Land Policy and Land Law specialist

Result of Service

The consultant will provide advisory services to the Ministry of Urbanism, Housing and Territorial Development, produce a land tenure code and provide advice on specific issues related to land commission, land tenure plans, land charter and participatory enumeration in order to contribute to reducing land conflicts and strengthening land tenure security.

Work Location

Home-based with mission to Conakry

Expected duration

6 months

Duties and Responsibilities

Organizational Setting
The United Nations Human Settlements Programme, UN-Habitat, is the agency for human settlements. It is mandated by the United Nations General Assembly to promote socially and environmentally sustainable cities, with the aim of providing adequate housing for all. UN-Habitat is the lead agency within the United Nations for the implementation of the New Urban Agenda. UN-Habitat supports Member States and development partners to transform cities into safer, more resilient and healthier places with better opportunities. She works with organizations at all levels, including all spheres of government, civil society and the private sector.

The Project “Strengthening multi-stakeholder dialogue for responsible land and environmental governance in Lower Guinea” is funded by the Peacebuilding Fund over a two-year period (January 2022 – December 2023) and implemented by UN-Habitat, the United Nations Development Programme (UNDP) and the non-governmental organization ACORD, in close collaboration with national counterparts under the leadership of the Ministry of Urbanism, Housing and Territorial Development.

This initiative aims to strengthen multi-stakeholder dialogue and social cohesion, and to establish gradual pragmatic mechanisms for responsible and secure land governance for vulnerable households and at risk of violence, in order to prevent conflicts linked to land operations exploitation of mining and quarry resources in rural and peri-urban areas and the occupation of public rights-of-way in urban areas in Lower Guinea. More specifically, the project will carry out advocacy and revision of texts for a legal, progressive and adapted land reform, promotion of legal texts and training actions and pilot implementation of tools for securing residential occupation and land; sensitization of local communities, administrative officials, the private sector on their rights and obligations; support in the establishment of redress mechanisms for eligible households subject to infrastructure demolition operations as well as the prevention and monitoring of human rights violations related to mining.

The project responds to the growing problem of violent conflicts and tensions around access to and use of (natural) resources, which excludes part of the population and has not been managed so far in a systemic and inclusive manner. It is structured around three strategic results, respectively: R1 - communities in extractive sites know their land rights and claim them peacefully from local public authorities and the extractive private sector (under the responsibility of ACORD); R2 - collaboration and economic partnership between extractive companies and communities are strengthened in the target areas (under the responsibility of UNDP); and R3 - target municipalities improve their urban planning tools and develop local development policies that mitigate conflict (under the responsibility of UN-Habitat).

Furthermore, it is important to underline that the failure to take into account certain local realities in the land tenure code and the lack of application of its content make land management difficult and generate conflicts that are becoming more and more recurrent. A revision of the land tenure code in this context must integrate important aspects such as: the identification and development of land administration tools and land tenure security procedures adapted to the needs and realities of urban and rural communities; awareness-raising on good land governance and transparency in land management and the fight against land tenure insecurity; compensation for people impacted by development projects; mechanisms for the prevention and management of land tenure conflicts; and modalities for controlling urban expansion. Taking all these parameters into account, in addition to the recommendations of the Land Tenure Forum (EGF) which took place from 14 to 17 November 2022 under the leadership of the Ministry of Housing, Urban Planning and Territorial Development (MUHAT), and based on a participatory process, will result into a revised code accepted by all, which will contribute to strengthening land tenure security in access to land in urban and rural environments.

This is why one of the aim of the project, included in result 3 of the project implementation plan, is to support the adaptation and revision of the Land Tenure Code in a collegial and consensual manner with the stakeholders involved, including the multi-stakeholder platform and specialists, taking into account all the parameters, both modern and traditional, mentioned above, in order to deliver a code adapted to realities and capable to reduce the multiple problems related to land tenure and to strengthen land governance.

Thus, a series of activities will aim at updating the land and property code in collaboration with the multi-stakeholder platform and sharing it in order to collect concrete suggestions; drafting the new revised code and sharing it through the establishment of means of communication adapted to the public; supporting and guiding the whole process of participatory enumerations, the elaboration of land use/occupation plans and land charter with a view to contribute to the setting up of land tools and to mitigate the related conflicts.

To achieve this, a consultant with expertise in the field will be recruited to work with the multi-stakeholder platform, which will also have a resource person with skills in land law to conduct the revision of the land and property code in a consensual manner. The consultant will guide the processes of participatory enumeration, the elaboration of land use/occupation plans and of a land charter.

Reporting line
The Consultant will work under the supervision of the CTA (Chief Technical Advisor) for Guinea Projects in Guinea.

Duties and responsibilities
The consultant will perform the following tasks:
¿ Conduct preliminary discussions with key actors and examine relevant documents to prepare an inception report and a work plan on the consultancy process;

¿ Provide technical assistance to the revision process of the land tenure code in relation with the multi-stakeholder platform, taking into account the local and modern contexts and also the recommendations of the Land Tenure Forum;

¿ Define and facilitate iterative consultation mechanisms with the multi-stakeholder platform during the drafting process of the code, including outreach mechanisms with the public;

¿ Conceive and facilitate two training sessions with the multi-stakeholder platform in relation to the land sector reform;

¿ Provide guidance for the implementation of participatory enumeration process, including the training of enumerators, the conception of the enumeration form, guidance for establishing the database and a geographic information system to enable the development of land use/ occupation plans;

¿ Provide guidance for the establishment of land commissions, the elaboration of land tenure plans and of a land charter; conceive training for land-related officials and deliver the training.

Qualifications/special skills

Advanced university degree (master’s degree or equivalent) in land administration/management, law, international development or any other field relevant to the assignment is required. A first level university degree in combination with two additional years of qualifying experience may be accepted in lieu of the advanced university degree

At least seven years progressive work experience in land reform and land management issues and research/policy development is required. Working experience with the public administration in Western Africa is required

Experience in writing policy, reports, legal documents and strategies is required

Experience in developing and delivering teaching/ training materials together in addition with very good knowledge of international experience and best practices regarding land policies, land management and local governance is desired

Experience in land and social cohesion and prevention of land-related conflicts would be an asset

Experience in working with the United Nations is an advantage

Languages

Fluency in both oral and written French is required

No Fee

THE UNITED NATIONS DOES NOT CHARGE A FEE AT ANY STAGE OF THE RECRUITMENT PROCESS (APPLICATION, INTERVIEW MEETING, PROCESSING, OR TRAINING). THE UNITED NATIONS DOES NOT CONCERN ITSELF WITH INFORMATION ON APPLICANTS’ BANK ACCOUNTS.