Expression of Interest Are Invited For Housing Land Property And Rule Of Law Assessments Bentiu And Malakal South Sudan Consultancy

Tenders Are Invited For South Sudan Housing Land Property And Rule Of Law Assessments Bentiu And Malakal South Sudan Consultancy Housing Land Property AndRule Of Law Assessments Terms Of ReferenceSouth Sudan March 2019Background And ContextThe Danish Refugee Council Drc Has Been Operational In South Sudan Since 2005 Working With TheOverall Aim Of Achieving Durable Solutions For Displaced Populations Affected By Conflict And FoodInsecurity Drc Implements A Multi Sector Response To Support Sudanese Refugees Internally DisplacedPersons Idp And Host Populations With Projects And Activities Being Tailored According To The Needs AndGaps In The Local Contexts Its Current Programming Components Include Protection Camp CoordinationAnd Camp Management Cccm Provision Of Emergency And Transitional Shelters Within And Outside OfCamp Environments Distribution Of Non Food Items Nfis Food Security And Livelihoods Fsl MultisectoralNeeds Assessments Rapid Multi Sector Emergency Response And The Deployment Of InternationalNgo Safety Advisors Who Support The Humanitarian Community With The Signing Of The Recent Peace Agreement In 2018 Significant Population Movements Are TakingPlace And Spontaneous Returns Or Relocations Of Idps And Refugees Are Being Seen Although A NumberOf Obstacles Are Facing The Establishment Of Durable Solutions Across Unity State And Upper Nile StateAnd South Sudan More Broadly One Of The Most Frequently Cited Issues Pertains To Housing Land AndProperty And The Lack Of Rule Of Law Many Areas Changed Hands Between The Government And Opposition Forces During The Conflict LeadingTo New Groups Or Political Entities Taking Control Of Land Furthermore Civilians Facing Displacement OftenLost Access To Their Property Or Members Of Another Group May Be Occupying Their Residence Such IssuesAre To Be Found Across The State In Most Of The Main Populated Areas And Are Currently Presenting ASignificant Challenge To The Process Of Solutions For Idps Bentiu And Rubkona Towns In Unity State And Malakal Town In Upper Nile State Have Been Identified AsAn Especially Complex And Challenging Environment Given The Nature Of Its Demographic Socio HistoricalMakeup Natural Resources And Governing Authorities Drc Is Currently Seeking To Understand TheseComplexities And Set In Motion A Timely And Appropriate Hlp And Legal Aid Response That Can SupportPersons Wanting To Relocate Return To Their Habitual Residence Or To Integrate Into Local Communities ToHave Safe Access To Land Rights And Legal Remedies In The Case Of Disputes Drc In Bentiu Is Planning To Lead An Assessment Of The Legal And Justice Sector Across Bentiu Town AndPossibly Rubkona Town A Town With High Number Of Idps In Unity State To Understand The ExistingCapacities And Gaps In Local Customary Courts In Bentiu And Rubkona Towns Including The ChallengesThat People Face Especially Gbv Survivors In Seeking Justice Drc Will Use This Assessment To MobilizeStakeholders To Develop A Strategy And Roadmap For Improving Access To Justice PurposeThe Purpose Of The Consultancy Is To Carry Out An Extensive Analysis Of The Existing Legal Structures AndProcesses In Place In Relation To Housing Land And Property Issues In Bentiu And Malakal As Well AsRule Of Law In Bentiu Page 2 Drc Hlp Assessment TorThe Assignment Will Be Composed Of Three Assessments Which Will Identify The Key Actors AndStakeholders Current Capacities Of Legal Practices And Perceptions Of Legitimate Hlp Rights And AccessTo Justice The Main Issues And Challenges Being Faced By The Community And The Main Opportunities AndConstraints Including Protection Risks For Hlp And Legal Programming And Assistance The Consultancy Will Develop A Roadmap And Plan For Appropriate Hlp Programming Within Rubkona AndBentiu Towns Of Rubkona County And Malakal County In Order To Provide Both Short And Long TermSolutions To Some Of The Key Challenges That Are Prohibiting Durable Solutions Adopting A ConflictsensitiveAnd Protection Focused Approach The Hlp Assessments In Bentiu And Malakal Will Identify Gaps And Needs In The Hlp InterventionAnd Will Provide Recommendations And Guidance For Further Activities On Hlp Rights In Rubkona AndMalakal Counties For Drc And Other Humanitarian Actors The 2009 Land Act Provides Men AndWomen With Equal Access To Land Holdings The 2011 Transitional Constitution Likewise States ThatWomen Shall Have The Right To Own Property And Share In The Estates Of Their Deceased HusbandsTogether With Any Surviving Legal Heir Of The Deceased The Hlp Assessment Will Identify Of LegalFrameworks In Rubkona And Malakal Counties Specific Support On Access To Land Tenure For Women The Assessment Will Include Practical Steps On What Needs To Be Addressed For Women To FullyParticipate On An Equal Basis In The Hlp Process And Claim Their Rights