Consultancy services – Research on broadening contextual understanding of Housing Land and Property Rights in the Afgooye district. At Norwegian Refugee Council

Terms of Reference

Research on broadening contextual understanding of Housing Land and Property Rights in the Afgooye district.

Location: Afgooye district (Afgooye town, Lafoole, Mareerey and Afgooye corridor)

Duration: 45 working days

Critical interface: Head of Programme, ICLA PDM, ICLA Managers, &HLP focal points

Consultancy type International/Local

Travel: No travel is required for this consultancy

Background and Context

Somalia represents one of the world’s most complex and long-standing humanitarian crises, where a complex interplay of climatic extremes, conflict, and socio-economic vulnerabilities have combined to create a cute needs and protracted humanitarian crisis. Although concerted efforts by the government and international partners have positioned Somalia on a positive trajectory toward recovery, the legacy of protracted instability is being exacerbated by intermittent climatic shocks, insecurity, and evictions. Forced evictions remain among the most severe and prevalent protection threats in Somalia, representing both a cause and a multiplier of the displacement crises. Congested cities with weak urban systems are struggling to cope as the complex interplay between natural hazards, climatic shocks, conflict, and insecurity continues to drive mass displacements across the country.

The climate-induced disasters, compounded by ongoing conflict and insecurity, have led to record displacement levels, with 2.9 million people displaced in 2023 alone[1]. The majority of these displacements were due to climatic shocks, emphasizing the growing impact of climate change on human mobility. Furthermore, the conflict situation has escalated, with civilian casualties continuing to rise and almost 654,000[2] recorded between January and December 2023. The attacks on critical infrastructure and humanitarian workers have further constrained the delivery of aid and access to essential services[3]. Moreover, forced evictions continue to increase vulnerabilities in urban centers with approximately 207,851 people facing secondary displacement in 2023 t a slight increase from the 2022 figures of 188,186 people forcefully displaced across key towns in Somalia. NRC established an eviction monitoring network in Afgooye recording 1,728 people forcefully displaced. The causes of forced evictions in Somalia revolve around a set of intertwined dynamics that encompass illegal occupation and squatting, unplanned and rapid urbanization, land grabs, development and infrastructure projects, urban redevelopment, property market forces often supported by state intervention, contested and multiple claims, and natural hazards e.g. flood risk, potential flooding, and drought or famine. Evictions take place at both settlement and household levels. Settlement-level removals are the most visible and are easier to track than household-level incidents, which can be more insidious, and less visible. Owing to a lack of access to financial resources, the majority of IDPs exchange humanitarian aid received instead of rental fees, inadvertently fueling a problematic cycle of exploitation by landowners. This rental economy prompts some landowners to engage in the commercialization of evictions – evictions threatened or executed with a deliberate view to attracting humanitarian attention and/or assistance.

Afgooye is a city in the Lower Shabelle region of Southwest State, Somalia, and is the administrative capital of the Afgooye district hosting more than 52[4] IDP sites accommodating 10,105 households or 57,753 individuals. Compared to the last site verification conducted in May 2023, there was an increase of 11 sites, 3,054 Households or 15,571 individuals representing a quintessence of the dynamics and challenges confronting displaced populations across Somalia.

In 2023, Afgooye received over 41,000[5] newly displaced persons while another 51,000 people fled Afgooye district to the neighbouring towns due to flood (25,000), drought-related (19,000), and conflicts/generalized insecurity (7,000) people with the majority forced to either create new unplanned sites or join existing settlements due to the limited absorption capacity. NRC conducted an Eviction Risk Mapping exercise in December 2023 under EU NEGAAD project to identify the eviction at-risk IDP settlements, inform tenure arrangements, and advocate for better site-level eviction risk management approaches. 43 IDP settlements were assessed with 63,648[6] people covering Afgooye city and Lafoole.

