Terms of Reference Individual Consultant to support training in Hydro-Diplomacy 1. Introduction In 1999, Nile Basin riparian countries (Burundi, DR Congo, Egypt, Ethiopia, Kenya, Rwanda, The Sudan, Tanzania, and Uganda) established the Nile Basin Initiative (NBI), as a platform to facilitate dialogue on cooperative management and development of the Nile Basin water and related resources. The Nile Basin Initiative (NBI) is a partnership of the riparian states of the Nile comprising Burundi, Democratic Republic of Congo, Egypt, Ethiopia, Kenya, Rwanda, South Sudan, Sudan, Tanzania and Uganda. Eritrea is participating as an observer. The NBI seeks to develop the river Nile in a cooperative manner, share substantial socioeconomic benefits, and promote regional peace and security to achieve its Shared Vision of sustainable socio economic development through equitable utilization of, and benefit from, the common Nile Basin water resources. The NBI operates a regional secretariat in Entebbe, Uganda and two sub basin (SAPs) offices in Kigali, Rwanda and Addis Ababa, Ethiopia. The idea of cooperation between countries is needed to realize the vast potential of the river basin. However, several issues of contention have impeded the socio economic development of the river basin: the demand for water in the entire region is constantly increasing due to economic development and population growth; water resources are already being intensively utilised, and climate change and land use changes are also impacting on water availability. The Nile Basin is therefore classed as one of the most conflict prone river basins. Why Hydro Diplomacy Training Since the disagreement over the CFA in 2010, there is need to explore progressive, collaborative and sustainable solutions as a way out of deadlock. For the betterment of all Nile basin citizens, the Nile Basin countries need to explore innovative ways to move the cooperation agenda forward amidst the current disagreements; and Hydro diplomacy offers an opportunity. Hydro diplomacy focuses on exploring innovative solutions founded on a scientific basis and sensitive to societal constraints to a wide range of water problems. Key features of water diplomacy is a broad spectrum of stakeholders using water as an entry point for dialogue and peace negotiations, prevention of waterrelated conflicts as well as the resolution of disputes and conflicts when they occur. 2. Overall Objectives and Expected Outcomes Overall objective of the two day training is to increase participants understanding of the Nile cooperation process, its complexity, opportunities and challenges as well as their role in promoting Nile cooperation. In addition, the training will equip participants with techniques and skills that can help them engage with and support Nile cooperation discourse in their countries.
The course will aim to raise awareness on the current state of Nile cooperation, benefits achieved to date, challenges encountered and the need for suitable diplomatic solutions to motivate cooperation around the way the Nile water and related resources are managed. The training will combine introduction to transboundary water cooperation, including international and national water governance regimes, the potential for Transboundary water cooperation to contribute to national development and regional integration and demonstration of the benefits of Nile cooperation to member states. In addition, the training will provide knowledge resources, circumstantial experiences, and a set of tools to water relevant stakeholders to enhance their understanding of Nile basin, the Nile cooperation; benefits and challenges, legal and institutional frameworks so that participants can appropriately respond and support Nile cooperation discourse in the different for a and decision making processes they participate in. At the end of the course, participants will be able to recognise the potential and the benefits derived from collaborative transboundary water management between state and non state actors; analyse how diplomatic methods based on dialogue may be used towards mutually beneficial problem to solution processes; and how they can support the Nile cooperation discourse in their countries. Target group: This training will target officials selected from committees whose decisions directly or indirectly affect transboundary water cooperation. Selection of officials to undergo training will be based on their status and position (level of decision making within an institution) as well as their abilities to influence decisions impacting on Nile cooperation goals and NBI programs. 3. Scope of Work Review the preliminary outline of training topics listed in Annex 1 and further develop them. The improvements shall cover refining and further elaborating the list and also providing suggestions for new topics that need to be included. The refined annotated outline of the training syllabus shall be reviewed by NBI Secretariat and final approval shall be given before detail preparation starts. Develop a training overall plan that shows how the various topics agree upon as above shall be delivered on site using variety of methods, including power point presentation, participants role play and breakout discussions, plenary discussions, among others. The training plan shall make efficient use of the two days available for the training in each country where the training shall be conducted. Prepare and submit training materials. The materials shall cover all training topics and the training formats that shall be used to deliver the training. They shall cover, at minimum, power point presentation slides, training manual for breakout and/or role play exercises, and case studies. Compile and submit annotated excel database of reference materials. Specific fields of the searchable database shall be discussed at the beginning of the consultancy. Prepare and submit a training program for the two days Deliver the training in six (6) NBI member states in the NEL region. 4. Expected deliverables Inception report A report of the training capturing the key outcomes of the training and recommendations for future trainings Training materials covering power point presentation slides, case study documents, description and manuals for role play and group work and annotated excel database of reference materials.
