Land Policy Advisor (Short Term Consultant)

  Afghanistan Unspecified 374
Date Posted:Jan 30, 2010
Reference:2010 - 008
Closing Date:Feb 12, 2010
Work Type:Unspecified
Number of Vacancies:1
Functional Area:Consulting
Salary Range:As per NTA salary scale policy
Years of Experience:Fresh
Contract Duration:Not specified
Possibility of Contract Extension: Yes
Contract Type:Short Term
Probation Period:Unspecified
Required Languages:

About Sarey:


Job Summary:

1. Background

The Land Lease and Management One Stop Window is a project to be implemented by the Ministry of Agriculture, Irrigation, and livestock of Afghanistan with the financial support of Harakat. The goal of the project is to create a mechanism that will significantly increase the amount of public land that would be made available to the business community for productive investment. Obtaining land to use for commercial purposes remains one of the most significant constraints to economic growth. Potential investors face considerable uncertainty concerning the availability of suitable land, its cost and the time required to secure the land after it is identified. Survey in recent years has consistently shown that access to land and electricity are the two most frequently cited obstacles for investors. The lack of workable mechanisms for making land readily available at market cost significantly discourages existing businesses from undertaking new investment and effectively prohibits new investors from entering the market.

2. Project Objectives

The objective of this project is to establish the Afghanistan Land Authority (ALA), as an autonomous public entity subjected to Government policies. As a statutory body responsible for leasing public land, the ALA will operate as a single reference point or one-stop window for investors seeking to obtain access to land for commercial activities. It will have a mandate to consult closely with the president, the Afghanistan Investment Support Agency (AISA), line ministries and the National Assemble as well as private sector organizations to ensure that land needed for productive investment is made readily available throughout the country. It will coordinate its activities with ministries and donors to ensure that investment in infrastructure, including irrigation facilities, water and power supplies, and roads, contribute to attracting productive investment.

The ALA will have responsibilities to i) Maintain a public land inventory database with detailed information about mapping locations, size, land categories and descriptions, prices and availability of services, ii) Offer a comprehensive land-lease solutions, by delivering a public service in a cost-effective, timely manner that promotes transparency, competition and accountability, iii) Assume management responsibility for making state-owned land available for commercial purposes (including agriculture, industry and services investments). It will supervise the compliance of the lease contracts and will collect the lease revenues and iv) Promote land improvement investments, directly or indirectly.

Phase 1 of the project will take 04 months (mid-Feb – mid-June, 2010) to design the key aspects required for project implementation, including legal aspects, organizational policies and procedures, land inventory standards, land lease procedures, IT protocols etc. At the end of the design, it will be possible for MAIL to start the project implementation, legally establishing the ALA, staff it and start the preparation of its public services.

Duties & Responsibilities:

3. Consultancy Objectives

The Policy Advisor will be participating in the preparation of several policy documents that will ensure a comprehensive policy framework to accommodate the existence of the land lease procedures. He will be involved in the preparation of three new documents: the zoning land policy, the land clearance manual and the land lease policy/manual.

4. Supporting National Team

A team of 14 permanent national staff from the Ministry of Agriculture will be in place to collaborate with the consultant on a full time basis. The team will integrate the future management staff of the entity to be created (1 CEO, 6 Directors, 6 Deputy Directors, 1 Executive Assistant). Each one of the national MAIL staff will be instructed to interface on a daily basis with the consultant’s personnel, supporting in the organization of key meetings with public officers, collection of national documents, participating in brainstorming sessions, reviewing draft documents produced by the consultants, etc. as a result of the daily interaction with the consultant’s experts, it is expected that enough capacity will be built in the national tam to guarantee smooth implementation of the project after the conclusion of phase 1.

5. Deliverables

The Policy Advisor will be fully responsible for the development of the project deliverables 2 and 3 (#2: Land Zoning Policy proposal and #3: Land Lease Policy/Manual). He will be additionally, providing technical inputs for the project deliverable #5 Land Clearance Manual, under the direct responsibility of the Legal Advisor.

