Who We Are
Natural Justice (NJ) is an organization rooted in the struggles of communities in Africa. As a team of pioneering lawyers and legal experts, we specialize in human rights and environmental law in pursuit of social and environmental justice.
Natural Justice strives to enhance the collective rights of people and protect the sacred relationships that indigenous peoples and local communities have with nature. Our work is informed by the values, knowledge and self-determination of the communities with whom we stand in solidarity.
Through legal empowerment, research, policy influencing and litigation, and as part of coalitions and campaigns, we support communities to know the law, use the law and shape the law. Natural Justice has three main streams: Affirming and Securing Rights to Lands, Resources and Knowledge; Defending Rights against Environmental and Social Impacts; and Standing with Communities.
To learn more about the work of Natural Justice please refer to www.naturaljustice.org.
What we are looking for
Natural Justice, under the Affirming Rights Stream, seeks to develop a guide that equips communities with the information that they need to set up, govern and manage community conservancies either independently or in partnership with private investors. This assignment directly relates to the stream’s primary objective which is to:
Increase and secure control by Indigenous peoples and local communities over their lands, ecosystems and traditional knowledge, leading to increased community agency and resilience, and providing alternatives, solutions and adaptation to the planetary crisis.
Community-based and -owned conservancies can be a viable model for the protection of biodiversity and a significant source of income for community members. Through this consultancy, NJ seeks to provide communities with information to help them evaluate the best options for their communities such that, should they choose to establish a conservancy, it would be through processes that protect their tenure security, protect their rights and livelihoods, and ensure that they participate fully, freely and fairly in all decisions that impact their land and natural resources. Ultimately, the guide would help ensure that their right, and the right of future generations, to a clean and healthy environment from which they derive equitable benefits is protected.
Closely informed by the Community Land Act, 2016 that enshrines the rights of communities to own and govern their land and natural resources, the guide should help communities understand how they can use their land after they have been granted ownership as stipulated in Section 35 and 36 of the Community Land Act. In addition, the guide should provide clear guidelines to communities in how they can incorporate their traditional knowledge and cultural practices to help onboard a different paradigm that addresses the twin crises of climate change and biodiversity loss that have devasting impacts on local communities’ lives and livelihoods.
Scope of the work
The Community Land Act, 2016, stipulates that after communities are registered and they receive title to their land – they can establish community conservancies as a land use.
The research conducted should be able answer questions such as what are the best practices for entering into agreements for community conservancies? What are the minimum considerations for a fair and equitable agreements?
The consultant will be expected to:
- Interview community members from Isiolo, Kajiado, Narok, Baringo, Laikipia, and Samburu counties (exact counties to be confirmed) and collect evidence-based data on their community conservancies (their experience, challenges)
- Interview government officers (county and national government, including officers of relevant agencies such as KWS and KFS) on their role in the governance of community conservancies from a policy perspective.
- Prepare a detailed guide that includes information that communities need to know when setting up conservancies and how they can ensure that their current and future land rights, natural resources, and interests are protected.
- Compile a report highlighting the legal issues affecting community conservancies, including legal loopholes, and recommendations for addressing them.
Who we are looking for.
The successful candidate(s) will develop a detailed workplan, conduct research of the highest quality, and develop outputs in line with the specific purpose set out above. The ideal consultant(s) will therefore have a demonstrable track record of conducting similar research.
They will also have:
- A minimum of a master’s degree in environmental law, human rights, sustainable development, or any other related field.
- Good knowledge of community conservancies as well as the legal dynamics around it.
- Have at least 10 years of professional experience in the land sector and at least 5 years in the field of conservation or related field
- Networks in the counties where the research will be conducted.
- Excellent writing and organizational skills
- Thorough knowledge of the policies and laws governing community land and conservancies in Kenya; comparative knowledge from other African countries would be an advantage
- Proficiency in qualitative analysis and report writing.
Timelines for submission of the report
We want the study to commence immediately and time is of the essence.
Proposals, including a timeline, the expected number of days required (maximum 50 days, work to be completed by 31 May 2023) and applicable daily rate, and a portfolio of work and/or CV should be submitted to firstname.lastname@example.org no later than close of business on 10 March 2023.
The offer must include the following elements:
- A technical proposal containing: Explanatory note on understanding the ToRs, a brief presentation of the methodological approach and a detailed work plan, and a detailed CV with 3 contactable references who have direct knowledge of and experience with the consultant.
- A financial proposal. The financial proposal must be submitted, indicating the proposed number of days, daily rate and denominated in Kenya Shillings (KSh).
Based on this initial submission, we will brief the chosen consultant and develop binding terms of reference with them. The expected output is a “Guide for Community Conservancies” that is straightforward, well-articulated and accessible to both policy makers and members of local communities.