Consultancy - National Legal Expert
Kigali
Organizational Context
The International Development Law Organization (IDLO) enables governments, empowers people, and strengthens institutions to realize justice and promote peace and sustainable development. IDLO is the only global intergovernmental organization exclusively devoted to promoting the rule of law and access to justice.
With its Headquarters in Rome, Italy, a Branch Office in The Hague, and United Nations Liaison Offices in New York and Geneva, IDLO carries out policy advocacy, research and learning, as well as rule of law and justice programmes in countries through some 17 Country Offices operating in every region of the world.

The Assignment
Background
In July 2021, the International Development Law Organization (IDLO) started the Land Conflict Resolution Project (LCRP), which falls within the third long-term outcome (“Enhanced land-related conflict management and dispute resolution mechanisms at decentral level”) of the broader Land-at-Scale programme (Rwanda chapter), launched in 2018 by the Netherlands Enterprise Agency (RVO) and the Dutch Ministry of Foreign Affairs. Through this project, IDLO seeks to enhance land security in Rwanda by strengthening public confidence in the registration of land transactions. To contribute to this objective, the project is implementing a phased approach that aims to ensure the establishment of enhanced land-related conflict management and dispute resolution mechanisms at the decentralised level.

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During the inception phase of the project (Phase 1), IDLO conducted research to identify the perceptions, challenges, and key areas for improvement of Rwanda’s land dispute resolution mechanisms as reported by its beneficiaries. Findings from this research have indicated the need to provide the different actors involved in dispute resolutions at the decentral level, with proper guidance and training. This is of particular importance since the 2021 Law Governing Land recognised a quasi-judicial role of the National Land Authority (NLA), thus impacting the role and mandate of the other land dispute resolution actors at the decentral level, such as the Abunzi Committee, the Land Committees (LCs), Family Councils, the Primary Court Judges and lawyers of the Maison d’Accèss à la Justice (MAJ).

Deliverables
Under the overall supervision of the IDLO Regional Program Manager - Africa, and the direct supervision of the Program Lead, the National Legal Expert will be guided by IDLO to produce the following deliverables, envisioned during the implementation phase of the project (Phase 2):
PART 1 deliverables – Development and validation of Abunzi Practice Manual and NLA Guidelines:
• Draft and develop an Abunzi practice manual. The practice manual will clarify: (i) the jurisdiction of the Abunzi Committees (ACs); (ii) the referral process for cases that fall outside of their jurisdiction (including GBV cases), or for cases with complex boundary disputes that cannot be solved by the NLA; (iii) the approach that the Abunzi should follow when solving a dispute (i.e., through mediation and not as judges); and (iv) the role of other land dispute resolution actors (notably LCs and family councils) and how to interact with them.
• Draft and develop guidelines for the National Land Authority (NLA). The guidelines will clarify the process to follow when a disputant submits a case to the NLA and will include: (i) detailed information on who should receive the complaints submitted by justice seekers at cell, sector and/or district level; (ii) a template for the registration of disputes submitted by justice seekers; and (iii) a template for a non-appeal report, which will be provided only if the case is not appealed within the terms established by the law. The enforcement formula will, therefore, be applied by courts (similarly to what is currently done with the decisions of the Abunzi).
• With the support of the Program Lead, facilitate two multi-stakeholder workshops to validate both the Abunzi practice manual and the NLA guidelines. During the two separate events, the National Legal Expert is expected to present the Abunzi manual and the NLA guidelines to representatives of relevant institutions (namely MINIJUST, the NLA and the Judiciary), facilitate discussion and respond to attendees’ questions and comments. Following the workshops, the National Legal Expert is expected to incorporate the inputs received from the different stakeholders (and agreed upon by all) in the Abunzi manual and the NLA guidelines.