To conclude, he/her will be responsible for at least 15 hours of general and technical training to the national staff participating in the project, in order to ensure the fully understanding of the deliverables by the future users.

6. Location

The Legal Expert should be interacting on a daily basis with the national team, sharing office space inside the Ministry of Agriculture (MAIL) compound.

7. Contract Duration

The Legal expert will have 03 months (12 weeks) to present the mentioned deliverables, detailed also in Annex 1. Contract start date will be March 1st , 2010 tentatively.

8. Report and Supervision

The consultant should report and will be supervised by the Team Leader assigned by MAIL. He will receive the deliverables the consultant will produce and approve them after complete satisfaction.

Job Requirement:

9. Qualifications and Experience

The ideal candidate has a master degree in Public Policy and at least 7 years of working experience in land policy issues and also private sector promotion policies. He/her is expected to able to work in challenging post-war environments like Afghanistan. Personal Skills and Abilities of the candidate should include:

• Demonstrated experience in developing and maintaining effective work relationships
• “Self-starter” mentality with strong personal motivation, enthusiasm, perseverance and entrepreneurial spirit.
• Exceptional interpersonal communication, relationship building and networking skills.
• Demonstrated leadership skills and a supportive management style.
• Ability to communicate with persons of various cultures and disciplines.
• Excellent written communication skills.
• Ability to work in a dynamic and responsive environment.
• Ability to work under pressure and respond to multiple tasks.

10. Nationality
The position is opened for national and international experts.

11. Salary
Competitive salary will be offered based on experience and qualification

12. Facilities to be provided by the client
Accommodation and transportation will be provided

Annex 1 (Detail of Deliverables)

Number 2 Land Zoning Policy Proposal

To design a policy framework for land zoning in Afghanistan, establishing objective and measurable criteria to divide land use by zones based on land potential use.

The deliverable will include the following 3 sections or parts:
1. Policy document containing general principles, definition of land categories, and zoning criteria based on engineering, geotechnical, environmental and climate indicators.
2. Power Point Presentation summarizing the key information of the Land Zoning Policy
3. Budget

 Review of existing Land Policy and the Land Management Law
 Brainstorming sessions with the Board members
 International benchmarks

Number 3 Land Lease Manual

To design a unified and unique national procedure to lease governmental lands, able to reduce the current 30 to 45 steps to no more than 10, and reducing at the same time the length of the process from 4-6 months to less than 1 month. The new procedures will remove unnecessary steps and will seek to define steps that will ensure:
• Public information of the land offer;
• Clear understanding of lease procedures, including eligibility criteria for accessing lands, lease conditions, payment conditions, etc.;
• Accurate compilation of information regarding applicants and tenants;
• Leases in accordance with pre-defined land zones;
• A one stop window for applications, decision making, payments and additional support services;
• Objective mechanisms for price fixation based on market prices;
• Objective mechanisms to determine lease duration;
• Easy and transparent payment procedures; and
• Incentives for land invaders to regularize their land tenancy.

The deliverable will include the following 4 sections or parts:
1. Manual detailing procedures for the land lease by steps, starting from the information process up to the payment and contract termination. Each step will be defined in detail, including value added in the step, responsibility, time expectation, requirements, etc.
2. Templates and forms of each one of the steps (when needed), including form application, legal contract template, payment forms, complaint forms, etc.
3. Legal amendments to be done to the Land Management Law in order to accommodate the new procedures (if necessary)
4. Investment budget required in order to implement the Land Lease Manual (if needed)
5. Power Point Presentation to be used during the orientation process of new staff members, summarizing the key information of the Land Lease Manual.

 Review assessment on current land lease procedures
 Interviews with MAIL staff
 International benchmark with foreign land agencies
 Coordination with legal experts when designing the contract

Job Location:

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