Uganda: Consultancy to assess the capacity (staffing, management, financing & functionality) and practices of the government land registration system

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

1.1 Project background

In 2016, the Trócaire Uganda office secured a second grant from the Democratic Governance Facility (DGF) to implement an 18-month research project entitled “Instituting the Protection of Rights to Customary Land in Acholi”. The project is being implemented by Trócaire in partnership with the Joint Acholi Sub Region Leaders Forum (JASLF), which provides technical guidance and support through the Technical Committee 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 current project follows on a first phase of research conducted July 2015 – June 2016; the current project implementation period is 18 months, from July 2016 to December 2017.

1.2 Background to the assignment

To date, there has been a lack of research into the indigenous knowledge, practices and value systems that have sustained land rights, management and ownership in Acholi sub-region. The violent conflict and the subsequent period of economic development in Acholi together contributed to the disruption of traditional systems of land management, and the impact of these factors has been under-researched.

The process by which people in Acholi can demarcate and register customary land is being explored by Trócaire and JASLF, however, it is also recognised that central to facilitating these processes are the institutions formed by government through the Ministry of Lands, Housing and Urban Development (MLHUD), including the District Land Boards (DLBs), Area Land Committees (ALCs) and Land Offices (LOs). Despite the existence of these institutions, among communities and others there is a lack of knowledge on their functionality, resources and funding and this reinforces the community opinion that registration is not possible for customary lands. Making information on these institutions’ role and functionality available, alongside wider community level sensitisation, will allow for greater uptake by communities for mapping and registration while also providing government with valuable information that feeds into the proposed DLB amalgamation process. The information once availed will contribute to protecting land rights by clarifying how government institutions, set up to facilitate the process of land titling and registration, function. This research on the functionality and financing of the District Land Boards (DLBs), Area Land Committees (ALCs) and Land Offices (LOs) will be conducted in Acholi sub-region’s eight districts. Trócaire will work closely with the Ministry of Lands, Housing and Urban Development (MLHUD) to ensure the research is beneficial to them as part of any proposed amalgamation of the DLBs and in relation to the zonal offices. It is hoped that the outcome of this activity will support the upcoming mapping and registration processes in this project.

1.3 Objectives of the Consultancy

The objectives of the consultancy are:

  1. To conduct consultations with MLHUD pertaining to research on functionality and financing of district land boards (DLBs), area land committees (ALCs), land offices (LOs) in Acholiland and document these findings to incorporate as part of overall research report.

This should include an assessment of the performance of zonal offices, how they relate to DLBs, ALCs and in particular how they will/may work in Acholiland.

  1. To identify and conduct consultations with main CSOs (GIZ, ZOA, Action Aid, Oxfam) and possibly the donor land group and development partners (World Bank/FAO) working on land; in relation to research on functionality and financing of DLBs, ALBs, LOs in Acholiland and document these findings to incorporate as part of overall research report.

  2. To visit and conduct an assessment of the capacity of government institutions (DLBs, ALCs, and LOs) in the eight districts of Acholiland, in terms of staffing, management, financing and functionality of land registration system with regards to customary land tenure. This should include insights and views from the RDCs and CAOs.

  3. To document any findings pertaining to inclusion and equitable treatment of marginalised groups, with a particular focus on the youth, elderly and persons with a disability.

1.4 Tasks

The tasks undertaken include the following:

  1. Development of a research protocol which contains all the methods, tools, topic list/guide to conduct the assessment of government institutions that are approved by Trócaire and key stakeholders.

  2. Conduct consultations with MLHUD until you get all the necessary information pertaining to research on management, staffing, functionality and financing of DLBs, ALCs, LOs in Acholiland and document these findings to incorporate as part of overall research report.

This should include information on zonal offices, how they relate to DLBs, ALCs and how they will/may work in Acholiland.

  1. Conduct consultations with key CSOs and development partners working on land in relation to research on management, functionality and financing of DLBs, ALBs, LOs in Acholiland and document these findings to incorporate as part overall research report.

  2. Assess the capacity of government institutions (DLBs, ALCs, LOs) in the eight districts of Acholiland, in terms of staffing, management, financing and functionality of the land registration system with regards to customary land tenure.

  3. Document any findings pertaining to inclusion and equitable treatment of marginalised groups, with a particular focus on the elderly, youth and persons with a disability.

  4. Conduct 2 workshops to share the draft findings with key stakeholders and incorporate feedback into final report

1.5 Deliverables

The deliverables of the consultancy are:

  1. An inception report based on preliminary background reading and discussions with relevant persons within Trócaire/JASLF. A format will be provided to the consultant.

  2. Draft research protocol to be used in conducting the research to be shared with Trócaire and other key stakeholders for comment.

  3. Final version of research protocol to be used in research incorporating the comments from key stakeholders.

  4. Reports of a maximum of 4 pages on each consultation meeting with MLHUD pertaining to research on functionality and financing of DLBs, ALCs, LOs in Acholiland

  5. Reports of a maximum of 4 pages on each consultation meeting with key CSOs/donor land group and development partners in relation to research on functionality and financing of DLBs, ALBs, LOs in Acholiland.

