National Consultant - To Review targeted Laws, Draft Instructions and Gazette of By-laws under the Customary Land Records Act



Advertised on behalf of :

Location : Honiara, SOLOMON ISLANDS
Application Deadline :05-Jun-20 (Midnight New York, USA)
Type of Contract :Individual Contract
Post Level :National Consultant
Languages Required :
English  
Starting Date :
(date when the selected candidate is expected to start)
15-Jun-2020
Duration of Initial Contract :Up to 73 working days including travel days over a period of 5-months’ work assignment.

Background

Background

UN Women, grounded in the vision of equality enshrined in the Charter of the United Nations, works for the elimination of discrimination against women and girls; the empowerment of women; and the achievement of equality between women and men as partners and beneficiaries of development, human rights, humanitarian action and peace and security.

The UN Women Fiji Multi-Country Office has four main thematic areas:

  • Ending Violence against Women and Girls (EVAWG);
  • Women’s Economic Empowerment (WEE);
  • Gender and Protection in Humanitarian Action; and
  • Women’s Political Empowerment and Leadership (WPEL)

Under the WPEL programme are the ‘Inclusive Governance of Natural Resources for greater social cohesion in the Solomon Islands’ (IGNR) project (December 2019 to December 2021) is the third of the UN’s Peacebuilding Fund (UNPBF) programme in the Solomon Islands.  It is a project jointly implemented by UNDP and UN Women and aims to support partners to reduce actual or potential conflicts triggered by deficient legislative frameworks, private interest and lack of inclusivity with regards to decision on the use of land and natural resources and traditional governance in the Solomon Islands.

The Ministry of Lands, Housing and Survey through its relevant Customary Land Reform Division (Tribal Land Recording Unit) is mandated to provide policy guidance on how customary land is to be made available and accessible for future development.

In 2018, the Ministry of Lands with support from SPC and in conjunction with other customary land stakeholders commenced customary land recording in two pilot areas of Sahalu Ward in North West Guadalcanal and Barora Fa in Isabel Province.  The main intention and focus of the customary land recording process for these two pilot projects was to secure and strengthen customary land rights as relates to tribes, clans and landholding groups.

Key challenges encountered in the recording process was the management of customary land after it has been recorded. These key challenges include but are not limited to:

  • Conduct of tribal meetings;
  • Dismissal of customary landholding group representatives in the event of breach of duties. For example, misappropriation of tribal royalties;
  • The lack of women representatives on customary land committees;
  • No prior informed consent of tribal groups;
  • Benefit sharing ensuing from developments on customary land.

These are but some key issues challenging customary land development in Solomon Islands. Ultimately, there are no by-laws or regulations under the Customary Land Records Act that address the challenges above. For example, the appointment of customary landholding representatives was mainly done under the custom of succession which mostly included men.


Duties and Responsibilities

Objectives of the Assignment

Based on the above legislative gaps the general objective of the proposed project is to:

  • Consult and analyze relevant laws, policies, general norms and practices in Solomon Islands culture and their relation to customary lands.
  • Consult and analyze literature that relates to the recording of customary lands in Solomon Islands and stakeholder interests in recording customary lands with a view of drafting the required by-laws that would govern customary landholding groups and the management of their customary land after it has been recorded.
  • Ensure that all procedures and processes taken will incorporate the standards and principles of gender equality and human rights including the proposed drafting of the required by-laws.

Scope of Work/Duties and Responsibilities        

UN Women Fiji MCO is looking for an individual consultant to support the Customary Land Reform Division of the Ministry of Lands, Housing and Survey and UN Women to:

  • Carry-out a desk review of all existing documentation and includes but is not limited to:
  1. The Solomon Islands Constitution, being the supreme law of the land for consistency and its relation to customary lands in Solomon Islands;
  2. The Customary Land Records Act, Cap. 132;
  3. The Land & Titles Act, Cap. 133 and its relation to customary lands;
  4. The Policies of the ruling, Democratic Coalition Government for Advancement in so far as it relates to the recording of customary lands in Solomon Islands;
  5. The general norms and practices in Solomon Islands culture and their relation to customary lands;
  6. Other relevant laws and literature that relates to the recording of customary lands in Solomon Islands.
  • Consult with customary land stakeholders and hold discussion with by-law beneficiaries on the proposed by-laws and seek inputs, comments for the purposes of finalizing the draft by-laws ensuring the inclusion of women, youth and marginalized groups
  • Prepare drafting instructions of the required By- Laws.
  • Submit the drafting instructions to the relevant government authorities for approval.
  • After approval, proceed to facilitate the gazetting of the by-laws.
  • The Consultant must take into account the following considerations:
  1. Solomon Islands cultural and socio-political dynamics including thematic areas like poverty reduction, corruption, climate change, environment, human rights and gender equality;
  2. Ensure alignment with Solomon Islands customary land policies, priorities and mechanisms including commitments to gender equality and human rights such as CEDAW;
  3. Ensure coherence with the Constitution, Customary Land Records Act and other relevant laws relevant to customary land management and governance of customary land.

