PROJECT ID NUMBER: P158434
IDA CREDIT NUMBER: 6048-MW
TERMS OF REFERENCE FOR A CONSULTANCY TO UNDERTAKE PROCESS MONITORING OF PILOT IMPLIMENTATION OF NEW LAND RELATED LAWS AND FACILITATE IN DEVELOPMENT OF A PROPOSAL FOR NATIONAL WIDE UPSCALING
1. INTRODUCTION AND BACKGROUND
The Ministry of Agriculture, Irrigation and Water Development (MoAIWD) in close collaboration with Ministry of Lands, Housing and Urban Development (MoLHUD) and Ministry of Industry, Trade and Tourism (MoITT) is implementing the Agricultural Commercialization (AGCOM) Project (P158434) with IDA credit financing.
The Project was approved and declared effective on 23rd May 2017 and 1st June 2018 respectively. The Project is implemented through an independent Project Implementation Unit (PIU) whose operations started in July 2018. The PIU is charged with the responsibility to oversee day to day project implementation, monitor progress, and coordinate and account for utilization of project funds.
2. PROJECT COMPONENTS
AGCOM project has four components and these are:
B.1 COMPONENT 1: BUILDING PRODUCTIVE ALLIANCES
This supports the integration of small-scale and emerging farmers (defined as farmers cultivating not more than 8 ha) into value chains by improving their capacity to finance and execute productivity-enhancing investments and respond to the requirements of end-markets and buyers (off-takers):
The project will provide consulting and technical services to participating Producer Organizations (POs) for formation of proposed Productive Alliance (PAs) with agribusiness entities, designing of eligible business plans for upgrading production capacities, and/or strengthening linkages with off-takers. There will also be provision of matching grants to participating POs for capital investments with a view to increasing production, yield, quality and sale of agriculture products, improving post-harvest storage and processing capability. Further, a Partial Credit Guarantee Fund (PCG Fund) will be established to facilitate eligible participating POs access to private sector financing for PO sub-projects and this activity also includes capacity development on agriculture lending and implementation of the PCG.
The TA costs for POs are fully financed by the project; inputs and other working capital will need to be financed by the POs and/or by financial institutions supported with a PCG Fund. Matching grants will cover up to 70 percent of the investment costs of capital investments. The rest will be self-financed through cash and/or in-kind contributions and the difference (if any) through financial institutions, which should be involved from the outset to gain deeper knowledge of the POs and appraise PA sub-projects.
B.2 COMPONENT 2: SUPPORT INVESTMENT ENABLING SERVICES
This has two sub-components (a) Access to Agricultural Financing --TA will be financed to assess the critical challenges of the current system, examine international experience, and identify suitable risk mitigation mechanisms to strengthen the Malawian warehouse receipt system and concrete engagement models to increase the uptake of farmers as well as Small and Medium Enterprises (SMEs). The TA will also explore strategies for increasing farmers’ and SMEs’ access to warehouses in rural areas including women and youth. (b) Access to Land for Commercial Agriculture---The project will provide support for the policy and regulatory environment for increasing access to land and tenure security for commercially oriented smallholder and commercial farmers as well as other actors in agricultural value chains. The assignment falls under this component.
B.3 COMPONENT 3: CONTINGENT EMERGENCY RESPONSE
This component will allow rapid reallocation of project proceeds in the event of a natural or man-made disaster or crisis that has caused or is likely to immediately cause a major adverse economic and/or social impact. To trigger this component, the Government needs to declare an emergency or provide a statement of fact justifying the request for the activation of the use of emergency funding.
B.4 COMPONENT 4: PROJECT COORDINATION & MANAGEMENT
This component is financing project management activities, including the hiring of the Project Implementation Team. The PIU will coordinate the implementation of project activities, monitor project progress, ensure sound fiduciary management, social and environmental safeguards compliance, and engage in communication and reporting.
3. LAND REFORM PROGRAMME BACKGROUND
The Government of Malawi through the Ministry of Lands, Housing and Urban Development (MoLHUD) intends to implement a Land Reform Programme (LRP) following the enactment of ten land-related laws in 2016 that were all subsequently assented to by the State President by January 2017.
In this regard, MoLHUD, in collaboration with development partners, has produced a Land Reform Implementation Plan (LRIP) that is to guide the implementation of key land-related laws on a pilot basis in eight districts of the country (Karonga, Rumphi , Kasungu, Nkhotakota, Mchinji, Phalombe, Chikwawa and Nsanje) before national roll out.
The Ministry has so far established a Land Reform Implementation Unit (LRIU) to manage the piloting of the key land-related laws based on the LRIP. It has also appointed a Team Leader to coordinate and oversee the implementation of the pilot activities.
