Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697799803784.pdf (Dominica)
GOVERNMENT OF THE COMMONWEALTH OF DOMINICA Terms of Reference – Legal Consultant LAND TENURE SUPPORT Introduction A critical issue that continues to confront Dominica is the recovery of its housing sector in the wake of Hurricane Maria.

The hurricane devastated the country’s infrastructure, communities and households, along with the main productive sectors – agriculture and tourism.
The Government of the Commonwealth of Dominica (GoCD) has embarked upon a broad range of housing recovery strategies aimed at increasing structural resilience in the housing sector and the built environment, thus reducing the vulnerability of citizens and the economy to natural disasters.

Project Background In 2018, GoCD secured financing from the International Development Association (IDA) credit and a Crisis Response Window Grant for the Housing Recovery Project (HRP).
The HRP is one of the projects in the GoCD National Housing Repair and Reconstruction Programme (NHRRP) portfolio.

The HRP was prepared as part of an overall development partner initiative to support medium- and long-term recovery in Dominica and is part of a broader World Bank recovery portfolio.

The project is being implemented by the Project Implementation Unit (PIU), established within the GoCD Ministry of Housing.

Applications for the Housing Recovery Project were opened in September 2019.
At the time, the project targeted 1,700 homeowners who would become beneficiaries of a grant of $50,000 each to construct a small resilient house.

The criteria included, but was not limited to, the following.
That the applicant must:  Be a homeowner  Had a house that was completely destroyed  Had a house that was not in a high flood or landslide risk area (low environmental hazard)  Show proof of ownership or permission to occupy land that house was situated on With many of the applicants having suffered loss of personal documents during the aftermath of Hurricane Maria, endorsements from a Justice of Peace or their village councils were accepted as interim documentation to prove permission to occupy lands or other cases.
While there were a few applicants who already had their land titles and other relevant documents at the time of application, many applicants did not.

Available documentation was uploaded into the management information system (MIS) and applicants were advised to submit the required documents to the office at a later date.
It was determined that applications would be accepted from all interested participants accept as this would support the Ministry of Housing in capturing housing needs that existed post Hurricane Maria.

Those who did not fit the project’s criteria would remain in the database so that they could be transferred to the Ministry of Housing for placement in programs that would best suit the unsuccessful applicant’s situations.
Applications which passed the basic requirements and site reviews were forwarded to the Validation Committees for community-based review.

This was followed by additional low hazard reviews where required, and finally by the Documentation Review stage.

This stage included a review of land tenure documents to ensure compliance with the Physical Planning Division (PPD) requirements: 1.

Registered Landowner with Title 2.

Permission from Registered Landowner Required 3.


Kalinago Authorization Letter Required 4.

Permission from Kalinago Land Tenant Required 5.

Applicants Occupying State Land 6.

Applicants Processing Land Titles All of these cases would have to be accompanied by the required notarized documents where necessary.

Applicants were given deadlines to submit the required land documents.
However, dependence on the applicants themselves to acquire and submit the documents was challenging especially where the applicants had initially submitted unofficial permission documents from village councils, a Justice of the Peace, or handwritten letters from landowners.
This brought to light the reality of the most vulnerable homeowners in Dominica and the opportunity for the HRP to support the facilitation of persons in achieving the social resilience of registered land ownership and legal permission to occupy registered land.

The table below summarizes the present status of land tenure challenges that exist on the project Table 1.
Land Tenure Matrix data as of April 2021 Categorical Data of Applications Pending Final Review and Approval Category Intestate (no will) Intestate (no will) no title Kalinago Council Authorization letter required Land dispute Land survey done Land title in process Number 6 1 36 1 33 3 Categorical Data of Applications Pending Final Review and Approval Landowner with no title Long-stay undisturbed with no title Notarized permission from land owner Occupying State Land 5 36 5 1 Requires notarized permission from landowner and land title 47 State permission to occupy Testate Unknown1 Total 6 6 200 386 The absence of land tenure documentation that is acceptable to the PPD, is impeding the progress of the project and frustrating beneficiaries.
It is critical that existing information must be reviewed, additional data gathered, and clear steps to resolve matters that arise be completed to move the project forward as expeditiously as possible.

