Closing Date : 2019-12-14 Duty Station : Monrovia, Liberia See all 18 jobs in Monrovia, Liberia Application : Apply for the job

Mining Industry and Contracting Expert

Legal Professional Development and Anti-Corruption Program (LPAC), Liberia

Project Summary:
The USAID Legal Professional Development and Anti-Corruption Program (LPAC) is five-year project implemented by Checchi and Company Consulting and consists of two components. The first component directs capacity building to the four key Liberian justice sector institutions that educate, regulate and inform legal professionals. The second component (Component B), under a sub-contract with MSI, supports the Liberian Anti-Corruption Commission (LACC) and associated Government of Liberia entities in their efforts to investigate and prosecute corruption cases, supports enhancing organizational structures and systems of the LACC, promoting education, outreach and prevention activities, and assists the LACC in its anti-corruption leadership and coordination roles.

Position Summary:
MSI seeks an international consultant to assess vulnerabilities to corruption in licensing and contracting policies and practices in the mining industry and to develop recommendations for reducing corruption vulnerabilities and increasing transparency and accountability in the Liberian Governments decision-making process of awarding and licenses and contracts.

The natural resources industry is a substantial part of Liberias economy. Mining, which includes large and small-scale extraction of gold, diamond and iron ore, remains the main source of revenue generation in Liberia. However, the processes leading to the award and approval of mining licenses, contracts and mineral development agreements, are often marred by corrupt practices through corporate lobbying between senior public officials and industrial executives to weaken fair competition and government policies. The system is also characterized by bureaucratic and complicated procedures and the abuse of discretionary power which creates opportunities for corruption to occur.

Moreover, regulators of the award process often take advantage of their positions and weak systems of governance to grant the countrys mineral wealth to unqualified companies and individuals for personal gains. There are also incidents of bribery, collusion, facilitation payments and conflicts of interest across the entire decision-making chain that undermine the enforcement of laws governing the sector. As a result, the legal and regulatory frameworks that should be central to natural resource management are compromised to favor companies willing to pay lavish amounts in kickbacks. This has not only affected the award process, but the overall governance of the mining system, thereby creating opportunities for corruption throughout the process. As a result, most of the concessions awarded failed to yield sufficient revenue to fund governments programs.

Licensing and contracting in the mining sector requires reform in governance starting from negotiation and award to the execution of contracts. Reforms should ensure that the process is streamlined and simplified, opportunities for abuse of discretionary power are limited, high levels of political interference and lobbying pressure during negotiation minimized, and regulators are held accountable for their decisions and abuses.

The consultant will identify vulnerabilities to corruption and abuse in the legal and regulatory frameworks, rules, and guidelines regulating the mining award and approval processes and practices. The consultant will also determine weaknesses and challenges in the core functions and responsibilities of the main regulatory bodies (the Inter-Ministerial Concession Committee (IMCC), National Investment Commission, Ministry of Lands, Mines and Energy, and the National Legislature) that provide opportunities for corruption. Finally, the consultant will develop recommendations to strengthen transparency and accountability and limit opportunities for corruption in the mining award process based on international best practices within the Liberian country context. The recommendations should also include guidance for the award decision-making processes that ensures transparency in revenue generation.

Responsibilities:

Identify vulnerabilities to corruption in legislation, policies and practices in the award and approval of mining licenses, contracts and mineral development agreements. Evaluate the core functions and responsibilities of concession regulatory bodies and identify key weaknesses and challenges that facilitate corruption.

Develop recommendations for improving Liberian legislation and practices to prevent and reduce corruption and to bring Liberia in line with international best practices.

Discuss finding and recommendations with key stakeholders in the mining sector and gather their perspectives on the issues.

Conduct two workshop sessions for mining stakeholders involving government officials, private sector, and civil society organizations on international best practices in awarding licenses and contracts in mining industry, contract oversight, and transparency in revenue generation and allocation.

Draft and finalize report describing findings on vulnerabilities to corruption in the processes of awarding licenses and contracts in mining industry in Liberia and providing recommendations for improving legal and regulatory framework and practices to prevent and reduce corruption and to bring Liberia in line with international best practices.

Conduct two workshop sessions for mining stakeholders involving government officials, private sector, and civil society organizations on international best practices in awarding licenses and contracts in mining industry, contract oversight, and transparency in revenue generation and allocation.

Qualifications:

At least 10 years of experience in the mining industry governance and management.

Knowledge of international best practices in mining industry management.

Experience of drafting policies or legislation on mining sector governance and management.

Graduate level degree in mining or natural resource governance preferred.

Experience working in Africa preferred.

Experience working with USAID or another donor program is preferred

Fluent English language skills with strong oral and written communication skills are required.

The deadline to submit applications is December 1, 2019.

Only candidates who have been selected for an interview will be contacted. No phone calls, please.

MSI is an EEO/AA/ADA Veterans Employer.

PI115398354

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