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Collaborative Dispute Resolution Assessment at Norwegian Refugee Council (NRC)

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Assessment of collaborative dispute resolution (CDR) structures -with a focus on women’s access- in North East Nigeria.NRC seeks a qualified individual to conduct an assessment of the current situation regarding collaborative dispute resolution structures in displacement affected NE Nigeria. The assessment should include a mapping of the existing structure and have a specific focus on women access to these mechanisms.Period: February – March 2017Reporting to: Programme Development Manager – Information, Counselling and Legal Assistance (ICLA) Programme Location Maiduguri, NigeriaBACKGROUND Since 2009, Northeast Nigeria is facing a complex and violent conflict which drastically deteriorated in 2013-14 and has led to a severe humanitarian crisis. From May 2016 , there has been a notable improvement in the security situation in NE Nigeria marked by an increase of the accessible local government areas (LGAs) and notable return of displaced persons. However, the security environment remains volatile and marked by violence within Nigeria and in neighbouring Lake Chad countries. Over 14.8 million people have been affected by the insurgency across the region and in Nigeria. Repeated security incidents and violations of human rights attributed to the insurgency continues to cause population movements inside and outside the country. To date more than 1.8m Internally Displaced Persons, displaced as a result of the insurgency have been identified mostly within the states of Borno, Adamawa and Yobe with the majority having sought refuge in Borno state( Maiduguri LGA). According to UNHCR statistics in 186,473 refugees are in neighbouring Cameroon, Niger and Chad. Families forced to flee their usual places of residence left behind, houses, land and other property. Amidst contemplation of return as a preferred durable solution, concerns have been raised by displaced populations over risks of damage, looting, destruction, illegal sale and secondary occupation of abandoned property in potential areas of return. Related to these concerns is the likelihood of an influx of housing, land and property disputes (HLP) disputes exacerbated by the disrupted HLP administrative functions, loss of title/ownership documents, inheritance wrangles as well as fraudulent sales. In areas of displacement there is currently limited access to HLP depriving people of physical and socio-economic security including shelter, water and food as well as the ability to have a sustainable source of livelihoods. There is a significant strain on existing services and resources in the displacement population receiving areas, this is a potential cause of disputes and tension within the displacement affected communities. With the increased access to LGAs and anticipated increased returns of IDPs which implies potential increase of HLP disputes, it is important to promote access to justice and collaborative dispute resolution for peace and stability as well as conflict resolution and prevention around HLP rights issues for durable solutions. In order to implement conduct a relevant and sustainable intervention an assessment into the CDR structures within potential areas of intervention is required. To ensure gender mainstreaming, the assessment will also pay attention to the constraints that IDP women face, in particular the differential impacts of access to formal and informal CDR mechanisms. influxThe ICLA activities in Borno StateThis is a new programme area for NRC in Nigeria. However, NRC will draw upon its global ICLA expertise to promote better understanding of the key protection issues on HLP and legal identity and civil documentation in the Nigeria IDP context.NRC Nigeria recently conducted a detailed assessment of HLP and Legal identity and civil documentation issues In Borno state . The assessment sought to inform the country ICLA strategy and focused on HLP issues and legal identity and civil documentation. Findings of the assessment were indicative of a range of HLP need gaps including risks of forced eviction and secondary displacement in settlement areas where the vast majority of IDPs have no security of tenure and the presumption of secondary occupation, inheritance wrangles, loss of ownership documents and property destruction in areas of origin.In response to these needs, the NRC ICLA program seeks to increase access to justice through provision of legal aid services to IDPs including through collaborative dispute resolution. In order to provide an efficient and effective services, NRC, and other partners, require a deeper understanding of the CDR structures with particular focus on women’s access to statutory, religious and traditional CDR mechanisms. The findings of the assessment will inform programming through a clear mapping of CDR structures and identification of priority areas for intervention and support particularly in terms of capacity building support. The proposed insight into existing structures and service provision will enable NRC global expertise to be adapted to the context and ensure the quality, relevance and sustainability of subsequent programming. This will constitute the solid basis on which the NRC ICLA programme can strengthen engagement with local development and humanitarian actors to build capacities and generate ideas for partnerships/joint initiatives focused at promoting community cohesion and access to HLP rights.OBJECTIVESThe main objectives for the consultancy are to

