procurement
Individual Consultant to Conduct a Legal, Policy and Gender Review of Land Gover
UNDPprocurementIC - Individual contractor
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Full Description
Contact: Procurement Unit -procuremnt.sz@undp.org
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Introduction
Description of the Assignment
The consultant will be responsible for the following:
Desk Review
• Review the Constitution of the Kingdom of Eswatini (2005) and its implications for land governance.
• Review existing land-related legislation, regulations and policies, including but not limited to: Land administration, land use planning and land management laws; Environmental and natural resource management legislation; Local governance and traditional authority frameworks relate to land.
• Review the draft of the National Land Policy and related background documentation.
• Review relevant international and regional frameworks, including human rights, gender equality, land governance and sustainable land management commitments.
Legal and Policy Analysis
• Analyse the coherence and consistency of land-related legal and policy instruments.
• Identify areas requiring harmonization, amendment or development of new legal or policy instruments.
• Examine institutional mandates, roles and coordination mechanisms related to land governance.
Gender and Social Inclusion Analysis
• Assess the extent to which existing land laws, policies and institutional arrangements address gender equality and women’s land rights, including alignment between statutory provisions, policy and customary practice with constitutional equality and human rights commitments.
• Analyse barriers faced by women, youth and other vulnerable groups in accessing, controlling and benefiting from land, using an intersectional lens (e.g., age, marital status—single/married/divorced/widowed, household headship, disability, rural/urban/peri-urban location and poverty status).
• Identify entry points for strengthening gender-responsive and inclusive land governance, including recommendations that are specific enough to inform policy clauses, implementation measures and institutional procedures, and propose practical gender indicators/data improvements where administrative data are weak.
Case Studies/Case Law
• Select communities/chiefdoms and urban/peri-urban sites to test: land allocation processes, record practices, dispute handling, women’s real experiences of access and security, etc.
• Analyse relevant cases on land disputes, resettlement/eviction cases, investment leases, irrigation schemes and urban expansion, paying attention to gendered patterns in claims,
• Consult with entities like the Commission on Human Rights and other relevant justice/legal aid actors regarding reported land dispute cases, especially those involving women.
Stakeholder Consultations
To complement the desk review process, the analysis will target stakeholder consultations and validation with key actors, including relevant Ministries and agencies, traditional authorities, civil society and women’s groups, and development partners as necessary and feasible within the consultancy timeframe. Consultations should ensure meaningful participation of women and youth, including (as relevant): women on SNL (including widows and divorced women), women farmers/producer groups, women in informal/peri-urban settlements, youth groups, organisations of persons with disabilities, CSOs providing women’s rights advocacy and legal aid, justice actors handling customary/statutory disputes, and land administration offices maintaining registers
The consultant shall apply a do-no-harm and safeguarding approach during fieldwork, including informed consent, confidentiality/anonymisation for sensitive cases, safe and appropriate handling of disclosures, and mitigation of retaliation risks for participants (particularly women discussing customary authority decisions or active disputes). Separate focus group discussions for women and for youth should be used where helpful to enable participation.
Recommendations and Reporting
• Develop clear and practical recommendations for legal, policy and institutional reforms.
• Propose priority actions to support effective implementation of the National Land Policy from a legal and gender perspective.
Expected Deliverables
The Consultant is expected to produce the following deliverables:
• Inception Report (within 5 working days of contract start) outlining methodology, workplan and stakeholder engagement approach, including: (i) core gender evaluation questions; (ii) proposed sites/case studies and sampling rationale; and (iii) a plan for collecting/reporting sex-disaggregated evidence and managing ethics/do-no-harm.
• Draft Legal, Policy and Gender Review Report presenting analysis and preliminary findings.
• Final Legal, Policy and Gender Review Report, incorporating feedback from UNDP and all key stakeholders and including, at minimum: (i) legal and policy gap analysis; (ii) a standalone Gender and Social Inclusion chapter (with intersectional analysis and sex-disaggregated evidence, where available); and (iii) a prioritised recommendations matrix (legal/policy/institutional/administrative) with responsible entity, timeframe, resource implications and risks/mitigation. Where feasible, include indicative drafting of priority policy clauses and/or legal amendments.
The ideal candidate should meet / exceed the below requirements;
• Have minimum an advanced university degree in Law, Land Governance, Public Policy, Gender Studies, Natural Resource Management or a related field.
• At least 5 years’ working experience, including demonstrated experience in legal/policy analysis and at least 2 years’ experience in gender equality and social inclusion and/or land/natural resources governance.
• Demonstrated experience in legal and/or policy analysis related to land, natural resources or governance
• Proven experience in conducting gender analysis, preferably in land/natural resources governance and/or customary tenure contexts (including evidence of integrating gender findings into actionable legal/policy recommendations).
• Demonstrated ability to apply mixed methods (key informant interviews, focus group discussions, case studies) and to analyse and present sex-disaggregated findings; ability to conduct consultations in SiSwati or a clear plan for qualified local research support.
• Strong knowledge of land tenure systems, customary land governance and rights-based approaches.
• Experience working in Southern Africa and/or Eswatini is an advantage.
• Excellent analytical, drafting and communication skills.
Period of assignment/services: 35 days
Proposal should be submitted directly in the portal no later than indicated deadline.
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