Oxfam Briefing Paper: Lessons Learnt In Securing Women’s Land Rights In The Context of Community Land In Kenya

Terms of Reference for Oxfam Briefing Paper: Lessons Learnt In Securing Women’s Land Rights In The Context of Community Land In Kenya

Background

Oxfam is an International Organisation working in Kenya since 1963 on humanitarian response and long term development in collaboration with others to overcome poverty and suffering. Land is a basic source of livelihood providing employment, the key to agricultural development, and a major determinant of a farmer’s access to other productive resources and services thus key in overcoming poverty. Land is also a social asset, crucial for cultural identity, political power and participation in local decision making process. Women’s access to other natural resources, such as water, firewood and general forest products is also crucial for food security and income, particularly as land becomes increasingly scarce and access becomes a growing problem

Women continue to have limited rights to land in much of the world, in particular across most of Africa. Statistics indicate a substantial part of the agricultural labor comes from women yet own or have strong rights to only a fraction of the land that men control. The lack of rights to land is a violation of women’s rights to be treated equally. Furthermore, in the context of most African countries where agriculture is still the largest source of incomes and employment, this is also a violation of women’s right to work and right to food. It also contributes to the gender gap in agricultural production, holding back women as well as national production and development.

In response to these challenges Oxfam has worked to support communities in defending their land rights in a number of countries. Oxfam has carried out research and exposed the abuse of land rights and the particular impacts on women. Oxfam has also been active in advocating for greater action from governments, and in international forums, to ensure the protection of people’s land rights.

A new dawn for Kenya was marked by the Constitutional recognition of community land as one of the three categories of land and the successive direction to the Parliament to enact legislation to recognize, protect and register community land. However, before the enactment of the community land law, community land and communities that depend on it continue to be vulnerable in the wake of large-scale land acquisitions for mega development projects in Kenya. Power imbalances during land transactions and skewed negotiations between communities and investors continue to disadvantage women and their communities. To better root advocacy on women land rights in real situations by providing concrete cases of violations of women’s rights, women’s struggles for rights and the solutions that are working in different cases, Oxfam Pan Africa Program has commissioned documentation of case studies on women land rights in 6 countries in Africa. This is one of six country case studies that are being implemented as part of Oxfam’s International Women’s Land Rights Programme.

Objectives of the Research

The research aims at gathering credible information on the status of women’s land rights in Kenya that can be used in national and international advocacy for the strengthening of women’s land rights. Particular attention will be given to lessons learnt in securing women land rights in the context of community land in Kenya. It should also provide lessons on women’s mobilization and stories that can add value to regional and international influencing, including: the GROW campaign; advocacy on land indicators taking place in the Global Land Indicators Initiatives and in relation to the SDGs; the Global Call to Action on Indigenous and Community Land Rights; and the Women on top of the world rural women’s mobilisation. Nationally this research will contribute directly to the Kenya’s Oxfam Country Strategy vision of the participation of active citizens having led to reduced socio-economic and gender inequalities. It fits within the Country Strategy Objective 1 on socio-economic rights that focuses on marginalized women and youth and also fits Objective 3 on improved governance of socio economic policies with its focus on youth and women, especially from marginalized regions, influencing policies for more equitable access to resources and services.. The case study will:

• Document lessons learnt from processes of securing women’s and community land rights in the highly contested Tana Delta and Turkana
• Analyse the current legal, policy and institutional frameworks that shape Community land rights in Kenya
• Analyse gaps in the current legal, policy and institutional frameworks on community land in Kenya
• Capture women’s mobilization and other creative means with an emphasis on bringing out the voices and experiences of rural women in securing their land rights in community tenure. This will be instrumental in rooting advocacy in real situations by providing concrete cases of violations of women’s rights, women’s struggles for rights and the solutions that are working in different cases.
• Make recommendations on how best to secure women land rights within community land tenure systems

Content of the Case study report:

• Executive summary
• Introduction & Background
• Methodology:
• Overview of the strengthening community land rights program
• Community land laws and regulations in Kenya,
• Women land rights in community land tenure systems
• Lessons learnt/ findings in protecting women land rights in community tenure.
• Highlighting the different experience of women and men in terms of land access and land rights and women’s views and suggestions for improving their rights.
• Conclusion and recommendations
• Bibliography

Expressions of Interest

Expression of interest need to include the following:

* Study methodology and approach for documenting the case study. This should include sample sizes, categories of respondents and data quality assurance measures. The methodology will further be discussed and agreed together with the Kenyan Program.
* Data collection, analysis and presentation framework,
* A proposed work plan that includes proposed dates and intended period covering the in-country data collection,
* A proposed budget that reflects cost and time for the consultant.
* Travel costs should be presented separately from the main consultancy budget. Timeline The consultancy tasks are expected to be completed within 15 working days

Consultants Profile

* Masters’ Degree in Social Science or related field,
* At least 7 years relevant experience in carrying out land and agriculture research and policy analysis, data collection and analysis,
* Relevant experience in gender and land rights studies and or strategy development of multi-country nature,
* Experience in working with civil society and with Government representatives or African intergovernmental organisations,
* Experience in conducting interactive rural community meetings in diverse cultures;
* Excellent oral and report writing skills, including a proven track record in writing succinct, analytical publications and reports;

Adherence to Oxfam principles and policies Once hired, the consultant shall operate under the principles governing Oxfam ways of working including adherence to policies and procedures of Oxfam with regards to such key issues as non partisan, neutrality, gender sensitivity, impartiality and accountability, mainstreaming of Gender and HIV/AIDS as well as other policies governing Oxfam operations on transport usage, security guidelines and confidentiality of information collected.

HOW TO APPLY:

Interested consultants are expected to send an expression of interest (Maximum 5 pages) demonstrating their suitability for the tasks, composition of the proposed consultancy team, past experience of conducting similar tasks, a summary of the study methodology and sample data collection tool(s). Interested and qualified consultants should send their applications before or by 18th August, 2016 by 5.00 P.M. and indicateSECURING WOMEN LAND RIGHTS in the subject line to the email hecaconsultancy@oxfam.org.uk

Please note that applicants will be shortlisted on a rolling basis. Applications submitted in part will not be reviewed. All submissions later than the date or through other means other than through the email provided will not be accepted. Only short listed candidates will be contacted.