Duration of the Assignment

The total duration of this assignment is tentatively planned for up to 5 months starting with early June 2020 with task being accomplished by end November, with an estimated number of working days not to exceed 73 (seventy-three).

Under the overall supervision of Programme Specialist Gender Equality, Women’s Rights and Governance and in collaboration with the National Project Coordinator and the National Land Recorder, the Consultant will undertake the following tasks as outlined in Section V.

Expected Deliverables, Timeline and Payment

The consultancy will be monitored and evaluated through an output-based approach, where each component of deliverables are as listed below and UN Women shall pay the Consultant according to major Milestones completed, as follows:

#

Deliverables

Approximate number of days

Output

Deadlines

Payment %

1.

Review of relevant laws, policies, general norms, practices, literature with a gender lens

Up to 14 days

Report

6th July

20%

2.

Consultation with stakeholder interest groups in recording customary land

Up to 42 days

Report

July -  September 2020

20%

3.

Drafting of Policy Report to UN Women and National Recorder

Up to 5 days

Policy Report

9th October

20%

4.

Preparation of Drafting Instructions for Customary Landholding Group By-laws

Up to 10 days

Draft Byelaw

30th October

20%

5.

Submission of Drafting Instructions to Attorney General for approval

Up to 1 day

Endorsement Letter from AG

13th November

10%

6.

Submission to Secretary to Cabinet for Gazetting

Up to 1 day

Gazette Notice

November

10%

 

Total

73 days

 

 

100%

  • All the documents, including the interview tools and reports should be submitted in writing in English language.
  • The Consultant will submit drafts of all reports and documents to UN Women and the National Recorder at the Ministry of Lands, Housing and Survey (MLHS) for review and comment.  
  • UN Women and the National Recorder will review all documents and reports within one week of submission.
  • The Consultant will then submit final documents that incorporate and respond to UN Women the National Recorder feedback.
  • Upon receipt of the deliverables and prior to the payment of the installment, the deliverables, related reports and documents will be reviewed and approved by UN Women and the National Recorder within one week of submission.

Inputs

  • UN Women and the National Recorder will provide the Consultant with background materials for the desk review.
  • UN Women will also cover the costs of daily subsistence allowance (DSA) to target provinces as per standard UN rate, as well as the costs of in-country.
  • The consultant is expected to work remotely using her/his own computer but may access the UN Women office for printing of relevant documents or should he/she be required to work on-site at any point during the assignment. A 5-day working week is envisaged.
  • UN Women will also cover the costs for translation of printed materials as required throughout the duration of the assignment.

Management Arrangements

  • The Consultant will work under the overall guidance and direct supervision of UN Women Fiji Programme Specialist – Gender Equality, Women’s Rights and Governance (GEWRG) and in close collaboration with the National Project Coordinator UN Women and the National Recorder at the Ministry of Lands, Housing and Survey who will be coordinating and supporting the process.
  • The ultimate responsibility for accepting the quality of the drafting work as required by the Act is the National Recorder in close collaboration with the National Programme Coordinator and the Programme Specialist-Gender Equality, Women’s Rights and Governance UN Women.
  • The consultancy envisages extensive work with Government and Community partners in Solomon Islands.
  • The selected Consultant shall sign a contract with UN Women for stipulated assignment, as stated above.

Performance Evaluation

  • Contractor’s performance will be evaluated based on timeliness, responsibility, initiative, communication, accuracy, and quality of the products delivered.

