Terms of Reference POST TITLE: LOCATION: DURATION: Trade Negotiations and Emerging Trade Issues GENEVA 21 months START DATE: 1 JULY 2018 RESPONSIBLE TO: Head of Section, International Trade Policy, Trade Supporting Commonwealth Small States (CSS) in Geneva to effectively and meaningfully participate in the Multilateral trade negotiations Background: The 2009 CHOGM mandate provided for support to Commonwealth Countries participation in multilateral trade negotiations, to ensure full and more beneficial participation in global trade, thereby making a fundamental contribution to prosperity, sustainable development and the elimination of poverty. However, most of the smallest Commonwealth developing countries lack the capacity needed to manage their effective participation in the World Trade Organisation (WTO) system to the extent that some are unable even to establish and maintain a resident diplomatic presence in Geneva where WTO and other UN agencies are located. In 2011, a Commonwealth Small States Office was established in Geneva, targeted to strengthen the support to Commonwealth small states members and has been providing such support to member states over the past 4 ½ yrs. Following the evaluation (June 2015) of the Secretariat s assistance to small states in Geneva, on Multilateral Trade Issues, several recommendations have been made. Notably was the proposal that this project be continued and its scope expanded. It went further to state that Commonwealth Small States have expressed appreciation of this initiative and have noted there are no other funded programmes which support Small States through the provision of technical assistance in a disaggregated manner, that address the specific needs of Member States on multilateral trade issues. The WTO Doha Development Round of multilateral trade negotiations is still ongoing and the number of issues being addressed are still highly technical, requiring deep analysis. Small states will require guidance and be provided with strategic options on these issues as the negotiations progress. Project Summary: The primary objective of this project is to enhance and increase the effective and meaningful participation of Commonwealth Small States (CSS) in international trade and facilitate their fuller integration and beneficial participation in the multilateral trading system so that they benefit from trade-related sustainable economic growth and development and poverty reduction. For CSS, the multilateral trading system remains the best hope, particularly in terms of creating a more level playing field and platform for articulating and advancing their trade and development related interests. Thus, it is important for them to meaningfully and effectively participate in trade negotiations and trade facilitation under the auspices of the 1
WTO. However, there are constrained by a severe lack of technical skills and negotiating capacity to follow all relevant development, better appreciated and potential implications of trade agreement such as the TFA and implement them effectively. Specifically, therefore, the project will make a significant contribution in assisting CSS to better monitor, interpret rules, implement and evaluate ongoing developments and proposals pertaining to the multilateral trade rules that can affect their national interest, including in new trade areas such as investment, labour relations, intellectual property, anti-dumping and countervailing measures, trade and climate change and competition policy. This project is expected to contribute towards enabling enhanced economic growth and development of CSS, most of which fall under the category of Small and Vulnerable Economies (SVE), and will therefore also contribute to achieving their SDG goals. The Commonwealth Heads of Government Meeting (CHOGM) Communique issued in Malta 2015 recognised the need for capacity-building that promotes inclusive and effective participation in the international trading system, recognising the special requirements of least developed countries and small and vulnerable economies. The project will focus on support to trade negotiations and emerging trade issues, which will be funded by the UK Government and implemented by the Commonwealth Secretariat. Scope of Work: The Scope of work for the Trade Adviser will range from identifying issues of interest and concerns to small states, research and analysis, preparation of terms of reference, sharing and disseminating the analytical output, preparing reports and news-briefs, working with Small States to enhance the content and preparations of their concerns and interest in the Multilateral trade negotiations. Stronger engagement with the Commonwealth Secretariat is also required. This will promote fuller and more effective participation of small states in the WTO processes and negotiations. The outputs and supporting activities of the assignment will include: (1) Commonwealth Small States members informed of relevant developments in the multilateral trading system. Upcoming and key issues (of potential concerns to Small States) in the negotiations identified and shared with member states; Appropriate briefs and reports benefiting small states, prepared and disseminated, following participation in meetings, workshops and briefings in Geneva on issues of relevance to small states; Regular and targeted updates and news-briefs prepared. This is intended to keep Small States abreast of key relevant developments in the WTO and other multilateral trade fora, including highlighting specific concerns were it deems appropriate; Minimum demands that must be met by Small States, to secure development-friendly trade agreements, identified and shared; Providing technical assistance and specific recommendations such as support to strengthen trade policy reform measures; 2
