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CONSULTANCY JOB OPENING
Issued on: April 5th 2016

BACKGROUND
Although ethnic dimensions are paramount in land related conflicts, other factors are hampering the stabilization process in the post-conflict settings. Besides ethnic lines, Eastern DRC has been experiencing for years an opaque land management system. This leads to large land acquisitions for farming. The lack of transparency and inclusiveness in land distribution and administration system unsustainable land has contributed to land conflicts in the Democratic Republic of Congo in the post-conflict era. Given the insecurity in some areas and tensions between Land owners and local residents, some concessions are underutilized, resulting in low land use efficiency.

Meanwhile, hundreds of thousands of households are landless and therefore without livelihoods to feed their families. This recurrent pressure on land including public lands is reflected consistently in land disputes making the legal framework for land irrelevant and offset from the stabilization context. In terms of a deficit on land policies, there is a vacuum on the rules governing the security of tenure. These are the subject of almost permanent confrontations between local people and dealers who nevertheless hold the rights recognized in land administration. Such prevalence has been compounded in the post-conflict setting by the absence of an efficient state administration and the complex ethnic dynamics of the region. Competitions around land are increasing for various reasons: return and reintegration for IDP’s and refugees, power and territorial struggle, pasture lands, agriculture production and livelihood as land continues gaining an economic value.

This competition is fuelling a number of land disputes, which are becoming major concerns for peace, stability and economic recovery in DR Congo post-conflict such as population displacement, ethnic tensions, negative impact on civilian protection and community livelihood and food
About 176.616 IDPs in North Kivu Were registered (120 781 in Masisi, Rutshuru and 51.625 in 4.210 in Walikale), South Kivu (554.981) and Ituri (439.215). With regard to Refugees, 450.900 people live in the three provinces of interventions qui account 58% of all Refugees in DRC. Approximately 430,000 Refugees from the DRC remain in Neighbouring countries, Burundi, Rwanda, Uganda and the United Republic of Tanzania.

Recently, DFID Director General for Economic Development of DFID introduces the LEGEND programme and explains why land governance matters. In fact, LEGEND is a new global DFID programme designed to mobilise knowledge and capacity for design and delivery of new country programmes, improve land governance as an essential and inclusive basis for economic development, and strengthen land and property rights at scale.
In 2013, the UK Presidency placed land on the G8 agenda for the first time and committed to implementing the globally negotiated Voluntary Guidelines on Land and launched eight country partnerships. In this context, PEA will explore towards existing SWOT (Strengths, Weaknesses Opportunities and Threats) methodology, how important to extract all SWOT on Land that enable a conducive political, economic and peaceful environment for all.

RESPONSIBILITIES
Rationale of Political Economy Analysis (PEA): Political economy analysis (PEA) aims to situate development interventions within an understanding of the prevailing political and economic processes in society – specifically, the incentives, relationships, and distribution and contestation of power among different groups and individuals. Such an analysis can support more politically feasible and therefore more effective development strategies by setting realistic expectations of what can be achieved, over what timescale, and the risks involved.

The key objective of the consultancy on the Political Economy Analysis of Land Sector in DRC is to inform UN-Habitat on the impact of CLUP in economic development. In undertaking the PEA the consultant will identify key stakeholders, the most influential actors, their interests and incentives, and how do these shape overall dynamics of the land sector, including the feasibility of reform to enhance sustainability.
The consultant will select suitable methodology to performing this task. As an example the sample questions for conducting sector level Political Economy Analysis are listed below; however other suitable approaches can be considered.

Statement of the problem: PEA is part of the baseline studies for the development of the concept of CLUP in the three provinces in the Eastern DRC to enable an equitable economic development and supports land development and stabilization in a post- conflict context. The participatory based Community LUP may face major challenges but could promote various economic opportunities that enable economic diversity in the Land Sector.

Roles and responsibilities: Who are the key stakeholders in the sector? What are the formal/informal roles and mandates of different players? What is the balance between provincial/local authorities in provision of services and decision-making?