These figures represent a quintessence of the dynamics and challenges confronting displaced population across Somalia and is also prone to changes in power dynamics due to an evolving political governance. As Baidoa expand and competition for resources increases, IDPs are typically being transformed into the urban poor, integrated into chronically poor host communities or desolate settlements with few livelihood options or opportunities. IDPs and other marginalised communities remain exposed to the ongoing threats of eviction due to the informal nature of housing in Somalia combined with the absence of adequate HLP regulatory frameworks and limited government capacity in leading eviction-prevention initiatives. These intertwining dynamics and persistent negative trends continue to weaken the overall protective environment, undermine humanitarian investments, and precipitate protection challenges spanning the safety, health, dignity and livelihoods of displaced communities in Baidoa. IDPs remain disproportionately affected across the city, particularly women and children who constitute the most vulnerable substratum of the population.

Noticeable progress has been made to address the issue of forced evictions in Baidoa, including the adoption of a moratorium prohibiting evictions during the Covid-19 crisis and the establishment of a Taskforce to enhance eviction prevention and response capacity, but the underlying factors persist. Eviction as a problematic phenomenon remains a foundational imperative to addressing the issue of displacement in a realistic, comprehensive and sustainable way. To achieve this, an important first step is to gain a deeper and more balanced understanding of the underlying intricacies. It is against this backdrop that the current study has been commissioned.

OBJECTIVES AND SCOPE

The research studies will focus on broadening contextual understanding of HLP and legal identity in general, provide evidence and data to inform HLP programming and advance practical policy solutions to address the problem at different levels. The studies will provide an in-depth review of the practice of HLP rights in Afgooye, with practical recommendations for change or new practices that could reinforce the aim for durable solutions for displaced populations, especially women, in the district.

PROPOSED METHODOLOGY

• The methods expected of the consultant would embody a comprehensive desk review of relevant literatures, published reports and statistics, analysis of raw datasets, as well as the conduct of key informant interviews.
• The qualitative fieldwork will include focus group discussions (FGD) with male and female IDP community members and key stakeholder interviews (KII).
• The information gathered would be extensively analysed from different perspectives while employing multiple techniques and statistical procedures. To gauge the perception, the consultant will be required to survey a purposively sampled number of key governments, development, private sector, humanitarian and community stakeholders, including cluster coordinators.
• In addition, NRC shall collect a number of case studies to gain an in-depth understanding of the issues and how they affect DACs. All names of individuals shall be withheld to respect respondents’ privacy.
• The research team shall triangulate all the findings across multiple data sources, in particular the comparison of the qualitative findings with ICLA programme’s experience and data.

The expected sample frame shall encompass but not be limited to:

• Heads of local government agencies whose responsibilities are linked to the promotion or protection of HLP rights
• Heads of agencies of local government that are responsible for or involved in eviction prevention and response.
• Senior officials of the municipality of Baidoa
• Landlords
• A cross-section of settlement leaders
• Representatives of humanitarian organisations
• Cluster and sub-cluster coordinators
• Selected members of the Afgooye Eviction Taskforce/BRA Eviction Taskforce
• The HLP sub-cluster
• Representatives of the EU BREACH/NEGAAD consortium
• Representatives of development actors and the private sector
• Urban planners Etc.

EXPECTED DELIVERABLES

• Conduct a targeted literature review.
• Document focus group discussions and interview notes from the key stakeholder interviews (KII)
• A comprehensive report of not more than 30 pages consisting of a cover page, table of content with figures tagging, an executive summary, report details interspersed with data visualisation charts and graphs, key findings and recommendations. The report should further that outlines the challenges, gaps and recommendations, including a compelling rationale as well as practical policy and implementation options. This should include pathways for stakeholders to operationalize the available innovative tools, frameworks and approaches to secure land tenure and rights; and show how existing and innovative tools can be used together to foster HLP rights
• A condense 3-pager of the executive summary and key finds and recommendations for advocacy purposes.
• Not less than 10 pages a PowerPoint presentation
• All of the data collection tools and data collected (raw, summarized or otherwise

