TERMS OF REFERENCE FOR CONSULTANCY SERVICES FOR ASSESSMENT AND REPORT WRITING ON “MINORITY’S” ACCESS TO LAND AND TENURE DOCUMENTATION IN SOUTHWEST, JUBA LAND AND PUNTLAND STATES

1. Overview.

Purpose of Assignment: Assessment and report on minority’s access to land and tenure security documents.

Location of Assignment: Southwest, Jubaland and Puntland

Duration of contract: 2 Months

1. Background.

Somalia continues to face complex humanitarian crises driven by persistent conflict, climate shocks, such as floods, conflict and drought, and weak governance. Between 2023 and 2024, the Country witnessed an alarming number of displacements, with now over 3.8 million Internally Displaced Persons (IDP) across most of the regions.[1] The climate-induced drought and floods, alongside ongoing conflicts, have forced families to leave their homes, especially in rural areas, and settle in urban settings and their surroundings.

The displaced community relyon humanitarian assistance provided in mostly privately-owned IDP sites for shelter and security endure their forced displacement. These temporary sites provide shelter, livelihoods, and social connection to others, becoming semi-permanent settlements for the displaced as they await durable solutions. However, these sites are often plagued by overcrowding, poor infrastructure, and limited services, with land-related disputes among the biggest stressors in the community. The land-related issues include, among others, denied access to land, forced evictions, and discrimination, especially in urban areas such as Mogadishu, Baidoa, Garowe, and Kismayo, where land owners perceive displaced populations as a threat to their economic interests. Some IDP sites are governed by informal “gatekeepers” who manage access to aid and raise the risk for exploitation.

The above challenges affect the displaced communities differently, with some reports indicating that minority groups are hit most because of social exclusion, lack of protection, and limited access to legal services. Although the population of minority groups living in Somalia has not yet been established, estimates indicate that they constitute more than one-third of the total Somali population. The minority groups include Bantu, Bravenese, Rerhamar, Bajuni, Eyle, Galgala, Tumal, Yibir and Gaboye. These groups continue to live in conditions of great poverty and suffer numerous forms of discrimination and exclusion.[2]

When it comes to access to Housing Land and Property, although no comprehensive research was done in all major locations, preliminary reports indicate that minority groups are denied land ownership in several places because of their social background. Ownership of land in Somalia is largely through the customary system presided over by clan leaders who often belong to the majority or well-off clans. With no access to land or documentation to prove ownership, displaced minorities in cities remain trapped in cycles of poverty. Urban land ownership is often contested, and conflicts over land are frequent, especially in areas controlled by competing clans or business interests. The absence of tenure documents and formal land agreements makes long-term solutions—like permanent resettlement—challenging to implement for these communities.

The HLP AoR has reported the forceful eviction of over 100,000 IDPs, with the quarter-two analysis of 2024 indicating that 28% of the reported cases of forced evictions mainly affected minority groups. This is because while in displacement camps, they prefer living near to each for protection purposes at times, they are pushed to occupy areas that not preferred by majority groups and hence when Evictions affect those areas or villages, it means most of the minority become victims. To understand further the structural barriers minority groups face, UNHCR and NRC will conduct a focused study on minorities’ access to land and tenure security, primarily in South-west, Jubaland, and Puntland states. This research will also provide insights into policy gaps that need to be addressed to ensure fair access to land and secure tenure, which are crucial for social stability, economic development, and the attainment of durable solutions for displaced populations. Collaboration with minority-led organizations will be instrumental in ensuring that the research captures authentic experiences and recommendations. Ultimately, addressing land access and tenure security is fundamental to breaking cycles of poverty, preventing future displacements, and promoting sustainable recovery for minority groups in Somalia.

This brief context highlights the urgency for the proposed research, offering a nuanced understanding of how land tenure challenges intersect with the humanitarian crisis and disproportionately affect minority groups. The study will also offer a foundation for future policy interventions to promote equitable land access and sustainable livelihoods for all displaced communities in Somalia.

1. Objectives of the Assessment/study.

The primary objective of this study is to examine the barriers and challenges faced by minority groups in accessing land and tenure security documents in Somalia, with a focus on Southwest, Jubaland, and Puntland states, specifically the study aims to:

1. Analyze structural and policy-level procedures and barriers affecting land ownership and documentation, particularly for minority groups, within a socio-political context where clan-based systems dominate land governance.
2. Assess the impact of tenure insecurity on the livelihoods, displacement dynamics, and vulnerability of minorities living in IDP camps and urban areas.
3. Identify gaps in existing policies and offer recommendations to enhance access to housing, land, and property (HLP) rights for marginalized communities. The report should be able to inform and guide on advocacy initiatives.
4. Provide actionable insights for humanitarian organizations, government authorities, and other stakeholders to develop durable solutions, ensuring secure land tenure for minorities.
5. This study will inform future policy interventions and contribute to breaking cycles of poverty, reducing forced evictions, preventing further displacement, and promoting sustainable recovery.
6. Scope

This assessment focuses on identifying barriers minority groups face in accessing land and tenure documentation in the selected regions. It will explore how systemic, cultural or other factors are denying access to HLP such as tenure insecurity, discrimination. And its affects to the socio-economic wellbeing and livelihoods of these communities. The study aims to generate actionable recommendations that promote inclusive policies, support humanitarian principles, and contribute to durable solutions for marginalized populations.