• Ownership Structure and Financing: What is the balance between public and private ownership? How the sector is financed (e.g. public/private partnerships, user fees, taxes, donor support)?
• Power Relations: To what extent is power vested in the hands of specific individuals/groups? How do different interest groups outside government (e.g. private sector, NGOs, consumer groups, the media) seek to influence policy?
• Historical legacies: What is the past history of the sector, including previous reform initiatives? How this does influence CLUP stakeholder perceptions?
• Corruption and rent-seeking: Is there significant corruption and rent-seeking in the sector? Where is this most prevalent (e.g. at point of delivery; procurement; allocation of jobs)? Who benefits most from this? How is patronage being used?
• Service Delivery: Who are the primary beneficiaries of service-delivery? Are particular social, regional or ethnic groups included /excluded? Are subsidies provided, and which groups benefit most from these?
• Ideologies and Values: What are the dominant ideologies and values which shape views around the sector? To what extent may these serve to constrain change?
• Decision-Making: How are decisions made within the sector? Who is party to these decision-making processes?
• Implementation Issues: Once made, are decisions implemented? Where are the key bottlenecks in the system? Is failure to implement due to lack of capacity or other political-economy reasons?
• Potential for Reform: Who are likely to be the “winners” and “losers” from particular reforms? Are there any key reform champions within the sector? Who is likely to resist reforms and why? Are there “second best” reforms which might overcome this opposition?

Under the overall supervision of the Unit Leader of Land and UN-HABITAT DRC Unit under the Urban Legislation, Land and Governance Branch of UN-Habitat, in collaboration with UN-HABITAT DRC Secretariat, the consultant will perform the following tasks:

1. Develop and submit an inception report detailing proposed approach for conducting Political Economy Analysis in the Land Sector and the rationale for selecting the approach, itinerary plan, key milestones and expected outputs;
2. Submit detailed report on Political Economy Analysis highlighting key consideration for UN-Habitat DRC country level engagement and Donors sector Group on Land (Kinshasa);
3. List of recommendations in terms of policies, conflict sensitive programming & implementation with regard to CLUP 2016-18 in three selected provinces/groupement level
4. Make presentations to UN-HABITAT DRC Secretariat and relevant stakeholders in Bunia, Bukavu and Goma for inputs and recommendations;
5. Submit final report capturing relevant contributions from UN-HABITAT DRC.

Based on the Guidance Note on CLUP the consultant should propose the methodology it deems most suitable for the accomplishment of its mission. However, special attention will be given to the participatory diagnosis and consultations with all stakeholders.

The PEA will inform the DfID funded Land Program in Eastern DRC on key consideration in country level work including, but not limited to the following:

• Providing a profound PEA in intervention areas through an agreeable and reliable approach and based on lessons learned and best practices in the Land Tenure and Economic Value;
• Tacking stock on existing politic economic initiatives that impact on land governance and related laws, policies and the institutional framework in the post conflict settings;
• Prioritization that reflect clear understanding of what interventions - short, medium and long term- are likely to work, given prevailing interests and incentives;
• Responsive interventions that recognize prevailing interests and incentives, especially those created informally, ensuring they are explicitly addressed in programming;
• Description of structures and institutional mechanisms, building on existing ones, that make the CLUP works for the benefit of communities and populations;
• Identifying main triggers at Traditional leaders, National & Provincial Government levels that ensure CLUP viability and cleared from institutional, economic and legal constraints;
• Foundations for working partnerships and relationships that is sensitive to the underlying causes of good and bad governance thus enhancing mutual respect.

EDUCATION
Advanced University degree (masters or similar) in a field deemed relevant to the subject areas covered by these Terms of References such as Political Economy Analysis, Land Management, Land Economy, Land Governance.

WORK EXPERIENCE

• A minimum 10 years’ experience working in the field of Land Economy and Valuation
• Participation and experience in a valuation of unregistered lands initiative – preferably in a role providing substantive contribution to task accomplishment.
• Previous working experience with international development especially developing world environment.
• Demonstrated clear comprehension of various unregistered land situations
• Demonstrated clear comprehension of various valuation approaches related to valuation requirements and environment.
• Submission to this consultation as a team with seasonal and experienced skills for PEA Study is strongly encouraged.

LANGUAGE SKILLS
Fluency English (both oral and written) is required; knowledge French is an added advantage.

REMUNERATION
Payments will be based on deliverables over the consultancy period. There are set remuneration rates for consultancies. The rate is determined by functions performed and experience of the consultant. The fees will be paid in instalments upon completion and acceptance of the outputs.

ODI Analytical Framework for Conducting Political Economy Analysis in Sectors

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