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Consultant - Law vs. Practice Implementation Gap Research - Literature Review

Background/NRGI Summary:  The Natural Resource Governance Institute (NRGI) is a nonprofit policy institute and grant-making organization that promotes the responsible management of oil, gas and mineral resources for the benefit of all.  Improving natural resource governance is one of the most significant development challenges of the decade and will determine the future of 1 billion people globally who live in scarcity in the midst of resource abundance. Countries with non-renewable resource wealth face both a challenge and an opportunity—when used poorly or squandered, non-renewable resource wealth can cause economic instability, social conflict and lasting environmental impacts; used well, they can create prosperity for current and future generations. NRGI is a recognized leader in the field of natural resource governance, helping people to realize the benefits of their countries’ endowments of oil, gas and minerals in order to build a more stable and sustainable future. NRGI has a staff of over 100, supporting our global advocacy and regional programs in more than 20 countries. NRGI has registered offices in New York, Accra, Beirut, Dar es Salaam, Jakarta, Lima and London, and additional colleagues working in Azerbaijan, Bolivia, Cameroon, DRC, Guinea, Hungary, Mongolia, Myanmar, Nigeria, Uganda, and Tunisia.

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Project Overview/Summary:   

One of the key findings of the 2017 Resource Governance Index (RGI) is the gap in country performance between adoption and implementation with respect to transparency, accountability and oversight laws and policies in the extractive industries. NRGI now seeks to conduct further research into the dynamics that lead to a “implementation gap” in the extractives sector as between laws and policies that are adopted in a country and the implementation of such laws and policies.

NRGI currently seeks a consultant for a preliminary stage of research which will look to identify existing data sources and research on the implementation gap, including what can be learned from research on sectors other than extractives. This consultancy will consist of a literature review and desk-based research as detailed further below.

The consultant may then be asked to support a potential subsequent stage of the project, namely building on the literature review by developing and replying to a set of research questions on understanding the implementation gap and potential reasons for the same. NRGI may, at a later stage also look for consultant support on identifying ways to address the implementation gap in the form of actionable recommendations for governments, development practitioners, civil society and other stakeholders.

Major Responsibilities:

The consultant will prepare a literature review of research and data regarding why adopted laws and policies, particularly those related to transparency, accountability and oversight, are not implemented. The literature review should identify and integrate any research specific to the extractives and natural resource governance sectors, but should also draw on research around similar issues in other related or relevant fields (e.g., access to information, environmental protection, human rights). NRGI has prepared and will share with the consultant a preliminary list of relevant sources for review to be considered and supplemented by the consultant.

The literature review should look to identify in particular different research / thinking on issues and questions relevant to understanding the implementation gap, including:

  • Identification and measurement: What data exists on the law/policy vs. practice implementation gap or similar issues in research on the extractives sector or other related or relevant fields? What methodologies are used to identify and measure the implementation gap in this research?
  • Instances of manifestation: How / why does the implementation gap manifest itself differently in particular sectors, topic areas or regions / countries? Are certain sectors, topics or regions / regions less prone? Has research identified explanations for such divergences?
  • Reasons for implementation gap:
    • What factors influence the implementation gap (e.g., concentrations of power, incentives for implementation, lack of accountability between citizens and governments, asymmetries of information, etc.)?
    • What is the risk of external advocacy and technical assistance (e.g., on legal reform) contributing to or exacerbating the implementation gap? What approaches / responses are identified in the literature (i) to avoid / mitigate such a risk, and/or (ii) for advocacy and technical assistance to have a role in reducing the implementation gap?
    • What is the role of institutional capacity constraints and time lags in implementation (i.e. from passage of a law to developing regulations to systematic enforcement)?
    • What is said about cases where practice “exceeds” law (e.g. where disclosures and oversight seem to take place in the absence of explicit rules))? Does research and data support a heightened “backsliding” risk in such a context?
  • Avoiding and/or overcoming: What does existing literature say about how to avoid and/or overcome the implementation gap? How have researchers and organizations looked to measure the impact of programs on the implementation gap?

Schedule of deliverables:

The consultant / project team will produce the following deliverables through the various project phases:

  • Deliverable 1: Consultant produces initial bibliography for literature review
  • Deliverable 2: Consultant produces draft literature review
  • Deliverable 3: Consultant produces final literature review following feedback / discussion with NRGI on draft

Disbursement schedule:

The consultant / project team will be engaged from mid-November until 31 January 2019, with possibility of extension. Payments will be made in instalments upon submission of satisfactory deliverables as follows:

  • Initial bibliography - 50%
  • Final literature review – 50%

Key Working Relationships:

Consultant / project team reports to: NRGI’s Director of Legal and Economic Programs

Requested qualifications for the consultant, firm or organization:

  • Experienced researcher with demonstrated research and writing skills
  • Knowledge of rule of law issues, including associated advocacy and implementation challenges
  • Demonstrated knowledge of extractive sector governance and/or transparency and accountability rules and initiatives is strongly preferred
  • Demonstrated data analysis skills, including statistical/quantitative analysis, is strongly preferred
  • Attention to detail
  • Flexibility and responsiveness

Alignment with NRGI Culture and Mission:

All consultants and members of the project team uphold the following organization-wide culture and values:

  • Commitment to furthering NRGI’s mission and core values of integrity, intellectual rigor, respect for evidence, innovation, strategic selectivity, and independence.
  • Demonstrated ability to be a professional, productive member of a diverse community of people at work, working toward shared goals, with mutual respect and accountability in a fast-paced environment.
  • Personal qualities of capacity for learning, reflection and self-criticism, humility and sense of humor.

Expression of Interest:

The deadline for submission of Expression of Interest is 23 November 2018.

NRGI will consider an expression of interest from individual consultants, firms or organizations (including non-profits).

Please submit CV(s) and brief Expression of Interest including day rate and/or fixed fee for above deliverables.

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