5. Level of Effort and budget The level of effort for this assignment is 30 man days distributed over the contract period (see below). These man days cover travel, preparation and training days. The Client shall pay a professional fee of USD (to be inserted after contract negotiation with selected consultant). The consultant is required to undertake up to (2) international (to the Nile Basin) and up to (6) regional travels within the Nile Basin. The consultant needs prior approval of all travels before S/He undertakes the travel. All travel arrangements shall be made by NBI as per the prevailing NBI regulations. 6. Contract Duration The contract is expected to last from approximately 1st September to 31 December 2018. 30 person days; five days per country. The five days include travel, preparations for the training and delivering the training. 7. Implementation arrangements The consultant will report to the task leader Transboundary Water Governance Specialist (TWGS) at Nile SEC, who will formally guide the consultant on content and process of the assignment. TWGS will liaise with Member States and the consultant to schedule training dates, organize the training as well as source for national resource persons to contribute to the training. 8. Payment 10% of professional fee to be paid upon submission of the inception report; 40% after satisfactory completion of the training in 3 countries and 50% payment upon completion of training in the remaining 3 countries and submission of acceptable training reports for the countries. NBI will meet the costs for regional travel (tickets, terminals and subsistence allowance). 9. Consultant Profile The consultant should have advanced degree (at least MSc level, PhD preferable) in international water law, international relations (with special focus on transboundary waters) or closely related fields. At least 10 years experience in dealing with international water law Knowledge of Nile Basin water resources issues and the CFA process is an advantage; Experience in delivering hydro diplomacy trainings for diverse stakeholder groups He /she should have a good understanding of opportunities and challenges of transboundary water cooperation in general and in Nile basin in particular; including the Nile basin geo political context He /she should have experience in facilitating water resources negotiations Strong spoken and written English language skills; working level understanding of French language is an advantage.
Annex 1: Concept Note for the Hydro diplomacy training Introduction: While the entry point for NBI at national level is the Ministry of Water through the national NBI office, NBI related work cuts across Ministries including Finance and Planning, Foreign Affairs, Agriculture, Energy and Environment and as well Security in some countries. However, with the fragmented sectoral responsibilities, lack of coordination between the different actors, and inconsistencies between laws and regulatory frameworks at country level, the decisions impacting on Nile cooperation goals and NBI programs may be taken without due consideration of benefits and trade offs and with appropriate safeguards being put in place. In recent consultation with member states by NBI, it was pointed out that understanding of key basin development challenges, benefits of cooperation and risks of non cooperation at national level is still limited; resulting in different perceptions across countries and stakeholder groups which can feed mistrust and affect country level support to the Nile cooperation discourse. And hence, decisions made may not take due consideration of benefits of and trade offs of transboundary water cooperation, Nile basin development goals and NBI programs. There was a call from member states to broaden understanding and appreciation of the opportunities and challenges of trans boundary water cooperation and Nile cooperation in particular among national stakeholders beyond those in the water sector, whose positions and decisions directly or indirectly impact on Nile cooperation goals and NBI programs, so that appropriate safeguards are put in place when making key decisions. Already there exists decision making structures and committees at national level such as inter ministerial committees, parliamentary climate change forums and natural resources committees whose mandates, positions and decisions directly or indirectly impact on Nile cooperation goals and NBI programs; yet their understanding and appreciation of the opportunities and challenges of trans boundary water cooperation, benefits of cooperation and risks of non cooperation is limited. NBI will work with these structures and committees to bring transboundary water cooperation, Nile cooperation and NBI on their agenda; by introducing and orienting members of these committees to transboundary water cooperation, benefits of cooperation and risks of noncooperation, international water law and hydro diplomacy. A better understanding and appreciation of the opportunities and challenges of trans boundary water cooperation, benefits of and risks of non cooperation among national stakeholders will influence the decisions they make to take due consideration of benefits and trade offs of transboundary water cooperation, Nile cooperation goals and NBI programs and ensure appropriate safeguards are put in place. Such decisions will include institutional and policy framework development, Financing and resource allocation, country positions on transboundary water cooperation, water resources planning and infrastructure development, etc. Objective of the training The overall objective of the training is to introduce participants to the concepts of transboundary water cooperation (TWC); its institutional and legal frameworks at international, regional and national level, Nile cooperation and hydro diplomacy. The workshop will combine introduction to transboundary water cooperation, including international and national water governance regimes, the potential for TWC to contribute to national development and regional integration, demonstration of the benefits of Nile cooperation to member states. Target group: Officials selected from committees whose decisions directly or indirectly affect transboundary water cooperation. Selection of officials to undergo training will be based on their status and position (level of decision making within an institution) as well as their abilities to influence decisions impacting on Nile cooperation goals and NBI programs. Methodology
2 day meeting, with presentations, case studies, group work, role play Course Content Overview of Transboundary water cooperation (TWC); (presentation, plenary discussions, case studies) o Why TWC, o Benefits and risks of non cooperation in shared watercourses: o Case studies of successful and not so successful TWC; Overview of water governance regime and institutional frameworks (Presentation, group discussions and case studies) o International water law sovereignty, no significant harm, equitable utilization, prior notification o Regional law/protocols, CFA, SADC protocol, etc; RBOs, LBOs, cross border institutional frameworks, etc o National water law and national level institutions Overview of Nile basin (presentation, plenary discussions) o Countries, demographics, economic status etc o Hydrology river& tributaries, o geopolitics/hydro politics o What is at stake Nile cooperation (presentation, plenary discussions) o History of Nile cooperation o Nile Basin initiative and progress to date, o Benefits of Nile cooperation to each country under NBI o Challenges in implementation Hydro diplomacy (Presentation, group discussions and role plays) o What is hydro diplomacy; o Why hydro diplomacy o Key elements o Hydro diplomacy Participants role in advancing Nile cooperation Resource Persons Identify suitable in country experts, TAC members and NBI staff Consultant Hydro diplomacy;