SUPPORTING ACCESS TO JUSTICE, FOSTERING EQUITY AND
PEACE (SAFE)
TERMS OF REFERENCE FOR DEVELOPING
A SENSITIZATION TOOLKIT FOR TRADITIONAL
LEADERS AND ELDERS ON LAND LAWS AND LOCAL
GOVERNMENT PROCEDURES.
________________________________________________________________________
Plot 9 Lourdel Road - Nakasero | P. O. Box 75130, Kampala - Uganda.
Office Telephone N◦ 0414 531 990.
Contents
List of Abbreviations ....................................................................................................................................... 3
1.
BACKGROUND INFORMATION ........................................................................................................ 4
1.1
Summary.......................................................................................................................................... 4
1.2
Programme Overview. .................................................................................................................... 4
1.3
Target group and Beneficiaries ....................................................................................................... 5
2.
CONSULTANCY OBJECTIVES, PURPOSE & EXPECTED RESULTS .................................................... 5
2.1
Overall objective ............................................................................................................................. 5
2.2
Deliverables..................................................................................................................................... 6
2.3
Activities of the assignment ............................................................................................................ 6
3.
LOGISTICS AND TIMING ..................................................................................................................... 6
3.1
Location .......................................................................................................................................... 6
3.2
Commencement date & Period of execution ................................................................................. 7
4.
REQUIREMENTS .................................................................................................................................... 7
4.1
Expertise required .......................................................................................................................... 7
5.
PAYMENTS AND QUALITY ASSURANCE .......................................................................................... 7
6.
EVALUATION OF PROPOSALS............................................................................................................ 8
6.1
Organisation and methodology – 40% points................................................................................. 8
6.3
Financial Proposal – 25% points ...................................................................................................... 9
6.4
Evaluation grid ................................................................................................................................. 9
7.0
SUBMISSION OF PROPOSAL(S) ....................................................................................................... 9
2
List of Abbreviations
ADR
Alternative Dispute Resolution
ALC
Area Land Committee
CSO
Civil Society Organisation
DLB
District Land Board
GoU
Government of Uganda
JLOS
Justice Law and Order Sector
LRA
Lord’s Resistance Army
MLHUD
Ministry of Lands, Housing and Urban Development
MoLG
Ministry of Local Government
SAFE
Supporting Access to Justice, Fostering Equity and Peace Program
ToT
Trainer of Trainers
US
United States
USAID
United States Agency for International Development
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1.
BACKGROUND INFORMATION
1.1
Summary.
The purpose of this Terms of Reference (ToR) is to solicit from Consultants proposals on a
fixed price basis to develop a Sensitisation Toolkit designed to inform traditional leaders and
elders of the contents of the Uganda Land Act and other land related legislation and of local
government procedures for land administration and adjudication. The Toolkit will also invite
leaders and elders to evaluate their traditional norms against national legal and human rights
norms. The Toolkit is aimed at supporting awareness activities envisaged under the Supporting
Access to Justice, Fostering Equity and Peace (SAFE) Program. It will be drafted in a format
accessible to literate and semi-literate populations, providing straightforward explanations
through examples and exercises that resonate with local realities in the Program target districts.
1.2
Programme Overview.
The United States Agency for International Development (USAID) – Uganda SAFE is a five-year
Program (2012-2017). The Program is implemented by a consortium of three organisations;
National Centre for State Courts (NCSC), Global Rights and Search for Common Ground.
The Program’s overall objective is to enforce USAID-Uganda’s Mission Development Objective 2
(democracy and governance systems strengthened and made more accountable), Intermediate Result
2.2 (enabling environment improved for service delivery) and 2.3 (peace building and conflict mitigation
strengthened) by strengthening the Government of Uganda’s (GoU) capacity in peace building and
conflict mitigation. The Program focuses on enhancing the capacity of local actors, and
strengthening mechanisms for resolving and mitigating conflicts related to land, the discovery of
oil, cultural and ethnic diversity, addressing residual effects of the Lord’s Resistance Army (LRA)
conflict in northern Uganda, and transforming emerging conflicts into peaceful outcomes.
