Background

GENERAL INFORMATION

Recognizing the significance of land right, national laws might provide the foundation for achieving gender-equitable governance of land tenure system. in which women and men are more likely to be able to exercise and realize their rights to land equitably.[1] even if general laws and constitutional provisions promote gender equity, exemptions for customary and religious laws may limit the impact that these provisions have on securing equal land rights.

Thus, this term of reference (TOR) is developed with the aim to hiring a consultant that will support a research that examines the actual benefit of the women from their land rights. To this end, it will investigate women who are provided with land certification with their spouse or alone and their actual benefit from it.

Background

There is increasing evidence that outcomes of land reform and land administration activities have different implications for men and women. Traditionally, the involvement of men as the de jure heads of households as primary beneficiaries in such programmes was viewed as sufficient to ensure that other household members would equally enjoy the benefits of the projects as dependents. Today, it is increasingly being recognized that such assumptions cannot be made.[1]

Women may gain many personal benefits from tenure security. Having well recognized property rights may increase their confidence and social status. It may help to solidify and recognize the identities of women from ethnic minorities or indigenous groups and establish for them a sense of belonging. Having direct and secure access to land may also provide women with important psychological security and the autonomy from husbands and other male relatives to pursue the livelihoods they value. It may lead to significant improvements in household bargaining power and decision-making authority. As such, some research suggests that women with strong land rights are not only more actively involved in important household decisions but are also more effectively positioned to avoid abusive partnerships, domestic violence, and exploitative household labor arrangements, and can better control sexual relations.[2]

Perhaps the most obvious area of gender disparity in land rights is women’s unequal access to and ownership of land held by the household. Women typically have weaker rights to land within the same household than their husbands because community land allocations generally go to men and land transfers within families occur among men. Studies on intrahousehold resource allocation have Gender Equity and Land: Toward Secure and Effective Access for Rural Women revealed that land, similar to other resources within the household, is not always shared equally by husband and wife.[3]

Likewise, a report in Amhara indicates that between January 2020 to June 2020, there were 4,103 land transactions (one or two parcel) were carried out. Over half (56.4%) of land transactions were related to gifts, a situation where land ‘holders’ donates parcels, followed by inheritance (27.1%). Rental and exchange land transactions were limited to 9.4 % and 7.2%, respectively. From all types of transactions, only 35% of women were land recipient compared to 64.2% of men.  Although in the reporting format divorces was not considered, it is surprising that there is no single divorce related land transaction despite some divorce cases were reported to Land administration offices by some woredas. Only 36.4 % to 38.2% of women compared to 61.8% to 63.6 % of men were recipients of   land through gifts and inheritance. One of the reasons for the significant gender differential benefits from land transactions seemed to be associated with customary rules governing gifts and inheritances.  The report also indicated that families often favor their sons than daughters to donate their lands, assuming that the later will get land through marriage.

With regards to assets brought to marriage by husband and wife, as well as their claims to those assets if the marriage were to dissolve, have also been viewed as determining the bargaining power of spouses within a marriage  The expectation of disposition of assets upon divorce also affects the nutrition differential between spouses. However, women typically bring fewer assets to marriage than men in a wide range of countries, and evidence on assets at marriage across time suggests that the gender-asset gap at marriage is widening, even if the gender gap in schooling has narrowed over time. Most of the existing evidence also suggests that the bulk of land brought to marriage, even if it is part of the wife’s dowry, is controlled by the husband.[4]

UN WOMEN in consultation with the Rural Land Administration an Use Directorate (LAUD), Ministry of Agriculture and with members of the Women’s Land Rights Task Force has identified the need to investigate, ‘the actual benefit of women beyond the provision of land certification’. This call for consultants is to this effect.

II. OBJECTIVE OF THE STUDY

2.1 General Objective

The main aim of the research is to examine the actual benefit of women from land certification.

2.2 Specific Objectives:

• Assess women’s land use rights, e.g. cultivating on the land,
• Assess women’s say/control over/bargaining power on land related decision (Eg. Decision as to for whom, when and how-to rental, cultivate and give out as inheritance/gift)
• Assess women’s understanding and perception about their land rights
• Examine the contribution of land certification to changing customary rules of allocating resources at times of death, children’s marriage, and divorce
• Assess the impact of land certification among different groups of women (i.e. FHHs, married women, young women, and women in polygamous households).
• To assess the benefit of land registration to women and their families.
• To identify challenges to women’s land right security beyond land certification

[1] Food, F. A. O. (2003). Agriculture organization. Gender and access to land, FAO land tenure studies, 4.

