Research on the Implementation Status of Laws on Rural Land Administration In relation to Women in Ethiopia

RFP/004/2010

 

Terms of Reference for a Research on the Implementation Status of Laws on Rural Land Administration In relation to Women in Ethiopia

 

 

1. Background

 

UNDP/EIO could enhance the democratization process by setting up an easily accessible means for the prevention and rectification of maladministration. It is the task of EIO to first identify maladministration and then ensure that such acts are addressed effectively. It is also the responsibility of the Institution to devise ways of preventing maladministration before it gains roots.

 

At present, apart from receiving and handling public complaints, EIO is conducting activities to educate the public and build its capacity by engaging in research activities, training its staff, consultation with civil society, citizens and other stake holders, promotional work and publications. In addition, by focusing on the needs of women, children and persons with disabilities, EIO tries to address issues of maladministration within the general frame work of rectifying abuse of power. In addition EIO is duty bound to take the lead in checking whether or not the executive branch is fulfilling its obligation of serving the needs of the above mentioned vulnerable sections of the society.

 

When it comes to the needs of women there are various aspects of the topic that EIO should address as a matter of responsibility. One such topic is the property right of women, especially land. The constitution has guaranteed the right of women to acquire, administer, control, use and transfer property. In particular, they have equal rights with men with respect to use, transfer, administration and control of land. Accordingly Proclamation No. 89/1997 has been enacted on the administration of rural land. This proclamation provides that regional states should come up with their own laws on the administration of rural land. It further stipulates that regional laws on the matter must confirm the equal rights of women in respect of the use, administration and control of land as well as the transferring and bequeathing of holding rights.

 

Now EIO sets out to assess to what extent the rights of women enshrined in the regional rural land administration laws have been implemented in various regions. For the purpose of efficiency and lack of resources currently the research is limited to two regions only namely, Oromiya and Southern Nations Nationalities and Peoples Region.

 

2. Objectives

 

The objective of the research is to 

·         Identify laws and other instruments enacted by the selected regions on the administration of rural land.

·         To assess the implementation status of those laws and regulations

·          To identify challenges and problems which impede the implementation of the laws and regulations in this area

·         To indicate the way forward and put in place tenable recommendations

 

3. Scope of the research

 

The research will

• Will cover two regions ( Oromiya and SNNPR)
• Identify laws and other instruments enacted by the selected regions on the administration of rural land.
• Assess the current status of the implementation of administration of rural land in relation to the rights reserved to women.
• Identify the main gaps or problems in the implementation process 
• Put forward clear and tenable recommendations

 

4. Scope of the work of the consulting firm/consultant

 

The consulting firm/ consultant, who will conduct the research, is expected to:

 

a)     Take into account the objectives of EIO while conducting the research

b)     Involve the following target groups:

·         EIO staff in particular the women and children Department

·         Selected administrative agencies of government, at federal and regional level

·         Civil society organizations, EIO stakeholders

 

    c)    Undertake the following:

·         Pre research document analysis

·         Collection and review of rules and regulations as well as national policies and strategies on affirmative action.

·         Developing the draft questionnaires

·         Selection and training of data collectors

·         Preparation,   of questionnaires

·         Field testing of questionnaires

·         Conducting of interviews

·         Conducting of focus group discussions

·         Analysis of data from questionnaires, interviews and focus group discussions

·         Writing

·         Editing

·         Inclusion of comments into the final draft

·         Writing and submitting the final draft

·         Submission of the inception report

·         Inclusion of comments into the final draft

·         Submission and presentation of the final report

 

5. Methods of selection

 

• The regions selected on the basis of the capacity of the institution to conduct the research nation wide. Taking into consideration the limited human and financial resources, the SNNPR and Oromiya regions are purposively selected.
• The woredas for the research are to be selected by consultation with the relevant bureau in such a way that there will be balance in the frame of reference.
• Consequentially, the following three woredas have been identified in the Oromiya region: Mojo/ሞጆ/ woreda in eastern shewa zone Tiyo/ጢዮ/ woreda in Arsi zone and wolmera/ ወልመራ/ woreda. In SNNPR, the Alaba/አላባ ልዩ ዎረዳ/ has been identified, two other woredas remain yet to be identified.

 

7. Methodology

 

The following methods will be used to conduct the research

 

i.                    Document Review -

-     A review of background information provided by EIO

-     A review of EIO planning documents, annual reports, progress reports to donors, strategic plan document, and/or other documents that are considered relevant to this assessment.

- A review of laws that enshrine the rights of women to land use and related rights.

ii.                   Key Informant Interview –

-          Interviews with selected members of the public, EIO staff, officials concerned with the enforcement of the right as well as stakeholders with a view to gather sufficient information for the research.

 

iii.               Field Visits –

-  Field trips to regional States and a review of selected regional government offices as well as key informant interview with regional stakeholders is required.

 

iv.               Data Analysis -

-     Data collected from document review, key informant interviews, questionnaires, focus group discussions and field visits will have to be analyzed. Quantitative data have to be used to enrich and illustrate a qualitative conclusion.

 

8. Language of the Research

The research will be conducted in Amharic. However, EIO may enter into a separate agreement with the selected consultant to translate the research into English.

 

9. Deliverables/outputs

• At the end of the process, the researcher is expected to submit a research paper complete according to the scope delimited within this TOR and incorporating the comments to be given by the Institution.

 

 10. Duration of the Study

 

The Study shall be completed 45 days after signing of the contract.

 

11. Qualifications of Consultants

 

The leader of the team is required to have the following qualifications and experiences

 

1. Team Leader

i.                     A minimum of Masters degree in law, human rights, sociology, gender studies or other related field

ii.                   Extensive working experience in the field of human rights, gender studies, constitutional and administrative law,

iii.                 Have demonstrated expertise in consulting, research, policy and data analysis

iv.                 Excellent spoken and written command of the English Language

v.                   Having a substantial experience of coordinating capacity

 

Evaluation Criteria

 

Technical proposals will be rated as per the following matrix. A firm will have to score a minimum of 70% to be considered for the next step. Financial evaluation will be conducted for the qualified and responsive technical proposals (i.e 70% and above). The responsive and qualified firm with the lowest financial proposal will be issued a contract.

 

1.	Expertise of Firm / Organization submitting Proposal (relevance of experience, reputation of firm, general organization)	30%	30 points
2.	Proposed Work Plan and Approach (understanding of TOR, scope of task, clear presentation,	50%	50 points
3.	Personnel (General qualification, specialized trainings, professional experience, knowledge of region)	20%	20 points

 

 

Submission of Technical & Financial proposals

 

Qualified and interested Firms should submit their Technical and Financial proposals in separate sealed Envelopes to the following address no later than 15 March 2010:

 

 

 

United Nations Development Program (UNDP)

Procurement Unit

ECA Old Building, 6^th Floor

Africa Hall, Room Number 606

P.O.Box 5580

Addis Ababa, Ethiopia