Uganda: Consultancy to: [A] develop Step-by-Step Guides for formation & registration of Land Trust, Community Land Association(CLA), Certificate of Customary

Organization: Trócaire
Country: Uganda
Closing date: 01 May 2017

1. Project background

The project is being implemented by Trócaire in partnership with the Joint Acholi Sub Region Leaders Forum (JASLF) who provide technical guidance and support to the project through the Technical Committee, Advisory Panel and the JASLF Secretariat. The goal of the project is to strengthen the security of customary and communal land tenure in Acholiland through piloting new approaches based on research, consultation and advocacy. The first phase of the project called “*Piloting the Protection of Rights to Customary Land Ownership in Acholiland”*, was implemented from 2015 to 2016, and produced the following outputs: (i) Field Component Research Report that details how Acholi customary and communal land is controlled, managed and administered, by and for whom, in all its variations; (ii) Report that identified International Legal Precedents for Protecting Rights to Communal Land Tenure; (iii) A legal opinion on tenure options for protecting customary land under the existing Uganda Law; and (iv) A revised document entitled ‘*Principles & Practices of Customary Tenure In AcholiLand’* originally published by the institution of Ker Kwaro Acholi (KKA).

The current phase seeks to address four objectives: (i) to conduct research to better understand customary land administration in Acholiland; (ii) to increase awareness of agreed upon legal instruments for protection of communal customary land; (iii) to Map the boundaries of selected Land Holding Groups (LHG) and initiate registration of communal customary land with these groups (Clans); and (iv) to strengthen the organisational capacity of JASLF and enhance interagency coordination.

The project implementation period commenced in July 2016 and will run up to December 2017.

2. Background to the assignment

It is hoped that coming to a greater understanding of the finer details of kin-based communal customary land holding units in all its variations, in tandem with the attendant principles and practices, backed up with appropriate legal provisions, will help secure and protect the people’s inherent rights to their customary communal land holdings.

The legal research report from Phase 1 recommended land trusts as the most viable legal option for protection of customary land rights under the current legal regime in Uganda. This recommendation is further buttressed by the findings of the community field research report that indicated the organization of land in Acholi is still heavily tilted towards Clan leadership. Clan leaders from the past to today understand that they hold the land in trust for both the previous, current and future generations. Accordingly, the need to “Register” the clan land for legal security of tenure was overwhelmingly recognised and demanded by the Clan Land Holding Groups (CLHG) researched. However, the process of ‘registration’ and what it entails is unclear to the community and they need to understand the legal options available and guidance on the processes involved in order to make informed decisions.

Most of the Clans researched already developed some form of constitution, rules or bye-laws that guide their management and governance issues amongst others. However, some of these documents are not written in sound legal formats, hence the need for a draft Model Clan Constitution to help guide them. Besides, it is envisaged that the constitution will be key in the registration process.

Trócaire Gulu Sub-Office is seeking Expressions of Interest from suitably qualified individuals or firms to produce:-

(A) Legally nuanced, yet straightforward and accessible Step-by-Step Guides to formation, registration and institution of (i) Land Trust, (ii) Community Land Association (CLA) and (iii) Certificate of Customary Ownership (CCO) respectively.

(B) A Model Clan Constitution.

3. Objectives of the assignment on Step-by-step Guides (A):

1) To review the existing legal instruments and guides pertaining to registration of land under the Land Trust, CLA and CCO;

2) To produce a legally nuanced, yet straightforward and accessible, Step-by-Step Guide to the formation, registration and institution of a Land Trust;

3) To produce a legally nuanced, yet straightforward and accessible, Step-by-Step Guide to the formation, registration and institution of a Community Land Association;

4) To produce a legally nuanced, yet straightforward and accessible, Step-by-Step Guide to the formation, registration and institution of a Certificate of Customary Ownership (CCO).

5) To provide details of the places to go to, and specific persons responsible for the process of registration of Land Trust, CLA and CCO.

4. Tasks (A)

1) Carry out a review of literature and documents relating to land and its registration under Land Trust, CLA and CCO; (reference may be made to the LEMU Guide)

2) Write a succint, straightforward and simplified document spelling out the requisite steps necessary to form, register and institute a Land Trust;

3) Write a succinct, straightforward and simplified document spelling out the requisite steps necessary to form, register and institute a Communal Land Association;

4) Write a straightforward and simplified document spelling out the requisite steps necessary to form, register and institute a Certificate of Customary Ownership; (capture the element of registration of Land Trust and CLAs under CCO)

5) Produce a detailed document spelling out the places to go, specific persons responsible for registration of Land Trust, CLA and CCO.

5. Deliverables (A)

1) A Step-by-Step Guide to the formation, registration and institution of a Land Trust;

2) A Step-by-Step Guide to the formation, registration and institution of a Community Land Association;

3) A Step-by-Step Guide for obtaining Certificate of Customary Ownership for Land Trust and Community Land Association;

4) Inventory of contacts/offices to exercise registration of Land Trust, CLA and CCO.

6. Objectives of the assignment on Model Constitution (B)

1) To review the examples of 10 Clan constitutions and/or bye-laws, rules collected from some Clans researched in Phase 1, to partly inform development of a model Clan constitution.

2) To draft, develop and write a legally acceptable Model Clan Costitution incorporating Acholi Customary values, norms and practices. [To assist in this, the re-drafted document ‘Principles & Practices of Customary Tenure In AcholiLand’ will be made available to the consultant by Trócaire Gulu sub-office].

3) To ensure that the Model Constitution contains explicit Articles on Land Management;

7. Tasks (B)

1) Professionally review some of the existing Clan constitutions;

2) Read through the document on ”Priciples & Practices of Customary tenure in Acholiland” to help guide the model constitution drafting;

3) Write a Model Constitution that can be adopted for use accross various Acholi clans and explicitly contain Articles on Land Management;

8. Deliverables (B):

1) A legally Sound Model Clan Constitution;

2) A comprehensive report on the work executed during the consultancy.

9. Management of the Consultancy

The Consultant shall liaise with the Research Coordinator at the Trócaire-Gulu Sub-Office while executing this assignment, is expected to work with minimum supervision and to deliver on all outputs in a timely manner.

10. Timeline

The consultancy is for 10 days and it is expected that final documents be submitted to Trócaire Gulu Sub-office by June 15th 2017.

11. Consultants’ Specifications:

The following will be essential:

1) Advanced degree in Law, with special mastery of the Ugandan legal system;

2) Demonstrated experience in executing legal assignments;

3) Strong understanding of legal concepts especially with regards to land rights;

4) Proficiency in document/report writing;

5) Proficiency in English language;

6) Knowledge of Uganda legal landscape and particularly land related laws and nuances around it;

7) Familiarity with the customary norms and practices of the people of Northern Uganda, especially Acholi, would be an added advantage.

12. Outline of consultant’s proposal

The consultant is expected to submit a Technical and Financial Proposal for executing this assignment, including the following:

· A CV and profile of the consultancy firm/individual including references.

· A copy of a report done by the consultant on a similar assignment (if available); and

· A financial component stating daily consultancy fees.

· Implementation plan, demonstrating a clear understanding of the Terms of Reference.

Please Note: Transport, accommodation, and other pertinent logistics will be taken care of by Trócaire if deemed necessary in the period of engagement.

How to apply:

The Expression of Interest (EOI) should be submitted via email to recruitmentuganda@trocaire.org by the Monday May 1st 2017.

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