In addition to the LRIP and the establishment of the LRIU, MoLHUD has put in force nine of the ten land-related laws; and subsidiary legislation that will regulate the creation of customary estates under the Customary Land Act, 2016, is effective since March 2, 2018. Furthermore, an operational manual on systematic creation of the customary estates has been produced to assist during pilots under Agriculture Commercialization Project (AGCOM) as well as Shire Valley Transformation Programme. Creation of customary estates will enhance land tenure security and encourage investment on land to improve livelihoods of rural farmers and will allow them commercially use their land.
The main objectives of the programme are to implement key land-related laws throughout the country starting with some pilots in Karonga, Rumphi, Kasungu, Nkhotakota, Mchinji, Phalombe, Chikwawa and Nsanje before national roll out. The key land-related laws to be implemented are the Land Act (2016), the Physical Planning Act (2016), the Land Survey Act (2016), the Customary Land Act(2016), the Registered Land (Amendment) Act (2016), the Land Acquisition (Amendment) Act (2016) and other related Acts such as the Local Government (Amendment) Act, and the Forestry Act.
The Ministry of Lands, Housing and Urban Development (MoLHUD) is implementing the Land Reforms Programme that aims at strengthening land administration and management services of the Ministry in order to promote land tenure security as a basis for raising agricultural productivity in the country. The activities under AGCOM will contribute to section B-2: Access to Land for Commercial Agriculture by providing support for the policy and regulatory environment for increasing access to land and tenure security for commercially oriented smallholder and commercial farmers as well as other actors in agricultural value chains.
The specific tasks under this component include: (i) Strengthening existing land administration structures at district, regional and national levels through capacity building and institutional development; Piloting the implementation of the new land Acts and develop an efficient and effective implementation approach, workflow and associated tools to ensure application at scale and support tenure security for producer organizations (ii) Procurement of equipment, materials and services to improve workflow and maintenance of gender disaggregated land information systems and interoperability with other value chain actors (financial sectors, land use etc.)P; (iii) Support to policy related studies/projects as regards equitable access to land for commercial farming/consolidation and secure land tenure.
Structure of MoLHUD and Core Tasks
The Ministry of Lands, Housing and Urban Development consists of five Departments. These are: the Department of Surveys, the Department of Lands and Valuation, the Department of Physical Planning, the Department of Housing and the Department of Urban Development. The first three Departments deal directly with the land administration and their core tasks are presented below:
The Ministry’s vision is to provide “equitable access and secure tenure to land and housing for all”. Further to that, its mission is “to create an enabling environment for the efficient, effective and sustainable provision of land and housing management services to the general public in order to promote and encourage sustainable economic growth and development”. Thus, the Ministry strives for efficiency and effectiveness when executing its day to day business operations.
The Department of Surveys performs the following duties: production and revision of base maps; surveying of land parcels, establishment and maintenance of National geodetic Network, carrying out topographic, hydrographic, cadaster and engineering surveys; production of hydrographic and aeronautical charts; updating and provision of land information and production, standardization and harmonization of spatial data sets.
On the other hand, The Department of Lands and Valuation is responsible for: Allocation, registration and administration of land parcels (deeds, leases, encumbrances, easements; Valuation of properties; Resolution of land disputes; Facilitating of provision of basic infrastructures on public land and Collection of land related revenue.
Lastly, the Department of Physical Planning functions include: Preparation and revision of national, regional and local physical development and enforcement of development planning and management rules, standards and guidelines.
The three Departments collaborate in various land administration processes. In summary, once a parcel of land is identified and its use determined by the Physical Planning Department, it is surveyed by the Surveys Department and the allocation, registration and further processes are done by the Department of Lands and Valuation.
Thus, the three departments share data and collaborate in various processes hence the need for the LIMS to integrate and automate all their processes to ensure seamless data sharing and other processes.
Land Related Laws
The Malawi Government, through Ministry of Lands, Housing and Urban Development, recently gazetted and disseminated 10 Land related laws. Among them is the Customary Land Act that provides for the management and administration of customary land and for matters connected to such land. Following the enactment of the Customary Land Law, many Malawians will want to register their land into customary estates to ensure security of their land tenure rights. Likewise, enacting into law the local government amendment bill will enable the Ministry to devolve its operations from regional offices to district councils. To facilitate implementation at scale of the new land related laws, MoLHUD will undertake pilots in 2019 for which a detailed operation manual has been developed, that will be further tested and expanded based on the pilot results.
