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Terms of Reference 13.8.2018

Mineral Revenue Sharing: Enhancing Community Benefit from Mining August 2018

Consultancy to Consolidate a Proposed Mineral Revenue Sharing Mechanism

Research Project Manager: Eneya Maseko

Researcher(s):

Client(s): Oxfam in Zambia and Centre for Trade Policy and Development (CTPD)

Reviewers: Daniel Mule, Kathleen Brophy, Titus Gwemende, Dawn Anderson, Richard Hato-Kuevor, Viola Morgan, Isaac Mwaipopo, Brian Mwiinga and Natalie Kaunda

Sign-Off: Dailes Judge

Background

In the Zambian mineral revenue sharing context, the current system and administrative gaps undermine the government’s ability to collect adequate tax revenue from mining operations, and mineral rents are not directly allocated to support local development. Mineral revenue is managed at the national level and allocated according to the national government’s priorities, meaning that poor and marginalised groups, particularly women, are often excluded from involvement in discussions regarding these allocations. As at 2015, [1]54.4 percent of the Zambian population was living below the national poverty line (76.6 percent in rural areas and 23.4 percent in urban areas) while 40.8 percent of the population were extremely poor (60.8 percent in rural areas and 12.8 percent in urban areas respectively). Revenues derived from mining can be used to fund social programs that can lift people out of poverty and improve economic development.

The impetus for this project is based on the need for Zambia to develop strong mechanisms and strategies to reduce the negative impacts of extractive industry activities, and to facilitate the identification and re-distribution of resource rents to contribute to poverty reduction, local development and provision of essential services. Historically, Zambian legislation provided for the implementation of a mineral revenue sharing mechanism (MRSM).

This provision (Article 136 of the Mines and Minerals Development Act of 2008) was removed from the new mining law of 2015, largely due to lack of clarity on the fiscal architecture of such a mechanism. Oxfam will therefore continue to work with Centre for Trade Policy and Development (CTPD), Civil Society Organizations, networks and other stakeholders to spearhead the adoption and implementation of a MRSM, coupled with work to influence Government for the re-introduction of Article 136 (or an equivalent).  Since 2015, Oxfam in Zambia has supported the implementation of interventions to advance the development and adoption of an effective mineral revenue sharing mechanism by Zambian government through promoting changes to legislation, strengthening multi-stakeholder platforms, negotiating benefits from mineral resources and increasing community capacity to participate in mining governance. The MRSM has so far been socialized among policy makers and citizens while citizen’s capacities are being built through the established Natural Resource Watch Groups and other structures in Solwezi, Mufulira, Sinazongwe and Zambezi Districts.

More specifically, the following three lower level outcomes contribute to the goal of the project:

  1. mine affected communities, particularly women and other marginalised people in Sinazongwe, Solwezi, Mufulira and Zambezi Districts, have increased skills and knowledge to better hold government and companies accountable for revenue from mineral resources.
  2. mechanisms for benefit sharing from natural resources and multi-stakeholder dialogue and accountability are in place in new mining area of Zambezi.
  3. upon adopting proposed model for revenue sharing, a clear road map and commitment is put in place by the government on re-instatement of legislative framework to support mineral revenue sharing mechanism.

The present assignment is a result of the following:

A realization that political will has not translated into the implementation of a mechanisms for the distribution of revenue from mining in Zambia

Evidence generated through research and stakeholder consultation during 2015 and 2016 is no longer strong enough to support a proposed model for mineral revenue sharing that can be adopted and implemented by the Government.

Purpose for the Consultancy

The purpose for the assignment is to propose explicit, specific legal text that could be adopted by Parliament to create a mineral revenue sharing mechanism by:

  1. Strengthen existing evidence and analysis in support of a proposed mineral revenue sharing model.
  2. Update the existing proposed model for mineral revenue sharing on the basis of new evidence and analysis.

