1 Project background
Based in Gulu, with funding from the Democratic Governance Facility (DGF), and in partnership with the Joint Acholi Sub-Region Leaders Forum (JASLF), Trócaire is implementing a research project focused on documenting customary land tenure in Acholi land. JASLF provides technical guidance and support through the Technical Committee and the JASLF Secretariat. A pilot phase (July 2015 to June 2016) is being followed up by an 18-month Phase II (July 2016 to December 2017) extension. The goal of the project is to strengthen the security of customary and communal land tenure in Acholi land, through piloting new approaches based on research, consultation and advocacy. The project is researching how Acholi customary and communal land is controlled, managed and administered, by and for whom, it will investigate legal mechanisms to secure customary land rights and will create awareness of the findings and implications of the research. The project implementation period is for 18 months ending December 2017.
2 Background to the assignment
A critical component in the securing land tenure is the demarcation and registration of the land. In phase 1 the project researched on how communities in Acholi would like to secure the land tenure and is using this as the basis for the mapping, demarcation and registration process. There is on-going work in outlining the legal options for communities to register their land. The consultant is expected to design a process, consulting the key stakeholders especially the JASLF members and using the research as the basis, for the demarcation and registration of land. The process designed should be compatible to the registry that is being developed by the Ministry of Lands, Housing and Urban Development (MLHUD).
3 Purpose of the Consultancy
The purpose of this consultancy is to lead the process of demarcation, mapping and registration of land in the selected areas. The consultancy will involve the design of the process and tools, supervision of the Field Researchers (FRs) responsible to carry out the activities and the effective maintenance of key relationships.
4 Tasks
The consultant may propose other activities in the Expression of Interest in order to deliver the consultancy, but the tasks undertaken should include the following:
4.1 Legal Research
a) Liaise with relevant officials in the MLHUD and the Trócaire Policy Manager – Resource Rights with a view to clarifying the statutory aspects of land mapping and registration, ensuring that the work in the field is then appropriately informed and documented.
b) Ensure the FRs clearly understand and can communicate the legal steps involved in the registration of land as documented in the legal research.
c) When needed, provide technical input to the on-going legal research on Model Clan Constitutions, and guidelines to the establishment of a Land Trust and Community Land Association (CLA), as well as on the acquisition of a Certificate of Customary Ownership (CCO).
4.2 Mapping and Land Registration Work
a) Ensure there is a detailed and practical mapping action plan in place and is updated regularly. It should include detailed weekly plans with clear outputs and persons responsible. (format to be provided by Trócaire)
b) Develop a detailed budget that corresponds to the donor budget lines and regulations for the action plan.
c) Ensure all community requests for mapping, demarcation and registration are clearly documented and stored in an appropriate manner and likewise permission from neighbouring communities is similarly documented.
d) Ensure that field researchers are fully briefed and trained in the community engagement and mapping process. This may involve formal training and/or one-to-one briefs
4.3 Supervision of Field Researchers
a) Manage the field researchers in their day to day work.
b) Ensure Field Researchers understand the action plan, timelines, tools and processes and that they have clearly articulated these to the appropriate community leaders. This will involve formal trainings, accompaniment etc.
c) Accompany and support the field workers as they train clan leaders on conflict resolution and model constitutions for clans.
d) Supervise and directly support the Field Researchers in their work including
i. Preliminary meetings with Land Holding Groups (LHGs).
ii. Signing of agreements with concerned communities.
iii. Sketching of the area to be mapped together with the communities.
iv. Boundary walking and mapping the clan boundaries for each of the clans to be mapped, together with the community leaders.
v. Introducing the LHG to the statutory and legal aspects of land registration.
e) Ensure FRs are providing appropriate reports to Trócaire/JASLF.
f) Ensure FRs are keeping target communities fully informed of all relevant issues in an appropriate manner.
4.4 Relationship and Networking
a) Maintain existing and establish additional close and positive working relationships with local government structures in the 8 districts of Acholi sub-region, District Land Boards (DLBs), Area Land Committees (ALCs) and individuals concerned with land administration and management.
b) In conjunction with Trócaire staff in Kampala engage with the MHLUD to ensure the processes and tools developed are in line with Ministry guidelines.
c) Maintain strong and positive links with local leaders in target areas, ensuring that any concerns are managed appropriately in a timely manner, and in consultation with the project management team and other relevant stakeholders.
d) Providing formal and informal updates to Trócaire and JASLF when required.
e)
5 Deliverables
a) A clear action plan with detailed weekly plans with clear outputs and persons responsible using the project format
b) A clear budget in line with the donor budget using the project format.
c) 61 community requests for mapping agreements signed and documented.
d) 61 community agreements signed between the communities/clans to be mapped, and the neighbouring communities/clans.
e) 61 LHGs land boundaries are mapped and demarcated.
f) All key meetings with MLHUD and other key stakeholders outlined in the action plan are documented, signed and archived.
g) 61 maps produced and archived for mapped land.
h) Ensured Field Researchers have delivered the following
• Sensitisation of 61 LHGs on land dispute resolution mechanisms and model constitutions.
