Afghanistan: Consultant, Cordaid Advocacy program on Mining in Afghanistan

Scoping Study for the preparation of inception workshop for the

Cordaid Advocacy program on Mining in Afghanistan (2016-2010)

Context Mining Afghanistan

Afghanistan suffers from protracted war and conflict for four decades. This has damaged not only its

infrastructure and economy but also smashed its social structures. Despite massive international

assistance in the last decade and a half, still political and economic instability is mounting. More than

35% of the Afghan population lives below the poverty line, and especially women do not have access

to quality healthcare, justice and the political system. Decisions are made in a non-participatory and discriminatory way. Law enforcement is feeble and local power brokers such as warlords still rule over local communities. Insecurity is on the rise and corruption has infiltrated deep into the public sector. Violence against women, child labor, discrimination, unemployment, economic hardship and exclusion are key challenges the Afghan society struggles with. Governance and the resolution of natural resources-related conflicts in rural Afghanistan are characterized by a mixture of statutory, customary, informal and religious tenure. The tension between formal and informal justice systems leads to conflict through overlapping and conflicting claims to the natural resources.

Oil, Gas, Metals, Minerals and Stones in Afghanistan – extraordinary potential

Afghanistan has an abundance of natural resources, such as oil, gas, metals and minerals and precious stones:

Gold, platinum, silver, copper, iron, chromite, tantalum, lithium, uranium, aluminium and coal have serious potential for exploitation. Also precious stones, such as white, orange, green onyx, afghanite, emeralds, rubies, tourmaline, aquamarine, amethyst, sapphires, turquoise, lapis lazuli should be added to the list as well. Overall, the value of the country’s underground resources has been roughly estimated at as much as $1 trillion-$3 trillion, but their true extent is unknown because they remain largely unexplored[1],[2]

Extractives and Conflict in Afghanistan

In Afghanistan itself, natural resources[3] have a history of financing and fuelling conflict. Minerals, precious gemstones, land, and timber were a critical source of war financing during the Soviet occupation, and in the ensuing years of civil war and Taliban rule. Today, many mines in the country continue to be exploited by criminal smuggling syndicates and insurgency networks.

The extractives industry often require extensive amounts of water and land, hence is conflicting with agricultural activities and pastoralism. The waste water from mining and oil drilling is highly polluting, and requires extremely careful and long term management. Climate change aggravates the pressure on land and water. Disputes over management of natural resources often serve to exacerbate existing ethnic, sectarian, political and regional divisions. Governance and the resolution of natural resources-related conflicts in rural Afghanistan are characterized by a mixture of statutory, customary, informal and religious tenure. The tension between formal and informal justice systems leads to conflict through overlapping and conflicting claims to the natural resources. When managed as part of a conflict transformation strategy however, natural resources can be utilized and its benefits shared to generate sustainable livelihoods that help guarantee peace and development.

Transition process in Afghanistan

Afghanistan and OECD donors concluded in 2011 the ´New Deal for Engagement in Fragile States´. The Kabul process ‘domesticated’ the New Deal in the Tokyo Declaration at Tokyo conference, July 2012. The Tokyo Declaration defined the Partnership for Self-Reliance in Afghanistan, from Transition to Transformation. The Tokyo Framework sets out a new reinvigorated development partnership between the Afghan Government and the International Community.

The Conference recognized the importance of the extractives sector as a primary driver of sustainable, inclusive economic growth and job creation in Afghanistan. The search is on for a way to boost national revenues and move Afghanistan away from aid dependency in the future. The Tokyo Mutual Accountability Framework agreed at the Conference includes a crucial commitment to develop a plan for how the country’s mineral wealth will be well-managed, something Civil Society groups have been calling for.

Background of the Scoping Study

The Strategic Partnership “Restoring the Social Contract” covers six countries: Democratic Republic of Congo, Central African Republic, Burundi, South Sudan, Nigeria, and Afghanistan. The Partnership is based on a contract of 5 years, starting at January 2016.

The partnership is uniquely focused on Lobby and Advocacy activities. Within the partnership Cordaid collaborates with local Civil Society Organizations, representatives of local communities, national and international resource persons and knowledge institutes, with the Dutch Embassies in the indicated countries as well as the Dutch ministry of foreign affairs.

The objective within the Extractives trajectories is to create structural pathways for meaningful citizen’s participation in the management of the oil, gas and/or mining sector, in view of sustainable development objectives at local and national level.

In Afghanistan the program is designed around 4 trajectories[4]:

1. Health system reform > Accountable and responsive services

2. Reform of and access to formal and informal justice systems > Access to justice for all

3. Inclusive, engendered peace and security

4. Monitoring the extractives industry with focus on Citizen’s participation in oil, gas and mining exploitation for sustainable development.