  6. A draft comprehensive research report of not more than 30 pages (excluding annexes) on the assessment of the capacity of government institutions (DLBs, ALCs, LOs) in the eight districts of Acholiland, in terms of staffing, management, financing and functionality of land registration system with regards to customary land tenure. The report should include findings on zonal offices, recommendations for remedying identified gaps and possible advocacy points tailored to MLHUD and other key stakeholders.

  7. Workshops to get feedback from key stakeholders on the report which can be used to draft a final version of the report.

  8. Final research report.

1.6 Methodologies

The research will be led by the lead consultant who will work closely with the Trócaire/JASLF team.

1.6.1 Participatory Approach

The research methodology should be devised in a participatory manner between key stakeholders and the consultant. Trócaire, JASLF and MLHUD, should understand and be actively engaged in the design of the methodology.

1.6.2 Inclusive Approach

The research methodology should be devised to be inclusive and should include questions as to the equitable treatment of marginalised groups with a particular focus on persons with a disability, elderly and youth.

1.6.3 Research manual

In consultation with the key stakeholders, the consultant should develop a research protocol during the first phase of the process which contains:

· A summary of key issues to be addressed during the research and sets out a refined methodology and work plan for the assignment.

· Tools developed for data gathering (questionnaires, topic list/guide).

· Data analysis methodology including: proposed means of capturing and coding responses, data entry and data analysis.

· An outline of the proposed format for the final report

1.7 Management of the Consultancy

1.7.1 Management

The Consultancy will be managed by the Project Coordinator. The consultant will liaise with and report to the Project Coordinator.

1.7.2 Responsibilities of the Consultant

The consultant is expected to lead on

  • Ensure all deliverables are done in a timely manner

  • Ensure the methodology is participatory and inclusive

  • Ensure that stakeholders are actively engaged in the design of the methodology and are actively consulted throughout the process.

  • Ensure that Trócaire is made aware of any problems or delays in the project in a timely manner.

1.7.3 Responsibilities of Trócaire

Project Coordinator (Trócaire) & JASLF are expected to

  • Prepare the Contract and ensure payments are provided promptly.

  • Ensure consultant is provided with all the background information required in a timely manner.

  • Ensure all logistical arrangements are made and communicated with the consultant.

  • Provide timely feedback is provided to the consultant.

  • Be available to provide advice to consultant.

1.8 Timeline

The consultancy must be completed and all deliverables submitted to Trócaire by 31st July, 2017

Key Tasks

Estimated Days

  1. Development of tools to conduct the assessment of government institutions that are approved by Trócaire and key stakeholders.

3

  1. A review of literature/background research on financing and functionality of government research institutions (review the reports from FAO Uganda).

3

  1. Consultations with MLHUD pertaining to research on functionality and financing of DLBs, ALBs, LOs in Acholiland including zonal offices, and document these findings.

4

  1. Consultations with key CSOs and development partners in relation to research on functionality and financing of DLBs, ALBs, LOs in Acholiland and document these findings to incorporate as part overall research report.

2

  1. Assessment of the capacity of government institutions (DLBs, ALCs, LOs) in the eight districts of Acholiland, in staffing, management, financing and functionality of land registration system with regards to customary land tenure. This includes visits to the sites, interviews and actual observations, not opinions from phone calls.

10

  1. Report writing including documentation of any findings pertaining to inclusion and equitable treatment of marginalised groups, with a particular focus on persons with a disability.

4

  1. Workshop to share the draft findings with key stakeholders and incorporate feedback into final report. (one day/half a day in Gulu & Kampala)

2

Total number of consultancy days.

28

1.9 Consultant Profile

  1. Advanced degree in social sciences, humanitarian, development or related fields.

  2. At least 6 years of professional experience in undertaking work related to land in Uganda.

  3. Specific knowledge and expertise on land rights.

  4. Proven experience of using participatory research methodologies, minimum of 5 years.

  5. Proficiency in report writing.

  6. Strong interpersonal skills.

  7. Familiarity with Uganda, particularly Northern Uganda and government systems would be a distinct advantage.

  8. Luo language would be an added advantage.

1.10 Outline of consultant’s proposal

The consultant is expected to submit an Expression of Interest to Trócaire, which should include:

· A CV and profile of the consultancy firm/individual

· An understanding and interpretation of the terms of reference – a summary of approach and methodology outlining how the research will be conducted, timeline of activities/data collection in the 8 districts, including an implementation plan.

· Annexes – CV of the key expert including references;

· A financial component stating daily consultancy fees in Ugandan Shillings.

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 Monday, 1st May 2017, via email to recruitmentuganda@trocaire.org , with the title of the consultancy included clearly in the subject line: Application – RESEARCH ON GOVERNMENT LAND REGISTRATION SYSTEM

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