Specific Tasks for the Consultant

  1. Review the 2016 research report that informed the existing proposed model for mineral revenue sharing.
  2. Identify and address gaps in the existing evidence provided in the 2016 research report, particularly with regards to the following elements:
  3. Zambian Definition of Mineral Revenue Sharing.
  4. Legal and Policy provisions in Zambia that support the implementation of such a mechanism or the absence thereof.
  5. Identification of the most appropriate source of revenue for the proposed sharing mechanism and justify.
  6. Identify, review existing natural resource revenue sharing mechanisms in Zambia (such as obtaining in the wildlife sector) and highlight learning and opportunities for implementation of a mineral revenue sharing mechanism. Such learning should not only focus on explaining and analysing the existing sharing mechanisms in the wildlife sector but also: i) articulate clearly how the funds are shared ii) what the funds are spent on and who benefits and ii) how decisions about the funds are made. A case study approach may be used where appropriate, with interest in examples such as Burkina Faso, Ghana and the Dominican Republic.
  7. Improve the existing proposed model and guidelines for mineral revenue sharing.
  8. Present the revised guidelines and proposed model to the technical working group constituted to advise the mineral revenue sharing project and consider proposed changes to the outputs.
  9. Propose legal text and the most appropriate legal framework and administrative system, institution(s) to support implementation of a mineral revenue sharing mechanism and justify the proposal.
  10. Propose a coordination mechanism among the identified key ministries and players
  11. Identify potential legal and other barriers and enablers to the successful implementation of a mineral revenue sharing mechanism.

Key Research Questions

The proposed revenue sharing mechanism should use existing evidence to justify a proposal, which should address the following questions:

  1. What revenues will be shared?  (Justify and provide evidence)
  2. What proportion will be shared?  (Justify and provide evidence)
  3. With whom will it be shared?  (Justify and provide evidence)
  4. How will the proposal address questions of equity, including gender equity and equity between mining and non-mining areas and competition between regions?
  5. Who will manage the revenues? (Justify and provide evidence)
  6. How will local governments manage challenges of absorptive and administrative capacity?
  7. What revenues do local governments currently collect directly or receive from the central government?
  8. How will local governments manage risks of corruption and rent seeking?
  9. How best can local governments implement transparent and participatory systems for allocation and utilisation of revenues to meet local development needs, priorities and challenges brought about by mining?

Deliverables

  1. Proposed Revised Revenue Sharing Model (Supported by proposed, specific and explicit legal text for mineral revenue sharing).
  2. Proposed Revised Guidelines and Implementation Modalities
  3. Final Draft Report of not more than 15 pages excluding annexes (following relevant review and adoption processes).

Timeframe

The assignment will require a level of effort not exceeding 30 working days.

Products and Timeframe

  OUTPUTS Date
1. 1st draft proposed model & guidelines 10th October 2018
2. 1st draft report 10th October 2018
3. Final draft proposed model & guidelines 7th November 2018
4. Final draft report 7th November 2018

Ethical Concerns and Risks

Where applicable, interviews will be conducted with identified stakeholders. Informed consent will be obtained from all interviewees through signed, written consent forms, which will include information on the purpose of the research, the expected duration of the interviewee’s participation, as well as the researchers’ contact information. Interviews will be conducted in safe spaces where the participant feels at ease to freely express themselves. The consultant must possess the necessary expertise and knowledge of cultural practices to conduct the assignment effectively and sensitively. The consultant will be required to undergo orientation in child safeguarding, after which he/she will sign a code of conduct pertaining to the adherence to prescribed requirements and expectations.

Expectations

  1. Consultant will write according to agreed outline.
  2. Work must undergo a review process that includes internal Oxfam and CTPD review, the technical working group and independent external review.
  3. Consultant is expected to make deadlines outlined, unless the consultant negotiates alternative deadlines, in which case appropriate revisions will be made to express the new deadlines.

Qualifications and experience of the Consultants

The consultant must:

  1. Demonstrate evidence of research and policy analysis skills and competencies
  2. Show evidence of previous experience in related tasks and expertise in designing data collection forms, data collection and data analysis.
  3. Demonstrate understanding of the extractives industry in Zambia.

The minimum required qualifications and experience of the prospective Consultant:

  1. At least Masters Degree in Economics, Development Studies or relevant social science field(s). Degree in Law is desirable, consultant should be comfortable with drafting legislation.
  2. More than 5 years research and consultancy experience.
  3. Experience in research, statistics, planning, monitoring and evaluating community-based initiatives.
  4. Consultant should have a robust knowledge of local government financing and public finance.

Submission of Expression of Interest

Interested consultants should submit the following:

  • Technical proposal outlining expression of interest and key expertise. The proposal should also clearly describe the approach, method, analysis methods and tools, including work plan and stakeholders to be consulted, if any.
  • Financial proposal with breakdowns of fees and costing for each of the proposed activities.

Expressions of interest bearing the title: ‘’Mineral Revenue Sharing Proposal”, should be sent to: [email protected] and copied to [email protected] and [email protected]

OR

The Human Resources Manager
ATT: Programme Manager – Governance
OXFAM
250 Zambezi Road
P.O. Box 35624
Roma Township
Lusaka

*Deadline for Submission of Expressions of Interest is 27th August 2018

[1] 2015 Living Conditions Monitoring Survey. Central Statistical Office-Zambia.

To apply for this job email your details to [email protected]