TERMS OF REFERENCE Project proposal development Rwanda Type of contract: Consultancy Location: Rwanda (Half time) / Home based (Half time) Duration of contract: 5 weeks and a half [12November 20 December 2014] Start Date: 12 November 2014 1. Background RCN Justice & Démocratie (hereafter RCN J&D) is a Belgian non-governmental organization (NGO) founded in 1994 in the aftermath of the Rwandan genocide. It aims to ensure the respect of the fundamental rights of each individual, in particular the right to justice and the rights enshrined in international human rights conventions. The concept of community-based justice and the promotion of women s rights are central to its core mission. In the wake of the genocide, RCN J&D supported the reconstruction of the Rwandan justice system. Since 2006, its programme has focused on land conflict resolution at the local level - with a particular emphasis on women s access to land - in a view to support the national land reform and implementation of domestic laws. In October 2012, RCN J&D received funding from the Swedish International Development Agency (Sida) represented by the Swedish Embassy in Rwanda to implement a nationwide project on land conflict resolution and women s access to land. The project Improving the Management of Land by Strengthening the Prevention and Resolution of Land Conflicts in Rwanda (ILPRC), aims to improve rural populations access to fair community-based justice mechanisms (overall objective). The project specifically seeks to improve the management of land conflicts in 15 districts of Rwanda in particular through the protection and promotion of women's land interests (specific objective). 2. Justification To ensure the continuation of ILPRC project, and given the preliminary discussions that have already been held with the Kingdom of Sweden, it was decided to submit a new project proposal to our donor during the first quarter 2015 for the period August 2015 July 2018. Given our limited human resources available at Kigali s office to ensure the development of such a document, RCN J&D decided to delegate the initial drafting of the proposal to a consultant experienced in project document drafting. 3. Purpose of the consultancy The overall purpose of this consultancy is to accompany RCNJ&D s mission in Rwanda in developing a project document to be submitted to the Swedish donor early 2015. Page 1 of 6
The three main objectives of the consultancy are: a. Support and facilitate internal strategic analysis process leading to the definition of thematic options and intervention methodologies, to be incorporated into the project document. This process has already been initiated during a first assessment mission in August 2014 and resulted in the drafting of a preparatory note identifying the general orientation and potential results of the upcoming project. This note will serve as a basis for discussion, but shall evolve over the strategic process. b. Formulate, on the basis of internal discussions, the project structure by providing: a coherent timeframe, a logical framework (setting project goals, results and activities; identifying indicators and sources of verification), a risk matrix and the projected needs in terms of both human and financial resources. The development of the logical framework and risk matrix will be particularly important, and will involve collective working sessions with RCN J&D team and some of its partners in Rwanda. c. Develop the narrative portions of the project relating to the contextual analysis, identification of needs, and a description of the activities to be achieved. It is already accepted that the process of development of the project will not be completed at the end of the consultancy but will allow the team of RCN J&D to hold a well advanced draft, upon which the mission will be able to work on and adjust the action, develop a detailed budget, define a coherent Organizational Chart, and strengthen / formalize its partnerships. 4. Approach & methodology The consultancy will break down into 3 phases: A preparatory phase (3 days), involving the reading of relevant documentation and preparatory exchanges (internet & phone comm. / visit to headquarters) with Rwanda Program Officer at HQ in Brussels. This phase will allow the consultant to become familiar with the history of the Rwanda mission, to deepen the content and the challenges of the ongoing project, and prepare the field mission; A three weeks field visit in Rwanda. It comprises a first week of brainstorming with the entire management and program teams of RCN J&D and with its civil society partners, in order to define the main thematic and methodological options of the project. The methodology of this strategic workshop will be participatory, and shall be developed and presented within the proposal/note (see Point 8 - Guidelines for application). Then the consultant will extend his stay in Rwanda for two more weeks, in order to develop planning and design of project tools, in close collaboration with the mission team. During these three weeks, external meetings, including with our line ministry (Ministry of Justice) and the donor will be planned. Any other relevant person may be contacted, in consultation with the Country Director Page 2 of 6
