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Land Policy Work Plan Consultancy Assignment with UN-HABITAT Iraq Programme: Home based with travel to Amman Jordan - P-5 (UN-HABITAT, Home based)
Location: Home based
Country: Jordan
Closing Date: 10/04/2011
Date of issuance: 27/03/2011
Generic Expertise: Planning
Land Management
Minimum Years of Experience: 10
Minimum Education: Masters
Consultancy Announcement Code: IP-PSM-11
Specific Expertise: Development Policy
Land Information Systems/Cadastres
Land Market Analysis
Land Markets
Land Policies
Land/Housing Tenure
Local Government NGOs/CBOs col
Monitoring systems
Policies and Strategies
Programme Management
Strategic and Action Planning
Urban Planning
United Nations Core Values: Integrity, Professionalism, Respect for Diversity
Responsibilities:
1. Purpose of the Assignment: The purpose of the assignment is to prepare a detailed work plan for a land policy process in Iraq, in broad consultation with relevant stakeholders. 2. Background Effective management of public land in Iraq has the potential to open significant avenues to support private sector development and other forms of economic development, to improve housing production and to support the development of social infrastructure, including schools and hospitals. Currently land management in Iraq is characterized by an overlapping and unresolved institutional and legislative framework, developed as a result of successive regimes since Ottoman times, and affected by confiscation and reallocation of land under Saddam. The weak rule of law since 2003 and mass displacement following the 2006 Samara Bombing has led to significant growth of informal land uses. Land Management in Iraq currently acts as an obstacle to development; there is increasing pressure to make land available for economic development projects, housing and social infrastructure. Under the Private Sector Development Programme (Iraq), UN-HABITAT was tasked to support the GOI in developing a policy and legislative framework on land management in order to support economic reforms. In 2010, under the Prime Ministers Advisory Commission Task Force for Economic Recovery a working group was established comprising of Iraqi institutions that manage land, to support the development of policy and legislative actions. In support of the working group, UN-HABITAT with World Bank hosted a conference “Towards a Land Management Policy for Iraq” where government stakeholders, private sector and civil society debated key problems in land management in Iraq; relevant global experiences in addressing such issues were also presented. The outcome of the conference was an expressed interest by Iraqis in perusing a policy process that supports the development of improved land management and administration. Following this, an institutional and legislative assessment and a study on informal land uses in urban areas have been completed and the working group is piloting a process to map the institutional management of state land in Baghdad. Recently a Study Visit to Berlin was facilitated by UN-HABTIAT where the working group was exposed to appropriate land management approaches and administration systems, relevant to the context of decentralization and transition, following the re-unification of Germany in 1990. This study visit culminated in a statement by the Iraqi delegation setting out an overall framework within which the land policy process should be pursued. The Statement is currently being shared with the Iraq Council of Ministers, and key points are outlined below. 1. Objectives • Manage land in an equitable sustainable and efficient manner and to promote equitable access to land in support of economic growth and poverty reduction • Improve land management systems • Strengthen land tenure security and land market relations and prevent and/or resolve land disputes 2. Approach • Execute a broadly consultative national process led by the Government of Iraq. • Establish a land policy committee and supporting secretariat to promote and coordinate the development of the policy and monitor its implementation. • Develop a policy implementation approach and work programme, including quick wins. • Create thematic working groups for stakeholder representation. 3. Tasks 3.1 In the area of land management a. Set up and develop a policy, institutional and regulatory framework for management and disposal of state land (urban and rural) for investment, housing and public uses including the process of privatization of surplus state land in line with market principles. b. Create and strengthen institutions and a governance system for land management that is transparent and accountable and define institutional roles and responsibilities at different levels. c. Suggest the creation of public or private agencies to manage and administer land. d. Establish mechanisms for coordination and consultation between the central and local levels of the government on issues related to state owned lands, in a manner that enhances the principles of decentralization. e. Utilize the principles of Public – Private Partnerships (PPPs) in managing and administering land. f. Develop approaches for urban and rural land management, taking into account the need for land for housing and economic development. g. Develop an institutional and regulatory framework for conversion of peripheral land surrounding human settlements to urban uses, taking into account the protection of productive agricultural land and associated water rights. h. Develop the regulatory framework for land use and spatial plans in priority areas i. Review and develop the legal and accounting framework for land taxation, valuation and land related public finance. j. Facilitate access to land and housing for groups such as people affected by displacement through a range of land tenure options. k. Develop policies to address informal uses of land for economic purposes and housing in a manner that maintains the balance between public and private benefits. 