Travel

  • The contractor will have no fixed base and shall travel to and around Solomon Islands as is necessary in order to complete the required work.
  • This assignment will be in Honiara, with mission to the selected provinces (Malaita, Guadalcanal and Western Province).
  • Throughout the assignment, the Consultant is expected to conduct at least 2 missions to each of the provinces each mission tentatively for a period of 7 days which needs to be factored in the proposal, with the rest of the time working days to be spent in Honiara, Solomon Islands.
  • Any additional travel (beyond 1 or 2 mission per province) will be ensured by UN Women Fiji MCO with prior coordination. Other travel, including international as well as local travel, must be covered by consultant. 

Financial Arrangement

  • Payment will be disbursed upon submission and approval of deliverables and certification by the project managers that the services have been satisfactorily performed as per Section V above.


Competencies

Core Values

  • Respect for Diversity;
  • Integrity;
  • Professionalism.

Core Competencies

  • Awareness and Sensitivity Regarding Gender Issues;
  • Accountability;
  • Creative Problem Solving;
  • Effective Communication;
  • Inclusive Collaboration;
  • Stakeholder Engagement;
  • Leading by Example.

Functional Competencies

  • Ability to think conceptually, strategically and analytically;
  • Demonstrates strong oral and written communication skills;
  • Consistently approaches work with energy and a positive, constructive attitude;
  • Results oriented, flexible and problem-solving skills.


Required Skills and Experience

Required Qualifications and Experience

The Consultant should fulfill the following requirements:

Education

  • University degree or equivalent in legal drafting or related field such as law, development studies, gender is required.

Experience and Skills

  • At least 5-10 years of work experience in legal drafting gender and development work;
  • Excellent knowledge of the customary land in Solomon Islands;
  • Excellent knowledge of the social, political and economic situation of Solomon Islands;
  • Substantive knowledge of gender and development issues in Solomon Islands;
  • Excellent analytical and conceptual thinking;
  • Strong communication and writing skills - with clear and concise writing style – please provide examples of similar work undertaken;
  • Ability to produce well written documents demonstrating analytical ability and communication skills;
  • Experience of working with different stakeholders and communities in Solomon Islands would be an asset;
  • Computer literacy and ability to effectively use office technology equipment, IT tools, ability to use Internet and email.

Language Requirements

  • Excellent written and spoken English.
  • Fluent in Tok Pidgin

Evaluation

Initially, individual consultants will be short-listed based on the following minimum qualification criteria:

  • Bachelor’s or advanced degree in legal drafting, development work and gender.
  • At least 5-10 years of work experience in legal drafting, gender and development work.
  • Excellent knowledge of the customary land in Solomon Islands;
  • Strong communication and writing skills - with clear and concise writing style.

The shortlisted individual consultants will be further evaluated based on a cumulative analysis process, with a total score being obtained upon the combination of weighted technical and financial attributes.  Cost under this method of analysis is rendered as an award criterion, which will be 30% out of a total score of 100 points.

Evaluation of submitted offers will be done based on the following formula:

where:

T

is the total technical score awarded to the evaluated proposal (only to those proposals that pass 70% of 70 points obtainable under technical evaluation);

C

is the price of the evaluated proposal;

Clow

is the lowest of all evaluated proposal prices among responsive proposals; and

X

is the maximum financial points obtainable (30 points)

Technical evaluation will be represented through desk review of applications. Interviews and/or written tests will be organized if needed only, depending on the short-listed candidates’ qualifications.

Technical Qualification Evaluation Criteria: The technical part is evaluated on the basis of its responsiveness to the Terms of Reference (TOR).

No.

Criteria for technical evaluation

Max. points

1.

Bachelor’s Degree or  advanced degree in legal drafting, development studies and gender

 (5 points for Bachelor’s degree, additional 1 point for every additional year advanced degree)

10

2.

5-10 years of experience in legal drafting, development work and gender issues

(10 points for 5 years, additional 1 point for every additional year worked after)

20

3.

Excellent knowledge of the customary land in Solomon Islands

20

5.

Ability to produce well written reports demonstrating analytical ability and communication skills

10

6.

Fluency in written and spoken English.

Fluency in Tok Pidgin

 

5

7.

Computer literacy and ability to effectively use office technology equipment, IT tools, ability to use Internet and email

5

 

Maximum total technical scoring:

70

Financial Qualification Evaluation Criteria: In the Second Stage, the financial proposal of candidates, who have attained minimum 70% score in the technical evaluation (at least 49 points), will be compared.

Winning Candidate

The winning candidate will be the candidate, who has accumulated the highest aggregated score (technical scoring + financial scoring).

Please note that only applicants who are short-listed will be contacted.


UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.

UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.


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