A home-based phase of two weeks: to write-down the narrative sections of the project document. Upon consultant s return from the field, a discussion session will be held with the Head of Rwanda program, to define the priorities regarding the drafting process of the document; further regular contacts will be maintained until final delivery of product consultancy. 5. Proposed timeline & deliverables Phases Dates Tasks and Deliverables Inception Phase Duration: 3 days Field mission phase Duration: 3 weeks Writing of project document Duration: 2 weeks From November 12 to November 14, preferably in Brussels From November 17 to December 6 (Kigali, Rwanda) From December 8 to December 19 (Home based) - Conduct a desk review of relevant information and documentation on RCN projects in Rwanda; - Conduct interviews with Rwanda Program Officer in Brussels, and Country Director in Rwanda, to refine the planning and methodology of the field mission; - Develop tools for the facilitation of the strategic workshop to take place the 1 st week in Kigali. - Facilitate intern strategic workshop in order to define the main axes and methodology of the upcoming project (week 1) - Develop strategic and planning tools (see point 3), in close collaboration with RCN team ; Conduct interviews with partners, stakeholders, senior officials, donors, and others as identified with the Country Director. Presentation of preliminary notes and documents will be discussed at the end of week 2 with the Country Director and Project Coordinator, and a more global presentation and discussion session will be held with the whole management team of RCN J&D/ Rwanda, on the last Friday of the field visit. Deadline for submission of intermediary products : 4 th of December 2014 - Draft final report and submit to HQ in Brussels and Country Director in Rwanda; Deadline: 15 th of December 2014 (Draft) HQ and Country Director comments will be sent the 16 th of December (end of the day) - 4 days to submit final report Deadline: 20 th of December 2014 (Final Report) The project document will follow the format provided by RCN and will be written in English (as all the documentation produced during the consultancy). 6. Consultant s profile The consultancy will be conducted by an independent consultant with the requisite skills set to conduct his/her mission. The consultant will demonstrate previous experience and expertise in proposal drafting. He/she is responsible for delivering quality deliverables in a timely manner. Specifically, the consultant is expected to have the following expertise: A master s degree in law or social science and research; Page 3 of 6
Technical expertise in land rights, gender and local conflict resolution; A minimum of six (6) years of working experience implementing projects in the sector of development; Strong ability to translate complex analysis into effective proposals; Knowledge of results-based management and project cycle management; Previous experience in Rwanda strongly desirable; English and French proficiency, both in writing and speaking, essential. 7. Guidelines for application Applications should be sent, in English, to Anne-Ael Pohu by e-mail (aa.pohu@rcn-ong.be), with copy to Mr. Benoit Joannette (cdm@rcn.rw), by Thursday 31 th of October 2014. Applications should include (i) a resume of the applicant providing detailed information on the criteria listed in section 6 of these ToR, (ii) a cover letter demonstrating a solid understanding of the above sections 1-3, and adequately respond to sections 4 and 5 by proposing (iii) a sound work plan and financial proposal. Please note that priority will be given to candidates who are available in the indicative timeframe (see section 5). Page 4 of 6
Background on the context of land in Rwanda and on the current project Improving the Management of Land by Strengthening the Prevention and Resolution of Land Conflicts in Rwanda (ILPRC) Access to land is crucial in Rwanda. In rural areas, land is the most valuable property and the cornerstone of family economies. The overwhelming majority of citizens cultivates tiny plots of land for their livelihood. Many of them are not secured in their right to occupy and use land, and have no alternative sources of income. Pressure on land is exacerbated by the country s recent history (waves of returns of refugees, release of prisoners, etc.), high population growth and peculiar geography (exiguous and relatively unaccessible land). Land property acquisition and administration have long obeyed unwritten customary rules. The main ways of access to land are land sharing by parents among their children during their lifetime ( umunani ) and inheritance. In this traditional system, girls and women have been routinely deprived from enjoying their land rights. Yet, following the 1994 genocide, many of them de facto became heads of household. This pressure on land, along with the growing legal reflex among the population, explains the prevalence of land disputes in Rwanda. RCN-J&D s analysis on courts caselog show that land conflicts account for the vast bulk of cases