PART 2 deliverables – Capacity-building activities:
• Use the Practice Manual and the guidelines to develop training materials, for both (i) an e-learning course; and (ii) in-person training. The training materials will focus on the following topics, which have been identified during the inception phase: (i) conflict resolution and mediation; (ii) the 2016 Abunzi Law and the 2021 Law Governing Land;(iii) matrimonial regimes, successions and donations; (iv) Family Law and GBV Law; and (v) gender-sensitive justice.
• Prepare and deliver four (4) training sessions for the duration of 2 days each, to Abunzi, ES, MAJ, NLA, sector land managers and primary court judges. Using the training materials developed, the National Legal Expert, with the support of the Program Lead, will organise in-person training sessions targeting approx. 120 individuals in the targeted districts of Bugesera and Nyamagabe.
• Coordinate with the Instructional Designer for the development of the E-learning Training course available in the IDLO e-learning platform. The e-learning course, of a duration of approx. 3 hours, will be undertaken by a selected number of trainees.

d) Use the Training Manuals to:
Develop a Trainer’s Manual;
• Prepare and deliver a Training of Trainers (ToT) session for selected participants from MAJ, sector land managers and NLA.
• Specifically, to further promote the sustainability of the capacity development activities supported by the project, the National Legal Expert, with the support from the IDLO Capacity Development Unit, will organise a dedicated ToT session targeting 15 participants including the six MAJ staff (who are mandated to oversee the work of the ACs and to develop their capacity) and a selected number of sector land managers and NLA staff, who will – in turn – be able to deliver themselves training sessions to their peers.
• e) For each training develop and administer pre-training and post-training tests to measure trainees’ gain in knowledge.
• f) Submit a course report following both the in-person training and the ToT, including an analysis of the participants’ knowledge post-training.
• g) Perform related duties as requested in the context of adaptive/flexible project implementation.
• Throughout this assignment, the National Legal Expert will, at all times, be guided by these terms of reference and will be required to:
• Undertake IDLO’s online ToT course and security training.
• Employ participatory approaches working under the guidance of the IDLO Program and Research & Learning Teams in the development of methodology, tools, data collection, data analysis and reporting.
• Emphasize peer exchange and review, responding collaboratively to feedback and input.
• Adhere to and incorporate relevant international and national standards for conducting research ethically and to the highest standards of quality.
• Make available all data collection undertaken to IDLO’s Program Team in line with relevant methodological and privacy considerations.
• Undertake all data collection in line with relevant methodological, ethical and privacy considerations, making data available to the IDLO Program Team.
• Undertake duty travel to selected districts (subject to safety and security measures) for which DSA and transportation will be provided according to the standard of the donor and IDLO specifications.
• Produce (or supervise the production of) high-quality translations into English as needed in support of the research objectives.

Ideal Candidate Profile
Education
- Postgraduate qualifications in Law, with specialisation in land laws and land disputes would be preferable.
Work experience
• At least 15 years of professional experience regarding the rule of law, land disputes and land laws, in Africa (Rwanda).
• Substantive knowledge of the Rwandan land governing legislation (both the 2021 and the previous one).
• Experience in conducting training, and developing training manuals, particularly in the field of access to justice and rule of law.
• Experience in developing gender-responsive training needs assessments and curricula in similar fields.
• Experience in legal research, analysis and writing, conducting applied research projects, preferably using a mix of mutually reinforcing qualitative and quantitative research techniques.

Languages
• Fluency in English and Kinyarwanda
• Fluency in French would be an added advantage

Technical competencies
• Proven experience and knowledge of the legal and justice system in Rwanda.
• Proven experience and knowledge of the 2021 New Law Governing Land.
• Familiarity with the social, political and economic context in Rwanda and/or the region/similar jurisdictions. Experience in more than one country context is a significant advantage.
• Demonstrable excellent skills and experience in oral and written communication, including report writing.

Terms And Conditions
Applications will be screened on a regular basis; a qualified applicant might be recruited before the deadline. In the interest of making the most effective use of resources, only short-listed candidates will be contacted during the selection process.
IDLO is an Equal Opportunity Employer and values diversity in all areas of its operations. We welcome applications of qualified and diverse candidates.
IDLO is committed to achieving a 50/50 gender balance at all levels within its workforce. Female candidates are strongly encouraged to apply for IDLO vacancies.
IDLO does not tolerate sexual exploitation or abuse, any kind of harassment, including harassment of a sexual nature, or discrimination. As such, IDLO will conduct careful reference and background checks of all selected candidates as part of its selection process.
IDLO reserves the right to issue two separate Single Engagement Agreements (SEAs), one for each part of the deliverables outlined above.

Disclaimer And Closing Date
The above statements are intended to describe the general nature and level of the work being performed by the Contractor assigned to this work. This may not be an exhaustive list of all duties and responsibilities.
All applications will be treated with the strictest confidentiality and compliance with IDLO's policy on personal data protection.
The Director-General of IDLO reserves the right to amend and change responsibilities or even to cancel the recruitment to meet business and organisational needs as necessary.