate a negotiation position in the future.

SUMMARY OF THE POSITION

Tasdeer is looking for a short-term consultant to conduct a legal assessment of the Stone and Marble sector in the OPTs, looking at laws, regulations and procedures which are constraining sector growth and exports.

The consultant’s assessment will include prioritization of the laws and regulations based on their impact on the sector and recommended first steps for USM to formulate a negotiation position in the future.

The assessment should include at least the following laws and regulations:

Health law (no.20 for year 2004)

Competition Law

Environment law (No.7 for year

Companies law 

Regulation for building and organization (no. 5 for year 2011)

Natural resources law (no.1 for the year 1999)

Higher council for organization decisions (no 171)

Industrial Law 

Cities and Villages Organizing Resolution No. (79) for the year 1966

Cabinet Resolution No. (25) of 2010 regarding the environmental conditions for stone and marble saws, tiles, and ready-made concrete factories

Ministry of Agriculture Law No. (2) of 2003

Cities and Industrial Zones Authority Law No. (10) of 1980

Water Law No. (3) of 2002

Standards and Metrology Law No. (6) of 2000

Civil Defense Law No. (3) of 1998

Antiquities Law No. (51) of 1966

Ministry of Labor Law No. (7) of 2000

Investment Promotional Law

Income Tax Law

The assessment should prioritize the laws and regulations based on their quantified impact on the sector and propose amendments or changes that would help unlock the sector’s growth potential. USM is committed to advocate for the recommended changes. Tasdeer recognizes that the environment is intrinsic to sustainable development. In line with this, Tasdeer is committed to good environmental safeguarding and stewardship.

The assessment of laws and regulations will include an environmental impact assessment for the priority reforms. Tasdeer will not support any change which does not conform with FCDO’s Do No Harm principle in relation to the environment, or which produces changes which cannot be offset. The legal assessment should not provide a basis for harmful environmental changes

The consultant is expected to be responsible for:

5. Field research and meetings: conduct meetings with all relevant stakeholders (a representative sample from the USM members) to identify the main laws and regulations effecting the sector and its impact.
6. Desk Research:
   • Review all relevant studies, laws and regulation related to the Stone and Marble Sector in Palestine including those that impacts women, small-scale youth, and PWD traders.
   • Review the FCDO’s and Cowater’s commitments to environmental safeguarding.
7. Reporting: provide a full assessment of the current legal environment in Palestine and its effect on the Stone and Marble sector and provide inclusive recommendations on changes and amendments ensuring compliance with do no harm principles of environmental safeguarding
8. Policy formulation and Advocacy: Formulate 5 policies papers (Green papers & White papers) to be used by USM in their advocacy efforts and discussions with the government that includes the potential impact of the recommended changes.
   • The papers delivered should present:
     • Feasibility of change
     • Impact
     • Similar models
9. policy papers will be formulated for top 5 legal issues to be decided based on a criterion that will be formulated jointly by Tasdeer, USM and the consultant

The assignment deliverables are:

No. Deliverable

1 Inception report

2 Legal assessment report including potential impact

3 Presentation and workshops 

4 Clear recommendations on required changes and amendments

5 Policy papers and advocacy plan

Note: all deliverables should be prepared in both languages Arabic and English

جميع الحقوق محفوظة لموقع جوبس.

JOB REQUIREMENTS

• At least 10 years’ experience in Palestine legal environment, policy formulation and advocacy.
• Proven experience in conducting assessments and policy formulation in a participatory approach.
• Strong professional knowledge in economic sectors in Palestine, previous experience in the Stone and Marble sector is a plus.
• Experience in conducting impact assessment of laws and regulations.
• Experience in leading advocacy planning and negotiation.
• Good understanding of sustainable development issues
• Excellent communication skills (written and oral Arabic and English) are an essential requirement.
• Experience and understanding of Gender Equality and Social Inclusion analysis is a plus.

APPLICATION PROCESS
Candidates are encouraged to apply as soon as possible, or by Monday, 1st August 2022.

Candidates must submit the following to be considered to [email protected]

• A full CV
• A cover letter (two-page limit, A4) which explains their suitability for the role, and proposes a methodology and workplan to be followed during implementation.

For your application to be considered, please upload your documents as follows: Candidate Last Name, First Name, date, Title of the Position.

Cowater International is an equal opportunity employer, basing employment on merit and qualifications as they relate to professional experience and position expectations. Cowater does not discriminate against any employee or applicant on the basis of race, religion, sex, gender identity, disability, age, or any other basis protected by law.

We thank all applicants, however only those shortlisted will be contacted.

ABOUT US
With more than 35 years’ experience, Cowater International is Canada’s global leader in management consulting services specializing in international development and has managed the implementation of over 800 projects in more than 80 countries around the globe. We work with governments, partner organizations, communities and civil society to design and implement sustainable solutions that generate lasting social, financial, and environmental impacts. Our adaptive approach to management has led to our award-winning work and recognition as one of Canada’s Best Managed Companies in 2017, 2018, 2019, 2020 and 2021. Headquartered in Ottawa, Canada, Cowater International also has corporate offices in Montreal, Quebec; London, United Kingdom; Nairobi, Kenya; and Brussels, Belgium, in addition to project offices in a wide variety of other locations across Sub-Saharan Africa and Asia.

We thank you for your interest in building a better tomorrow with Cowater International