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.

ASSIGNMENT RELEVANCE

Both state and private actors mediate conversion practices of customary land into state land that are not aligned with the basic principles of the National Land Policy. It is imperative that research is conducted to examine the conversion practices of customary land into state land over time and how land is acquired by state and private actors, with a focus on the consultation process between the traditional landowners and the applicants. 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.

The basic principles as already highlighted above are: 1) Upholding good governance principles and practices in land administration and management. 2) Achieving transparency with free-flowing communication, publicly available information, accessible institutions, and processes. 3) Equity for all people having access to land, including gender equity. And 4) Accountability of public officers in land administration to the public.

For this reason, these terms of reference (ToR) focus on a research study to inform various legal and policy development reforms such the Local Government Act of 2019, the Urban and Regional Planning Act of 2015, the Land Act of 1995, and the Lands Acquisition Act of 1972, among others. The assignment based on ToR forms part of the NLA project under Output 4.1: Thematic research and assessment studies completed for informing reform action. As part of Activity 4.1. Production of Six Thematic Research and Assessments Studies, this ToR will aim to inform Land Audit question number 5: Do conversion practices of customary land into state land, including the acquisition of customary land by private actors and the state align with the National Land Policy´s basic principles?

The research will investigate how current practices of service delivery are aligned or not with basic principles that are adopted in the National Land Policy and provide key conclusions and recommendation that feed into future legal, procedural, and institutional reform actions required to align service delivery with these principles of good land administration and governance, as captured in the National Land Policy.

II. General objective of the assignment

GENERAL OBJECTIVES

To conduct a research study to assess whether current conversion practices of customary land into state land, including the acquisition of customary land by private actors and the state respond to policy principles.

SPECIFIC OBJECTIVES

1. Establish status of current land conversion practices of customary land into state land.

2. Examine whether the acquisition of customary land by private actors respond to National Land Policy basic principles.

3. Assess whether the acquisition of customary land by the state respond to National Land Policy basic principles.

4. Develop recommendations that will inform a legal and policy reform agenda.

EXPECTED RESULTS

The research is expected to inform policy reform development on the Land Acts of 1995 (Land Bill of 2024), the Local Government Act of 2019, the Urban and Regional Planning Act of 2015, and the Lands Acquisition Act of 1972. Land conversions from customary land to state land is enabled through legal and policy instruments and involves both state and private actors. This research will seek to ensure these conversion processes and practices are comprehensively examined and align with the National Land Policy basic principles. In addition, the expected results of this research will help inform improvements in various legal and policy reforms.

III. Scope of Work

This research is expected to work closely with the EU Land Governance project, and in coordination with the European Union and the Ministry of Lands and Natural Resources. The researcher will undertake consultations and data collection at national, provincial and district levels.

IV. Deliverables and Reporting Requirements

FORMAL DELIVERABLES
The working language of the assignment will be English.

Output Specific 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

V. Candidate Selection Criteria

Qualifications and Skills

• Education: Master’s Degree level in Land Governance, Geographical Studies, Environmental Management, Development Studies, GIS, or Social Sciences related areas relevant to this research specific assignment
• Language: Fluency in both oral and written English to a C1 level of proficiency as a minimum

General professional experience

• Minimum 5 years of relevant experience in Land Tenure system, Land Governance and policy reform processes.

Specific professional experience

• Minimum 5 years of experience in land administration and governance related work, and knowledge of legal policy reform processes.
• Knowledge of land tenure practices related to land conversions in customary areas.

VI. Logistics and timetable

The expert will be based at the project office in Lusaka and may 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 (indicative start date 15 December 2024) and continue for a duration of 4 months (indicative end date 20 April 2025).