Mercy Corps Lands Governance Consultancy in Karamoja-Moroto and Napak Districts

Mercy Corps

Terms of Reference (ToR)

Consultancy Service on Lands Governance in Karamoja-Moroto and Napak Districts

Position: Land Governance Expert

Duration: Short- term consultancy

Place: Moroto and Napak Districts

Background: In recent years, governments across Africa, Asia and Latin America have been granting vast land concessions to foreign investors for agro-industrial enterprises and resource extraction. Often, governments make concessions with a view to furthering development and strengthening the national economy.

Yet in many cases, these land concessions robs rural communities of the land they have depended on for their livelihoods and economic survival. Even when communities welcome private investment, projects are often undertaken in ways that lead to environmental degradation, human rights violations, loss of access to livelihoods, and inequity.

Emerging from the final year of PROGRESS, Land is one of the most important issues around climate resilience in Karamoja as access to and control over natural resources is critical to people’s livelihoods.

Investors and land grabbers have exploited the transition from a pastoralist and communal land tenure system and communities are rapidly losing access to land and grazing grounds.

The need to have efficiently functional land administration systems has never been more apparent given the increasing pressure on land due to population growth, urbanization, competing land claims and the growth of the land markets in the region. At the centre of all these developments are people whose rights and interests must be taken into account.

Land tenure has long been viewed as a central element of development efforts as it affects productivity through at least three channels, namely

(i) the likelihood of owners making land attached investments;

(ii) the scope for transferring land to more productive users and take up non-agricultural employment; and

(iii) the ability to use land as collateral for credit.

It is also important to recognize the importance of land in terms of livelihoods as well as its cultural and spiritual significance in the context of pastoralism in Karamoja.

Missing all these land attached benefits might cause people to lose access to land and grazing to sustain their life. At the same time mobile populations add pressure to land availability (pastoralist – pasture/grazing lands/water access etc.)

However, especially land tenure and governance areas in Karamoja is not well understood, particularly the interaction between customary and formal institutions in access and control of land and natural resources.

In order for BRACED-Lands and governance to support communities land use and investment planning, understanding the nexus between land governance and livelihoods is necessary to give due attention to the realities surrounding lands and governance.

With the above background the terms of reference below seek the study of two selected districts of Karamoja region located in pastoral and agro-pastoral areas.

Overall Objective: Based on the BRACED lands and governance strategy, the overall objective of this consultancy will be to identify the opportunities that exist under the policy and legislative land act in Uganda for securing communal land.

This study will undertake an in-depth analysis of land governance frameworks and practices in the Karamoja aimed at exploring

1) the major stakeholders involved in land registration and protection,

2) the current government policies and key legislature related to land protection and registration in Uganda

3) best practices in rural land protection efforts and lastly the development of a step-by-step guide on land registration in Uganda.

Specific Objectives:

1) Identification and analysis of the major stakeholders involved in land registration and protection

2) Overview and analysis of the current government policies and key legislature related to land protection and registration in Uganda

3) Identify the linkages between land tenure and access to land for production and livelihoods as well as the existing challenges to land security in Karamoja

4) Identify actions/activities to respond to these challenges within the existing land governance frameworks and policies.

3) Identification of best practices in rural land protection efforts relevant to the Karamoja context

4) Development of a step-by-step guide on land registration in Uganda. This should clearly articulate an overall strategy and specific activities for development organizations to effectively protect people at risk of losing access to communal land.

Methodology

The consultant will design an appropriate methodology and work plan to carry out the above objectives of the consultancy to be presented and approved by BRACED Programme Director in close consultation with the Project Manager, Lands and Governance.

Expected Outputs

  1. An inception report which includes: A desk review of the status of land governance and relevant examples of land use in Karamoja; a detailed methodology for the study, draft outline of the main sections of the report. Two weeks after commencement.
  2. A field study to analyze land governance legislation and practices and review experiences of land rights work carried out by Mercy Corps and other stakeholders in Karamoja.
  3. Draft report including
  • An overview of land governance in Karamoja and its impact on livelihoods
  • Opportunities for improving land security and access to communal land within the existing governance and legal framework
  • Illustrative examples of best practices to support land protection based on experiences from Karamoja and other similar contexts within the region
  • A step-by-step practical guide on the procedures for effectively registering and securing communal land. This will include recommendations and specific activities that can be carried out by community based or other development organizations. This will be the main section of the report (Due date June 20th, 2018)
  • Recommendations on specific activities/interventions that BRACED should focus on and can realistically complete between July 2018 and March 2019.
  1. Final synthesis reports by July 10th 2018.
  2. A presentation of the study key findings and recommendations

Timeline: The consultancy will involve 25 working days, spread over 2 months. The consultant will spend 10 days in the field in Karamoja.

The remaining days are for write-up and presentation.

Reporting: The Consultant will work under the overall guidance of the Project Manager, Lands and Governance Mercy Corps-BRACED and Program Manager, who will coordinate with the focal points of the ministry of Housing, lands and Environment, district land officers, district and sub county land boards including Communal land Associations (CLA’s).

