1. Background
In the past five years, the populations of Honduras, El Salvador and Guatemala (often referred to as the countries of North of Central America, NCA) have been affected by devastating violence, extreme weather (torrential rains and flooding followed by months-long drought) and other natural disasters. The number of displaced people has been growing exponentially and every year hundreds of thousands become internally displaced, or flee their country trying to make their way to the US or Mexico and often get stuck in between or are sent back to their country, where they face additional challenges. From 2018 on, Mexico has de facto become a country of refuge, accommodating significant numbers of vulnerable NCA migrants and refugees, despite being self-declared as a non-safe third country. The increasing restrictions to
accessing asylum in the United States have led to an exponential increase of asylum applications in Mexico. NRC has been responding to mounting internal and external displacement since 2015, focusing on the protection crisis, but also integrating education, shelter, and WASH interventions and recently launching the new sector of livelihoods and food security. NRC is currently expanding and strengthening its presence and operations in NCA and Mexico and is particularly looking at developing its understanding of housing, land and property rights in the region.
Housing land and property (HLP) needs in Honduras and El Salvador are increasingly being reported by IDPs as key protection concerns. For instance, in the settlements, there is limited security of tenure for the accommodation used by IDPs. IDPs are exposed to eviction, threat and harassment with high number of evictions carried out by the authorities and violent episodes being reported. Once evicted, regaining access to their property becomes virtually impossible.
The ability of NRC to respond to HLP needs of IDPs in Honduras and El Salvador with current and future programming requires more in-depth knowledge about these challenges. NRC will undertake an HLP scoping study/assessment to understand HLP issues faced by the IDPs in these two countries with the objective of better understanding and responding to these challenges and support the overall humanitarian response.
NRC therefore requires one or more HLP Specialist(s) to undertake HLP Scoping Study/ Assessment in the two countries. The scoping studies/assessment will have similar methodologies which will be developed in collaboration with NRC Information, Counselling, and Legal Advice (ICLA) teams. These will comprise quantitative and qualitative data collection. The studies would run parallel or subsequently. The outcomes of these studies would inform NRC ICLA response on HLP issues and will provide strategic information for synergies and integrated response between ICLA programming with the other core competencies.
Staff need to be recruited and/or contracted to perform specific tasks related to these two scoping studies, which are detailed in the following sections.
2. ToR HLP Scoping Study/Assessment
2.1 Primary and secondary objectives
The primary objective of the scoping study/assessment are the following:
Develop an understanding of the HLP legal framework of the two countries;
Assess HLP needs faced by the displaced population;
Provide inputs to the development of a HLP Programme development strategy including synergies on HLP issues that NRC provides in the other sectors (i.e. livelihood, cash response and shelter) as well as NRC future role as a lead agency in HLP response in the two countries including in terms of strengthening the capacity of humanitarian agencies and key stakeholders.
The secondary objective is the following:
- Understand any civil documentation needs faced by the IDPs with emphasis on those related to the enjoyment of HLP rights (e.g. marriage and divorce registration and documentation).
2.2 Deliverables for the scoping study/ assessment
Redaction and dissemination of two country-specific reports outlining the state of play when it comes to HLP and the impact on displaced people, to allow for a better understanding of displacement dynamics and to inform NRC’s, as well as the overall humanitarian community’s programming.
Develop two country-specific internal scoping study with recommendations for HLP programming including modalities of implementation, risks and mitigation measures. Develop two country- specific LFAs for the HLP work providing suggestions to specific objectives, results and activities.
A briefing to the two country teams to present preliminary findings in the reports and discuss the proposed logical framework matrix for implementation of activities.
2.3 Scope of work of the scoping study/ assessment
Internal Scoping study: The short internal report shall determine the relevance and feasibility of ICLA HLP activities in the two countries, in urban and peri-urban settings and camp/collective centre settings and outline possible implementation models and activities. The report should include a log-frame format providing suggestions to specific objectives, results and activities.
The internal report should not be longer than 10 pages including the LFA.
External Assessment Report: The report should include a short analysis of the legal framework and an analysis of the situation on the ground highlighting barriers to the enjoyment of HLP issues faced by the IDPs. Linkages between HLP and the right to legal identity should be described too. The report should also include
key recommendations for action. The report is meant to be for external dissemination and should not be longer than 25 pages.
Key HLP areas of interest
The HLP Specialist(s) should assess HLP issues in rural/urban areas and in camp/collective centre settings. The following key HLP areas of interest have been identified:
1. Housing land and property rights at the place of displacement
Basic information about the accommodation
Relevant practice on the ground for securing accommodation
Legal obstacles to accessing HLP rights and the provision of shelter assistance
Level of security of tenure
Level of formality and informality of arrangement (documentation)
Instances of forced evictions
Prevalence of HLP disputes and methodology to resolve them
Habitability and other challenges
Vulnerable households such as female HH
Obstacles accessing, replacing or recovering HLP-related documentation
HLP-related information needs of IDPs
2. Housing, land and property right at the place of origin
Basic information about the accommodation at place of origin
Level of security of tenure
Level of formality and informality (documentation) of the accommodation at place of origin
Prevalence of HLP disputes and methodology to resolve them
Vulnerable households such as female HH
Obstacles accessing, replacing or recovering HLP-related documentation
HLP-related information needs of IDPs
3. Legal identity including access to civil documentation
Level of possession of civil documentation, in particular birth, marriage, divorce and death registration) and identity cards
Level of access to civil documentation and registration at the place of displacement
Obstacles accessing, replacing or recovering civil documentation
Civil documentation requirement for the enjoyment of HLP rights
Vulnerable groups such as female HH
Capacity and willingness of existing administrative, judicial and customary institutions to address the above issues (both HLP and legal identity) and the use of Collaborative Dispute Resolution (CDR). Other agencies capacity and programming on these issues.