4. RATIONALE FOR THE CONSULTANCY
The aim of this consultancy is to support the Ministry of Lands, Housing and Urban Development, Republic of Malawi in its undertaking to pilot implementation of the newly enacted land laws, specifically with regard to monitoring the fidelity of execution of the provisions of the relevant laws as translated through the subsidiary regulations supported by ‘operations manual for piloting systematic adjudication of customary estates’. An external review of this will be useful as it is new for Malawi so that the necessary capacity can be built for upscaling.
Being aware of the legal significance of adherence to the procedures spelled out in the regulations including Customary Land Act Regulations supported by operations manual, coupled with the need to improve efficiency and effectiveness of executing the pilots as well as ensuring a fair and transparent process, this consultancy will support the Ministry in tracking the implementation process to:
i. Identify any compliance issues and provide hands-on advice (in office and field) on how to address them;
ii. Document identified issues, proposed solutions and lessons learned to inform amendments to the operations manual and development of the strategy for scaling up;
iii. Capture feedback on the process from key stakeholders including Government officials, Civil Society Organizations, Traditional authorities, land users, and community leaders.;
iv. Assess social sustainability with particular focus on participation of more marginalized groups in society in the process, including women, and protection of their rights, and suggest ways for strengthening the program approach, with special attention for gender and tenants;
v. Assess occurring costs, cost-effectiveness and financial sustainability of the process and suggest ways for improvement;
vi. Provide recommendations for updating/revision of the Subsidiary regulations and operational manual;
vii. Assist in development of a proposal for upscaling that takes into account the pilot experience
5. SPECIFIC ACTIVITIES AND DELIVERABLES
i. Monitoring framework and tools: The consultant shall prepare a process monitoring framework to track the steps of the piloting process (activities, inputs and outputs). Based on a review of the manual as well as discussion with stakeholders in pilot areas and the project team, this will comprise (i) a ‘dashboard’ with key indicators to be made available to officials on a routine basis (i.e. either bi-weekly or monthly) using electronic information generated by the project or specific reports elaborated by the consultant; (ii) tools and reporting formats for data collection by the implementing agency to be used for obtaining the relevant information; (iii) key issues including disputes that will need to be monitored on a routine basis and allow the MoLHUD to assess and address the points of attentions as listed above.
ii. Assessment of start-up arrangements: A comprehensive report assessing the institutional arrangements, cost-effectiveness, realism, special social issues and marginalized groups to pay attention to, and the likelihood of completing the pilots within the required time frame together with proposed corrective actions for identified weaknesses will be produced once at the end of the first month of commencement. The consultant shall also provide hands-on advice to the setup of the processes both in office and in the field.
iv. Monthly flash reports: During the implementation phase (i.e. months January, 2019 to December 2019), monthly flash reports will be produced on issues identified in different areas of pilot implementation ranging from legal to logistical, together with proposed solutions or ideas for improvement. These will be discussed with MoLHUD management, the project team, the WB, and external consultants involved. Every three months, these will be combined with information on perceptions by beneficiaries and stakeholders based on data collected through structured or semi-structured interviews by the consultant as well as other data collection efforts.
v. Manual updates and revision: based on the experience of the pilot and feedback of MoLHUD and others stakeholders prepare an updated version of the operational manual developed in 2017 and discuss with MoLHUD. The manual updates will be done regularly to improve the pilots and provide input also to SVTP which will base its operations on the pilot and will start early 2019. The consultant will also prepare a lessons learned report to capture key issues critical for successful implementation.
vi. Proposal for national upscaling: Based on the pilot experience, an assessment of the cost -effectiveness, capacity requirements and social and financial sustainability, a costed proposal detailing the requirements for establishing a national program will be produced.
ACCOUNTABILITY : Team Leader of the Land Reform Implementation Unit
6. TIMELINE, QUALIFICATIONS AND BUDGET
The engagement is expected to cover the period of pilot implementation, i.e. 12 months from January, 2019 to December, 2019). The implementing firm will have
i. The consultant firm must be lead by personnel with Masters Degree level expertise and minimum of ten years experience in land administration and surveying in East and Southern Africa(PhD is an added advantage);
ii. Experience in executing systematic land titling programmes at scale using fit-for-purpose methodologies;
iii. Experience in programme or project monitoring;
iv. Availability of expertise in the fields of GIS, geo- spatial IT and Land administration as well as expertise with community entry, customary communities, and women’s land rights
v. Project working experience in Malawi, preferably in the fields of mapping or land management
Budget and timeline are envisaged as follows:
Output Delivery latest end of month Budget (%)
Inception report + first manual review 1 15
Start-up report 3 20
Quarterly report I + second manual review 6 15
Quarterly report II 9 15
Scale-up proposal + third manual review 12 35