Legal Expert, Assessment of the State of the Mining Sector in Honduras
Social Impact
- Honduras
- Permanente
- Tiempo completo
The USAID/Honduras Monitoring and Evaluation Support for Collaboration, Learning, and Adapting (MESCLA 2.0) Activity is a five-year project aimed at supporting and strengthening the monitoring and evaluation of USAID development assistance in Honduras. The MESCLA 2.0 project will provide USAID/Honduras with project and activity evaluation, performance monitoring, learning, assistance in strategy development, activity design, and performance management support services in order to implement the Mission's new Country Development Cooperation Strategy (CDCS).USAID is interested in assessing the current state and trend of the metal mining industry in Honduras from a social, economic, and environmental perspective. USAID also wants to better understand the efforts of the government to balance economic growth with sustainable practices and how these are likely to shape the development of the mining sector in the country. Finally, there is an interest in identifying new opportunities to better position this sector as a contributor to socially and environmentally responsible growth in Honduras.MESCLA 2.0 intends to conduct the “Assessment of the State of Mining in Honduras,” which will assess the multidimensional landscape of current metal mining in Honduras, taking into account the country's socio-economic, environmental and political context, and provide information on what is expected to happen to the sector in the near future and potential development opportunities. The study should relate to the findings of existing research and should draw on methodologies, including literature review and interviews with stakeholders, to ensure a holistic view of the sector dynamics.The comprehensive analysis of the mining landscape will report on and analyze the following dimensions related to mining in Honduras:1) Historical perspective: Describe the recent historical trends (1980 – 2023), economic impacts, and social dynamics shaping the mining industry in Honduras. A list and a description of the main stakeholders in the sector should be provided, including their interests and views on the sector.2) Mining production dynamics: Examine current trends in the production of gold, silver, lead, zinc, and all other major metals produced in Honduras, including both production for export and for domestic use. Include a list of major exporters, mines currently in production, and potential mining sites. Special attention should be given to municipalities where USAID is currently working. Illustrate economic benefit.3) Artisanal and Small-scale mining: Assess the role of artisanal mining in the local economy and its socio-economic impact, both, positive and negative, as well as its impact on the environment. Identify the challenges faced by artisanal miners. Provide information on current and potential sustainable development initiatives in this sector.4) Legal and regulatory framework: Summarize the legal and regulatory framework governing mining operations and provide information on any changes made in recent years. Analyze the impact of these changes on industry practices, compliance, and enforcement. Include both national laws and if applicable, municipal regulations.5) The regulatory analysis should include a separate subchapter to analyze the impact of recent decisions by the government to ban metal mining activities in the country. Examine the motivations behind such decisions and how they affect local communities, those involved in the industry, and the broader economic context6) Impact on the environment: Provide an analysis of the potential environmental impacts associated with mining operations. Identify any known, documented environmental pollution or degradation caused by mining projects in Honduras. If there are particularly sensitive ecosystems at risk, list and map them.7) Labor and physical risk: Describe the number of people working in mining and how they are protected by the laws in Honduras. Describe the main types of risks to which they are exposed in the mines of Honduras (physical, chemical, biological, psychosocial) and what measures are usually taken to reduce these risks. If there are any recent emblematic cases of risks that are known, describe them.8) Indigenous rights and community perspectives: Report on indigenous rights status regarding mining. Provide community perspectives to understand how mining affects indigenous communities and their cultural heritage. Provide a list of known judicial cases related to mining activities in Honduras.9) Sustainable mining initiatives: Identify and analyze international initiatives underway in Honduras with the goal of promoting sustainable mining practices. Describe the known effectiveness of these initiatives and how they can be scaled across the sector in Honduras.Position Description
MESCLA 2.0 is seeking a Legal Expert for the Assessment on the State of the Mining Sector in Honduras. The Legal Expert is fluent in Spanish with familiarity of mining sector regulations. The consultant will support in this role from March – August 2024 with an estimated 15 days of LOE. The Legal Expert will be a part of a team of four specialists and work under the oversight of the Team Lead. The team will submit a work plan and timeline to coordinate the deliverables in a high-quality and timely manner.Responsibilities
- Support a literature review to inform the assessment design, reviewing existing studies, reports, and academic literature related to mining.
- Contribute to a regulatory framework analysis, reviewing relevant legislation and policy frameworks to understand the regulatory landscape.
- Contribute to the design of instruments for key informant interviews with various stakeholders, including government officials, industry experts, community leaders, environmentalists, and indigenous representatives.
- Contribute to the design of protocols for site visits to mining areas to provide direct observation and insight into the local impacts of mining activity.
- Contribute to a comprehensive report, preliminary results presentation, set of references, and a final presentation.
- Provide legal expertise across all areas of the assessment.
- Work collaboratively with the three other team members throughout design, implementation, analysis, and report writing to complement each other's areas of expertise.
- Master’s degree, JD preferred, with at least 10 years’ experience in the field.
- Extensive understanding of rule of law and mining regulations in Honduras.
- Excellent interpersonal skills and ability to work in a team.
- Must be fluent (writing and speaking) in Spanish; English proficiency preferred.
- Experience working in Honduras or similar programs is preferred.