Consultancy to: [A] develop Step-by-Step Guides for formation & registration of Land Trust, Community Land Association(CLA), Certificate of Customary Job at Trócaire
1. Project background
The assignment is being applied by using Trócaire in partnership with the Joint Acholi Sub Region Leaders Forum (JASLF) who offer technical steerage and support to the project via the Technical Committee, Advisory Panel and the JASLF Secretariat. The goal of the venture is to reinforce the security of commonplace and communal land tenure in Acholiland thru piloting new methods based on research, consultation and advocacy. The first segment of the project called “Piloting the Protection of Rights to Customary Land Ownership in Acholiland”, turned into implemented from 2015 to 2016, and produced the following outputs:
(i) Field Component Research Report that info how Acholi commonplace and communal land is managed, controlled and administered, with the aid of and for whom, in all its variations;
(ii) Report that identified International Legal Precedents for Protecting Rights to Communal Land Tenure;
(iii) A legal opinion on tenure options for shielding standard land underneath the prevailing Uganda Law; and
(iv) A revised record entitled ‘Principles & Practices of Customary Tenure In AcholiLand’ at first published by means of the institution of Ker Kwaro Acholi (KKA).
The modern segment seeks to address four targets: (i) to behavior research to higher recognize customary land management in Acholiland; (ii) to growth recognition of agreed upon legal units for safety of communal customary land; (iii) to Map the limits of selected Land Holding Groups (LHG) and provoke registration of communal commonplace land with those companies (Clans); and (iv) to bolster the organisational potential of JASLF and beautify interagency coordination.
2. Background to the project
It is hoped that coming to a greater know-how of the finer information of family members-primarily based communal normal land conserving devices in all its versions, in tandem with the attendant ideas and practices, sponsored up with suitable prison provisions, will help comfy and protect the humans’s inherent rights to their commonplace communal land holdings.
The legal studies file from Phase 1 advocated land trusts as the most possible legal option for safety of commonplace land rights underneath the current legal regime in Uganda. This advice is similarly buttressed through the findings of the network field studies document that indicated the agency of land in Acholi remains closely tilted toward Clan management. Clan leaders from the beyond to these days remember that they hold the land in believe for both the preceding, modern-day and future generations. Accordingly, the need to “Register” the extended family land for felony security of tenure become overwhelmingly recognized and demanded by way of the Clan Land Holding Groups (CLHG) researched. However, the procedure of ‘registration’ and what it entails is uncertain to the community and that they need to apprehend the prison alternatives to be had and steering on the methods involved with a purpose to make knowledgeable choices.
Most of the Clans researched already developed a few form of constitution, rules or bye-laws that manual their control and governance problems among others. However, a number of those files are not written in sound legal formats, therefore the need for a draft Model Clan Constitution to help manual them. Besides, it's far envisaged that the constitution may be key within the registration system.
Trócaire Gulu Sub-Office is looking for Expressions of Interest from certainly qualified individuals or firms to supply:-
(A) Legally nuanced, but sincere and accessible Step-with the aid of-Step Guides to formation, registration and group of (i) Land Trust, (ii) Community Land Association (CLA) and (iii) Certificate of Customary Ownership (CCO) respectively.
(B) A Model Clan Constitution.
Three. Objectives of the assignment on Step-through-step Guides (A):
1) To evaluate the existing prison gadgets and guides touching on registration of land under the Land Trust, CLA and CCO;
2) To produce a legally nuanced, yet truthful and available, Step-through-Step Guide to the formation, registration and institution of a Land Trust;
3) To produce a legally nuanced, yet straightforward and handy, Step-with the aid of-Step Guide to the formation, registration and organization of a Community Land Association;
4) To produce a legally nuanced, yet straightforward and handy, Step-by-Step Guide to the formation, registration and institution of a Certificate of Customary Ownership (CCO).
Five) To offer information of the places to go to, and unique folks liable for the method of registration of Land Trust, CLA and CCO.
4. Tasks (A)
1) Carry out a evaluation of literature and files relating to land and its registration underneath Land Trust, CLA and CCO; (reference can be made to the LEMU Guide)
2) Write a succint, trustworthy and simplified record spelling out the requisite steps important to shape, sign up and institute a Land Trust;
3) Write a succinct, honest and simplified file spelling out the considered necessary steps essential to form, sign up and institute a Communal Land Association;
4) Write a sincere and simplified report spelling out the needful steps vital to form, sign up and institute a Certificate of Customary Ownership; (seize the element of registration of Land Trust and CLAs beneath CCO)
5) Produce an in depth report spelling out the places to go, unique humans responsible for registration of Land Trust, CLA and CCO.
5. Deliverables (A)
1) A Step-by using-Step Guide to the formation, registration and organization of a Land Trust;
2) A Step-by means of-Step Guide to the formation, registration and institution of a Community Land Association;
3) A Step-by means of-Step Guide for acquiring Certificate of Customary Ownership for Land Trust and Community Land Association;
4) Inventory of contacts/places of work to exercising registration of Land Trust, CLA and CCO.
6. Objectives of the mission on Model Constitution (B)
1) To overview the examples of 10 Clan constitutions and/or bye-laws, regulations amassed from some Clans researched in Phase 1, to in part tell improvement of a model Clan charter.
2) To draft, expand and write a legally desirable Model Clan Costitution incorporating Acholi Customary values, norms and practices. [To assist in this, the re-drafted document ‘Principles & Practices of Customary Tenure In AcholiLand’ will be made available to the consultant by Trócaire Gulu sub-office].
3) To make certain that the Model Constitution carries explicit Articles on Land Management;
7. Tasks (B)
1) Professionally overview a number of the prevailing Clan constitutions;
2) Read through the report on ”Priciples & Practices of Customary tenure in Acholiland” to assist guide the version charter drafting;
3) Write a Model Constitution that can be adopted to be used accross numerous Acholi clans and explicitly incorporate Articles on Land Management;
8. Deliverables (B):
1) A legally Sound Model Clan Constitution;
2) A comprehensive document on the paintings finished at some stage in the consultancy.
Nine. Management of the Consultancy
The Consultant shall liaise with the Research Coordinator at the Trócaire-Gulu Sub-Office while executing this task, is predicted to work with minimum supervision and to supply on all outputs in a well timed manner.
The consultancy is for 10 days and it's far anticipated that final files be submitted to Trócaire Gulu Sub-office by way of June fifteenth 2017.
Eleven. Consultants’ Specifications:
The following will be important:
1) Advanced diploma in Law, with unique mastery of the Ugandan prison system;
2) Demonstrated revel in in executing felony assignments;
3) Strong understanding of legal concepts in particular on the subject of land rights;
4) Proficiency in report/file writing;
5) Proficiency in English language;
6) Knowledge of Uganda felony landscape and specifically land associated laws and nuances round it;
7) Familiarity with the commonplace norms and practices of the human beings of Northern Uganda, in particular Acholi, could be an brought gain.
Outline of representative’s idea
The representative is predicted to post a Technical and Financial Proposal for executing this task, which includes the following:
· A CV and profile of the consultancy firm/character which includes references.
· A reproduction of a record performed by using the representative on a comparable mission (if available); and
· A economic factor mentioning daily consultancy costs.
· Implementation plan, demonstrating a clean expertise of the Terms of Reference.
Please Note: Transport, accommodation, and different pertinent logistics could be looked after by means of Trócaire if deemed vital in the length of engagement.
The mission implementation period commenced in July 2016 and could run up to December 2017.
How to apply:
The Expression of Interest (EOI) need to be submitted via e mail to recruitmentuganda@trocaire.Org by the Monday May 1st 2017.