3.2 In the area of land administration a. Identify and map state and other land and develop an accessible land information management system. b. Improve the land registration system to enhance efficiency and facilitate better access to the system by all stakeholder groups, with attention to vulnerable groups. c. Institutional strengthening of the land dispute resolution system. d. Legal reform, such as strengthening of the Civil Code and enacting complementary laws and regulations and improving legal clarity. [for action plan: address multiple ownership, for example] e. Assess national capacity, covering all relevant stakeholder groups such as government, education and civil society, and the development of a capacity development and training program. f. Rectify the conditions of waqf land, whether those with required titles or not, within the general framework of land policy. 3.3 In the area of capacity building and public education a. Enhance professional capacity in land management, spatial and land use planning, land information systems, etc., by developing programmes and cooperation with international universities. b. Develop a communication mechanism for raising awareness on land policy development. c. Develop a risk and expectation management strategy. d. Enhance understanding of rule of law in relation to land. 3. Outputs Land Policy Work Plan: A ‘time activated’ and prioritised work plan for a Policy Process that addresses issues listed above, with budget broken down into quarters that identifies strategic areas, quick wins, activities and responsible parties. This will include key areas of technical support, technical resources required and technical support budget. The Work Plan will take into account the following cross-cutting issues: Environment, Gender, Employment, Human Rights and Conflict. 4. Activities It is suggested the consultancy schedule include the following major elements: 4.1 Inception Visit (Amman): Introductory meetings with the Working Group on Land Tenure and Utilisation to agree the process of developing the Land Policy Work Plan; 4.2 Consultants and the Working Group to develop a work plan for the consultancy. This should include the development of the contents of the Land Policy Work Plan, establish the prioritisation of key elements of the Policy Process including quick wins, identification of all stakeholder groups including government, civil society and the private sector, and establish areas of consultation with all necessary stakeholders 4.3 Development of tools and implementation of consultation process with all stakeholder groups that will take place in Iraq through national experts under the supervision of the lead consultant, ensuring buy-in of key stakeholders to the Policy Process 4.4 Based on the consultation process, prepare a draft Land Policy Work Plan, including time-bound and budgeted key actions such as training and sensitisation workshops, key actions in relation to legislation, institutional development, studies, technical actions, pilot projects, outreach actions. The work plan will follow the format of a Results Based Framework, defining key outputs, baseline, targets and indicators in line with UN Results Based Management system 4.5 Preparation of TOR and draft legislation for the establishment of a Land Committee that would take forward the Policy Process 4.6 Prepare TORs for events and studies that would take place in the first year of the Policy Process 4.7 Present draft Land Policy Work Plan for discussion to the Working Group for Land Tenure and Utilisation and relevant stakeholders (Amman workshop). Include breakout groups for detailed discussion and refinement 4.8 Prepare final Land Policy Work Plan and monitoring and evaluation mechanism that will be presented by the working group to the Council of Ministers for debate and endorsement 4.9 Further related work as requested by UN-HABITAT Iraq Land and Housing Expert 5. Deliverables 5.1 Inception Report, including a work plan and methodology for the consultancy 5.2 Consultation tools 5.3 Draft Land Policy Work Plan 5.4 Report on Amman workshop 5.5 Final Land Policy Work Plan 5.6 Final Report, indicating how the Consultant TOR was implemented, lessons learnt and recommendations Duration of Consultancy: 35 days over 3 months period
Education:
Post graduate level qualifications in Planning / Land Management or similar;
Experience:
At least ten years post qualification experience in the land sector, and experience in working with government institutions in the sector. Proven track record of team leadership in related assignments.
Language:
Excellent ability to write succinct and well articulated reports/documents in English.

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