[2] Archambault, C. S., & Zoomers, A. (Eds.). (2015). Global trends in land tenure reform: Gender impacts. Routledge.

[3] Lastarria-Cornhiel, S., Behrman, J. A., Meinzen-Dick, R., & Quisumbing, A. R. (2014). Gender equity and land: toward secure and effective access for rural women. In Gender in agriculture (pp. 117-144). Springer, Dordrecht.

[4] Lastarria-Cornhiel, S., Behrman, J. A., Meinzen-Dick, R., & Quisumbing, A. R. (2014). Gender equity and land: toward secure and effective access for rural women. In Gender in agriculture (pp. 117-144). Springer, Dordrecht.

[1] FAO. (2014). Governing Land For Women And Men-A Technical Guide To Support The Achievement Of Responsible Gender-Equitable Governance Of Land Tenure. FAO.

Duties and Responsibilities

SCOPE OF WORK

The scope of work and expected outputs/deliverables will be the following:

I. Data Collection Instruments

The consultant will be given with guiding questions for key informant interviews, in-depth interviews and FGDs. Review qualitative data collection protocols and prepare for possible follow up questions.

II. Data Collection

1.  Identification of research participants:

The consultant will develop criteria for the selection of relevant research participants for interviews and group discussions based on the suggestions given by MoA/UN Women. Women in different life cycle/ marital status, economic status, social vulnerability (e.g. migrant, disable) should be included in the study. In addition, women who experienced land conflicts during or after the second land certification program should be included in the study using different sampling strategy (e.g. snowball).

Individual cases on land disputes that are ongoing or resolved to the benefits of women (and otherwise) should be included.

Participants for key informant interviews should be purposively selected from relevant informal and formal institutions that have knowledge, responsibility, and information in land administration and use, land registration/certification, land related dispute resolution, women’s land rights, etc.

Formal and informal groups or committee who deal with land related issues e.g. disputes, land registration, in the study areas will be identified for FGDs.   This will also include women’s groups.

II. Review of Literature

• The consultant will review, synthesize, and present existing literature in the research subject. MoA and UN Women will provide key literatures, and as deemed necessary, the consultant may add additional literature in the list on women’s land rights, land certification programs and impacts in Ethiopia.
• The reviewed literature will be reported in a separate section in the research document. (page limit)

III. Data collection, organization, and analysis:

• The consultant is required to collect relevant gender disaggregated quantitative data on land certification, land disputes and land transactions from the local Rural Land Administration and Use departments, local kebele administration, and courts, free legal service providers, Women Affairs offices, local elders, etc.  The data have to be presented in table forms dis-aggregated by gender and location.

• The consultant will collect the qualitative primary data based on the agreed protocols.
• Collect qualitative data through Key Informant Interviews, In-depth Interviews and Focus Group Discussions.
• If an informed consent is obtained from the research participants all interviews and FGDs should be tape recorded. In addition, the consultant have to take field notes and register the time, place, socio-demographic profile of respondents, interview process, follow up questions, and take note of major findings.

• Guided by the different research protocols, the consultant should probe for more information and ask follow-up questions to gain an in-depth understanding of the phenomena under study.
• After conducting in-depth interviews and FGDs, the consultant needs to identify cases that can be further developed as a case study. This may require the consultant to conduct additional interviews for a thorough understanding of the case.
• All tape-recorded interviews and focus group discussions should be transcribed verbatim.
• MoA and UN Women will provide the consultant with possible thematic areas for data analysis and reporting. However, the consultant can identify recurrent thematic areas while collecting the data and communicate with UN Women before doing the analysis.
• Based on the agreed thematic areas the consultant conducts the analysis.
• The consultant should triangulate data collected from different sources using different protocols

  Report writing

The consultant is responsible to write the reports in clear and precise manner.

Geographical location

The study will be conducted Oromia region, the details will be communicated by UN Women.

III. EXPECTED OUTPUTS

The expected deliverables are:

• Tape recorded and transcribed Qualitative Data
• Compiled quantitative data
• Progress report on data collection
• Research Report including conclusion and recommendations
• Presenting the findings of the research supported by PPT

IV. METHODOLOGIES

The consultant will follow the work plan and the time schedule agreed with UN Women in undertaking the contract assignment.