Scoping of specific needs-based training requirements and facilitation of such (2) Undertake analysis on WTO issues. As deemed necessary and requested, TORs focusing on the issues mentioned are prepared and submitted to the respective stakeholders. Submissions are to ensure that member states concerns are adequately highlighted in preparation of the negotiations sessions and in implementing trade facilitation measures; Provide a range of on-demand technical papers, policy briefs and training sessions on emerging WTO issues of common interest to CSS, prepared by high-level trade experts contracted by the Commonwealth Secretariat; Scoping of specific needs-based training requirements and facilitation of such (3) Strengthened collaboration between Commonwealth Small States Group and other country groupings. Collaboration of CSS with other WTO members and groups, with a view to building synergies, facilitated; Partnership between the Commonwealth and other organizations (e.g. WTO, UNCTAD, ITC et al.) based in Geneva, strengthened; Scoping of specific needs-based training requirements and facilitation of such (4) Strengthen collaboration between the Secretariat and the Geneva Office. Report to and liaise with the Commonwealth Secretariat in sharing and disseminating research outputs to inform and strengthen the negotiating positions of the small States at WTO and other multilateral trade institutions; Commonwealth meetings and other activities in Geneva on trade and trade-related issues facilitated; Scoping of specific needs-based training requirements and facilitation of such Expected Outcomes and performance indicators: (1) Effective policy mechanisms for integration and participation in the global trading system. Feedback from delegations to show the usefulness of the advisory services and expertise provided; Proportion of CSS delegations reporting an increase in technical and negotiating capacity; Number of negotiating proposals resulting from the advisory and expertise provided; Number of decisions made in favour of Small States; Member states that effectively formulate trade policy and negotiate and implement international trade agreements as well as carry out trade policy reforms. (2) Strengthened capacity of Commonwealth countries thus enabling enhanced economic growth and development. 3
The number of analytical, technical and legal papers and knowledge products produced by CSS; The number of country trade briefs produced for use by CSS; Number the individual country consultation meetings between Trade Adviser and CSS; Number of workshops to generate information for use by country delegations to address challenges to trade facilitation; Number of workshops to generate information for use by country delegations to defend and advance their interests; Outcome documents on multilateral trade and other trade-related issues reflective (3) Commonwealth Small States members informed of relevant developments in the Multilateral trading systems. Number of news briefs that generate information for use by country delegations to strengthen their positions in WTO Geneva process; Number of meetings held between Trade Adviser and CSS delegations; Number of negotiation briefs that inform delegations on the unfolding negotiations and generate information for use by country delegations to strengthen their positions in WTO Geneva process; Number of workshops to generate information to be used by country delegations to take stock of development on decisions made at the WTO Ministerial Conferences; Number of workshops to generate information for use by country delegations to address challenges to trade facilitation; Number of workshops to prepare countries for the WTO ministerial Meetings; Outcome documents on multilateral trade and other trade-related issues reflective (4) Terms of reference for undertaking analysis on WTO issues, prepared and submitted. Number of terms of reference for analytical work on a number of issues of interest to CSS to enhance their understanding of the issues and participation in WTO discussions and negotiations; Number of terms of reference for analytical work on a number of issues of interest to CSS to enhance their understanding of the issues of trade facilitation; Number of reviews of analytical work produced by outside consultants; Number of meetings held between Trade Adviser and CSS experts. (5) Strengthening the collaboration between CSS and other countries and country groups. Number of briefs on meeting were CSS participate such as ACP, Africa Group, LDCs, G33 and G90 group meeting; Number of organized meetings between CSS delegations and developed country delegation for sharing experiences on trade-related issues; 4
Number of participation in meetings and workshops organized by other Geneva-based international organization and advisory institutions such as UNCTAD and ITC and, represent the interest of CSS; Number of organized meetings and workshops in collaboration with other Genevabased international organization and advisory institutions such as UNCTAD and ITC and represent the interest of CSS; Outcome documents on multilateral trade and other trade-related issues reflective (6) Strengthening the collaboration between Commonwealth Secretariat and the Geneva Office Number of Commonwealth Secretariat activities facilitated in Geneva; Number of collaboration workshops and training activities; Number of collaboration analytical papers. Required Experience and Qualification Postgraduate degree in International Trade or related degree or qualification. Must have at least 5-15 years post qualification experience in Multilateral Trade, WTO processes including negotiation, Bilateral Trade with significant Trade policy experience. Demonstrated experience of working at the highest level of government, providing advice to ministers and senior officials on WTO and other trade related matters, including negotiation approaches. Demonstrated leadership and management experience working with financial and trade management. Experience in human capacity development by way of mentoring, and, providing technical direction and guidance to professional and inexperienced staff is essential. Experience of working in small country state jurisdictions with ability to manage diverse teams and partner relationships. Respect for diversity and ability to adapt to different cultural settings. 5