Terms of Reference for Consultant to Prepare a Tenure Facility Brazil Country Assessment

 Context

The Brazilian Amazon represents 60 percent of the entire Amazon region and is the site of conflicting development models. The building of huge highways, power plants and gas pipelines results in benefits that flow outside the region, but the social, economic, and environmental impacts are felt by local communities. More than 22 percent of the Brazilian Legal Amazon[1]  land area is officially recognized as Indigenous Peoples’ Lands (IPLs), totalling some 115 million hectares in more than 420 IPLs. Furthermore, other traditional peoples and communities- such as quilombola (afro-descendant), extrativistas (non- timber products gatherers), among others- have guaranteed collective rights on territories, including access to and maintenance of ownership/tenureship of the lands traditionally occupied. In terms of legal-formal structures, Brazil has Indigenous Peoples’ Lands, Quilombola Territories, Extractivist Reserves (RESEX), Sustainable Development Reserves (RDS), Agro-Extractivist Projects (PAEs), Real Right to Use Concessions (CDRUs). Yet, given the political shifts in Brazil, Indigenous Peoples, local and traditional communities, and their territories are under increasing threat.

The Tenure Facility is evaluating entering Brazil to support projects in alignment with its mission to secure the rights of Indigenous Peoples and local communities (IPLC) to their lands and forests, thereby strengthening their communities and reducing global climate change and poverty in forest areas in the world.

Objectives and task of the consultancy                         

The main objective of the consultant is to develop a Country Assessment report that:

  • Assesses Brazil’s eligibility as per the Tenure Facility’s eligibility criteria.
  • Informs whether the Tenure Facility should invest in the country and in which states within the Legal Amazon; other contexts/ states may be also included in the analysis in case there would be opportunities to do so.
  • Assesses whether the pre-conditions for any Tenure Facility investment in the country/states are met or not, including whether the legal frameworks are adequate.

Specific tasks of the consultant include

  • The assessor should gather information and data from interviews with key informants, as well as secondary information published by think tanks, donors, research bodies and government sites.
  • Interviews should be carried out with a balanced range of informants from government and civil society, including IPLC organisations.
  • The assessor should interview proponents of any Ideas under consideration, as well as other key informants.
  • The country assessment should be compiled and synthesized in a 10 to 15-page[2] written document providing responses to the questions stated in Annex 1 to these TOR.
  • The methodological proposal and deliverables can be submitted in English or Portuguese

Opportunities & Barriers Section

  • If the assessment finds the pre-conditions exist for Tenure Facility investment and that the legal framework in the country is adequate, it will include a final section assessing the opportunities and barriers and identifying a range of possible entry points, including the selection of key states/contexts.
  • The final section on Opportunities and Barriers should lay out in simple terms some elements of a future intervention strategy for the TF in the country.
  • It should clarify The Tenue Facility “niche” and “value add” with respect to existing national investments, NGO activities, and bilateral and multilateral donor supported interventions.
  • It should include some assessment of opportunities for a TF investment and how it might scale up and leverage other smaller catalytic efforts or large-scale programmes in country.
  • It will provide sufficient basis for judging whether any Ideas (and Proponents) under consideration by the TF (or elements of an Idea) are likely to provide such opportunities.
  • The section will not necessarily restrict its Opportunities assessment to a single Idea or opportunity or Proponent.

Qualifications

  • Degree in natural resource management, environmental science, social sciences, law or policy studies, or another field relevant to the objective and task of the consultancy.
  • Minimum 8 years of relevant work experience in areas related to the objective and task of the consultancy.
  • At least 8 years of experience working with or supporting communities/projects in Brazil.
  • Strong familiarity with indigenous peoples and local communities on land rights issues in Brazil and knowledge of legislation in Brazil and in Latin America (the latter would be a plus).

Deliverables

The following documents must be delivered to the Tenure Facility:

  • Workplan, including list of potential interviewees and travel plans, after the signature of the contract agreement.
  • Country Assessment report, including relevant sections and annexes. Delivered no later than 30 days after the workplan is approved.
  • Responses to Tenure Facility comments and suggestions after review of the report. Delivered no later than 15 days after receiving the Tenure Facility’s feedback.
  • The methodological proposal and deliverables can be submitted in English or Portuguese

Selection method

Quality and Cost Based Selection.

Duration and period

Maximum 25 days, as follows: 20 days for developing the report and up to 5 days to incorporate TF feedback and work out the final version. The consultancy should be carried out in early 2022 (the exact dates will be agreed with the selected candidate).

Location and travel

The consultant will be home-based (living in Brazil will be an added value) and may travel to meet potential partners in the Amazon region, as well as key informants.

Reporting

The consultant will report to the Tenure Facility Secretariat.  The Tenure Facility will provide documentation and guidance to the consultant.

Disclosure

The consultant is required to disclose in writing any potential conflict of interest related to the objectives and task of these Terms of Reference.

Application

Please send your application writing to procurement@thetenurefacility.org before midnight (CET) of December 22, 2021.

The application should include your CV, the required daily fee, a description of your qualifications and experience as well as suggested methodology to describe how the consultancy will be carried out in relating to these terms of reference.

[1] The Legal Amazon (Amazônia Legal) is an area of more than five million square kilometres comprising the Brazilian states of Acre, Amapá, Amazonas, Maranhão, Mato Grosso, Pará, Rondônia, Roraima, and Tocantins.

[2] The number of pages is indicative. Annexes can be used to include relevant information beyond the suggested 15 pages.