Uganda: Consultant, Conflict Analysis of Development Minerals in Uganda and Develop Conflict Sensitive Community Engagement Toolkit

Jun 7, 2018 | UNDP
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UNDP in collaboration with the Ministry of Energy and Mineral Development is implementing the ACP-EU Development Minerals Programme in Uganda.  The three-year capacity building programme aims to build the profile, and improve the management of Development Minerals (industrial minerals; construction materials; dimension stones; and semi-precious stones) as well as contribute to addressing gender inequalities. The programme is an initiative of the African, Caribbean and Pacific (ACP) Group of States, financed by the European Union and the United Nations Development Programme (UNDP) and implemented by UNDP.

Uganda is rich in natural resources and has a favorable geological environment that hosts over 27 different minerals including gold, tin, iron ore, sand, limestone, marble, stone aggregate, phosphate, dimension stone, clay, oil and natural gas among others. Mining offers a significant opportunity for the country; particularly as a source of revenue, employment, economic lifeline for industries and a way of contributing to social and economic development. Nationally the mining industry is key to attaining ‘Vision 2040’ and the National Development Plan II (2015/16 –2019/20).

Growth and development of the mining sector is guided by the Mining and Minerals Policy 2001, Mining Act 2003 and Mining regulations of 2004. The Government of Uganda, with the support of development partners including UNDP is reviewing the policy and legal institutional framework of the mining sector. The ACP-EU Development Minerals Programme implemented by UNDP supported consultations for the revision of the Mining and Minerals Policy in 2016 and a revised Mining and Minerals Policy 2016 is awaiting cabinet approval. Similarly, the programme is in discussion to support the revision of the Mining Act 2003.

Uganda’s strong economic growth, infrastructure boom and rapid urbanisation over the last two decades are driving the demand for construction materials (such as gravel and sand), dimension stones (such as marble and granite), industrial minerals (such as bentonite and talc) and semi-precious stones (such as garnet and amethyst). These minerals are referred to as Development Minerals, which are minerals and materials that are mined, processed, manufactured and consumed domestically in industries such as construction, manufacturing, and agriculture. Development Minerals are economically important close to the location where the commodity is mined and have the potential to support development through employment at the local level for millions of people. Often referred to as Low Value Minerals and Materials (LVMM) due to their low price as a function of their weight and their relatively low value to international commodity markets, Development Minerals provide crucial inputs for domestic economic development.

The recently concluded Baseline Assessment and Value Chain Analysis of Development Minerals in Uganda indicates that the rapid urbanisation in Uganda, with an estimated urban population of 20 million by 2020 presents unique and new opportunities, and challenges, for the construction industry. In addition, over 700,000 new entrants into a job market with limited capacity to absorb them has also informed the Government of Uganda’s prioritization of job creation and infrastructure improvements. 

At 6% growth per annum, the construction sector continues to be strong and, with it, a market for a broad range of construction materials including sand, clay, limestone, marble, kaolin and stone aggregate. The Development Minerals sector directly employs approximately 390,000 Ugandans, with women making up more than 44% of the work force.

However, the sector is not without its challenges. The mining of Development Minerals can pose environmental, social and occupational risks that require careful mitigation and management. Although the high participation of women in the workforce (particularly for commodities such as stone aggregate and salt) highlights the importance of increasing women’s access to paid employment, there is a clear need for targeted measures to rectify inequalities in the sector. The sector is also severely under-documented and largely informal, presenting major challenges for regulators and those positioned to deliver more appropriately-tailored services.

It is estimated that 98% of ASM production and 56% of MSM production of Development Minerals takes place outside of the current mining sector legal framework. The main conflict related issues in the sector are conflicts between miners, between miners and traders (often related to non- or under-payment) and between miners and other land users. Despite the significant ASM workforce of the Development Mineral sector, the Baseline Assessment research team did not identify evidence of violent conflicts, but did take record of the cases in the Kalungu-Lwera sand mining conflicts.[1] Without adequate management, conflict can have negative social and environmental impacts. Mining-related conflicts can also reduce the sector’s ‘social license to operate’ - thus justifying anti-ASM public sentiment.

[1] Parliament of the Republic of Uganda (2016). Report of the Committee on Natural Resources on Sand Mining in Uganda.