SAFE Program provides technical assistance, training, grants and capacity building for Local
Government structures, CSOs and other non-state actors to mitigate land conflicts and prevent
emerging conflicts. It will work with District Land Boards (DLBs), Area Land Committees
(ALCs), CSOs and established traditional/community based dispute resolution mechanisms.
Program activities will be coordinated with the GoU, USAID Uganda Mission and other
development partner’s activities. In addition, Program implementation will seek to address crosscutting principles of gender, youth, population, anti-corruption, and oil production.
The Program has two (2) thematic focus areas, which aim to fulfil the following main objectives:
Component I: Improved Access to Justice.
Access to justice, particularly by the poor and disadvantaged, to fair, effective and accountable
mechanisms for the protection of rights and resolution of conflicts, is critical to development. If
left unmitigated, land related disputes have the potential for widespread violence.
Component I therefore aims to improve access to justice by supporting local government
institutions responsible for land administration and management, adjudication of land disputes,
and Alternative Dispute Resolution (ADR) mechanisms for customary land as measures to
mitigate conflict. Component I target districts include: Amuru, Arua, Buliisa, Gulu, Hoima, Jinja,
Kibaale, Kiboga, Lira, Masaka, Masindi, Mbale, Mbabara, Mityana, Moroto, Mukono, Nebbi,
Tororo, Soroti and Wakiso.
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The Program will channel resources to: a) strengthen the capacity of formal institutions
responsible for the management, administration and enforcement of land rights, and resolution
of land disputes; b) improve linkages between formal and informal rights and institutions; and c)
increase the capacity of Ugandan CSOs to facilitate access to justice and legal services, as well as
disseminate information, and educate the public on land rights, and monitor local government
and traditional structures.
Expected results under Component 1 include;
1. Institutions for land administration and dispute resolution made more accountable and
accessible.
2. Administrative land management and legal aid services made more efficient.
3. Legal awareness on land matters increased.
4. Non-state actor oversight improved.
Component 2: Enhanced Peace and Reconciliation.
Component 2 aims to enhance peace and reconciliation processes towards reducing conflict and
promoting peace gains. Through Component 2, USAID-SAFE will facilitate the prevention and
transformation of emerging conflicts by supporting and building the capacity of Ugandan CSOs to
respond to emerging conflict dynamics. The Program will work with existing networks within
civil society, and local government to promote peace and reconciliation, foster social inclusion,
and address the root causes of conflict.
Expected results under Component 2 include;
1. Emerging violent conflict transformed into peaceful outcomes.
2. Enhanced processes for community reconciliation.
1.3
Target group and Beneficiaries
Ugandan citizens are the final beneficiaries of this Program and activities will be implemented
through close collaboration with the key stakeholders in the Ministry of Lands Housing and
Urban Development (MLHUD), Ministry of Local Government (MoLG), Justice, Law and Order
Sector (JLOS), Local Government Officials, traditional and cultural institutions as well as CSOs,
among others.
2.
CONSULTANCY OBJECTIVES, PURPOSE & EXPECTED
RESULTS
2.1
Overall objective
The overall objective of this assignment is to develop a comprehensive Sensitisation Toolkit to
inform traditional leaders and elders of the contents of the Uganda Land Act and other land
related legislation and of local government procedures for land administration and adjudication.
It is aimed at enlightening traditional leaders and elders on ADR mechanisms for resolution of
land disputes and improving linkages between traditional authorities, and formal land
administration and adjudication institutions. The Toolkit is intended to invite traditional leaders
and elders to evaluate their norms against national legal and human rights norms. It will take into
account the Program’s cross-cutting themes which include; gender, youth, population, anticorruption and oil production. It shall be in English with appropriate illustrations for easy
reference putting into consideration its target users.
