Land governance across borders or transnational land governance looks at rule making, standard setting and institution building across borders. Empirically, one can see a variety of patterns of regulatory governance emerging. The studies commissioned by IGAD in 2016 reviewing the of land governance systems in the IGAD Member States identified four transnational elements:
- State sovereignty over land;
- Legal pluralism (customary and statutory);
- Gender biases in access to land;
- Land tenure insecurity and land conflicts.
Countries in the IGAD region differ in terms of their perceived complexity and need for expertise. Each country has unique features and therefore responding to cross border land governance needs pauses practical challenges in setting regulation standards. The region greatly differs in its mix of land governance forms. National frameworks tend to draw a sharp distinction between international law, national law, private standards and the absence of regulation. More often than not, however, regulation in transnational land governance is complicated by overlaps of partly complementary and partly conflicting modes of land governance at Member States level. To make progress, there is need to increase inter-state collaboration in land governance as is underscored in the Region’s Land Policy Convergence Framework. One of the key areas is enhancing alternative dispute resolution.
Land Dispute Resolution is a key challenge faced in the IGAD Member States with over 42% of disputes reported in the formal courts having the issues hinged on land. This has led to land held in impasse until such matters are resolved. Land disputes take an average of 5 years to be heard and resolved through the formal court process. This process is not only costly in terms of money and time, but is very elitist with only those who can afford legal representation getting justice. This leaves out the majority of the citizens of the IGAD Region.
With the Support from the Swedish Embassy in Addis Ababa, the IGAD Land Governance Unit wants to develop a practice manual on ADR for the land sector that can be used across the IGAD Member States.
OBJECTIVE OF THE CONSULTANCY:
The main goal of the assignment is to provide practical steps and approaches to alternative Dispute resolution for both juridical and administrative disputes arising from land. It should further provide an overview of good practices that exist in the IGAD Region on ADR for land governance. The manual seeks to facilitate a more informed approach to the design, implementation, and monitoring of ADR procedures for the land sector that can be used by Governments at various levels, traditional authorities, the Private Sector and non-governmental organizations (NGOs).
An efficient and appropriate dispute resolution system must be introduced, and must also be sustainable over a long period of time. With the practice manual, IGAD envisages building capacities of local stakeholders to establish mediation mechanisms that can be sustained over a long period of time at country level.
QUALIFICATIONS AND EXPERIENCE REQUIRED:
The Consultant/firm team is expected to have the following qualifications:
- The Lead Consultant should have expertise in IEC tools development.
- The Lead Consultant should have a PhD in land management, land economics, gender studies, public policy, population studies or law with 5 years of professional experience, or A master’s degree in a field relevant to the assignment, such as land tenure, land ,management, land economics, Gender studies, Gender Economics Public Policy, Social Development, combined with at least 5 years professional experience; or A Bachelor’s degree in land management, land economics, law, gender studies, population studies with 10 years of professional experience.
- The second Consultant should be an expert in Gender Mainstreaming. A minimum Bachelor’s Degree (or equivalent) in relevant area (gender studies or social sciences) with 10 years relevant professional experience. A Master’s Degree or PhD will be considered an asset; Minimum 5 years of relevant professional experience in mainstreaming gender in development projects and policies; Record of participation in at least 2 assignments of similar size and degree of complexity (consultancy services in the area of gender mainstreaming in projects, programmes or policies);
- Knowledge of analytical methods and tools for mainstreaming gender in land reforms or related areas is considered an asset;
- Sound understanding of gender and development issues in the IGAD Region;
- Excellent communication, presentation, report writing and analytical skills;
- Mastery of oral and written English
- Very strong writing and analytical skills
DURATION OF THE ASSIGNMENT
The Consultancy is for a total of 21 days spread over three months. The final product i.e. the movie as well as all the raw material and project files, should be delivered to IGAD no later than 28th February 2020.
SUPERVISION AND REPORTING:
The IGAD Land Governance Expert based at the IGAD HQs Djibouti will be the contact person for the duration of the assignment and will also provide relevant background documents and publications.
HOW TO APPLY
Remark: It is important that the two consultants come from different IGAD Member States.
Each application should include the following:
- Cover letter with the applicant’s current contact information including how the candidate’s previous experience matches the consultancy objectives as well as their interest for the position (not longer than two pages).
- CV of consultants and professional references or letter of recommendation;
- Samples of recent similar assignments.
- The email must clearly state the assignment applied for and marked: “Developing a Practice Manual and Tools for Mainstreaming Gender in the Implementation of Land Reforms and Practices”.
- Late applications will not be considered.
- Women applicants are encouraged.
- The deadline for submitting the applications will be at or before 5:00pm on 15th November 2019 and address for submitting the offer will be:
- The Expression of Interest and any request for clarification should be addressed to the following E-mail addresses:
Administration and Finance, IGAD Secretariat
Avenue Georges Clemenceau
P.O. Box 2653
Djibouti, Rep. of Djibouti