Background

This Consultancy is part of the Amerindian Land Titling (ALT) Project being implemented by the Ministry of Amerindian Affairs (MoAA) in partnership with the United Nations Development Programme (UNDP) Guyana. The ALT is an aspect of Guyana’s Low Carbon Development Strategy (LCDS) which emphasizes the importance of protecting land rights of, and expanding opportunities for, the indigenous peoples especially those who depend on forest resources as a means of livelihood. In particular, the Government of Guyana has set the policy objective of addressing all land titling issues for Amerindian villages by 2015 and has dedicated for this purpose substantial funding from the Guyana REDD+ Investment Fund (GRIF).

The ALT Project specifically seeks to facilitate the demarcation and issuance of titles to Amerindian villages as set out in the Project Document. It is expected that titling of community lands will strengthen land tenure security and the expansion of the asset base of the Amerindian peoples, thereby enabling improved long term planning for their future development.

The ALT Project is obviously complex. It involves multiple stakeholders and processes all of which have to come together harmoniously or with minimum disruptive conflict whilst observing international norms with respect to the rights of indigenous peoples. In this regard, an aspect of the project requires, 1) the strengthening of the dispute resolution (DR) capacities of stakeholders in the project and, specifically, the training of at least 210 persons in dispute resolution and negotiations skills; and 2) the full application of the Free, Prior and Informed Consent (FPIC) framework of social safeguards with respect to the rights of the communities who will be affected by the project in keeping with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

The Consultancy

The UNDP, as the agency directly responsible for the aspects of the project dealing with dispute resolution capacity and the FPIC safeguards, seeks the services of an Individual Contractor (IC) to carry out a baseline assessment to inform the training in DR and FPIC application; to develop training content for FPIC awareness among project stakeholders; and to carry out training on FPIC.

Purpose

The purpose of the consultancy is to provide baseline and evidence based information on the existing dispute resolution capacities and FPIC awareness, if any, among the ALT Project stakeholders in the project areas; identify capacity needs and entry points; provide a basis for determining who would need to participate in the dispute resolution and FPIC training workshops; and develop training content on FPIC.

Scope of Work

The Scope of Work in this assignment will unfold in three interrelated phases and have:
Phase One:Baseline assessment on Dispute Resolution capacities and FPIC awareness
Phase Three:Training on FPIC for selected project stakeholders

Management of the Consultancy

The IC will report to the Policy Specialist in the office of the Resident Representative, UNDP Guyana. Quality assurance will be provided by the Programme Specialist, Environment Extractive Industry and Energy, UNDP Guyana.

Duties and Responsibilities

Schedule and Deliverables, Phase One:

  • Develop an Inception Report (inclusive of  methodology, process and schedule for the assessment);
  • Hold consultations with MoAA and UNDP Project Teams;
  • Hold consultations with other relevant stakeholders as indicated by MoAA and UNDP;
  • Develop an itinerary for visits to a representative sample of the project villages.

Deliverable 1: Within 5 days of signing the contract: An Inception Report detailing the methodology, process and schedule to be followed for the assessment submitted to UNDP for approval:

  • Carry out an assessment of existing capacities, gaps and entry points for training in DR and FPIC according to the agreed methodology and schedule

Deliverable 2: A Report of the Assessment to include, but not limited to:

  • Overview of status of DR capacities and knowledge of FPIC among project Stakeholders
  • Possible points and sources of dispute during the demarcation and titling process
  • Overview of capacity needs with regard to dispute resolution
  • A mapping of possible and strategic entry points for DR and FPIC capacity building and application, including leaders within community structures, women, young people and other key individuals
  • A suggested basis/formula for determining how the 210 participants to the DR and FPIC training workshops could be selected from among the project villages

Specific Tasks and Deliverables, Phase Two
Develop training content on FPIC for ALT Project stakeholders as identified in Phase 1 and develop a schedule for training workshops:

  • Develop and discuss an outline of the training content with MoAA and UNDP;
  • Develop FPIC training content for multiple audiences including the ALT Project Team; project stakeholders in Georgetown; and project beneficiaries in Amerindian villages;
  • Consult and coordinate with the Dispute Resolution expert at UNDP on a schedule for the delivery of a joint DR-FPIC 4-day training workshop in various sites as identified in Phase One.

Deliverable 3: Training content on FPIC which is adaptable and suited to various audiences and a schedule for the delivery of 4-day workshops in the identified sites

Specific Tasks and Deliverables, Phase Three

  • Working alongside the DR expert at UNDP and serving as the FPIC expert, deliver training workshops as per the agreed schedule and target audiences.

Deliverable 4: A joint report (with the DR expert) on the workshops held and, in particular, documenting the number of training participants by gender; any issues arising regarding FPIC and disputes which may require follow-up; and any agreements among stakeholders on future steps.

Competencies

  • Tracks bottlenecks, problems and issues, and proposes solutions;
  • Recognises problem areas and identifies solutions;
  • Develops innovative and creative approaches to meet programme and capacity development objectives;
  • Demonstrates sensitivity for and ability to work in culturally diverse settings;
  • Ensures that social, environmental and fiduciary safeguards and standards are in keeping with UN/UNDP requirements;
  • Demonstrates the ability to engage development partners at all levels in conceptual and methodological innovation that is pertinent to the global, national and local context;
  • Promotes conceptual innovation in the provision of technical expertise;
  • Excellent communication and writing skills;
  • An ability to engage participants.

Required Skills and Experience

Education:

Essential:

  • A Law degree or a degree in any of the social sciences, international development or related field from a recognised university.

Desirable:

  • An advanced degree in law or any of the social sciences, international development or related field.

Experience:

  • 5 years of outstanding experience of working with indigenous peoples;
  • Excellent grasp of UNDRIP and FPIC;
  • Demonstrable understanding of the specific development challenges affecting Amerindian communities, especially in Guyana;
  • Demonstrable appreciation of the local governance and decision-making structures and processes among Amerindians in the project villages;
  • Track record of previous study of the  nature required in Phase One; and of development and delivery of training on FPIC or related areas.

Language:

  • Excellent command of English language.