Tender Description

TERMS OF REFERENCE

Title: An Assessment on Access to Justice and Restoration of Housing, Land, and Property (HLP) Rights in Fragile Contexts in Somalia

Consultancy type: International

Location: Somalia, focusing on Kismayo, Jowhar, Mogadishu, and Garowe.

Duration: 45 working days (Between August and October 2025)

Organization: Norwegian Refugee Council (NRC)

Critical interface: Head of Programme, ICLA Specialist, Regional ICLA advisor

1.0 BACKGROUND

Over two decades of conflict, concentrated mainly in southern Somalia, have destroyed much of the country’s governance capacity and economic infrastructure, including the institutions mandated to provide legal services, secure land tenure, and provide legal services. Since the collapse of Somalia’s central government in 1991, the country has been affected by decades of political instability, armed conflict, and recurrent natural disasters, all of which have resulted in widespread internal displacement. As of 2025, Somalia hosts over 3 million internally displaced persons (IDPs), many of whom face insecurity of tenure, forced evictions, and limited access to justice. Displaced communities, particularly in urban and peri-urban areas such as Kismayo, Jowhar, Mogadishu, and Garowe, often settle on private land based on informal or verbal agreements. These arrangements leave them highly vulnerable to eviction and land-related disputes. A significant obstacle to durable solutions for IDPs is the lack of access to land and housing, compounded by tenure insecurity and frequent forced evictions. Much of the land in urban areas is privately owned, and there is limited public land available for allocation to displaced populations. Consequently, many IDPs live on land based on informal agreements, which are often verbal and undocumented. This leads to chronic vulnerability, repeated displacement, and limited investment in housing or infrastructure.

Land disputes are a common cause of conflict and disruption to development and humanitarian operations. These disputes are further complicated by Somalia’s pluralistic legal system, which encompasses customary (Xeer), religious (Sharia), and statutory (secular) law. While this plurality allows for flexible dispute resolution options, it also creates inconsistencies, overlaps, and barriers—particularly for women, minorities, and other marginalized groups. Customary and religious systems may not always align with human rights standards, and statutory systems often lack capacity and reach. The legal pluralism in Somalia—customary (xeer), Sharia, and statutory systems—creates additional challenges, particularly for displaced people, women, and minority groups. While informal mechanisms are more accessible, they may not always uphold fair or gender-sensitive practices.

Access to justice in Somalia remains uneven. Formal courts are not accessible to many IDPs due to cost, distance, and lack of awareness. Customary and Sharia mechanisms are more widely used but can be male-dominated and may not offer equal treatment to all claimants. Municipal authorities have limited capacity to manage land administration or mediate disputes effectively. Additionally, limited public understanding of housing, land, and property rights—especially among displaced populations—exacerbates insecurity.

The Norwegian Refugee Council (NRC), through its Information, Counselling and Legal Assistance (ICLA) programme, has been actively working to improve access to justice for displaced communities in Somalia. This includes legal awareness campaigns, collaborative dispute resolution (CDR), legal counselling, and institutional engagement. Building on this foundation, the present consultancy aims to generate evidence and recommendations that will further strengthen NRC’s approach and contribute to broader efforts to restore HLP rights and improve access to justice in displacement contexts.

2.0 PURPOSE OF THE CONSULTANCY

As part of its mandate to promote and protect the rights of DACs in Somalia, the NRC seeks to verify the above assertions and assess the challenges and conditions of accessing justice within the context of Housing, Land, and Property rights.

The purpose of this consultancy assignment is to analyse and comprehensively document:

• Existing legal, administrative, and policy frameworks applicable to HLP rights with a thematic focus on access to justice.
• The roles and performance of municipal authorities and local CDR mechanisms within the plural legal environment.
• The challenges faced by IDPs, women, and marginalized groups in accessing justice and participating in dispute resolution.
• The linkages between formal and informal justice systems, and their impact on peacebuilding, conflict resolution, and durable solutions.
• The types, drivers, and patterns of HLP disputes, including land and water-related conflicts.
• Good practices and success stories that can inform improved HLP programming.
• Recommendations for enhancing NRC’s CDR and access to justice interventions.

3. OBJECTIVES

• Map legal, administrative, and customary frameworks governing HLP and access to justice.
• Assess the functionality, inclusivity, and responsiveness of CDR mechanisms.
• Identify barriers to justice for IDPs, women, and marginalized communities.
• Evaluate the relationship and linkages between formal and informal dispute resolution systems.
• Assess the linkages of CDR systems to local ADR systems and assess coordination and referral practices with formal justice
• Provide strategic, evidence-based recommendations for enhancing CDR and legal aid in NRC’s ICLA programme.

