CONSULTANCY TO ADDRESS CONFLICT IN CONTRACT FARMING

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The Organization

Oxfam is an international confederation of 19 organizations networked together in 97 countries. As part of a global movement for change, we are working together to end world poverty and injustice. We work with thousands of partners in countries around the world, and employ staff in a wide variety of posts. We work directly with communities and we work with the powerful to enable the most marginalized to improve their lives and livelihoods and have a say in every decisions that affect them.

The Programme

Natural Resources Governance (NRG) Program is one of the key strategic pillar of Oxfam in Cambodia’s Country Strategy. The program coverage thematic area of Land and Natural Resources Governance, Water Governance, Responsible Agriculture Investment, Energy Transition, Climate Resilience and Extractive Industry. NRG is working with different stakeholders ranking from policy makers, private sector, CSOs and communities to create  and establish space and environment for discuss, consult and address issues related to the thematic focus as mentioned. NRG is working with more than 20 local NGOs partners operation at national and provincial level of Cambodia to support the discussion and development of laws and policies framework such as the upcoming draft Contact Farming Law, the Development of Alternative Dispute Resolution Policy that would contribute to address and prevent land and natural resources (Environment) dispute, the upcoming Land Law Revision/amendment and other regulatory framework related to program thematic areas, organized public forums to promoted debate and sharing of information, knowledge and experienced on the key issues.    

Background and purpose of the assignment

The Alliance for Responsible Agriculture Investment in Cambodia is still ongoing toward end of 2025. The Outcome #3 leads implement by Oxfam in Cambodia in partnership with Farmer and Nature Network Association (FNN), starting from September 3023 to June 2025 under support from Mekong Region Land Governance (MRLG). The overall objective of this Alliance is “promote more inclusive Agriculture Investment models based on a good understanding of opportunities and risks for Smallholder Farmers and develop improved regulations for Agriculture Investment in policies and practice”. In 2022, the alliance has produced policy options for considered in order address conflict that occurred under Contract Farming Scheme. 

In 2020 Ministry of Agriculture Forestry and Fisheries (MAFF) has developed new Contract Farming Law with the purpose of attracting investors and promoting public, private partnerships in the sector and as a whole. The law is expected to be summitted for approval in 2024. In this new government mandates, MAFF gas developed new agriculture cooperative (AC) model call “Modern AC” was developed and putting into pilot by MAFF itself.  

In 2022, The Alliance for Responsible Agriculture Investment in Cambodia had commission as external expert to examined the current practices of conflict resolution mechanism that occurred under contract farming scheme with stakeholders that are implementing the schemes such as Provincial Department of Agriculture Forestry and Fisheries (PDAFF), ACs, Company and NGOs. The study has concluded with 6 policy options to be consider for the future development of conflict resolution mechanism that effectively address any disputes under this scheme. Each option was proposed based on nature of contract between parties, variety of crops, involvement stakeholders, amount of contract and so on.

The new contract farming law is still on the go and this time the alliance would like to explore and develop an operational guideline to address conflict in contract farming that are provide fair and justice to all parties involve and align with the alternative dispute resolution models that is developing by Ministry of Justic. Moreover, this guideline will be submit as policy inputs for MAFF in future development of such similar policy paper.

Objectives

The overall objective of this assignment are, based on the previous policy options, develop operational guideline that is implementable, reflect and representing the most implementing contracts under CF scheme, to address conflict under contract farming scheme. The second objective is to look into how conflict have occurred and develop a framework to prevent or mitigate the conflict not to be happened.

This guideline will be test at field by FNN and submit to DAI for learning, reference and considering to upgrade into grievance mechanism for the upcoming contract farming law development.

