Capacity building of key dispute resolution actors from Rohingya and host communities in alternative dispute resolution (ADR) Techniques

Terms of Reference (TOR)

Norwegian Refugee Council (NRC) is an independent, humanitarian, non-profit, non-governmental organisation, currently present in 33 countries. NRC works globally with refugees and internally displaced persons and supports the specific coping strategies that enable people to claim and defend their human rights.

NRC established its presence in Bangladesh in 2017. Currently, NRC Country Office is at a fast-growing stage and scaling-up direct programming in Education, ICLA, and Shelter since the obtained government registration in November 2018. A team of over 63 national and seven international staff implement programmes in these sectors and support with finance, logistics, human resources, and project management.

NRC Bangladesh seeks a qualified individual to conduct a number of activities leading to the capacity building of key local actors from both refugees and host communities in using Alternative Dispute Resolution (ADR) techniques (in NRC, these are referred to as Collaborative Dispute Resolution – or CDR). This should work towards the mitigation of tensions between the Rohingya and local communities generated by Housing, Land and Property (HLP) disputes and thereby strengthening the social cohesion between the two communities. Key local actors might include but are not limited to Camp-in-Charges (CiC), Majhis, Imams, elites/community leaders in camps; and Ward Commissioners and Union Parishads (Ukhiya and Teknaf) outside of camps. Engagement of women and other diversity groups in all activities is encouraged to the best extent possible. The tools developed during this consultancy will inform ICLA Bangladesh programming through the identification of priority areas for CDR intervention and support in terms of capacity building. They will also enable NRC global expertise to be adapted to the context and ensure the quality, relevance and sustainability of subsequent programming.

BACKGROUND

The violence and abuse against the Rohingya population in Myanmar led to 750,000 refugees entering Bangladesh in less than three months of 2017. The UN High Commissioner for Human Rights (OHCHR) referred to the attacks as “textbook ethnic cleansing”. Today, the district of Cox’s Bazar houses one of the world’s largest refugee camps, with about 900,000 individuals living in the temporary shelters in congested sites in Ukhia and Teknaf Upazilas, putting an immense strain on the half a million Bangladeshis who live there. Both Rohingya and the host communities feel there is minimal shared recourse and by extension no effective solution available for inter-community conflicts. Access to the formal state legal system in Bangladesh by the Rohingya refugee is impeded by formal barriers, by multiple practical obstacles and difficulties, as well as by attitudes. The only possible opportunity for resolution of disputes, including the HLP disputes, rests with the informal justice system, usually led by the CiC, justice committee, mosque committee, Majhi, elderly or Imam. For this reason, there is an urgent need in building the capacity of these actors in the situation-appropriate alternative/collaborative dispute resolution techniques, to facilitate access to the adequate informal justice mechanisms for Rohingya refugees and host communities, especially women, and to align it with the basic human rights and principles to the greatest possible degree.

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All outputs should be delivered in English.

Whilst the consultant is welcome to work more than five days per working week many of the tasks may be dependent on NRC Bangladesh ICLA staff and other actors and it cannot be assumed that they will be available on weekends (Friday and Saturday).

MANAGEMENT AND COORDINATION

The ICLA Programme Development Manager (PDM) and the Area Manager will have overall responsibility on the management and coordination of the consultancy process. The ICLA PDM will provide ICLA specific support in country as envisaged in the context and the ICLA strategy. Apart from selecting the consultant, the reference group will be responsible for: scheduling appointments for meetings, sessions and trainings; providing information on current and potential areas for ICLA, CDR and HLP interventions; reviewing and commenting on the drafts and assisting to identify translators (where needed).

NRC Bangladesh will provide in-country technical programme support, while NRC’s ICLA Global Adviser and Global Housing, Land, and Property Rights Specialist may be available for additional technical support including sharing NRC tools, being interviewed and providing feedback on the drafts.

QUALIFICATIONS

The consultant will have proved record in developing training strategies and pedagogical techniques. In addition, s/he should have:

o In depth knowledge of the Alternative Dispute Resolution techniques

o Sound knowledge of HLP, particularly in the displacement contexts

o Previous experience from working in humanitarian/recovery contexts, preferably with access to justice and legal aid provision

o Fluency in English and excellent writing and communication skills

o Proven ability to operate under strict deadline and high level of discipline and professionalism

o Good knowledge of the refugee context in Bangladesh.

ABOUT ICLA

Information Counselling and Legal Assistance (ICLA) Programme provides information, counselling, legal assistance and capacity building to enable beneficiaries to claim and exercise their rights to housing, land and property (HLP) and legal identity documents and other documentation. Accurate, timely and reliable information and counselling is provided on the conditions pertaining to return, local integration or resettlement, available assistance providers, as well as the rights arising from national statutory law, international human rights standards and religious/customary norms and practices. A particular strength of ICLA is support for engagement with traditional dispute mechanisms, when deemed appropriate. Aimed at further increasing beneficiaries’ access to justice, ICLA undertakes capacity building and awareness raising activities for decision makers, legal professionals and other stakeholders. This is done primarily through participatory training and awareness raising sessions on property, inheritance, civil and family law and related procedures, collaborative dispute resolution and international human rights law – with a focus on women’s rights and representation.

OBJECTIVES

The main objectives for the consultancy are to:

o Enable the NRC Bangladesh ICLA Programme to design a relevant, effective, inclusive, and sustainable programme to mitigate and address HLP disputes between the Rohingya refugees and local communities.

o Ensure that ICLA Programme staff implementing the CDR intervention have a deepened understanding of the HLP disputes and available dispute resolution mechanisms.

o Build the capacity of ICLA staffers on how to monitor, coach and support local providers of dispute resolution services in order to bolster these providers’ use of collaborative methods

o Gradually strengthen the capacity of local institutions for HLP governance and dispute resolution and increase the engagement of women and other diversity groups in these structures.