Duties and Responsibilities

Scope of work and methodology:

UNDP is seeking the services of a qualified national consultant to undertake a situation analysis of conflict in the Development Minerals sector as well as a diagnosis of existing judicial, non-judicial and traditional conflict management and grievance handling mechanism applicable and suggest options for efficient handling of sector related conflicts within existing frameworks. The consultant will also be required to assist with capacity building for stakeholders regarding conflict management and grievance handling mechanisms relevant to Ugandan context. The assignment will be carried out in 3 key phases as follows:

Phase 1: Situation analysis of conflict in the sector:

In this phase, the consultant will be required to explore and provide detailed analysis of current trends in the Development Minerals sector related conflicts and grievances. More Specifically, the type of conflicts, reach and nature of stakeholders involved, as well as mechanisms they resorted to in the resolution.

Secondly, the consultant will identify existing conflict and grievance management mechanisms and undertake a thorough diagnosis using SWOT analysis to single out the most prominent ones which could potentially host/include sector related issues. Through this process and considering the current sector legal framework, the consultant will be required to analyse the technical and practical feasibility of including Development Minerals sector-specific conflict and grievance issues in relevant existing mechanisms including ways to capacitate the potential host mechanisms thus identified. In addition, the consultant will develop a conflict sensitive community engagement toolkit to further engage and empower stakeholders afterward.

Phase 2: Stakeholder consultation workshop:

After the situation analysis is completed and report provided, the consultant will be required to prepare   a national workshop in collaboration with UNDP where sector stakeholders will be presented with key findings for amendment and validation. Specifically, they will review the situation analysis, the diagnosis of existing conflict and grievance management mechanisms including the proposed options for handling Development Minerals related conflicts and grievances. Moreover, special attention will be accorded to the feasibility analysis of each option for hosting and handling sector related issues, including the conflict sensitive community engagement toolkit. Once vetted, the most prominent option and the conflict sensitive community engagement toolkit will be subject to onward implementation as deliberated on during the validation workshop.

Phase 3: Operationalization of conflict and grievance handling mechanism: 

Based on the outcome of the above process, the consultant will be required to assist sector stakeholders to operationalize Development Minerals sectors grievance and conflict handling mechanism and undertake practical capacity development for the stakeholders operating the mechanism on efficient grievance and conflict handling, using the developed conflict sensitive community engagement toolkit.    

Objectives:

The objective of this assignment is to undertake a feasibility study for integration of the Development Minerals sector into the existing conflict early warning system and grievance handling mechanisms – at sub-national and national levels—that explore sector conflicts dynamics and current state of play of the efficiency of existing systems.

Specifically, the assignment is intended to:

• Generate data on the conflict dynamics within the operating context of the Development Minerals Sector towards deriving actionable measures in mitigating and managing conflicts within a national conflict early warning system. Concrete proposals on regulatory framework strengthening and a defined mechanism to formalize grievance handling mechanisms for ASM should be included;
• Develop a toolkit that will facilitate multi-stakeholder actions on community engagement, participation and monitoring based on the tenets of free, prior and informed consent; and
• Undertake a capacity assessment, address emergent capacity needs and raise awareness of DGSM Staff and representatives of ASM representatives - on Conflict Sensitive Mining and Grievance Handling. 

Key Tasks:

Under the direct supervision of the ACP-EU Development Minerals Programme Country Coordinator for Uganda and Team Leader – Inclusive Green Growth Programme and the overall supervision of the ACP-EU Development Minerals Programme Manager, the Consultant is required to use a participatory approach and process to ensure wide stakeholder consultation in the collection of both secondary and primary data. It is expected that data collected will be analyzed using a rigorous and transparent analysis framework, summarized and presented to the Uganda Country Working Group and at a National Validation Workshop to aid in prioritization of strategic interventions and ensure sufficient inclusion of all stakeholder views.