1. Roles and Responsibilities of NRC in the assessment.

NRC’s specific roles and responsibilities in the project include coordinating with UNHCR, to ensure that project funding is secured on time, and all payments for services and activities are disbursed promptly.

1. Identify relevant minority-led organizations operating in the target areas and support them in recruiting qualified data collectors (enumerators).
2. Facilitate payments through the selected minority-led organizations, by ensuring all costs related to data collection (e.g., daily allowances, transport costs) are paid to enumerators in accordance with agreed schedules.
3. Engage and brief a consultant, by identifying and contracting a suitable consultant, providing necessary briefings and guidance on the project objectives.
4. Ensure that payments to the consultant are made in accordance with the payment schedule outlined in the final section of this TOR.
5. Provide project briefing and context; NRC will offer comprehensive project briefings to the consultant, including relevant information about NRC, the donor, and the operating context.
6. Support in the development of data collection tools: Collaborate with the consultant on the development of appropriate data collection tools and organize the training of enumerators.
7. Facilitate consultant travel and accommodation (if applicable): If in-person participation is required for validation or presentation meetings in Somalia, NRC will arrange the consultant’s travel, accommodation, and logistics.
8. Provide data for analysis: Timely share both primary and secondary data with the consultant to enable smooth analysis and report writing.
9. Engage and connect the consultant with Sub-National Protection coordination units as well as relevant clusters such CCCM for relevant information or key informants interviews.
10. Work closely with UNHCR protection to ensure that the consult’s requirements and support is provided for the successful implementation of the project.
11. Perform additional tasks as needed: NRC may undertake any other relevant duties necessary for the successful execution of the project.
12. Roles and Responsibilities of the Minority-Led Organizations

The selected minority-led organization must have a strong operational presence in the target area, significant experience working with minority groups, and a sound understanding of the local context. Specific responsibilities include:

1. Recruitment of enumerators: With NRC, support to identify and recruit qualified enumerators to administer the assessment tools in designated locations.
2. Manage time sheets and payments: Maintain time sheets for enumerators, accurately recording their working days and payment details. Share these records with NRC in a timely manner to facilitate payment processing.
3. Coordinate with NRC on data tools: Liaise with NRC’s focal point to ensure any queries or clarifications regarding the assessment tools are addressed promptly.
4. Document field activities: Compile field reports that capture relevant information, including work schedules, challenges encountered, and any additional insights not captured by the online tools. Share these reports with NRC for further action.
5. Make available if needed, appropriate facilities (such as computers, internet access, and space) during the training of enumerators.
6. Roles and Responsibilities of the Consultant

The appointed consultant is expected to deliver the project objectives efficiently and professionally. Specific responsibilities include:

1. Receive briefing and align with project objectives: Engage with NRC for a detailed briefing to understand the purpose of the assessment and expected deliverables.
2. Review methodology and tools (if necessary): Assess the proposed methodology and data collection tools, providing technical input to ensure alignment with the project’s overall goals.
3. Analyze primary and secondary data: Analyze all collected data such as existing policies and legal frameworks etc (desk review) on land tenure and primary data including to produce a comprehensive report high lighting the barriers to land access and tenure documentation faced by minority groups. The report should also explore the socio-economic impact of tenure insecurity on the livelihoods of these communities.
4. Provide actionable recommendations: Identify opportunities for improved access through policy reforms and inclusive practices as well as offer recommendations for durable solutions in accordance with humanitarian principles.
5. Present findings to NRC and UNHCR: Share the draft report with NRC and UNHCR for review, incorporating feedback and adjustments as needed.
6. Participate in external validation meetings: Collaborate with NRC to present the findings to external stakeholders for validation and input.
7. Submit final report and materials: Submit the final report, including PowerPoint presentations and any other relevant deliverables, for NRC’s approval and sign-off.

NRC and its donor will own the copyright associated with the final report, but the consultant will be acknowledged as the author during publications or any presentations.

1. The Proposed structure of the report

The final report should outline the content in a well-organized manner providing clarity, professionally and aligned to the topic and the content. To that end, below is the proposed structure of the report.