Cordaid has more than 10 years’ experience in the programming on Extractives worldwide. The focus is on the empowerment of local communities in areas with Oil or Gas exploitation, or in Mining areas, whether artisanal of industrial, as well as Civil Society at national level to participate meaningfully in extractives management for development. In Afghanistan Cordaid has a long history, with programs on health, food security, gender/ women’s leadership and security and justice. Cordaid has no history on the issue of Extractives in Afghanistan

General orientation of the future Cordaid SP advocacy trajectory on Mining in Afghanistan:

Cordaid aims to support local communities and civil society in mining areas with either artisanal / small scale mining (ASM) or industrial mining, to share their vision on sustainable development for their region and to express their needs and aspirations, grievances and fears in view of government policies and companies’ policies and practices with regards to ASM and (potential) mining projects in their area.

By collaborating with, capacitating and facilitating community representatives and civil society organisations, with special attention for women & gender, Cordaid will engage in a 5 years advocacy trajectory to create a better enabling environment for communities to capitalize on mining for development.

In the context in Afghanistan, taking into account the Cordaid profile, position and potential added value, based upon community / civil society consultation, a focussed advocacy trajectory will be elaborated that prioritises the needs and aspirations of local communities, in order to create an enabling environment, so that communities can either express their reservations towards mining projects in their environment, or aspire to a positive contribution of small scale / artisanal (ASM) or industrial mining projects to peace, stability and sustainable development at the local level.

At this point, the following choices need to be made in order to shape the advocacy trajectory:

• Will Cordaid focus on ASM or industrial mining; or a combination?

• What is the thematic focus, or entry point, for the advocacy program?

• In what geographic areas, and with which communities will Cordaid work?

• Which CSOs are potential partners in the Cordaid program?

• What is the niche and added value of Cordaid in the field of artisanal / small scale and/or industrial mining in Afghanistan?

• With which like minded programs and actors can Cordaid collaborate in complementary roles in order to be safe and effective in our advocacy?

  These questions need to be answered in order to be able to engage in a meaningful and focussed exercise for the planning of a concrete advocacy trajectory.

Objectives of the Scoping Study

Overall objective:

The scoping study aims to identify potential and feasible entry points for a common local community/civil society/ Cordaid SP advocacy program in the area of extractives.

Specific objectives:

The nature of the problem

1. Identify the predominant fields of (negative) impact of artisanal / small scale mining (ASM) on the one hand, and industrial mining on the other on the local communities in Afghanistan[5]. Identify the potential of ASM and industrial mining to contribute to local development.

2. Provide a preliminary gender sensitive conflict and opportunities analysis, to explain the context, conditions, processes that lead to the negative impact of the oil, gas or mining projects, or artisanal mining; or that potentially could contribute local development.

   Potential advocacy domains and trajectories

3. Conduct a preliminary Stakeholder mapping to understand power relations and identify potential entry points to promote position of communities to engage and influence decision – making processes, both at the level of the identified communities as well as at the level of national and international policy making fora.

   Range of stakeholders:

4. Governmental institutions, local – national.

5. Civil Society organisations

6. Private sector

7. Informal power holders (ex. war lords + traditional leaders)

8. International community (decision making / facilitating agencies + funding agencies)

9. Identify the most relevant legal provisions and policies in place (by authorities at different levels), related to stated interests of the local communities.

10. Identify desired and feasible legal and policy changes from the perspective of the community needs and aspirations, which could provide entry points for the Cordaid SP advocacy trajectory. Identify the most relevant fora and events for Cordaid to position itself (local, national, international).

Positioning

1. Define the potential niche of Cordaid Strategic Partnership Extractives trajectory, in relation to diverse ongoing or upcoming programs and to national and international actors in the field of Extractives and Development.

2. Define the potential added value of Cordaid, based on the profile, capacities, positioning and networks of Cordaid in Afghanistan and in international fora.

   Strategic choices

3. Advice Cordaid on the choice to focus on ASM or on industrial mining, or on both. Specify the criteria for the choice to make.

4. Advice Cordaid on potential communities, host of ASM and /or industrial mining, to work with. Specify the level and nature of ASM or the companies operating in these communities. Specify considerations and criteria (Example: nature of impact; feasibility and Cordaid access to the communities; security issues; potential interference with or capitalizing upon other Cordaid programs, as well as the position of Cordaid).

5. Advice Cordaid on potential local / national CSOs to work with in the Cordaid SP, specify the criteria for selection.

6. Advice Cordaid on potential international actors / donors for collaboration in joined or complementary roles.

Follow up (not part of this scoping study):

A participatory process to identify the vision of change (2050); pathway of change; objectives and indicators (2020); activities for 2017 (inception workshop light on extractives).

Methodology

Although the consultant will come with her / his own methodology and tools in to achieve the study objectives, Cordaid would like to see that following aspects incorporated in the methodology:

• Desk review of available studies

• Interviews with Cordaid personnel in Afghan CO and in The Hague HQ

• Interviews with resource persons from

• civil society (local, national)

• community representatives

• key persons from international diplomatic and donor community;

• potentially key persons from governmental institutions;

• potentially key persons in the private sector.

• Reporting to Cordaid CO and HQ.

