April 9, 2021
NTFP-EP Asia is inviting applicants for Regional Researcher/Technical Consultant for the project “Strengthening Regional Mechanisms and Capacities in Engaging, Implementing, and Adopting Customary Tenure (CT) recognition and free, prior and informed consent (FPIC) as safeguards in the Mekong Region.”
NTFP-EP Asia is a membership network with over 100 partners of non-governmental organizations & community-based organizations working with forest-based communities to strengthen their capacity in the sustainable management of natural resources in the Philippines, India, Indonesia, Malaysia, Vietnam, & Cambodia. Click here to learn more.
Application for the consultancy is until 25 April 2021. Please submit a short proposal with quotation, application letter & CV to applications@ntfp.org
Address to: THE EXECUTIVE DIRECTOR
With subject: Regional FPIC and Safeguards Researcher (Name of applicant)
Please see Terms of Reference below for details. Only short-listed applicants will be contacted after 25 April 2021.
The objective of this consultancy is to develop a regional situational analysis report on the existing condition of Customary Tenure in the Mekong in relation to FPIC and existing Safeguards. It aims to investigate how FPIC and/or other safeguards are being used as a mechanism to secure Customary Tenure and how its implementation or non-implementation affect or impact customary tenure recognition in the Mekong region. The result of this report will contribute to Output 3.1 of the Regional Customary Tenure Workstream (Review FPIC safeguards implementation on the ground to highlight best practices and synergies with existing policies and legislation) under Outcome 3, and will also feed to the overall Conceptual Framework on Customary Forest Tenure (CFT) recognition under Outcome 1 (Reform actors from the CLMV use strategic analyses of different mechanisms for the recognition of customary tenure across the region to inform and to support policy reform).
POSITION TITLE: Regional Researcher/Technical Consultant
DURATION OF CONTRACT: 30 April – 30 September 2021
REPORTING TO: Dazzle Labapis, Program Officer (Tenure Rights & Governance), NTFP-EP Asia
COORDINATING WITH: Country Case Study Researchers
NTFP-EP is part of a regional alliance that implements a two-year program entitled “Strengthening Regional Mechanisms and Capacities in Engaging, Implementing, and Adopting Customary Tenure (CT) recognition and free, prior and informed consent (FPIC) as safeguards in the Mekong Region.
The project aims to:
(1) review of existing customary and statutory tenure arrangements at the national level, including access and use rights of indigenous and ethnic peoples, local communities, forest dwellers and other forest-dependent communities in the context of food security and traditional livelihood;
(2) raise regional awareness, discuss strategic analyses, policy reform and implement capacity building sessions for both regional and national alliances on Customary tenure and inclusive governance mechanisms; and,
(3) discuss, distill and develop policy recommendations for consideration of relevant regional mechanisms on customary tenure to inform policy development.
NTFP-EP leads the implementation of project Outcomes 2 and 3. Outcome 2 is focused mainly to support the ASEAN Members States in developing an ASEAN Guidelines for Customary Tenure Recognition to support their national policies and legislation, while Outcome 3 pushes for advocating Customary forest tenure safeguards, specifically Free, Prior and Informed Consent (FPIC), at national and the regional levels.
The State of the World’s Forest in 2018 underscored that clear and secure tenure rights are recognized as an important prerequisite for the sustainable management of natural resources. Tenure covers multiple rights, including at a minimum the right to access, the right to make management decisions and the right to withdraw resources from a particular area. Over the past few years, there have been progress in the areas of tenure and safeguards at the ASEAN (regional) level, particularly in the Mekong sub-region. Free, prior, and informed consent (FPIC) provisions under international and national laws, policies and programs have gained strength. Several legal reforms have been proposed, and in part adopted, in recent years on land in the region. Both customary tenure and FPIC have been recognized as key indicators in an important guideline for responsible investment in food agriculture and forestry.
However, despite these developments, several challenges remain. For customary forest tenure, access and ownership are still conditional and restricted in several cases in the Mekong region. Land conflicts remain high. Further, cases of encroachments in customary land and forests threaten customary rights and impede on traditional livelihood and customary conservation and resource management practices.
In terms of safeguards, FPIC guidelines have not been developed and institutionalized in several ASEAN countries, and many development projects such as dam construction, mining and agroindustry crops are taking place without the consent of communities. The lack of capacity and awareness by the local communities and indigenous peoples on the international and regional mechanisms that provide safeguards over community rights limit their ability to engage authorities about the adherence to these safeguards.
Building on these gains and recognizing existing challenges, it is vital to continue amplifying the work towards the development, adoption and implementation of customary tenure recognition and the use of safeguards such as FPIC in securing rights over customary forest tenure in the Mekong region through strengthening the policy and practice work (action research, analyses and assessments, capacity building and knowledge exchange) that will deliver increased capacities, key lessons, policy recommendations, and policy guidance in securing customary forest tenure and FPIC as safeguards.
The objective of this consultancy is to develop a regional situational analysis report on the existing condition of the Customary Tenure in the Mekong in relation to FPIC and existing Safeguards. It aims to investigate how FPIC and/or other safeguards are being used as a mechanism to secure Customary tenure and how its implementation or non-implementation affect or impact customary tenure recognition in the Mekong region. The result of this report will contribute to output 3.1 of the regional customary tenure workstream (Review FPIC safeguards implementation on the ground to highlight best practices and synergies with existing policies and legislation) under Outcome 3 and will also feed to the overall Conceptual Framework on Customary Forest Tenure (CFT) recognition under Outcome 1 (Reform actors from the CLMV use strategic analyses of different mechanisms for the recognition of customary tenure across the region to inform and to support policy reform).
The consultancy will cover the following:
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