Minority rights Group International Invitation to tender for consultancy

Preventing neighbouring and inter-communities’ conflicts: ethnic minorities’ land and water rights issues in Kenya / Southern Sudan / Uganda

Minority Rights Group International (MRG), an international INGO, is seeking to hire the services of a qualified independent expert consultant, extensively experienced and well versed with issues of conflict prevention, land and water rights in East Africa (Kenya, southern Sudan and Kenya) in relation to minorities and indigenous peoples.

Terms of Reference

Research Aim

As part of its project on Preventing Inter-community conflicts in East Africa, Minority Rights Group International (MRG), an international human rights organisation, seeks to recruit an Author on a consultancy basis to undertake a research to investigate and gather information on land and water rights issues for minority communities in Kenya, southern Sudan (Jonglei State) and Uganda and to draft a report based on the findings.

Ideally, the author would be a national of one of the target countries with proven knowledge and experience of work on the issues in all three countries. The author will work under the supervision of MRG Project Coordinator and with support for MRG’s in-country partner organisations to prepare the first draft of the report.

The research, including a field to Kenya, southern Sudan (Jonglei State) and Uganda if security permits, will provide the core information for the publishing of a comprehensive MRG report of 20,000 words (in English), focusing on the situation in each target country on how to predict, prevent and manage conflicts over natural resources that involve and/or affect minority communities.

The research should also assess the capacities for early warning, including monitoring of ethnic tensions over access to resources, poverty patterns, and minorities’ participation in decision-making in the three countries.

That should include the assessment of capacity building needs among the governmental agencies in each country to carry out a comprehensive analysis and implement sensitive land forest and water allocation and management programmes for conflict prevention and/or management.

The assignment would require the author to pay visits to each target country and liaise with MRG in-country project partner organisations (Endorois Welfare Council (EWC) and the Ogiek Peoples’ Development Programme (OPDP) in Kenya; the Centre for Conflict Resolution (CECORE) in Uganda, and the Boma Development Initiative (BDI) in southern Sudan.

The partners will serve in providing support to the consultant in each target country to give advice and set up meetings with relevant stakeholders. During her/his field work, the author will be expected to carry out in-depth interviews with key civil society actors and gain a better understanding of communities’ concerns.

S/he will visit the three target countries and consult with a wide range of community representatives regarding the needs and demands of each community, and the issues they face with regard to natural resources conflicts, as well as with (where appropriate) decision-makers in local and national government, civil society organisations, staff of international aid agencies, intergovernmental organisations (e.g. EU, UN, AU and IGAD); international NGOs present in the respective countries, missions of neighbouring countries and those engaged in providing support to development; local and foreign academics and research.

The published report will be disseminated to all of these activists, decision-makers and opinion formers as well as a core of international advocacy targets. The research will include collecting data on minority groups and individuals, including community groups; collection of narratives of minority experiences and case studies vis-à-vis land and water rights issues the communities face in the target countries.

Specific consideration of gender issues in relation to impediments or obstacles of minority women in exercising their rights will be included. The author will present the key issues, including issues around multiple discrimination affecting women, elderly, youth and disable people in ethnic minority communities.

The research will comprise essential historical, political and legal background frameworks relevant to minority rights. The report will include practical and implementable recommendations to promote resolution of land and water conflicts in Kenya, southern Sudan and Uganda. The final publication will be edited and published by the end of the year in English and disseminated widely by MRG.

Funding Available and Contractual Considerations

This research is part of a three-year European Commission-funded project. The report is one component of the project and will be followed by strategic advocacy, promotion and will complement the capacity-building activities undertaken during the project.

The consultancy fee offered to the consultant is of EURO €5600 for the research and compilation of high quality, verified, up-to-date and well presented information and report writing. We are not offering a daily rate but we would envisage that the consultant would need to spend at least 60 days on this project including relevant travel across the three African countries.

There is a separate budget for travel, accommodation and subsistence and other direct costs of EURO €7000 to be duly receipted and accounted back to MRG in line with EC guidelines. Payment procedures are fixed within the timescale of the project and in accordance to Minority Rights Group International (MRG) internal policies and contractual procedures.

Outputs and Outcomes

We require the following consultants’ reports activities:
  • Present a synopsis prior signing of the contract.
  • Carry out significant field and desk research during June/July 2011, with travel to Kenya, Southern Sudan (Jonglei State) and Uganda during this period, in line with the outline delivery plan and agreement with MRG.
  • Provide a draft report as contracted by the end of August 2011.
The consultant will produce a detailed written report (including relevant testimony case studies and field data/findings) to MRG on by mid August 2011.
  • Revised second draft by mid October 2011.
  • Final report to be published by December 2011.
Methodology

MRG does not wish to be prescriptive in terms of methodology which will depend partly on conditions in the three countries. The research will consist of a combination of field and desk research.

The assignment, however, should consist of a combination of field and phone interviews (also facilitated by MRG in-country partner organisations), fact-finding investigations, and desk research.

Due to the security implications in southern Sudan, consultants will be required to arrange for professional indemnity insurance at a minimum level of £1m. Please state level of cover in the tender.

Focus areas for the research:

Transnational issues shared by ethnic minority communities in the three target countries

Rights and levels of access to land, water resources, and forests of minority communities in Kenya, southern Sudan (Jonglei State) and Uganda.

