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Transparency International: Tender Lead Researcher for Developing a Methodology to Research Beneficial Land Ownership, 13.8.

Application Closing Date – 13 Aug 2017

Job Start Date – 01 Sep, 2017

Duration – 1st September 2017 to 17th December 2017

Location – remote, attend workshop in Berlin

BACKGROUND

Transparency International (TI) is the global civil society organisation leading the fight against corruption. Through more than 100 chapters worldwide and an international secretariat in Berlin, Germany, TI raises awareness of the damaging effects of corruption and works with partners in government, business and civil society to develop and implement effective measures to tackle it.

As an integral part of its strategic priorities, TI works on the promotion of social accountability to counter corruption. This consists of working on a number of thematic areas including land corruption.

The Transparency International Secretariat (TI-S) in Berlin is seeking a consultant to lead a) the development of a methodology to research beneficial land ownership, and b) the testing of the methodology in two countries.

In many countries, unidentified private individuals and corporations retain significant economic benefits from land, which is held, used, and depended on by communities and smallholders. This issue of anonymous “beneficial ownership” is one that not only affects land tenure security in the Global South, but also in parts of Europe and other developed countries. In Scotland, for example, private individuals and companies own 85% of all land, and have done for centuries.  Many of these companies were able to hide the identities of “beneficial owners” behind anonymous shell companies.  Moreover, beneficial owners of land in the Global South can actually be private individuals and companies from the Global North that seek to avoid tax and/or launder money. Corruption often is at the bottom of these opaque land deals that negatively affect local communities and their land and tenure rights. Lack of transparency in land registries and land transfers poses a major land governance challenge, affecting fair, inclusive, and informed land negotiations between smallholders, communities, companies, investors, local elites, traditional leaders, and governments; and inhibiting successful implementation of land tenure reform and land tenure security.

This research project aims at addressing these issues in two countries, Scotland and Zambia or Sierra Leone (tbc), by answering the following research questions:

  1. Do domestic laws and regulations in Scotland and Zambia or Sierra Leone establish provisions for ensuring transparency with respect to landownership and land transfer?
  2. Are these laws and regulations effectively implemented on the ground (i.e. what measures are countries taking to address secrecy in land registries and ensure transparent landownership, as well as fair and transparent land transactions)?
  3. What is the legal process by which beneficial landowners can be identified? Is this process effectively enforced in practice? Are there legal processes to detect and prosecute money laundering?
  4. Once beneficial landowners are identified, do they have responsibilities to manage their land to further human rights, food security, and sustainable development goals, or should they have such responsibilities?

Ultimately, the project aims to reach key audiences—policymakers, governments, private companies, smallholders, communities- and provide these audiences with key information needed to propose and advocate for new laws, policies, and practices in the area of beneficial landownership. A report produced as part of this project will inform debates on landownership transparency and highlight the importance of addressing transparency and accountability issues.

Transparency International published a 2015 report entitled “Just for Show?” which reviews G20 promises on beneficial ownership and measures the strengths and weaknesses in the current beneficial ownership transparency legal framework of each G20 member country against the G20 Beneficial Ownership Transparency Principles (BOTPs) adopted by the G20 in November 2014. The report also examines whether these BOTPs have been implemented by G20 countries. While the “Just for Show?” report provides comprehensive background research to this project, the project takes this area of research a step further by examining two new countries, Scotland and Zambia or Sierra Leone, to determine whether these countries are effectively implementing the beneficial ownership standards with respect to landownership. Moreover, the project culminates in a clear methodology that can be replicated in other countries.

OBJECTIVES

  • To develop a methodology to research beneficial land ownership
  • To oversee the testing of the methodology in two countries (case studies)
  • To compile a final report presenting the methodology and the two country case studies

EXPECTED DELIVERABLES AND TIMELINE

The anticipated commitment is 10 days starting from beginning of September 2017 to mid-December 2017 based on the draft timeline below:

5th September Initial briefing meeting via skype
10th September Structural outline submitted, responding to the TOR and initial briefing meeting
13th and 14th  September Workshop in Berlin to develop methodology and ToRs for case studies
17th September Methodology submitted for testing in two countries
October and November Oversee in-country research
10th December Methodology finalised and draft report submitted
17th December Final report submitted

 

For quality assurance, we might request the consultant to participate in the editorial committee meeting(s) as required to review the report prior to final sign-off.

All presentations and reports are to be submitted in English, in electronic form, in accordance with the deadlines stipulated above. The Consultant is responsible for editing and quality control of language. The TI Secretariat retains the sole rights with respect to all distribution, dissemination and publication of the deliverables.

SELECTION CRITERIA

The Consultant should have the following qualifications:

  • Minimum of seven years policy or research experience on anti-corruption or governance issues;
  • Relevant expertise in the use of the global policy for effective advocacy
  • Wide knowledge on land governance and corruption
  • Wide experience of working with clients in civil society, particularly advocacy-oriented NGOs;
  • Excellent writing skills in English.

REMUNERATION AND COSTS

The Consultant should provide a detailed breakdown, before any VAT or other charges, of all their estimated costs, including but not limited to; total fee as a lump sum or standard daily or hourly rates, (if applicable) international travel, local transport, accommodation, work materials.

Transparency International e.V. (Secretariat), (TI-S) is registered as a Business Entity in Germany with VAT identification number DE273612486. In order to determine the Value Added Tax (VAT) implications of this tender, we kindly request that the Consultants fill out the VAT Form for Tenders/Vendor Form (instructions inside the form) and submit the completed and duly signed form along with their email application.

The link to the VAT Form for Tenders/Vendor Form is available below.

CONTACT INFORMATION

Please email your application package by 13 August 2017 COB with “Consultancy Beneficial Land Ownership” in the subject line to bgroves@transparency.org

The application should include the following:

  • Letter describing your motivation and qualifications for the assignment;
  • Curriculum vitae;
  • A cost estimate of the above-mentioned services and outputs;
  • A brief overview of how the work will be approached, which methods will be used.
  • Completed vendor form and VAT questions;
  • Sample of relevant written work in English;

Please note that only shortlisted applicants will be contacted.

Available at https://www.transparency.org/whoweare/work/lead_researcher_for_developing_a_methodology_to_research_beneficial_land_ow

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