DESIRED PROFILE AND EXPERTISE

• The consultant/consultancy firm will work in close collaboration with the NRC HLP team and the partner organizations of the EU BREACH/NEGAAD Consortium. The consultant will have multi-disciplinary expertise with proven research experience and relevant expertise in data and protection/legal analysis. The following are the desired profile and qualification requirements.
• Advanced degree/MSc degree in Law, Social Science, Development Studies, Public Policy Management, and other related fields.
• Not less than 3 consecutive years’ experience of conducting legal and protection analysis, research, and programme development.
• A demonstrated track record of carrying out a similar type of assessment (sample to be attached when applying).
• Excellent analytical and writing skills.
• Familiarity with the socio-political and humanitarian trends in Somalia.
• A solid and diversified experience within the Protection or legal aid sector will be desirable.

TENTATIVE SCHEDULE

• Inception Meeting with the research steering committee
• Inception report
• Desk review of relevant literature, reports, statistics and datasets
• Development, pre-testing and validation of the survey questionnaire
• Finalization of assessment tools including scripting of questions on ODK/Kobo tools, if applicable.
• Data collection – to be carried out remotely or through an alternative arrangement with infield staff
  • Data analysis and preparation of the draft report
  • Validation of draft report
  • Final Report
  • 3-pager executive summary and recommendations
  • PowerPoint presentation

Note: The timeframe for each activity and deliverable will be agreed with the consultant

SUBMISSION OF APPLICATION

All Bids should include:

1. A cover letter introducing the consultant. In the case of a firm, the cover letter should introduce the team composition and specify the role to be played by each team member.
2. A technical proposal of not more than 5 pages outlining how to execute the task with a clear framework, methodology, and timelines. The proposed methodology should demonstrate a clear understanding of the ToR.
3. Resume of the consultant, or each team member for firms
4. Evidence of experience conducting similar HLP assignments
5. Proposed budget indicating consultancy fee and all auxiliary costs in USD.
6. Proof of registration from the country of origin as a limited liability company sole trader/self-employed individual consultants and tax compliance certificate.

Evaluation of Bid

The Norwegian Refugee Council shall examine the legal documentation and other information submitted by Bidders to verify eligibility and then will review and score bids according to the following criteria.

Score criteria

Completion and inclusion of requested information and supporting documents (Administrative compliance) to be submitted with the application

• Copy of company registration – Proof of registration from the country of origin as a limited liability company sole trader/self-employed 5 points
• Copy of tax registration 5 points

Total score criteria (Administrative compliance) 10 points

NB/ Pass marks to proceed to technical evaluation is 5 points

Technical supporting documents

• A cover letter introducing the consultant. The cover letter should introduce the team composition and specify the role to be played by each team member. 5 points
• A technical proposal of not more than 5 pages outlining how to execute the task with a clear framework, methodology, and timelines. The proposed methodology should demonstrate a clear understanding of the ToR. (Technical evaluation) 35 points
• Previous experiences in similar works/services – Evidence of HLP, policy analysis, protection, and advocacy work in the context of Somalia (Samples of similar work) is required (Technical evaluation) 10 points
• Resume of each team member (Schedules (Key Personnel and Activity schedule) 10 points

Total score criteria (Technical evaluation) 60 points

Financial supporting documents

• Price in comparison to NRC estimated rate – Proposed budget indicating consultancy fee, logistics cost, and all other auxiliary costs in USD (Financial evaluation) 30 points

Total score criteria (Financial evaluation) 30 points

Grand total score (Administrative compliance, Technical and Financial evaluation) 100 points

[1] https://data.unhcr.org/en/situations/horn/location/192

[2] https://unhcr.github.io/dataviz-somalia-prmn/index.html#reason=&month=&need=&pregion=&pdistrictmap=&cregion=&cdistrictmap=&year=2023

[3] https://reliefweb.int/report/somalia/somalia-2023-annual-humanitarian-access-overview

[4] CCCM verified sites October 2023

[5] https://unhcr.github.io/dataviz-somalia-prmn/index.html#reason=&month=&need=&pregion=&pdistrictmap=&cregion=&cdistrictmap=&year=2023

[6] NRC Eviction Risk Mapping Assessment, Dec 2023 Afgooye district.