2.5 Methodology of the scoping study/ assessment
The HLP Specialist(s) shall use NRC ICLA existing tools and frameworks to carry out the scoping study/assessment and develop the vision and strategy for NRC’s programme development and future role as a lead agency in HLP response in the two countries. The HLP Specialist(s) shall work closely with the head of programme and the two ICLA teams as well as Protection, Shelter and Livelihood colleagues in the two countries. Specialist shall liaise with the regional ICLA Adviser. The HLP Specialist(s) shall also liaise with advocacy colleagues.
The assessment will rely on desk research and a mix of qualitative and quantitative data, including existing data, focus group discussions and key informant interviews, as well as case studies from NRC ICLA work in the field. Where possible quantifiable qualitative data tools will be used.
Literature Review
A critical task for assignment is the completion of a literature review. The literature review is intended to review the applicable legal, social and other relevant frameworks that impact IDPs on HLP issues. This will include an analysis of laws and practices and a review of other research that has been carried out to date. The legal analysis will include the country legal framework as well international and regional frameworks where relevant.
Data and Field Research
Existing Data: NRC Protection/ICLA colleagues will provide existing information and available data based on current ongoing programming. Protection/ICLA staff possess a rich understanding of the HLP challenges IDPs face. They should be the starting point of the researcher in the collection of information on key issues. The use of participatory tools that involve group mapping and brainstorming provide excellent ways of capturing information that often cannot be found in reports, or in formal interviews.
In addition, the Protection databases currently being used by NRC in the two countries will be used for anonymized analysis on the various thematic issues including prevalence of the issues, and the identification of different needs and vulnerabilities and particularly complex categories of cases.
Additional data
Additional data collection will be necessary for a more complete understanding of HLP issues. NRC will carry out quantitative and qualitative data collection including household (HH) surveys, focus group discussions, key informant interviews and other methodologies.
An HH survey will be designed and piloted in Kobo and rolled out at field level. The sampling size will be agreed with the support of information management staff in the two offices. A detailed questionnaire will be developed in collaboration with ICLA teams after the desk review. Arrangement on the data collection will be made on a country by country basis.
Focus Group Discussions (FGDs) will be used to document the views of IDPs themselves, and will be held with different displaced groups. By speaking with different groups in the two countries, the hope is to be able to identify all challenges, but also to distinguish particular challenges stemming in a specific country or context. While challenges regarding access and an opportunistic selection of interviewees may not necessarily allow this stream of information to be representative of the country as a whole, it is anticipated that certain trends and patterns will emerge which can continue to be examined in greater depth. ICLA teams would organize and carry out FGDs but HLP Specialist(s) would lead on developing FGD questions and provide overall guidance on the process. Minimum number of FGDs will be decided for each thematic issues in collaboration with the ICLA teams.
Key Informant Interviews (KIIs) will also be used to collect more in-depth information. The informants are expected to vary by site, as different persons may have knowledge of the specific topic. Some examples of key informants may include (but are not limited to): court or local
officials; legal service providers; community, religious, or other local leaders who deal with IDPs; local and international NGO staff; and United Nations staff. ICLA teams would organize and carry out the KIIs but HLP Specialist(s) would lead on developing KIIs questions and provide overall guidance on the process. The minimum number of KIIs will be decided for each thematic issues in collaboration with the two ICLA teams.
- Case Study Analysis: the assessment will also include case studies. These cases should be used to demonstrate the various kinds of challenges IDPs face regarding the specific thematic issue (e.g. eviction), and should include where relevant women in different positions in life, such as married women (both civil and customary), divorced, abandoned or widowed women, single (not yet married) women. Case studies should be representative of typical examples of the thematic issues. Each case study should represent a different issue or challenge, rather than multiple examples of the same issue. ICLA teams will identify vulnerable cases suitable to be written up as case study and provide the HLP Specialist(s) with requested information. The HLP Specialist(s) will be responsible for drafting and revising the case studies.
3. Deployment Time:
Up to three months, indicatively September to November 2021 (dates are negotiable).
4. Experience and qualifications
The consultant will be required to meet the following minimum requirements:
Sound knowledge of HLP 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, sub cluster coordination, collaborative dispute resolution and legal aid provision;
Knowledge of working in an emergency context;
Previous experience in geographical or operations mapping;
Fluency in English and excellent writing and communication skills;
Fluency in Spanish desirable;
Proven ability to operate under high level of discipline and professionalism;
Specialization: Law, Humanities, Social sciences or related course;
5. Application Process and Requirements
Bids must include the following:
Proposal: outline of assessment framework and methods, including comments on the ToR, proposed timeframe and detailed work plan with number of days specified.
Proposed budget and financial offer.
Cover letter clearly summarizing experience as it pertains to this assignment (max 1 page).
Three professional references.
CV(s) and evidence of past assessments.
At least one example of an assessment report similar to that described in this ToR and drafted by the consultant that will be drafting the NRC report.
To see the complete ToR, visit: https://nrc.org.co/contrataciones/
How to apply:
- Bids must be submitted at hn.logistics@nrc.no, before the closing date 23 of august 2021.