The key tasks:

Sector Conflict Analysis and Diagnosis of existing Grievance Handling Mechanisms

• Prepare an inception report detailing understanding of the terms of reference for the assignment; detailed methodology to be adopted to achieve the objectives of the assignment and the timelines for submission of the assignment deliverables;
• Identify and review relevant documents with specific attention to current conflict mitigation and management provisions and capacity gaps in the Development Minerals sector. The capacity gaps should be categorised into i) Institutional framework and non-state actors’ capacity gaps  at national and sub-national levels; ii) gender gaps in incomes and employment opportunities for women, youth and persons with disabilities that exacerbate income inequalities; iii) barriers and opportunities for conflict management within the national and sub-national conflict early warning system; opportunities and capacity needs for community based grievance handling mechanisms that are synergised with national-level action, and iv) capacity needs and barriers to utilisation of regulatory framework provisions for conflict management in the Development Minerals sector. The consultant will be expected to detail specific actions related to each area.

The Consultant is expected to make key reference to the report on the Baseline Assessment and Value Chain Analysis of the Development Minerals Sector in Uganda. This should be done at inception stage before commencing with any field work.  Other documents to be considered are, but not limited to: The Uganda Vision 2040, National Development Plan II, The Uganda Mining Act,2003, The National Minerals Policy 2001; The United Nations’ International Strategy for Disaster Reduction (UNISDR) Strategic Framework 2016 – 2021; The United Nations Toolkit on Extractive Industries and Conflict;

• Conduct extensive consultations with key stakeholders to identify barriers to effective conflict management in the Development Minerals sector.  To do so, the consultant is expected to determine a sample of key informants and representatives from relevant public, private and business development institutions as well as Civil Society Organizations including ASM communities and ASM operators.
• Undertake a stakeholder conflict management needs assessment and SWOT analysis to identify stakeholders’ specific needs, key issues, priorities and actions to be undertaken to enhance management of conflict issues and propose a grievance handling mechanism pertinent to artisanal and small-scale mining of Development Minerals within the existing regulatory framework and current practice provisions;
• Prepare the draft study report that includes situation analysis of the Development Minerals sector including a feasibility study for integration of Development Minerals sector specific issues into the national conflict early-warning system where applicable with consideration of the entire mining cycle in artisanal and small-scale mining of Development Minerals;
• Develop a conflict sensitive community engagement toolkit. This toolkit should include guidance on strategies for building conflict prevention dialogue and the mediation skills of miners, associations, public institutions and mining communities and the establishment of a grievance handling mechanism.

Hold a stakeholder consultation workshop:

• Present the findings of the study to key stakeholders for validation;
• Prepare a Final study report that includes the list of stakeholders consulted among others.

Undertake Concrete Actions to address institutional capacity gaps through the operationalization of conflict and grievance handling mechanism: 

• Conduct a capacity needs assessment of DGSM Staff as well as that of other relevant mechanism in the institutional landscape in Conflict Sensitive Mining and Grievance Handling;
• Conduct a two-day sensitization and participatory learning workshop on Conflict Sensitive Mining and Grievance Handling for DGSM Staff and artisanal and small-scale miners and their representatives;
• Provide final workshop report on Capacity enhancement in Conflict sensitive mining and Grievance Handling.

Expected Outputs and Deliverables:

The key deliverables of this assignment include:

A draft and final inception report within 5 and 10 working days – respectively - of signing the contract detailing the consultant’s understanding of the terms of reference for the assignment, detailed methodology to be adopted to achieve the objectives of the assignment and the timelines for submission of the assignment deliverables;

• A draft report within 20 work days of that includes conflict analysis of the Development Minerals sector with consideration to the entire mining cycle. Focus should largely be on artisanal and small-scale mining of Development Minerals;
• A draft conflict sensitive community engagement toolkit with guidance on the establishment of a grievance handling mechanism;
• A final report including inputs of stakeholders from the validation workshop within 30 working days of signing the contract;
• A final conflict sensitive community engagement toolkit with guidance on the establishment of a grievance handling mechanism;
• A feasibility study on integration of Development Minerals sector specific issues into the national and sub-national Conflict Early Warning System within 45 working days of signing the contract;
• Capacity Strengthening Exercise on Conflict Sensitive Mining and Grievance Handling targeting DGSM Staff, artisanal and small-scale miners’ association representatives within 75 working days of signing the contract.