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2.2
Deliverables
The consultant shall be expected to deliver the following outputs that will have to be approved
by the Program. The proposed deadlines and payment schedule for each of the deliverables is
contained in section 5 of the ToR.
1. An outline of the contents of the proposed Sensitization Toolkit putting into
consideration major findings of review of the Land Act and land related laws, sensitisation
toolkits and of local government procedures for land administration and adjudication.
One (1) hard copy and electronic copy of the outline and review report of related
literature should be submitted. For reference, attached is the SAFE Program desk review
report of exisiting sensitization toolkits for traditional leaders and elders on land laws and
local government procedures.
2. The draft Sensitiation Toolkit submitted to and approved by the SAFE Program.
3. Report of the validation meeting of the Toolkit to be attended by representatives of
USAID SAFE, MLHUD, JLOS, traditional institutions and cultural institutions as well as
land rights CSOs.
4. The final Sensitization Toolkit (1 hard copy and electronic copy).
5. Consultancy report. (1 hard copy and electronic copy)
2.3
Activities of the assignment
The specific activities of this assignment shall include developing a Sensitisation Toolkit designed
to enhance the knowledge of the traditional leaders and elders of the contents of the Uganda
Land Act and other land related legislation and for the purposes set out in section 2.1. The
consultant will in addition be responsible to:








Review the Land Act, land related laws, (local government procedures for land
administration and adjudication) and existing sensitization tool kits for traditional leaders
and elders.
Visit and hold interviews with MLHUD, Local Government officials and CSOs that have
developed sensitisation toolkits for traditional leaders and elders. Conduct visits and
interviews with traditional leaders and elders at the district level.
Adapt and update the Toolkit for Sensitization of Traditional Leaders and Elders.
Prepare an outline of contents of the proposed Toolkit submitted to SAFE Program for
approval.
Facilitate a validation meeting to present the draft Toolkit to be attended by
representatives of USAID SAFE Program, CSOs, MLHUD, JLOS, MoLG as well as
traditional and cultural institutions among others.
Write a report of the validation meeting.
Prepare and timely submit the Final Sensitisation Toolkit.
Prepare a consultancy report.
3.
LOGISTICS AND TIMING
3.1
Location
The assignment will be executed in Kampala and upcountry with traditional leaders and elders as
well as CSOs and/or CBOs working with traditional and cultural institutions.
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3.2
Commencement date & Period of execution
The intended commencement date is November 18, 2013. The period of execution of the
contract will be 20 working days. Six (6) working days for review of existing Toolkits and
meeting with relevant officials as well as developing and submission of the proposed outline of
contents of the Toolkit. Six (6) working days to develop the draft Toolkit including one (1) day
to present the draft at a validation meeting. Seven (7) days to deliver the final Sensitization
Toolkit.
4.
REQUIREMENTS
All expressions of interest should include:
a) A cover letter: A short (maximum three pages) letter addressing the base line criteria.
b) Technical Proposal: A brief explanation about the Consultant with particular emphasis
on the previous experience in related areas; profile of the Consultant and curriculum
vitae, understanding of the ToR and the task to be accomplished.
c) Financial Proposal: The financial proposal should provide cost estimates for services
rendered including daily consultancy fees and a completed bio-data form (see sample
annexed). The proposal should also include estimates for transport cost; stationery,
supplies, printing and copying. Costs of the review/feedback meeting to present the draft
Toolkit should be excluded.
4.1
Expertise required
The following attributes are required for the selection of the Consultant:
a) Postgraduate qualifications in human rights, law or a discipline relevant to this assignment
with a minimum of 5 years work experience on land matters,
b) Competence and experience in training and developing materials on Land Rights,
c) Knowledge and experience in capacity building for traditional leaders with particular
focus on land administration, adjudication, management and dispute resolution,
d) Proficiency in English, and
e) Possession of excellent report writing skills.