(a) analysis of ethnic minority tradition and practice with regard to minorities’ rights and access to land, forest and water resources, and their role and participation in community decision-making,

(b) assessment of the capacity of governmental agencies in each country to carry out a comprehensive analysis and implement sensitive land forest and water allocation and management programmes for conflict prevention and/or management,

(c) recommendations to build capacity among minority communities to prevent escalation of tensions and conflict over natural resources access or exclusion, use and foreign and/governmental exploitations, including through the use of communities’ traditional conflict resolution mechanisms.

Assessment of the potential of legal provisions, for example the African Charter on Human And Peoples’ Rights, to serve as a framework for the effective prevention and regulation of conflicts over land, water and livestock, particularly in the light of relevant rulings of the African Union under this Charter.

Identification of measures to develop ethnic minority communities’ capacity in the focus countries to participate effectively in conflict prevention/resolution and development programmes over governmental natural resources management; identification of evidence of breaching of minority communities’ rights over natural resources (land and water rights particularly).

Working under MRG Programmes Coordinator direct supervision, the consultant will be expected to:
  • Provide a synopsis to MRG, including envisaged methodology for the collection of data and how to obtain and analyse primary information on the issues faced by the target communities with regard to natural resources’ conflicts management, as well as with relevant decision makers at local and national level using all possible means/tools. These can include but not be limited to focused Group discussions and key informant interviews with staff of the four organizations in the three Eastern African Countries, representatives of a broad range of communities, particularly those listed below.
Report target communities

Kenya:
  • Endorois
  • Ogiek
  • Maasai
  • Turkana
  • Samburu
  • Somali minority refugees
Uganda:
  • Twa
  • Basongora
  • Karamajong
  • Iteso
South Sudan (Jonglei State):
  • Murle
  • Inuak
  • Dinka
  • Nuer
  • Toposa
  • Kachipo
  • Jie
Desk review of secondary data for information on natural resources conflict management in Kenya, southern Sudan (Jonglei State) and Uganda, including Government policies, reports, legislations, and other relevant publications

Analytically examine institutional frameworks in relation to the land and water management in Kenya, southern Sudan and Uganda.

Clearly, concisely and coherently document evidence of challenges and opportunities that indigenous and minority groups face in Kenya, southern Sudan (Jonglei State) and Uganda with regard to land and water resources’ ownership and use.

Prepare and submit a comprehensive report on the findings, complete with recommendations on how to bridge gaps and address identified challenges to MRG.

Timeline
  • Friday 6 May 2011 - Deadline for submission of tender
  • w/c 9 May 2011 - Review and selection of consultants (including phone interviews)
  • 23 - 30 May 2011 - Appointment and briefing of Author (consultant)
  • June – July 2011 - Field and desk research
  • End of August 2011 - Submission first draft report
  • Mid October 2011 - Submission of final report
Application Specification & Closing Date

Proposals should cover methodology, an indication of likely interviewees, indicative travel plans and an indicative budget and should be submitted via email or hard copy to marusca.perazzi@mrgmail.org no later than Friday 6th May 2011 (5:00pm UK time).

As an equal opportunities employer, MRG aims to ensure that no applicant receives less favourable treatment on the grounds of age, gender, ethnicity, religion or belief, marital status, sexuality or disability.

Selection criteria and procedures are designed to ensure that individuals are selected, promoted and treated on the basis of their relevant merits and abilities.

We ask applicants to be available for a telephone interview on w/c 16th May 2011.

Consultants wishing to tender for this work must submit:
  • A covering letter explaining your reasons for applying quoting Reference EAPBSUD 11
  • CV, outlining relevant skills and experience to meet the tender requirements.
  • Three contactable referees.
  • Any supporting evidence that demonstrates how you meet the criteria, such as examples of previous work, articles and publications.
  • Any time limitations or constraints to your availability during the tender period.
Assessment and Selection Criteria

Tenders must establish to MRG’s satisfaction:

The applicants will be judged on the basis of the following:
  • demonstrated knowledge and experience in similar field research;
  • approach to issues specified in the tender;
  • experience of writing similar publications, as well as monitoring and documenting and knowledge of practical research methodology;
  • demonstrated experience in human rights; specific expertise on land and water rights and minority rights would be an asset; knowledgeable about the different aspects of working with minority communities and well informed about the current state of affairs in the area of research;
  • demonstrated understanding of issues around early warning, conflict prevention and management, particularly with regard to management of land, water and livestock, and conflicts between ethnic communities;
  • fieldwork or other direct research on assessing situation in field of peoples’ natural resources access;
  • demonstrated experience in the geographical area(s) – Southern Sudan, Kenya and Uganda would be preferred;
  • relevant network of contacts in the field;
  • demonstrated experience in working to deadlines and achieve research project requirements to the satisfaction of MRG Project Coordinator;
  • proven report-writing skills in English;
  • ability to work cooperatively also with MRG partner organisations based in the regions to allow the achievement of common goals and shared objectives;
  • candidates must be fluent in spoken and written English; fluency in any of the local languages would be considered a plus.
  • experience of research and interviewing, with due regard to relevant issues of security, confidentiality and research ethics;
  • candidates must disclose any political involvement in affairs which might present a conflict of interest or disqualification in regard to the impartial and non-political nature of this project and MRG’s mission in general;
  • demonstrates awareness and sensitivity to gender and diversity.
The Decision Making Process

A tender panel will assess the proposals against the criteria set out above on in the second week of 9 May 2011. MRG regrets to inform that only shortlisted candidates will be notified of the decision.

Questions & Further Information

For any questions about the procedure for the tender, please contact marusca.perazzi@mrgmail.org or chris.chapman@mrgmail.org

Questions on the invitation to tender and substance of the assignment can be addressed to Marusca Perazzi, at marusca.perazzi@mrgmail.org

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