Term of Reference - Land Investment for Transformation (LIFT)

Background of the programme

The Land Investment for Transformation (LIFT) programme is a six year programme that has been developed by DFID and the Government of Ethiopia with the objective of improving the incomes of the rural poor, through support to the Government of Ethiopia in the implementation of second level land certification (SLLC) covering 14 million parcels, introduction of sustainable land administration systems, and the use of the Making Markets Work for the Poor (M4P) approach to leverage the economic benefits of increased tenure security. The LIFT programme is expected to be completed by 2020.

The M4P component (which has been renamed Economic Empowerment Unit - EEU) has developed interventions that address the constraints identified in three sectors: rural land rental, access to finance, and environment & conservation agriculture.

During the design phase of the programme (January 2014), the LIFT team identified the importance of working in the area of land dispute resolution. Its relevance was confirmed during the validation stakeholder workshop that took place in November 2014. Given the sequencing of the programme (SLLC had to be undertaken before the rural land administration system was put in place), it was agreed that LIFT would undertake a detailed market study only after the RLAS became operational. An initial study was undertaken in Amhara and Oromia regions in late 2018 which highlighted that there are three major groupings of land disputes (linked to LIFT activities):

• Border and encroachment disputes: these disputes existed prior to issuing the SLLC and most of them are resolved during the actual certification and issuing process.
• Land rental disputes: these disputes arise as a direct consequence of LIFT’s work, and tend to be resolved by the formal dispute resolution system due to the existence of a contract.
• Inheritance and divorce disputes: these disputes have arisen since the introduction of the SLLC and LIFT’s efforts in addressing issues of gender and vulnerable groups (e.g. ensuring that the women’s names are also included in the SLLC). This means that land is now an asset pertaining to both members of the household and therefore it needs to be dealt with in case of conflict. The evidence suggests that these disputes are resolved through the formal dispute resolution system and tend to reach the woreda courts.

The complexity of the disputes post-SLLC (i.e. land rental, inheritance, divorce) suggest that more disputes are likely to be solved at the court level, with the early steps of the formal dispute resolution system becoming less effective (e.g. KLACs).

A second more extensive study was then undertaken in 2019 which came up with a number of recommended areas where LIFT could provide support in the area of land dispute resolution as follows:

• LIFT should enhance the ability of the RLAUBs to develop and implement appropriate training to KLACs and kebele experts. These updated training modules should reflect the new land proclamations and regulations, particularly around the five most prevalent types of disputes. The training should also include areas such as understanding of the SLLC, mechanisms to build further awareness within the communities, and mediation and arbitration. Ensuring adequate training at the KLAC and kebele level would help resolve issues at their level and ensure that disputes are not unnecessarily escalated to the woreda level. Although this intervention would be more of a direct type of intervention, the objective would be to pilot it in a few woredas (could be LIFT´s model woredas) and then demonstrate its positive impact to RLAUBs. The demonstration effect would convince them to roll out the training to other woredas and, in the case of other regions, copy the approach.
• LIFT should build the capacity of woreda judicial officers (i.e. judges and court presidents) to adequately understand the new land proclamations and regulations, as well as the rights, obligations and interpretation of the SLLC. More specifically, this intervention would include:
  • Support the RLAUBs to implement specialised training for judicial officers that are responsible for presiding over land related disputes in their respective woredas. As far as possible, implementation of the training would be done by an existing market actor. As such, a key next step will be to identify a lawyer / law firm that can provide this training. This will be done through the contacts of a key informant lawyer at the Ministry of Agriculture who understands these issues well and has a wide set of networks to help to identify appropriate options.
  • Engage with the State Justice Bureaus and a number of pilot universities to design a module on the new land administration and use proclamations (including on the rights, obligations and interpretation of the SLLC) for training of judicial officers. Incorporating such training into the judicial curriculum would ensure the systematic training of judges and allow them to reduce the time and cost of land related disputes.

The interventions are outlined in detail in the Intervention Designs and in the report written based on the 2018 and 2019 studies.

Scope of work

Between February 2020 and July 2020, the Dispute Resolution Junior Consultant will be responsible for coordinating and leading the implementation of LIFT’s dispute resolution interventions. The Dispute Resolution Junior Consultant will be responsible for LIFT’s front-line work within the dispute resolution intervention.

The Dispute Resolution Junior Consultant will oversee the implementation of the interventions through:

1. Analysis and learning: gather data and information to better understand the situation in the sector, continuously assess ongoing interventions and identify ways to improve the efficiency and effectively of delivery, including how to improve their impact on the poor.
2. Reporting and presentation: contribute to the design of sector strategies, prepare detailed intervention workplans. Conduct general awareness raising and pitch specific opportunities to stakeholders externally.
3. Project management: work with identified intervention partners, oversee implementation, ensure compliance, assure quality of deliverables.
4. Results management: Maintain intervention specific monitoring systems, and design and participate in field assessment trips.

Specific Responsibilities

The specific responsibilities of the Dispute Resolution Junior Consultant will be to work closely with Dispute Resolution Technical Advisor and EEU Deputy Coordinator to:

• Identify the regions where pilot training can take place and in which woredas the initial training should take place. Based on the success of the training, they should then help to create a training plan for rolling out the training to a broader set of woredas.
• Prepare the ToR and identify trainers for the training. He/She will be responsible for facilitating recruitment, reviewing and evaluating the technical and financial proposals of prospective trainers.
• Prepare ToRs and budgets for kebele/woreda level trainings training sessions/workshops.
• Facilitate training sessions by liaising with LIFT EEU Regional coordinators in order to support the introductions of trainers to the relevant woredas LAUOs.
• Prepare reports including key issues raised, pending ideas, recommendations from training as well as lessons learnt and areas for improvement in the training.
• Take ownership of the data collection required as per the instruction of the EEU Monitoring Results Measurement coordinator.
• Develop key case studies and success stories which demonstrate the successes of the training undertaken so far.
• Present weekly, monthly and quarterly progress reports on all dispute resolution interventions to the EEU Coordinator (with support from the Deputy EEU Coordinator).
• Carry out any other programme related work that may be assigned by the EEU Coordinator and Deputy EEU Coordinator.

Reporting Lines

The Dispute Resolution Junior Consultant will report directly to the Deputy EEU Coordinator and will receive technical support from the Dispute Resolution Technical Adviser. The Dispute Resolution Junior Consultant will keep the EEU Coordinator cc’d on all emails.

Period of contract

This will be a full time or part time role starting in February 2020 and finishing on 31st July 2020.

Qualifications and experience

• Degree in Economics, Law, Dispute Resolution/Conflict Management, International Development and at least 5 years’ experience working in one of these technical areas;
• Good management experience and experience in working with partners/subcontractors;
• Experience in developing and managing programs in the field of development;
• Demonstrated experience in developing partnerships with the government and representative associations;
• Ability to formulate results chains and undertake participatory research;
• Excellent computer skills (minimum of MS word, excel and power point);
• Good report writing and presentation skills; and
• Fluency in Amharic and English.