5.
PAYMENTS AND QUALITY ASSURANCE
The Program will make progress payments based on the percentages of the contract price set
forth below upon submission of deliverables provided hereunder and acceptance. Progress
payments will be made within 5 days of acceptance of each deliverable.
4.
Deliverable
Adapt and update existing
Sensitisation Toolkits.
Review and feedback on revision
of existing Toolkits and other
relevant materials as well as
meeting with relevant officials.
Outline of the content of the
proposed Toolkit.
Draft Sensitization Toolkit.
5.
Report of validation meeting to
N◦
1.
2.
3.
Deadline
Not later than six (6)
working days from
commencement of the
assignment
Percentage payment
Advance payment 40%
Not later than seven (7)
working days following
USAID SAFE input to
Additional payment 20%
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6.
be attended by the Program and
her partners
Final Sensitisation Toolkit
deliverables 1,2 and 3
Not later than Seven (7) Final payment 40%
days after the validation
meeting
The responsible body shall be USAID SAFE Program. The Consultant will report directly to the
Access to Justice Advisor who will review all deliverables. In addition the Access to Justice
Advisor and/or Chief of Party will accept all deliverables in writing. The Chief of Party gives final
approval t all work products. The progress of the Consultant’s performance during the period of
the assignment will be monitored and evaluated by the USAID SAFE Team through but not
limited to progress meetings, telephone calls as well as review and acceptance of all deliverables
prior to payment.
6.
EVALUATION OF PROPOSALS
The proposals will be examined and evaluated by the SAFE Program team. All proposals
submitted will be assessed according to the following steps and criteria. The evaluation grid is
also attached.
6.1
Organisation and methodology – 40% points
Rationale
Any comments on the Terms of reference of importance for the successful execution of
activities, in particular its objectives and expected results, thus demonstrating the degree of
understanding of the assignment. An opinion on the key issues related to the achievement of the
assignment objectives and expected results. An explanation of the risks and assumptions affecting
the execution of the assignment.
Strategy
An outline of the approach proposed to implement the assignment. A list of the proposed
activities considered to be necessary to achieve the objectives of the assignment. The related
inputs and outputs. A description of the support facilities (back-stopping) that the consultant will
require from the Program during the execution of the contract.
Timetable of activities
The timing, sequence and duration of the proposed activities, taking into account review of
existing sensitisation toolkits for traditional leaders and elders. The identification and timing of
major milestones in execution of the assignment. The expected number of working days
required during the period of execution of the contract not exceeding 15 days.
6.2
Consultant – 35%
The consultant should possess the academic qualification and experience necessary to
successfully execute the assignment. The consultant should in particular cite past performance in
developing sensitization toolkits for traditional leaders and elders. A detailed Curriculum Vitae
(CV) should also be submitted.
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6.3
Financial Proposal – 25% points
Consultant should provide a detailed cost budget setting forth all associated costs to the
assignment.
6.4
Evaluation grid
Description
Organisation and methodology
Rationale
Strategy
Timetable of activities
Total score for Organisation and methodology
Consultant
Qualifications and skills
General professional experience
Specific professional experience
Total score for Consultant
Cost
Overall total score
Maximum
40%
35%
25%
100%
Strengths
Weaknesses
7.
SUBMISSION OF PROPOSAL(S)
Interested Consultants are invited to either submit:
a) Two (2) hard copies of the Proposal to:
The Chief of Party
USAID UGANDA – SAFE Program
9 Lourdel Road – Nakasero
P. O. Box 75130, Kampala – Uganda.
OR
b) An electronic copy of the proposal to: [email protected] by October 31 at 5:00
p.m.
c) Proposals should not exceed 30 pages, font size 12, line spacing 1.5 including annexes.
All requests for clarification related to the assignment should be directed to the Access to
Justice Advisor via email at [email protected] . Feedback will be provided to all applicants on
the outcome of the process. No phone calls please.
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