S/he will closely liaise with program team from lands and governance- BRACED who will ensure that the consultant adheres to the agreed TORs and deliver the study outputs.

Consultancy fees: The honorarium and other payments will be indicated in the contract. Skills and other requirements of the consultant

Education: Advanced University Degree (LL.B or MSc) in land governance or related discipline

Work Experience: A minimum of 10 years progressively responsible experience in a land related field especially developing and implementing land policies and land administration strategies, programs and projects required.

Skills and Expertise:

The candidate should have:

  • Policy formulation and implementation experience on land governance, especially applied to the Karamoja context;
  • Strong understanding of the local and national policy landscape, and experience in policy analysis;
  • Proven record of analytical work on land governance, transboundary resource management and/or livelihoods issues;
  • Field experience working on land governance; specific experience working on land issues in Karamoja will be an asset
  • Experience working in pastoralist areas of the horn of Africa, specific work or research experience in Karamoja will be an advantage.
  • Languages: The candidate for this assignment needs to be fluent in English and have excellent drafting skills. Ngakarimojong will be an added value.
  • Duration: May -July, 2018

Application:

The consultant is requested to submit a technical proposal outlining a methodology for the assignment, a current curriculum vitae and a proposed budget by June 6th 2018 at 1700 Hrs.

The proposal MUST be submitted in hard copy at Mercy Corps offices located at ABC PLACE, BLOCK B, 1ST FLOOR and a soft copy to ke-bids@mercycorps.org.

The following criteria will be used for the selection of candidates:

Academic qualifications 10 ooints
Proposed methodology in terms of clarity and relevance 15 points
Experience on land governance policy and legislation (formulation / implementation / research / other) 40 points
Demonstrated understanding/experience of pastoralist areas of the horn of Africa 15 points
Relevant experience on land issues in Uganda (especially Karamoja) 15 points
Daily fee (value for money)  5 points

 

Evaluation Criteria Weight

(%)

Possible Points

(1 to 10)

Weighted Score
(A) (B) (A*B)
Academic qualifications 10 % 10 1.0
Proposed methodology in terms of clarity and relevance 15% 10      1.5
Experience on land governance policy and legislation(formulation/implementation/research/other) 40% 10 4.0
Demonstrated understanding/experience of pastoralist areas of the horn of Africa 15% 10 1.5
Relevant experience on land issues in Uganda, especially in Karamoja 15% 10 1.5
Value for money/Price 5% 10 0.5
TOTAL POSSIBLE SCORE: 100% 60 10

 

SCORING EVALUATION

Criteria Scale and Rational
Academic qualifications

(10%)

0-4 points: Masters degree in non land governance related issues

5 points: Masters degree on relevant field (governance, land related specialisation)

6-10 points: Masters degree, or LLB specific to land governance and policy

Proposed methodology in terms of clarity and relevance ( 15 %) 0-4 points: Methodology reflects limited understanding of the issues or context or the assignment

5 points: Methodology reflects adequate understanding of issues/context/assignment

6-10 points: Methodology shows good understanding of the issues/context and assignment

Experience on land governance policy and legislation(formulation/implementation/research/other) (40 %) 0-4 points: Analyst has limited experience conducting similar studies on land governance policy and legislation; Applicant undertaken fewer than 2 similar studies in the last 10 years.

5 points: Analyst demonstrates some experience conducting similar studies of comparable scale and complexity in relation to land governance,policy and legislation; Evidence that individual has undertaken at least 3 similar studies in the last 10 years.

6-10 points Lead analyst has extensive experience conducting similar studies of comparable scale and complexity in relation to land governance policy and legislation; Evidence that individual has undertaken at least 5 similar studies in the last 10 years

Demonstrated understanding/experience of pastoralist areas of the horn of Africa 0 points: Analyst has limited work/research experience in pastoralist areas of the Horn of Africa (less than 3 years combined)

1-5 points: Analyst has at least 5 years work or research experience in pastoralist areas of the Horn of Africa

6-10 points: Analyst has 10 plus years

Work/research experience

in pastoralist areas of the Horn of

Africa

Relevant experience on land issues in Uganda, especially in Karamoja 0-4 points: Analyst has little or no work/research experience on land issues in Uganda or Karamoja(less than 1 year or less than 2 short term consultancies/assignments)

5  Points: Analyst has some work/research experience on land issues in Uganda or Karamoja (2 years or 4 short term consultancies/assignments)

6-10 points: Analyst has specific and relevant experience on Land governance in Uganda  and specific experience in Karamoja (3 plus years or over 6 specific and relevant short term consultancies/assignments)

Value for money/Price 0-4 points: Financial proposal lack detail and does not show value for money

5  Points: Financial proposal moderately shows value for money

6-10 points: Financial proposal is comprehensive and shows value for money

Total Possible Score 100

 



Job Summary:
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Karamoja-Moroto and Napak Districts

Karamoja-Moroto and Napak Districts
N/A

Karamoja-Moroto and Napak

Uganda

Community Development and Humanitarian, Environment and Natural Resources, NGO and UN

Updated: May 23, 2018 — 4:05 am
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