The Hlp Assessments AlsoWill Include Questions Around Access To Arable Land In Rubkona And Malakal Counties For The LocalCommunity And For The Internally Displaced Population Idp The Rule Of Law Assessment Will Include An Extensive Analysis Of The Rule Of Law In Bentiu Town AndPossibly Rubkona Town In Rubkona County Of Former Unity State Current Northern Liech State TheAssessment Will Include A Comprehensive Stakeholder Analysis Of The Operational JusticeMechanisms Existing Legal Structures And Processes In Place And Formal And Informal JusticeMechanisms The Study Will Identify The Key Actors And Stakeholders Current Capacities Of LegalPractices And Community Perceptions Of Access To Justice Gaps And Opportunities For StrengtheningA Rights Based System Focusing On Transitional Justice The Consultancy Will DevelopRecommendations And Support Planning For Appropriate Legal Aid Programming Within Bentiu In OrderTo Provide Both Short And Long Term Solutions To Some Of The Key Challenges That Are ProhibitingAccess To Justice Adopting A Conflict Sensitive And Protection Focused Approach The Three Assessments Will Include Comprehensive Suggestions Outlining The Aforementioned Factors AndSetting Clear Operational Guidelines Next Steps For The Suggested Drc Hlp And Legal Programmes InBoth Locations The Consultant Will Support In The Building Of Capacity Of Drc Protection Staff During TheField Work By Working Closely With Drc Protection And Legal Staff Lastly The Consultancy Is Also To Equip Key Drc Staff In Bentiu Malakal And Juba With ContextualKnowledge And Understanding Of Key Hlp Dynamics In Rubkona And Malakal Counties Through A FinalPost Fieldwork Workshop Where The Consultant Will Present And Discuss Preliminary Findings AndRecommendations Key Responsibilities03 1 Scope Of ConsultancyThe Consultancy Will Focus On The Desk And Field Research And Data Collection For The Actor Mapping AndHlp Justice Mechanisms Analysis In Bentiu And Malakal The Deliverables Of The Assignment Consist OfOne Hlp Assessment In Malakal One Hlp Assessment In Bentiu And One Rule Of Law Assessment InBentiu It Is Anticipated That This Would Involve Around 14 Days Of Consultancy Time In Malakal Town And14 Days In Bentiu But Consultants Are Free To Propose An Alternative Methodology Page 3 Drc Hlp Assessment Tor03 2 Key TasksPreparation Approx 14 Days 01 1 Develop Inception Report For The Three Assessments Including The Hlp Legal Analysis ActorMapping Methodology Appropriate For The Bentiu And Malakal Contexts 01 2 Conduct Desk Review And Identify Gaps In Available ResearchField Research Approx 28 Days 02 1 Conduct Primary Field Research In Malakal And Bentiu Including Engagement With Communities Implementing Agencies And Other Key Stakeholders Ensure All Key Stakeholders PerspectivesAre Taken Into Consideration Through Multiple Fgds Kiis And Other Tools 02 2 Work Closely With The Drc Bentiu And Malakal Teams Particularly With The Area Managers Protection Managers And Safety Advisors On Methodology And Implementation Of TheAssessment As Well As Consult The Head Of Programmes Meal Coordinator And ProtectionCoordinator Based In Juba Drc Field Teams Will Support With Setting Up Of Appointments 02 3 Compile And Analyse Field Research Data In A Clear Manner And Format 02 4 When Feasible Provide Capacity Building To Drc Field Staff On Identified Hlp Concerns LegalStructures And Processes In Place And Conflict Sensitive Approaches To Hlp And LegalProgramming This Could Be In The Form Of Discussions And Capacity Building Sessions On IssuesAnd Concerns Identified Reporting Approx 18 Days 03 1 Present Preliminary Findings To Key Drc Staff Presentation Of Findings Through ValidationSession Workshop Provide Programme Guidelines Outlining Opportunities And Constraints 03 2 Share Draft Reports With Drc Staff 03 3 Incorporate Drc Feedback Into The Final Reports 03 4 Submit Three Final Assessment Reports 03 3 MethodologyThe Methodology Should Include An Initial Desk Review Of Key Literature Available Combined WithQualitative Interviews With Key Informants In Bentiu And Malakal Attention Should Also Be Given To EnsurePerspectives From Women And From Marginalized Groups Are Taken Into Account And ConfidentialityProcedures Should Be In Place To Ensure The Safety Of Informants Care Will Be Taken To Ensure That TheDifferent Stakeholders Are Free To Express Their Views Without Interference Or Concerns Of Reprisals ThePrecise Methodology Will Be Agreed Upon Between The Consultant And Drc Before AssessmentActivities Commence With The Methodological Outline Provided By The Consultant As Per This TenderAt On The Inception Report Drc Shall Provide Copies Of Relevant Documentation Deemed EssentialFor Effective Assessment The Methodology Shall Include A Review Of Other Hlp And Rule Of LawAssessment Initiatives Around The Country To Ensure That The Methodology And Terminology UsedAre In Line With Ongoing Protection Cluster