TOR – Remedy study


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Job Summary

To objectivize a general feeling of the ineffectiveness of remedies, and ultimately challenge the predominant State and corporate discourse of compliance with due-diligence related standards.

  • Minimum Qualification: Masters
  • Experience Level: Entry level
  • Experience Length: 1 year

Job Description/Requirements

Project

• Empowering communities and civil society to demand good governance in natural resources management


The objective of the assignment 

• To objectivize a general feeling of the ineffectiveness of remedies, and ultimately challenge the predominant State and corporate discourse of compliance with due-diligence related standards.


Profile of the consultant

The consultant should have the following skills and experience: 

• Master’s degree in law and/or human rights; 

• Experience in conducting studies/research in the oil and gas sector

• Familiarity, contextual knowledge of, and experience working in Uganda.

• Excellent interpersonal skills

• Proven ability to Multitask and work under tight deadlines

• Proficiency in English, knowledge of local languages spoken within the Albertine region is a comparative advantage

 

Availability

• 35 working days from  1st September 2021


ASF Contact and deadline

• Applicants should submit the following documents by Friday 27th August by 12.00 noon

• A cover letter expressing interest in carrying out the consultancy 

• A CV demonstrating relevant skills and experience and names of at least 2 references, preferably from organizations with which the consultant has conducted similar types of work. 

• Indicative budget for consultant fees, detailing the activities, number of days, and daily rate (Fees should be inclusive of all taxes as per the Income Tax Act Cap 340 and quoted in UGX)

• Technical proposal

• Sample of similar work done in the past (optional) 

• Declare availability in September and October 2021. 

• Declare flexibility and availability to work at ASF offices for a number of days to be discussed.

The documents should be submitted to Sharon Joy Lucima at [email protected]  and copy to Denis Odongo at [email protected] under the subject line Consultancy – Remedy Study


Overview of Avocats Sans Frontières 

ASF is an independent international non-governmental organization founded in Belgium in 1992, whose mission is to contribute to the establishment of institutions and mechanisms that allow for access to independent and impartial justice, and which are capable of guaranteeing the protection of fundamental rights (civil and political, economic and social), including the right to a fair trial. 

For more than 20 years, ASF has been implementing programs with the aim to facilitating access to justice for the most vulnerable population in fragile states or transition contexts, including Burundi, Nepal, Democratic Republic of Congo, Rwanda, Myanmar, Uganda, Chad, Tunisia, Morocco, Kenya, Timor Leste and in Israel and Palestine. 


About the Project 

With support from the European Union, ASF in Uganda is implementing a two-year project titled, “Empowering communities and civil society to demand for good governance in natural resources management.” This project targets the extractive industries active in the Albertine Graben and the Karamoja regions, where intensive oil (Albertine) and mineral exploration and exploitation activities (Karamoja) have exacerbated the local population's pre-existing state of vulnerability. 

Its overall goal is to contribute to good governance in the management of extractive resources in Uganda with the specific objective to have affected local populations demand and have their rights respected and protected at all phases of extractive resource exploitation projects.


The project has two key result areas;

Result 1: Local Populations are able to monitor and frame violations resulting from EI projects through harmonized community-based human rights

Result 2 : The interests of communities affected by EI projects are reflected in policy formulation at the national level


Goal/Objective of the consultancy; 

The objective of the assignment is to conduct a study to objectivize the ineffectiveness of remedies, and ultimately challenge the predominant State and corporate discourse of compliance with due diligence-related standards. This will focus on the following three key areas;


• Provide evidence on the ineffectiveness of remedies as a means to counter the discourse of Due Diligence-compliance and expose collusion between State and private actors.

• The study is expected to inform Legal Aid Service Providers’ strategies to both engage with these remedies and address their deficiencies.


Drawn from the above, ASF plans to carry out a study to consolidate data available on access to remedy in the Oil and Gas sector. Given that the sector is at preliminary stages, the study will focus on issues of remedies for harm resulting from project-related construction work and compulsory land acquisition. Further intricate details can be found in the project documents to be shared with the consultant to gain a better understanding.


Methodology 

The methodology will be informed by the research questions that will guide this study. The consultant will present the suitable study methodology in an inception report to be written after discussions and review of documentation which will be reviewed and approved by ASF.

 

The following are the key research questions to guide the study;

How have the Tilenga and EACOP projects affected the right to access remedy in Uganda?

• Which types of disputes have arisen in the context of the Tilenga and EACOP projects? 

• Which changes have the Tilenga and EACOP projects induced in the legal remedy-related framework? 

• Does the overall system of remedy used in the context of the Tilenga and EACOP projects comply with national and international standards of effectiveness/due process? 

• Which steps should duty-bearers (State and private actors) take to improve the system's effectiveness?


Scope of Work

The consultant will be required to undertake the following tasks during this assignment;

• Review all key project documents including programmatic and relevant monitoring reports 

• Field mission to conduct data collection in the selected study areas

• Hold discussions with respective staff to gain more insight into the study focus 

• Prepare a draft study report for review by ASF

• Prepare and present a final study report to ASF

• Submit all data to ASF, including copies of the final datasets and instruments.


Timeline and Deliverables

In line with the above tasks/activities, the consultant will be required to provide the following;

• Inception report inclusive of literature review, methodology, target study area, and participants, timeline and tools

• Datasets from the data collection activities to be submitted in respective soft and/or hard copy folders

• Draft study report 

• Final study report

• PowerPoint presentation of the key findings of the research

The consultant should ensure that they are available in September and October 2021 for 35 working days. This period will commence upon the signing of the consultancy agreement by both parties. 


Conditions of the mission

All applicants must submit technical and financial proposals to the addresses aforementioned. Payment shall be made based on deliverables as per ASF’s consultancy rates which inform the Agreement.


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