Main users of the report

This internal policy document will be used by the Cordaid Country Office Afghanistan, Cordaid Head Office, L&A SP Implementing partners, in order to be able to organize the inception workshop for the SP Extractives trajectory, and to design an Advocacy trajectory that is integrated in the overall Afghanistan country strategy.

Deliverables

Final Report maximum 30 pages excluding annexes submitted 10 days after the end of assignment. This shall include

• Executive summary

• Evaluation methodology

• Major fields of (negative) impact of ASM and of industrial mining on communities

• Potential for ASM and industrial mining forcontributing tolocal development

• Gender sensitive conflict and opportunities analysis in the field of extractives

• Stakeholder mapping and power analysis

• Relevant legal provisions and policy domains, gaps from local community perspective

• Potential entry points, plus desired changes in law or policies, for the Cordaid SP advocacy trajectory on ASM and/or industrial mining.

• Relevant fora and events for Cordaid to position itself.

• Niche of Cordaid in the field of Advocacy on ASM and/ or Industrial Mining

• Appreciation of the added value of Cordaid in the field of development cooperation on ASM / Industrial mining impact on communities.

• Advice to Cordaid to focus either on ASM, or Industrial Mining, or both.

• Advice on the communities to work with (including mentioning the identified operating companies in these communities or the nature of organisation of ASM).

• Advice on the CSOs to work with

• Advice on international actors / donors to collaborate with. Areas for collaboration and complementarity.

Consultants’ profile

The external researcher for practical reasons may associate with national counterpart(s). However, the external consultant will be responsible for conducting all aspects of the evaluation and delivering the stated results. The consultant should have at least the following experience and skills:

• Qualifications and skills (M= minimum, D= Desirable)

1

M

Master Degree in social sciences and related relevant field for this assignment

2

D

Excellent written and spoken English Skills. Proficiency in Dari and / or Pasto an asset.

3

D

Strong analytical skills

4

M

Sound and tested experience in doing similar work in the extractives sector

5

M

Has good knowledge and understanding of extractive sector in Afghanistan

• General professional experience

6

M

Previous experience in design and conducting of research in the extractives sector, involving multi-stakeholder processes.

7

D

Working experience with donors and institutions

• Specific professional experience

8

M

At least 5 years of working experience in the field of study.

9

D

Preferably familiar with post-conflict, rehabilitation and developing countries

10

D

Experience of current or previous working in Afghanistan

Ownership of the report

Cordaid shall have full ownership of the research study report, working papers and other results of the consultant’s work under this assignment. The consultant shall not publish nor use any portion of the report without the written authorization of Cordaid. The consultant shall waive any copyright to the work produced as a result of the contract.

Time schedule, reporting and dissemination

Unless advised otherwise by the consultant, the evaluation will take a maximum of 30 days, preferably starting on 15^th August 2016.

Application procedures

Interested consultants are invited to apply with an offer which includes the following:

• CV of the consultant, showing relevant experience and background for the assignment;

• An indicative work plan with proposed dates;

• A description of the methodology to be applied;

• Financial offer could either in total fee or as detailed by the applicant.

• There will be a process of negotiation with potential candidates. The full documentation, excluding CVs, is not to exceed three pages.

  The assignment is subject to a tender procedure according to Cordaid standards. Cordaid reserves the right not to accept any of the tenders submitted. In addition, Cordaid reserves the right to take references on the proposed candidate.

  Submission

  The tender, including all required information, is to be submitted to Cordaid Kabul HR at the following e-mail addresses: mrs Dicky de Morree dmo@cordaid.org

  The final date and time for submission of offers is 8 August 2016, 4:00 pm.

  For further information, contact the following persons:

  Dr. Sayed Shamsulislam

  Email**:** ssh@cordaid.org

  Eltayeb Omer Eltayeb

  Email: eom@cordaid.org

  Assessment criteria

  Candidates will be evaluated based on the following criteria

• The quality of the methodological approach (50%)

• The qualifications and previous experience of the evaluator (20%)

• The cost (20%)

• Time to complete the assignment (10%)

[1] USIP (January 2015), “Afghanistan’s Emerging Mining Oligarchy”, Special Report by Javed Noorani.

[2] RWI (2013), Resource Governance Index, Afghanistan.

[3] Natural resources refer to oil, gas, metals and minerals, as well as land, water and timber for example.

[4] Program Document Cordaid Partnership ‘Dialogue and Dissent’, “Capacitating Change: Empowering People in Fragile Contexts”.

[5] For example in a. Peace/Conflict/Instability b. Social/Economic/Culture; c. Environment/Health/Safety; d. Human Rights violations / Security issues directly related to the companies; e. Community development through direct or indirect investments / service delivery – corruption; f. Labour practices in the Extractives Sector.

The tender, including all required information, is to be submitted to Cordaid Kabul HR at the following e-mail addresses: mrs Dicky de Morree dmo@cordaid.org

The final date and time for submission of offers is 8 August 2016, 4:00 pm.