DAI
TERMS OF REFERENCE FOR NON-KEY EXPERT
Title of Assignment Short term consultancy on research of the conflict between land surface user rights versus mining user rights in Zambia
Budget Line/ Expert Category: 1 Senior NKE
Location Lusaka, Zambia
Duration 50 days
Expected start date 15/04/2025
Expected end date 15/08/2025
The EU support to the National Land Audit (NLA) project aims to improve land administration and management in Zambia. The project focuses on (1) improving the National Spatial Data Infrastructure (NSDI), updating it with information that is publicly available and accessible, and producing land cover, and land use maps at the National level, (2) making available and accessible key results of the National Land Audit, (3) testing and validate Innovative National Land Audit methodologies, and (4) providing guidance for shaping a full National Land Audit implementation and forming a post audit action plan.
II. General objective of the assignment
GENERAL OBJECTIVES
The EU–NLA seeks a consultant to conduct research to clarify legal rights and constraints of customary and state surface land leaseholders for land which is subject to every type of mineral license available in Zambia. The consultant will also assess legal and administrative duties and obligations of mining companies to surface leaseholders and the means of communicating these obligations to leaseholders and the public. The Consultant will also carry out a review of current land and mining acts, and other relevant legislation to determine possible gaps and limitations leading to possible misinterpretations. The research findings will contribute to the ongoing land governance reforms in line with the vision of the National Land Policy to meet its basic principles. Results of this consultancy will contribute to policy development reforms such the Lands Bill of 2024 and the Minerals Act of 2015.
SPECIFIC OBJECTIVES
The consultant will review current legal and administrative practices used in mineral exploration and mining that can cause conflicts between holders of surface and mineral rights. The specific objectives of the study are:
- Review current legislation relevant to land surface rights versus mining rights.
- Identify gaps and discrepancies in this legislation which can lead to potential conflicts.
- Review and document real life conflicts encountered in Zambia.
- Carry out field work to assess the situation on the ground on a representative setting.
- Recommend improvements to this legislation.
- Develop recommendations that will enable improved information exchange between surface and subsurface holders, and Ministry of Mines to clarify potential problem issues.
- Solicit feedback from all stakeholders on proposed recommendations.
III. Scope of Work
This research is expected to work closely with the EU Land Governance project, and in coordination with the European Union, the Ministry of Lands and Natural Resources and the Ministry of Mines and Mineral Development. The researcher will undertake consultations and data collection at national, provincial and district levels.
SPECIFIC ACTIVITIES
The Senior-NKE will carry out services and deliver outputs listed below.
1. Establishment of the research plan, specifying research priorities and design the detailed methodology for the research process
2. Briefing with the EUD and with the MLNR and MMMD
3. Review relevant legislation. Identify gaps and potential problem issues.
4. Review current practices of mining companies for surface land lease acquisition, and compensation of surface leaseholders.
5. Preparation of research protocols/data collection instruments
6. Carry out field visits of current sites of potential, or real evictions of surface land State and customary leaseholders
7. Data analysis, assessments, and preparation of research findings
8. Preparation of a draft research report to inform policy reform
9. Recommend improvement to current legislative, administrative and real-life practices of surface land right submissions to mining companies
10. Recommend means of information exchange and awareness raising of the above issues
11. Debriefing with the EUD and MLNR
12. After reviews, preparation of the final research report
13. Presentation of the research findings, recommendations and inputs to policy reform during the restitution workshop
V. Deliverables and Reporting Requirements
FORMAL DELIVERABLES
1. Inception report and overall research plan
2. Detailed plan of individual research, including objectives, scope based on ToR, timelines, implementation modality
3. Research methodology
4. Draft research and assessment report and support materials
5. Final research and assessment report
6. Consultative workshop (reports, participant list)
7. Dissemination workshop
8. Final report
VI. Candidate Selection Criteria
Qualifications and Skills
- Education: Minimum Master’s degree level in Geoscience, and/or Land Governance/administration.
- Language: Fluency in both oral and written English to a C1 level of proficiency as a minimum.
General professional experience
- Very good knowledge of mining and cadastre legislation in Zambia.
Specific professional experience
- Minimum 10 years of relevant experience in Zambian Land and Mineral Tenure systems, Land Governance and policy reform processes.
VII. Logistics and timetable
The expert will be based at the project office in Lusaka and will undertake some field missions to selected provinces and districts, when necessary, subject to prior notification and approval from the Contracting Authority.
The assignment should start based on Contracting Authority approval date 15.04.2025 and continue for a duration of 4 months (indicative end date 15.08.2024).
Interested candidates are invited to submit their applications (cover letter and CV) to Ms. Daisy L Mwila ([email protected]) with a copy to [email protected] by 4th April 2025. Only shortlisted candidates will be contacted for an interview.