Objectives To review the existing beneficiaries land tenure issues and develop clear steps to resolve.

Scope of Services 1.

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9. Review existing beneficiary documentation on land tenure (approx.
150 beneficiaries) Confirm the accuracy and legitimacy of documentation provided by the beneficiaries.

Confirm categorisation of beneficiaries according to Table 1 above or, develop revised criteria/categorisation as agreed with the PIU.

Recommend action(s) required in the various categories for compliance with the PPD requirements.

Estimate the time, effort/inputs, and cost (if any) required to execute the actions determined as necessary to achieve compliance with the PPD requirements.
Indicate the probability of satisfying the requirements for the various beneficiaries based on documentation review and any other relevant factors.

Perform whatever field visits or document reviews are required to execute the services.

Communicate with each beneficiary to discuss the tenure issues.
Coordinate activities with designated Land Surveyor 1 This classification occurs where potential beneficiaries have provided verbal indications of land tenure status but have been unable to provide any documentation to support within the past year Duration The expected duration of the assignment is one (1) month.

The Consultancy will commence upon issuance of the letter of effectiveness – one day after contract signature - which is expected to take place in Dominica.
Qualification and Experience Requirements The Consultant shall possess the following minimum qualifications and experience: a) Qualifications:  Licenced to operate in the Commonwealth of Dominica  Masters’ Degree or Specialization in Property Law or related legal field b) Experience:  at least 10 years post-qualification experience and proven experience in Property Law, titling and land related matters;  Excellent written and oral communications skills; and  Legal professional membership is required.
Consultant’s Responsibility  The Consultancy will be done physically in Dominica.

 The Consultant will be responsible for maintaining regular weekly contacts with the PIU.

 The Consultant shall be responsible for the collection of all data, and information to assist in the timely completion of the assignment  The Consultant shall submit at the outset the expected deliverables described below, as well as ensure their timely submission to the PIU for review.
 The Consultant will be responsible for tools and equipment, materials, accommodation, office requirements in Dominica, as needed.

 The Consultant is responsible for hiring appropriate qualified and experienced technical and administrative staff if needed and any other resource necessary to undertake the Consultancy.
Deliverables Weekly Reports: progress report (brief) issued weekly indicating number of properties visited, number of titles found, key findings, challenges encountered, resolution, next steps.
These reports will include a Table, the exact format to be agreed, containing at minimum: the name of beneficiaries, details on property location, information on title and/or other types of tenure, summary of contact with beneficiary, and concerns/issues/actions arising thereof; Final Report: this report will contain, at minimum, a summary of all the findings and categorisation of tenure issues along with the actions and process required to resolve to the satisfaction of PPD.
For each recommended action and/or process, an estimate of the cost (if any), time, and efforts required to execute these will be provided.

It is likely that the actions and processes proposed will require third party interventions and this must be clearly identified.

The report will also identify those beneficiaries where the probability of successful satisfaction of PPD requirements is very low.
Copies of all documents collected, produced, or referenced for the services will be appended to the final report save for those provided by PIU.

Reporting Arrangements The Legal Consultant will report directly to the Project Manager of the Housing Recovery Project/Project Implementation Unit, Ministry of Housing and Lands, or his designated representative.

The Legal Consultant will also be required to coordinate his activities with the Land Surveyor identified by the Project Manager.
Confidentiality  All information provided by the Project Implementing Unit shall be treated as confidential and should not be disclosed to any party.

Professional rules of confidentiality for legal professionals in Dominica apply.

 The Consultant shall not be involved in a potential conflict of interest, will undertake the Consultancy with the highest professional standards and exercise confidentiality in discharge of the Consultancy.
 The Consultant shall not accept any courtesies/invitations offered from any parties other than the Bank.

 The information accessed by the Consultant for this consultancy shall not be used for works other that this Consultancy and its scope.

All information provided and generated by the Consultancy is property of the Ministry of Health.