Sub- objectives of the assignment are;

1. To write implementable guideline to address conflict in contract farming  
2. To develop a conflict framework for conflict prevention or mitigation in contract farming
3. To present the draft guideline of conflict resolution and prevention/mitigation framework to Alliance members and stakeholders in consultation workshops and meeting as required

Scope Of Work & Deliverables

In close coordination and supervision of Oxfam and FNN, the consultant expected to conduct desk review, field data collection and analysis data. The consultant will present the report with concrete recommendation and draft guideline of the conflict resolution to Oxfam, DAI and RAI Alliance members. 

To archive the assignment, the consultant must perform as following steps:

• Development of work plan and elaborate the methodology and planning of the assignment in accordance with the desired objectives as above-mentioned.
• Conduct literature review/desk review of existing documents, cases that are used alternative dispute resolution mechanism to address conflict (Busra, HAGL case…), conflict resolution of cadastral commission of MLMUPC, reviewing the international grievance mechanism of ADB and World Bank and other related to in order to learn about the types/nature and approaches to resolve those conflicts
• Collected data from field by conduct key informant interviews, focus groups discussion and meeting/workshop with stakeholders.
• Develop conflict resolution guideline with different options of procedures for piloting
• Present the draft guideline to Oxfam, RAI Alliance and stakeholders to further collect inputs and verify the result from field work 
• Present final version of the product of guideline to key stakeholders
• Respect the deadlines established in the ToR

Required skills and competencies

Essential

• The consultancy could be an competent individual or group
• Proven strong experienced and knowledge on alternative conflict resolution, grievance mechanism in agriculture value chains or relevant fields  
• Solid knowledge of national and international grievance mechanism practices and guidelines
• In-depth knowledge in agriculture commodities trade, agriculture cooperative, contract farming scheme and so on  
• Experienced of drafting guidelines, policy framework, policy recommendations for major development sector especially agriculture 
• Fluent both Khmer and English writing, facilitation, investigation and presentation skills

Submission requirements

• Qualifications and relevant experience with similar assignments
• Reflections on the Terms of Reference and recommendations on approaches and knowledge products
• Draft work plan showing the suggested timing of carrying out the deliverables
• List of any relevant publications, guidelines
• 2 samples of previous work that show the expertise and experience of the consultancy team; samples must be the original work of the contractor.
• Financial proposal including detailed budgets for professional fees and reimbursable expenses (if any) for all tasks related to this assignment. Please also indicate whether contractual arrangements would be with an individual consultant or representative of a firm. Kindly note that there is a preference to contract with firms. No payments will be made outside the contractually agreed budget.
• Contact details for 2 references

selection of consultant

Interested consultants are asked to take part in the competitive procedure for the above mentioned assignment. Potential consultant are asked to present a technical proposal that describes methodology to address this ToR  and a budget  quotation. Interview and selection committee of Oxfam.  

Organizational Values

• Accountability – Our purpose-driven, results-focused approach means we take responsibility for our actions and hold ourselves accountable. We believe that others should also be held accountable for their actions.
• Empowerment – Our approach means that everyone involved with Oxfam, from our staff and supporters to people living in poverty, should feel they can make change happen.
• Inclusiveness – We are open to everyone and embrace diversity. We believe everyone has a contribution to make, regardless of visible and invisible differences.

Others

• Eager and required to adhere to Oxfam’s principles and values (click here) as well as the promotion of gender justice and women's rights (click here).
• Understanding of and commitment to adhere to equity, diversity, gender, child safety and staff health and wellbeing principles.

How to apply

The applicant is expected to submit:

• Detailed proposal describing the previous work done in this area and afore-mentioned expertise
• A portfolio of previous work of webs
• CVs of the relevant individuals and company profile
• Estimated budget for this assignment accompanied with a cost breakdown, showing days or hours spent (per relevant individuals involved) and the related fees (the consultancy fee should be mentioned in gross fee in US Dollars, which is subject to 15% withholding tax for resident tax-payer or 14% withholding tax for non-resident taxpayer). This fee should be inclusive of ALL considerations.

For any questions, remarks or requests for clarification, please contact Asisah Man, Land Governance and Responsible Investment Specialist, via asisah.man@oxfam.org       

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