4. SCOPE OF WORK AND METHODOLOGY

The consultant will combine legal analysis with a desk review of relevant legislation, policies, and programme documents, including the NRC’s CDR Handbook. Undertake key informant interviews (KIIs) with legal practitioners, traditional leaders, local authorities, and humanitarian actors; - Facilitate focus group discussions (FGDs) with displaced women, men, youth, and minorities in all four target locations; - Observe and document CDR and formal dispute resolution processes; - Analyze NRC’s case data and court records (where available); - Develop stakeholder maps and justice pathway flowcharts.

Enumerators will record data generated during the KII and FGD on detailed data collection sheets, which will be used for analysis.

Additionally, the NRC shall collect several case studies to gain an in-depth understanding of the issues and their impact on DACs. All names of individuals shall be withheld to respect respondents’ privacy.

The research team shall triangulate all the findings across multiple data sources, in particular, by comparing the qualitative findings with the ICLA programme’s experience and data.

5.0 METHODOLOGY

Information for this report will be gathered through a combination of a desk review of existing literature and the NRC ICLA programmes’ experience with these issues, complemented by qualitative and quantitative research. For this effort, research will be conducted in Somalia.

The qualitative fieldwork will include focus group discussions (FGDs) with male and female IDP community members, as well as key stakeholder interviews (KSI). Enumerators will record data generated during the KII and FGD on detailed data collection sheets, which will be used for analysis.

Additionally, the NRC shall collect several case studies to gain an in-depth understanding of the issues and their impact on DACs. All names of individuals shall be withheld to respect respondents’ privacy.

The research team shall triangulate all the findings across multiple data sources, in particular, by comparing the qualitative findings with the ICLA programme’s experience and data.

6.0 CONSULTANT’S TASKS AND DELIVERABLES

Under the overall supervision of the Technical Steering Committee, the consultant will prepare a report on access to justice in Somalia. This will entail the following tasks:

1. Conduct a targeted literature review
2. Inception Report
3. Document focus group discussions and interview notes from the key stakeholder interviews (KII)
4. Compile, in annotated form, a broad range of evidence-based case studies and good practice examples, and Stakeholder mapping and justice pathway diagrams.
5. Legal and policy framework matrix across the four cities and city-specific findings briefs.
6. Produce a 30-50 page report that outlines the challenges, gaps, and recommendations, including a compelling rationale as well as practical policy and implementation options. This should include pathways for stakeholders to operationalize the available innovative tools, frameworks, and approaches to increasing access to justice on HLP rights and demonstrate how existing and creative tools can be combined to foster HLP rights.
7. Produce a 4-6 page Policy Brief that distills the key findings and messages for decision makers and HLP stakeholders.

7.0 CONTRACTUAL TERMS

The consultancy will be home-based and will conclude at the end of October 2025. The consultant will prepare an overall work plan and research tools at the beginning of the assignment, which will be discussed and agreed upon with the supervisors at the NRC.

8.0 REQUIREMENTS

• A Master’s or PhD degree in law, development studies, quantitative economics, social or political science, Bacholar of Law or other field relevant for the consultancy.
• A technical proposal, including the proposed study design, study methodology, comments on the terms of reference, timetable, and proposed work plan (max 5 pages).
• A financial proposal (max. 3 pages) separates from the technical proposal, including all taxes and covering the costs of travel to the site, food, accommodation, etc. (please indicate the currency. National consultancies can only be paid in USD).
• Resumes of consultants.
• Two references for the firm and/or each of the proposed consultants
• At least two extracts from past work (minimum four pages per extract).
• A cover letter containing the following information: a description of how the candidate's skills, qualifications, and experience meet the requirements of the assignment, a list of previous assessments relevant to the context and purpose of this assignment, and a statement confirming the candidate's availability to carry out the assignment.
  1. A cover letter introducing the consultant. In the case of a firm, the cover letter should introduce the team composition and specify the role each team member will play.
  2. A technical proposal of not more than 5 pages outlining how to execute the task with a clear framework, methodology, and timelines. The proposed method should demonstrate a clear understanding of the ToR.
  3. Resume of the consultant, or each team member for firms
  4. Evidence of experience conducting similar assignments
  5. A financial proposal (max. 3 pages) separates from the technical proposal, including all taxes and covering the costs of travel to the site, food, accommodation, etc. Include the final creative product design and layout (please indicate the currency).

9.0 Travel: Travel to Kismayo, Jowhar, Mogadishu, and Garowe Somalia is required for this consultancy (exceptions/flexible arrangements or changes will be discussed further during the inception meeting). However, should the consultant propose alternatives, the consultant must provide a clear plan, measures, and/or demonstrate partnerships with local researchers to support data collection and engagement, thereby achieving a better contextual understanding. The NRC could support the consultant in mobilizing communities, engaging with the government, and planning travel.

Skills Required

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