Efforts To Map And Analyse Hlp Concerns And Local JusticeMechanisms In South Sudan 03 4 Key Deliverables OutputsInception Report With Finalized Methodology For The Legal Analysis Actor Mapping Adapted To TheMalakal And Bentiu Contexts The Inception Report Should Also Include The Finalised Activity Plan WithTimeframe And A Structural Outline Of The Three Assessment Reports The Inception Report Should BeShared And Approved By Drc Before Commencement Of The Data Collection And Analysis An Initial Desk Review That Will Inform The Focus Of Key Informant Qualitative Interviews Validation Workshop Presentation Where Preliminary Findings Analysis And Recommendations ArePresented To Key Drc Staff In Malakal Bentiu And In Juba Page 4 Drc Hlp Assessment TorThree Synthesis Reports With Research Findings Analysis And RecommendationsReview And Integration Of Drc Feedback Into Synthesis Reports The Final Reports Maximum 30 Pages Excluding Cover Pages And Annexes With Photos And InfographicsShould Be Submitted To Drc No Later Than One Week After The Consultant Has Received Feedback From AllRelevant Programme Staff On The Draft Report The Above Deliverables Shall Be Presented As Follows Inception Report Draft Reports And Powerpoint Presentation With Synthetised Findings And Recommendations Three Final Reports Hlp Assessment In Malakal Hlp Assessment In Bentiu And Rule Of LawAssessment In Bentiu The Aforementioned Deliverables Will Be Accompanied By RegularCommunication With And Feedback To The Drc Team DrcS ResponsibilitiesDrc Ddg Will Cover And Arrange The ConsultantS Travel International And In Country Visa Cost AndAccommodation In The Field Including Identifying And Paying Enumerators If Necessary Provide Ongoing Security Advice And Support As Necessary For Travel To Field SitesFacilitate Engagement With Key StakeholdersProvide All Necessary Project DocumentsNote The Payments Will Be In Two Instalments 30 After Submission Of Inception Report And 70 AfterThe Completion Of The Task And Submission Of Final Acceptable Report To Drc Ddg Please Note That A Partial Payment Hold Back Will Be In Effect Until A Final Report Has Been ApprovedBy Drc Ddg Reporting ArrangementsThe Consultant Will Report To The Drc Ddg Area Managers And The Protection Coordinator At Juba Level During The Period Of The Consultancy Duration Of AssignmentThe Assignment Will Be Approximately 60 Days With A Minimum Of 28 Days Spent In The Field MalakalAnd Bentiu Conducting The Research Days Will Also Be Considered For Preparation Desk Review And PostfieldworkAnalysis And Report Compilation The Field Research Will Start As Soon As Possible With The Final Data And Synthesis Report Submitted ToDrc The Assignment Should Last No Longer Than Three Months Including Desk Reviews Field Work Finalization Of Reports And Validation Workshop With Drc Staff Prioritisation Of Work Will Be Decided On InCollaboration With Drc Upon Signing Of Contract Expected Profile Of ConsultantDiploma Degree In Relevant Field Of Law Social SciencesExcellent Understanding Of Relevant Legal Issues And Legal Mapping Previous Proven Experience OfConducting Hlp And Legal Systems AnalysisStrong And Proven Research Skills And ExperienceStrong Understanding Of The South Sudan Context Bentiu And Malakal Context Is Desirable TheHumanitarian System Protection Risks And Conflict Dynamics In South SudanPage 5 Drc Hlp Assessment TorWillingness And Ability To Travel To Bentiu And MalakalGood Communication Skills Including Report Writing In EnglishCover Expences Related To Food Insurance And Any Other Cost Which Is Not Covered Mentioned ByDrcTerms ConditionsThe Consultant Must Abide By All Of Drc DdgS Standard Procedures Including The Code Of ConductAnd Confidentiality Policies All Data And Information Collected And Any Reports As Well As TheMethodology Of The Study Will Be The Property Of Drc Ddg The Research Is Expected To Require At Least 28 Days Of Field Research In Addition To Preparation AndPost Fieldwork Analysis And Report Compilation Which Would Not Be Longer Than 60 Days Total GeneralDrc Ddg Has A Humanitarian Accountability Framework Outlining Its Global AccountabilityCommitments All Staff And Consultants Are Required To Contribute To The Achievement Of This Framework Http Bit Ly 2Rhgjkg Application ProcessInterested Applicants Who Meet The Required Profile Are Invited To Submit An Expression Of Interest Eoi In English To Drc Online Via Www Drc Dk Under Vacancies The Eoi Should Include A Suitability Statement Including Cv Of Consultant With Details Of Qualifications And Experience Technical Proposal That Summarizes Understanding Of The Tor Methodology And Tools To Be Used Work Plan Indicating The Activity Schedule Financial Proposal Providing Cost Estimates And Consultancy Fees Nb Applications That Fail To Include One Or More Of These Elements Cannot Be Considered How To Apply Visit Www Drc Ngo

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