Enable the NRC Nigeria ICLA programme to implement relevant, effective and sustainable programming to address HLP disputes through mapping and analysis of the existing dispute resolution structures, their mandate, thematic focus and procedures.
Adequately inform how the NRC ICLA programme can advance the HLP rights of displaced women and other vulnerable groups through its collaborative dispute resolution activities.

Specific tasks

Develop a detailed work plan to be approved by the ICLA PDM.
Review relevant literature regarding HLP and dispute resolution structures in NE Nigeria and become familiar with NRC global toolkit on CDR.
Conduct field visits to Maiduguri, Adamawa and Yobe to map formal and informal CDR structures in specified sites for potential CDR interventions
Capture the views of potential beneficiaries-specially women- and of key stakeholders (statutory, customary and religious authorities, protection actors, etc.) by adapting NRC existing methodologies, especially those designed to conduct focus group discussions with displaced women
Hold a workshop with relevant staff in NRC Nigeria to present findings and brainstorm on proposed interventions
Produce a report including a mapping, findings and recommendations
Expected deliverables
The consultancy is expected to produce the following;
Comprehensive mapping of local statutory, traditional and religious CDR structures operating in North-East Nigeria in particular within the three states of Adamawa, Borno and Yobe. Mapping to include geographic coverage, location, sectorial focus, organizational capacity and experience.
Power point Presentation of the draft findings and preliminary report to the SMT for comments with clear picture of CDR mechanisms and legal aid provision around HLP to population of concern
A detailed final report of the process mapping and assessment, with summary recommendations and guidance on proposed future interventions.

MethodologyThe consultancy will involve

A desk review
Field research including interviews with key stakeholders, focus group discussions and observation of case handling by dispute resolution authorities (where possible)
Workshop with ICLA staff to identify possible programme avenues.

Management and coordination

A reference group has been formed in the ICLA team in Nigeria. This group will oversee the consultancy. The ICLA Programme Development Manager and the Area Manager will have overall responsibility on the management and coordination of the consultancy process. Two ICLA Project Officers will be key counterparts to the consultant for regular consultation, providing information and coordinating visits to the field. The ICLA Program development manager will provide grounded technical advice on Housing Land and property and Collaborative dispute resolution as envisaged in the context and the ICLA strategy. Apart from selecting the consultant, the Reference group will be responsible for:
Scheduling appointments for meetings, sessions and/or workshops;
Provide information on current and potential areas (LGAs) for ICLA, CDR operations
Reviewing and commenting on the draft report;
Assisting to identify translators (where needed)
NRC Nigeria will provide in-country technical programme support, while NRC’s ICLA Global Adviser may be available for additional technical support including sharing NRC tools, being interviewed and providing feedback on the draft report.

Qualifications

The consultant will have strong professional experience developing training materials and other facilitation tools. In addition s/he should have:
Sound knowledge of HLP including women’s rights in conflict or post-conflict communities, including forced displacement, humanitarian assistance and development
Previous International Development or Humanitarian experience, preferably with access to justice, collaborative dispute resolution and legal aid provision
Knowledge of working in an emergency context;
Previous experience in geographical or operations mapping
In depth knowledge of humanitarian and development landscape in North East Nigeria and knowledge of actors on the ground
Fluency in English and Hausa and excellent writing and communication skills
Proven ability to operate under strict deadline and high level of discipline and professionalism.
Legal knowledge including knowledge of Sharia will be a distinct advantage. In addition, previous experience working in or on North east Nigeria is a particular asset.

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