• The consultant will be supplied with the data collection protocols. An inception meeting will be held to create common understanding and seek additional inputs from the consultant
• The consultant will undertake collection of all the required data/information from both primary and secondary sources.  
• The primary data will be gathered from different sources including women, men, elders, and concerned government offices.
• The consultant will gather secondary data on land certification/registration, land dispute cases, land transactions, land related institutions from government offices and relevant stakeholders.
• The consultant will draft the research report immediately after two weeks of the data collection.
• Before the draft report is prepared, data analysis and interpretation workshop will be organized led by the consultant. The workshop will give insights on the content of the data collected and understand research findings. It also guides developing the report content.
• The consultant prepares final report after incorporating all the comments provided during the workshop

V. INSTITUTIONAL ARRANGEMENT / REPORTING RELATIONSHIPS  

The consultant will be directly reporting to Selam Gebretsion JP RWEE Coordinator, UN Women and will be closely working with Ministry of Agriculture (MoA) specifically Land Administration and Use Directorate (LAUD) and Women Children and Youth Directorate (WCYD).  Both UN Women and MoA are responsible for supporting the consultant to access necessary data and information.

VI. DURATION OF THE WORK  

The duration of contract is four weeks in 2021, for a maximum of 30 working days. The consultant will work closely with the LAUD and WCyD, MoA and UN Women and will submit progress report as agreed in the work plan.

VII. PAYMENT MILESTONES AND AUTHORITY.

The consultant will indicate the cost of services in US dollars all-inclusive[1] lump sum contract amount. The consultant will be paid based on the effective UN exchange rate (where applicable), and only after approving authority confirms the successful completion of the deliverables. The qualified consultant shall receive his/her lump sum service fees upon certification of the completed tasks satisfactorily.

VIII. CONFIDENTIALITY AND PROPRIETARY INTERESTS

• The Individual Consultant shall not either during the term or after termination of the assignment, disclose any proprietary or confidential information related to the consultancy service without prior written consent. Proprietary interests on all materials and documents prepared by the consultants under the assignment shall become and remain properties of UN Women.

[1]The term “All inclusive” implies that all costs (professional fees, travel costs, living allowances, communications, consumables, etc.) that could possibly be incurred by the Contractor are already factored into the final amounts submitted in the proposal

Competencies

Corporate competencies:

• Demonstrates integrity by modeling the UN’s values and ethical standards
• Promotes the vision, mission, and strategic goals of UN Women
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
• Treats all people fairly without favoritism

Knowledge Management and Learning:

• Promotes knowledge management in UN Women and a learning environment in the office through leadership and personal example
• Actively works towards continuing personal learning and development in one or more Practice Areas, acts on learning plan and applies newly acquired skills

Development and Operational Effectiveness:

• Strong analytical and organizational skills and attention to detail
• Strong IT skills

Leadership and Self-management:

• Builds strong relationships with clients, focuses on impact and result for the client and responds positively to feedback
• Consistently approaches work with energy and a positive, constructive attitude
• Demonstrates good oral and written communication skills
• Demonstrates openness to change and ability to manage complexities
• Remains calm, in control and good humored even under pressure.
• Ability to make decisions under pressure and to deal with matters that are politically and culturally sensitive.

Technical/Functional:

• Substantive knowledge and understanding of gender, development and governance issues
• Substantive knowledge and experience in the provision of coordinated support and management of rights-based programmes to advance gender equality
• Ability to think conceptually, strategically and analytically
• Ability to carry out research, to contribute to the formulation of policies, procedures and guidelines.

Key Performance Indicators:

• Timely and quality technical advice and support
• Strong relationships with various partners and stakeholders
• Timely and quality knowledge products.

Required Skills and Experience

Education:                

• University graduate, minimum of master’s Degree in Economics, Law, Governance and Development Studies, Land studies, Gender and Development, Sociology or other relevant fields.
• Experience: 
• Minimum 10 years of postgraduate experience, as a researcher, gender expert, Land administration expert, in government and non-government institutions.

Specific professional experience:

• Working experience in conducting qualitative research – data collection and report writing particularly related with land administration and use issues.

Minimum required skills:

• Strong g knowledge of qualitative data collection, data analysis and report writing.
• Proven experience on conducting qualitative researches, gender analysis researches.
• Experience and good skills in report writing,
• Ability in working independently and experience in being directly accountable to senior-level decision makers.
• Excellent written and oral knowledge of English, and Amharic (Knowledge of Oromiffa is highly appreciated)
• Demonstrated experiences in conducting qualitative research.
• Relevant experience in the study region, zone and woredas