The objective of the assignment is to conduct a study to objectivise ineffectiveness of remedies, and ultimately challenge the predominant State and corporate discourse of compliance with due-diligence related standards. This will focus on the following three key areas;
· Provide evidence on the ineffectiveness of remedies as a means to counter the discourse of Due Diligence-compliance and expose collusion between State and private actors.
· The study is expected to inform Legal Aid Service Providers’ strategies to both engage with these remedies and address their deficiencies.
Drawn from the above, ASF plans to carry out a study to consolidate data available on access to remedy in the Oil and Gas sector. Given that the sector is at preliminary stages, the study will focus on issues of remedies for harm resulting from project-related construction work and compulsory land acquisition. Further intricate details can be found in the project documents to be shared with the consultant to gain a better understanding.
Methodology
The methodology will be informed by the research questions that will guide this study. The consultant will present the suitable study methodology in an inception report to be written after discussions and review of documentation which will be reviewed and approved by ASF. The following are the key research questions to guide the study;
How have the Tilenga and EACOP projects affected the right to access remedy in Uganda?
Which types of disputes have arisen in the context of the Tilenga and EACOP projects?
Which changes have the Tilenga and EACOP projects induced in the legal remedy-related framework?
Does the overall system of remedy used in the context of the Tilenga and EACOP projects comply with national and international standards of effectiveness/due process?
Which steps should duty-bearers (State and private actors) take to improve the system effectiveness?
Scope of Work
The consultant will be required to undertake the following tasks during this assignment;
1) Review all key project documents including programmatic and relevant monitoring reports
2) Field mission to conduct data collection in the selected study areas
3) Hold discussions with respective staff to gain more insight into the study focus
4) Prepare a draft study report for review by ASF
5) Prepare and present a final study report to ASF
6) Submit all data to ASF, including copies of the final datasets and instruments.
Timeline and Deliverables
In line with the above tasks/activities, the consultant will be required to provide the following;
- Inception report inclusive of literature review, methodology, target study area and participants, timeline and tools
- Datasets from the data collection activities to be submitted in respective soft and/or hard copy folders
- Draft study report
- Final study report
- PowerPoint presentation of the key findings of the research
The consultant should ensure that they are available in September and October, 2021 for 35 working days. This period will commence upon signing of the consultancy agreement by both parties.
How to apply:
Applicants should submit the following documents by Friday 10th September by 12.00 noon
A cover letter expressing interest in carrying out the consultancy
· A CV demonstrating relevant skills and experience and names of at least 2 references, preferably from organizations with which the consultant has conducted similar types of work.
· Indicative budget for consultant fees, detailing the activities, number of days and daily rate (Fees should be inclusive of all taxes as per the Income Tax Act Cap 340 and quoted in UGX)
· Technical proposal
· Sample of similar work done in the past (optional)
· Declare availability in September and October, 2021.
· Declare flexibility and availability to work at ASF offices for a number of days to be discussed.
The documents should be submitted to Sharon Joy Lucima at oug-ap@asf.be and copy to Denis Odongo at bur-afl@asf.be under the subject line Consultancy – Remedy Study.