• Sensitisation of 61 LHGs on legal options towards registration of their land.
• Sensitisation of 61 LHGs on inclusive business models for sustainable land management.
i) 10 selected LHGs have land registered in the agreed method.
j) A final consultancy report produced, including but not limited to: delivery on each of the panned deliverables, achievements, challanges and possible reemedies, observations and recommendations; learnings, possibe advocacy issues at all levels, and details of individuals and groups met, trained or interacted with in relation to the work. The report should be comprehensive and clearly differentiate the two pieces of work; (i) on the legal aspects and (ii) on the mapping and registration process.
6 Management of the Consultancy
The Consultancy will be managed by the Research Coordinator. The division of responsibilities between the consultant and Trócaire/JASLF is as outlined in Annex 1.
An overview of the roles of the consultant and Trócaire are as follows:
6.1 The Consultant
a) Deliver on the activities and deliverables outlined in this ToR
b) Prepare timely reports and feed back to the Research Coordinator including any challenges in carrying out the activities.
6.2 Research Coordinator (Trócaire/JASLF)
a) Provide all relevant background information to the consultant
b) Develop the contract and make payment arrangements.
c) Provide overall management of the consultancy
d) Provide introductions to the consultant to the relevant persons in JASLF and Trócaire.
e) Ensure the relevant persons in the team organize logistics and administration needs for the consultancy.
6.3 JASLF/TC Focal Person
a) To organise any necessary meetings with JASLF members.
b) To set-up meetings and provide introductions to the key stakeholders that are required in the process including LC5s etc.
c) To provide guidance and feedback on the tools and processes developed.
7 Timeline and Budget
The consultancy must be completed and all deliverables submitted to Trócaire by Friday 29th July 2017. The consultant will work full-time with Trócaire/JASLF team using the standard Trócaire working hours and days of work (Monday to Friday) although some out of hours work may be required.
This consultancy is planned to take 60 working days, starting May to July 2017. And the consultant is expected to be ready for full time engagement and availability in the Trócaire, Gulu office throughout that period, with frequent field visits to mapping sites as required.
The gross unit cost of consultancy is between UGX 360,000 – UGX 540,000 per day depending on experience.
8 Consultant Profile
1. Advanced degree in relevant area.
2. Specific knowledge and expertise working on land rights.
3. At least 6 years of professional experience in undertaking work related to boundary mapping.
4. Proven experience of working on land issues in Acholi land.
5. Experience of legal aspects of land ownership in Uganda.
6. Strong interpersonal and coaching skills.
7. Must be fluent in Luo/Acholi language.
8. Familiarity with Uganda, particularly Northern Uganda, would be a distinct advantage.
9. A good understanding of the customs and practices regarding customary land management in Acholi land.
10. Ability to work with women and men from diverse backgrounds
11. Ability to meet deadlines with accuracy and attention to detail.
9 Outline of consultant’s proposal
The consultant is expected to submit an Expression of Interest to Trócaire, which should include:
1. A CV and profile of the consultancy firm/individual
2. An understanding and interpretation of the terms of reference – a summary of approach and methodology outlining how the mapping and legal pieces of work will be conducted, including an implementation plan.
3. A detailed plan, including a budget and timetable, with in which this work can be executed, with an indcation of the consultant’s interest in and capacity for delivering the overall plan.
4. Annexes – CV of the key expert including references.
5. A financial component stating daily consultancy fees.
6. An outline indication of the consultant’s possible involvement in the delivery of the work.
Please Note: Transport, accommodation, logistics, etc. will be budgeted separately by Trócaire.
HOW TO APPLY:
The Expression of Interest should be submitted not later than Wednesday, April 26th 2017 at 5:00pm EAT via email to recruitmentuganda@trocaire.org, with the title of the consultancy included clearly in the subject line: Application – MAPPING CONSULTANCY – DGFII