Competencies

Corporate competencies:

• Commitment to UNDP’s mission, vision and values;
• Sensitivity to cultural, gender, religion, race, nationality and age differences;
• Demonstrates integrity by modeling the UN’s values and ethical standards;
• Promotes the vision, mission, and strategic goals of UNDP;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Treats all people fairly without favoritism.

Functional Competencies:

• Advanced skills in Microsoft Office with strong analytical and presentation skills;
• Ability to execute multi-stakeholder engagements;
• Produce high quality analytical outputs and in a timely manner;
• Strong organizational skills;
• Ability to work independently, flexibly and under pressure utilizing initiative;
• Sound judgment, strategic thinking and the ability to manage competing priorities;
• Flexibility in responding to changing priorities in a fast-paced environment;
• Strong analytical, research and writing skills and demonstrated ability to think strategically;
• Strong inter-personal, communications, negotiation and liaison skills;
• Excellent written and spoken communication skills in English. Working knowledge of the local languages an advantage.

Required Skills and Experience

Academic Qualifications:

• A Master’s degree or higher in Natural Resources Management, Mining, Peace and Conflict Studies, or Economics, development studies or relevant disciplines.

Experience:

• At least five (5) years of relevant work experience related to natural resource management, mining and sustainable development with a strong background in conflict management and small-scale mining;
• Demonstrated experience conducting conflict analyses in the extractives sector in a development context;
• Strong experience working on conflict dimensions of artisanal and small-scale mining;
• Demonstrated experience in one or more of the following commodity subsectors an advantage:  construction materials; dimension stones; industrial minerals and semi-precious stones;
• Familiarity with international standards as well as industry best practice on conflict and the mining sector, including the establishment of grievance handling mechanisms as well as mining governance.

Language requirements:

• Fluency in written and spoken English.

Working arrangements:

Institutional Arrangement:

The consultant will work closely with a team consisting of the Uganda Country Coordinator and ACP-EU Development Minerals Programme team; and shall report to the UNDP Team Leader for the Inclusive Green Growth Programme, who will be responsible for ensuring the the overall technical quality of the deliverables, and compliance with the terms of the assignment.

The required format for all the reports generated shall be agreed with the UNDP upon the inception of the assignment.

All costs needed to achieve the deliverables set forth in this RFP are to be included in the financial proposals from the offerors (transport, professional fees, communication, consumables, living allowances, etc.) except logistical costs related to the organization of the stakeholder validation workshop and DGSM Staff Training workshop.

Duration of the Work:

The assignment is expected to take a period of 90 non-consecutive working days spread over ten weeks in accordance with the scope of work and indicative period for submission of deliverables as indicated in the TORs.

Price proposal and schedule of work

A lump sum payment, in two tranches, shall be made upon successful completion and certification of work done as indicated in this Terms of Reference.

Evaluation Method and Criteria:

Cumulative analysis:

Individual consultants will be evaluated based on the cumulative analysis methodology (weighted scoring method), where the award of the contract will be made to the individual consultant whose offer has been evaluated and determined as:

• Responsive/compliant/acceptable; and
• Having received the highest score out of a pre-determined set of technical and financial criteria specific to the solicitation.

Technical Criteria weight: [70%]

Financial Criteria weight: [30%]

Only Individual Consultants obtaining a minimum of 70% on the Technical evaluation would be considered for the Financial Evaluation.

Submission of Application:

The candidate is required to submit an electronic application directly uploaded on the UNDP jobs website with all the requirements as listed here below. Annexes and further information may be downloaded on http://procurement-notices.undp.org no. 45405.

Interested individual consultants must submit the following documents/information to demonstrate their qualifications in one single PDF document to this website - http://jobs.undp.org no. 78204.

• Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP (Annex II);
• Personal CV, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Candidate and at least three (3) professional references.

Technical proposal:

• Brief description of why the individual considers him/herself as the most suitable for the assignment;
• A methodology, on how they will approach and complete the assignment;
• Financial proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs, as per template provided (Annex II);
• Annexes 1 and II - may be downloaded from the UNDP Procurement Notices Website -http://procurement-notices.undp.org/ For further clarifications, please contact; janet.anyango@undp.org; moses.lutwama@undp.org;

Interested applicants should submit applications through uploading of all their required documentation in one single pdf document on this website only.