[TimorLesteStudies] Consultant for Program Design and Research Activities, Land Reform Component

[Jennifer Drysdale]

Terms of Reference
 
Consultant for Program Design and Research Activities, Land Reform Component
Justice for the Poor 
World Bank, Timor-Leste

Location:            Dili, Timor-Leste, with extensive field work
 
Duration:            Short Term Consultant – 100 working days (w possibility of extension)
 
Recruitment:             International
 
 
I.          INTRODUCTION
 
1.     Justice for the Poor (J4P) is a global research and development program aimed at informing, designing, and supporting pro-poor approaches to justice reform. J4P seeks to understand how governance and justice systems function at the local level, and how individuals and communities navigate those systems in order to resolve disputes and to make claims to (or against) state- or non-state authorities. J4P aims to inform operations in the areas of governance and justice, build the capacity of local institutions and researchers to design and implement high-quality research, disseminate findings, and use such findings to inform ongoing policy reform.  
 
2.     The J4P program has been active in four countries (Indonesia, Cambodia, Sierra Leone and Kenya) and with the support of AusAID is developing a regional program in East Asia and the Pacific, which includes two new country programs (Timor-Leste and Vanuatu). In each context, research and activities are tailored to the Bank’s Country Assistance Strategy and where possible are integrated into the Bank’s operational initiatives.
 
3.     Justice for the Poor Timor Leste (J4P-TL) was launched in July 2008. As the nascent state expands its footprint beyond Dili through budget expenditure and regulatory authority, Justice for the Poor will contribute analytical and operational work that aims to promote equity, sensitivity to conflict and accountability to the public. A draft Program Framework Document defines the program’s scope of work.  The two main fields of work in this respect are: (i) service delivery and social protection; and (ii) land and natural resource management. 
 
Land and NRM
 
4.     Land is central to both economic development and social stability.  Land is the main productive asset for most Timorese citizens, whether rural or urban.  Disputes over land are the greatest trigger for social conflict and violence.  Clarity over ownership and usage rights and effective dispute resolution mechanisms for land conflict will enhance peace and security and lay the basis for productive investment at the household and macro-levels. 
 
5.     Achieving these outcomes will be a complex and long-term process.  Despite the continuing absence of a Land Law, the major ongoing initiative with respect to land management is a cadastral mapping process that was launched by the Ministry of Justice in October 2008.  Supported by the USAID Strengthening Property Rights in Timor Leste project, this process will comprehensively document claims over all tracts of land across Timor Leste by 2012. 
 
6.     Disputes that will inevitably surface through this process are being resolved through various dispute resolution mechanisms at the local level, including a mediation unit within the Land and Property Directorate (DNTP) of the Ministry of Justice.  Disputes involving state land or government officials are explicitly excluded from this process.  Many more disputes will never reach the DNTP mediation teams at all – they will be resolved by direct negotiation, through non-state justice systems or the courts or simply left unresolved.  Weak parties with a grievance over land may in fact never express their complaints at all. 
 
7.     Working closely with the Ministry of Justice and the USAID/ARD, Justice for the Poor-Timor Leste is developing a program of analytical work to deepen understanding of dispute dynamics around the cadastral process, with a strong focus on the rights of groups traditionally marginalized from local power structures, including women and the rural poor. 
 
 
II.        DUTIES AND RESPONSIBILITIES
 
8.     The services of a consultant are required to initially help develop J4P-TL’s work program on land issues.  The main duties and responsibilities of the Consultant are[1]:
 
A.                 Program Design
·      Working closely with the Interim Program Coordinator, Justice for the Poor Task Team Leader, and Land Thematic Expert, develop a Concept Note (drawing on an existing draft) and research questions for J4P-TL’s land reform focus. Ensure the program is integrated into the Bank’s portfolio and broader development objectives.
·      Develop a Draft Research Plan, supervision protocols and any necessary training materials for local research teams.
·      Develop a work plan for the land reform work.
·      Coordinate and manage relationships with the World Bank’s Rural Development team, AusAID’s rural development program, the USAID/ARD Ita Nia Rai program, the Direccao Nacional de Terras, Propriedades e Servicos Cadastrais (DNTP) of the Ministry of Justice, and other relevant stakeholders on program design.
 
 
B.                 Research and Operations 
·      Provide regular (monthly) informal progress reports and summaries of findings to the TTL, Interim Program Coordinator, and country team.
·      Draft a briefing note on findings of initial research and design stage.
 
C.                 Other
·      Participation in workshops, conferences, and other forums, both in Timor-Leste and abroad, as appropriate and required.
·      Other tasks as required and agreed to by the TTL, Interim Program Coordinator, and the Consultant.
 
9.     Specific deliverables will include:
·      Concept note (based on existing draft) and research questions
·      Draft research plan and any necessary training materials
·      Contribute to a work plan detailing timelines and processes for initial field research activities
·      Briefing note on initial field research findings, in line with J4P BN formats
·      Contribute to the development of follow-on research, policy, and/or operational activities.
 
IV. QUALIFICATIONS & EXPERIENCE
10.  Candidates should have the following qualifications:
·      An advanced degree in law or the social sciences.
·      Demonstrated experience working on land reform in a legally pluralistic context.
·      Experience designing and managing qualitative field research.
·      Knowledge of access to justice and land reform issues in Timor-Leste.
·      Proven experience mentoring national staff and building local research capacity.
·      A record of producing high-quality reports for policy audiences.
·      Stong research and analytical skills.
·      An ability to take the initiative and lead a team in a cross-cultural environment.
·      Fluency in English required. Abilities in Tetun, Indonesian, or Portuguese languages an advantage.
·      Preference will be given to candidates with previous experience in Timor-Leste.
·      Qualified Timorese nationals are strongly encouraged to apply. 
 
 
 
VI. MANAGEMENT
 
11.  The position is based in Dili, with extensive travel to field sites. Occasional travel to other J4P countries and countries in the region is possible.
12.  The Consultant will report to the Interim Program Coordinator (Pamela Dale) and the Task Team Leader (Caroline Sage).
 
VII.       RECRUITMENT PROCESS
 
13. Interested and qualified candidates should submit a CV and cover letter detailing their relevant experience and available start date to Pamela Dale (pdale at worldbank.org) and Geraldo Moniz da Silva (monizdasilva at gmail.com) by no later than 14 January 2008. The assignment is expected to commence in February of 2008. 
 
 

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[1] All tasks will be conducted in cooperation with the Dili-based Interim Program Coordinator, project TTL, and appropriate J4P advisory staff.

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