in rural areas, with underlying tensions over land distribution 1. Over the last decade, the government adopted a series of reforms on land tenure (including registration) to both rationalize its use and enhance women's access to land. The ultimate goal of these reforms is to create the necessary conditions for a sustainable development. However, the enforcement of these laws at the local level is not fully ensured. The local authorities involved in the registration process, local conflict-resolution mechanisms and the rural population are generally unprepared and poorly informed as to the purpose, meaning and scope of these reforms. To resolve conflicts arising from land property, management or use, the rural population resorts to mediation committees (also known as «Abunzi committees») which were established in 2004 as an Alternative Dispute Resolution (ADR) mechanism 2. Inspired by traditional mediation mechanisms, the Abunzi committees have a key role to play in promoting social cohesion and bringing justice closer to the population. They have a special responsibility for defending, protecting and enforcing women s rights to land. Their core mandate is to mediate disputants by promoting solutions acceptable to all. If mediation fails, Abunzi are entitled to take a legally-binding decision. Poorly trained and equipped, Abunzi however face difficulties in bringing disputants closer and in leveraging the laws, in particular the Succession and Land Laws, to systematically enforce women s land rights. The ILPRC project intends to tackle these issues in a comprehensive manner. The theory of change of the ILPRC project rests on the idea that the (i) strengthened capacities of mediation committees to offer adequate remedies to land conflicts and (ii) of rural women to claim 1 The analysis of court reports and the monitoring of criminal cases were conducted by RCN Justice and Democracy in 2009 and 2010 with funding from USAID and DGDC. It is also worth highlighting that historians generally agree that the scarcity of land was one of the motivations of the Tutsi genocide in 1994. 2 Please see art. 159 of the 2003 Constitution of the Republic of Rwanda and the 2004 Organic Law on the organization, jurisdiction, competence and functioning of the mediation committee which gives birth to this conflict resolution mechanism. Page 5 of 6
their land rights will pave the way to a more systematic implementation of the land reform and of related land rights. The project intervention logic is based on a two-fold approach: - Capacity-building of Abunzi committees: Mediation (Abunzi) committees of the targeted districts offer adequate solutions to people involved in land conflicts, while increasing the enforcement of women's land rights 3 (outcome 1); - Promotion of women s land rights: Rural populations and the authorities involved in land issues recognize and commit to better promote women s land rights 4 (outcome 2). The project is carried out in 15 out of Rwanda s 30 districts 5, and in total, 934 cells and 190 sectors (Outcome 1) and 60 villages (Outcome 2) are covered. The final beneficiaries are the rural population of the 15 targeted districts (about 5,500,000 people according to the census dated 2012) who are or may be involved in a land conflict, in particular rural women whose land rights are not secured. Beneficiaries for outcome 1 also include 1,124 cell and sector-level Abunzi committees and 1,314 local authorities; and for outcome two, 120 members of partner CSOs at the village level. The target groups of ouctome 1 include 35 agents of the Ministry of Justice (MAJ 6 and Secretariat in charge of the coordination of Abunzi activities 7 ), 16 monitoring agents from partner CSOs, and a team of 14 consultants / trainers. For outcome 2, the target groups include: 15 MAJ agents, local CSOs members, local authorities, and the National Women Council. At the institutional level, implementing partners include: the Ministry of Justice, the National Women Council, and local governments (district, sector and cell). Civil society partners include ARAMA and IMBARAGA (outcome 1), and Avega and RRP+ (outcome 2). 3 As per the Logical Framework revised in November 2013. 4 As per the Logical Framework revised in November 2013. 5 Bugesera, Gatsibo, Kirehe and Rwamagana (Eastern Province); Nyamasheke, Rubavu and Rusizi (Western Province); Muhanga, Nyanza, Nyamagabe and Nyaruguru (Southern Province); Gakenke, Musanze and Rulindo (Northern Province); and Gasabo district (Kigali City) 6 Maison d Accès à la Justice: decentralized structure of the Ministry of Justice at the district-level, established in 2008. Each MAJ office is staffed with three legal professionals, one being in charge of supporting the Abunzi. 7 Entity in charge of coordinating the activities of the Abunzi committees nationwide, established in April 2012, and an integral part of the Ministry of Justice. It however merged with the Coordination of MAJ in June 2014. The single entity responsible for coordinating the activities of the MAJ and of the Abunzi committees within the Ministry of Justice is now called Unity for the Coordination of Access to Justice. Page 6 of 6