Cover Page

The cover page which should include Report title, Date of submission, logos of NRC, UNHCR and the HLP AoR.

Table of Contents

A detailed outline of the report’s structure, listing: all sections, sub-sections, and annexes, tables, figures, and visual aids, with corresponding page numbers.

Executive Summary

The executive summary should provide a concise overview of the report, covering, assessment objectives, key findings, conclusions, recommendations and limitations. This section should offer a high-level summary, enabling readers to grasp the report’s content quickly.

Introduction

This section should set the stage for the assessment on Minority’s access to land and tenure documents and should include among others; Background and Context high lighting challenges Minority groups face regarding land access and tenure security. It should also include the purpose of the assessment explaining the relevance of the assessment to NRC, UNHCR, and broader humanitarian goals.

Methodology

The methodology section should detail how the assessment was conducted, ensuring transparency and rigor. It should among others include Justification of the methods used and why the specific data collection tools and techniques were chosen, for example interviews, surveys and focus groups. As well as Sampling procedures including and data sources.

Assessment Limitations

This section should provide a transparent discussion of challenges and constraints, that will be encountered such as logistical issues, access limitation, sampling constraints etc.

Presentation and Analysis of Findings

The findings section should present the collected data systematically, including among others, expected findings providing insights that are aligned with the assessment objectives, unexpected findings which are will be discovered or emerged during the process as well as Thematic analysis exploring the key themes such as barriers to land access, tenure insecurity and their impact to IDP rights of minority groups and finally use of visual Aids such tables, graphs and other charts as well as relevant illustrated images.

Conclusions

The conclusions should be directly drawn from the findings, emphasizing; critical issues identified example Summary of the most significant barriers and impacts discovered. It should also include Patterns and Implications analyzing the broader meaning of the findings in relation to minority group’s access to land and tenure security.

Recommendations

This section should provide actionable recommendations based on the conclusions, including Policy Recommendations such as proposals for legal and policy reforms to enhance land access and tenure documentation for minority groups. Secondly it should include programmatic Actions to NRC, UNHCE and partners including government to implement on the ground. The recommendations should also include practical guidelines and steps for putting the recommendations into action as well as suggesting monitoring and evaluation ways to assess the effectiveness of the implemented actions.

Annexes

The annexes should contain relevant supporting documents and details relevant to the assessment, including copies of data collection tools such the questionnaires, interview guides, etc.

References

This section should list all sources cited in the report, following a consistent citation style (refer to NRC Identity for style including font). These should include Online resources used taking note of confidentiality restrictions.

Glossary of Terms (if necessary)

his section will define any technical, legal, or humanitarian terms used in the report to aid readers’ understanding including abbreviations or acronyms.

Executive Sign-Off

A final page for official approval and sign-off by NRC, UNHCR, and the consultant.

Reporting and Supervision

The consultant will report to the NRC, in particular the project lead (HLP Advisor) who will collaborate regularly with technical project lead, protection cluster coordinator and representatives of the minority-led organization.

Timeline, Duration and payment schedule.

The consultancy will last 8 weeks, starting from the contract’s commencement. The proposed timeline and payment schedule are as follows:

The Consultant qualifications.

• The qualifications of the consultancy team NRC are looking for should possess the following.
• Master’s degree in any of the following disciplines: Law, International relations, social sciences, Community Development, or a related field, along with extensive experience in Legal Protection or General Protection or humanitarian and emergency work.
• Strong knowledge of the context in Somalia and a clear understanding of the cultural dynamics in Somali.
• Knowledge of Housing Land and Property (HLP) rights especially for displaced community in Africa specifically in Somalia.
• Experienced with proven track records of doing similar projects in Somalia or other countries with similar humanitarian crises.
• Proven, excellent analytical and report writing skills using modern methods and styles.
• Experience working with NGOs, CBOs, in a humanitarian setting in Somalia or other Countries in the region.
• Excellent interpersonal and teamwork skills.

1. How to Apply.

Interested consultants/firms should send.

1. A technical proposal comprising of; Cover letter, CV, copies of documents and experiences and references as well as detailed methodology, work plan and team composition if necessary through the Digital procurement system in the provide below.

https://eaydps.nrc.no/tender/details/9d7ca7e4-a1a3-4be4-8d95-f4342c77e0e6

How to Apply:

Interested consultants/firms should send.

1. A technical proposal comprising of; Cover letter, CV, copies of documents and experiences and references as well as detailed methodology, work plan and team composition if necessary through the Digital procurement system in the provide below.

https://eaydps.nrc.no/tender/details/9d7ca7e4-a1a3-4be4-8d95-f4342c77e0e6