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Partnership with Vasundhara

Background: 

Orissa Tribal Empowerment & Livelihoods Programme is being implemented in seven predominantly tribal districts of Orissa. Facilitating and strengthening participatory processes is a fundamental requirement of the programme. OTELP is seeking support from resource organizations to build the capacities of the programme partners/ teams on building the participatory process in the programme. VASUNDHARA, a local support organization involved in capacity building in forestry and legal empowerment aspects and also in strengthening participatory processes in several natural resource based livelihoods projects has necessary expertise and capacities to offer this support. To crystallize the partnership between OTELP and VASUNDHARA, this MOU is being entered into by both the organizations.

1. Parties involved:
(i) Orissa Tribal Empowerment and Livelihoods Programme
(ii) VASUNDHARA

2. Purpose of Agreement
To support the Policy Initiatives agenda of OTELP by facilitating operationalisation of these initiatives to address tribal empowerment and livelihood issues. The specific focus will be on integrating land rights and tribal empowerment issues in the overall operational framework of the Programme.

3. Areas of Support to the Programme:
Vasundhara shall provide facilitative inputs, specifically focusing on capacity building, and institutional arrangements in the following areas:
Land and Forest Rights:
Land alienation and Restoration
Ownership rights to Hill slopes (< 300)
Transparency and Access to Land Records
Tenancy Reform
Access to Common Property Resources
Panchayats (Extension to Scheduled Areas) Act, 1996
Regularisation of Habitations in Forest Areas
Rights of the tribal communities vis-à-vis forest areas
Access and Support for Legal Assistance for land claims.
Other Empowerment Issues:
Implementation of Orissa Moneylenders Act
Implementation of Bonded Labour System (Abolition) Act
Access of tribals to other government schemes and programmes.
Legal Assistance for the above.

4. Proposed Activities:
Land and Forest Rights:

Facilitating/ supporting policy studies on land rights/ land alienation and related issues and recommending go for improvement in legal and policy environment.
Facilitating the support to District Level Team/PIAs/WDTs to assist the tribals to pursue land restoration claims by identifying the genuine cases in the programme areas and facilitating legal assistance and creation of legal resources to support these claims in the concerned courts.
Supporting PIAs/WDTs/WAs to act as mobile squads for detection of land alienation cases and facilitating enforcement of land restoration.
Facilitating implementation of the survey and settlement process and issue of dongar pattas for hill slopes < 300 in all programme villages
Facilitate and provide support for developing suitable package for computerisation of land records and publicity by giving necessary inputs and support to officials of Revenue Department.
Other Empowerment Process:
 
Facilitating the implementation of PESA Act, process of Regularisation of habitations in Forest Areas, NTFP collection and marketing, Joint Forest Management Resolution and other areas of rights of the tribal communities over forest resources.
Facilitating the assertion of the rights of the tribal communities as regards operation of all welfare schemes relating to nutrition in the programme villages such as TPDS, mid-day meal scheme, Food for Work, Annapurna, Old Age Pensions and Antyodaya etc.
Supporting studies on key policy issues including the extent of land alienation, indebtedness, food security, tenancy issues, NTFP marketing, displacement of tribals etc. and preparing reports recommending the GoO for improvement in the legal and policy environments of tribals as appropriate
Facilitating quarterly process monitoring and process documentation

5. Expected Outputs:

An operational manual for land and natural resources rights assessment and planning that will become a planning and implementation tool for the Project.
Field-based and practical training modules for capacity building of different actors involved in the Project to facilitate addressing tribal empowerment and rights issues. This will include modules for training PIAs, Project staff, Revenue and Forest Department personnel. These modules will be developed through interaction with the village communities, project officials of OTELP and the personnel of the facilitating NGOs
Capacity building of District Level Team/PIAs/WDTs to address land and forest rights of tribals and other empowerment issues.
Quarterly Process Monitoring Reports including details of cases handled and issue based process documentation reports.
Institutional mechanisms for legal assistance as part of the Project.
Reports recommending the GoO for improvements in the protective legal framework by taking into account the practical field situation.

6. Time Frame:
The agreement is initially for two years with effect from 16.08.2005 extendable after a review by the end of the second year. Either party can terminate the agreement by giving a notice of three months.

7. Role and Responsibilities of both parties
a) First Party
i. Specifying district wise and project level anchor persons for liaison with VASUNDHARA and provide all necessary information, supports and cooperation to carry out the above mentioned activities
ii. Facilitating the field level interactions and process development
iii. Directing district level staff, PIAs and WDTs to execute plan of action mutually prepared to address issues relating to tribal empowerment and provide Vasundhara the required information for effective monitoring of the progress and process documentation.
 
b) Second Party
i. Identifying a resource person to function as Principal consultant and visit the programme area/state level unit of the First Party once in every two months during this contract period.
ii. Carrying out 10 days field level interactions every month by two Resource persons from VASUNDHARA
iii. Taking up activities as mentioned under point 4 and delivering outputs as at Point 5.
iv. Any specific factual information gathered in the process of implementation of this agreement can be used in other forums/ papers/ reports/ advocacy measures by the second party, only with the prior written permission of the first party.

8. Budget and Fund releases:
 A sum of Rs. 1368000/- for two years, payable in half-yearly installments commencing in the month of November, 2005, towards the following

a

Travel, board & lodge

 

   i.

Principal Consultant - @Rs. 9000/visit x 6 visits/year x 2 years

 =9000*6*2 108000

  ii.

Other consultants/Resource Persons, field visit of 10 days in a month, @Rs.12000/month x 24 months)

 =12000*24 288000

b

Consultancy for time/ resources deployed

Approx. 25 person days per month (@ Rs. 25*1500 per day - Rs. 37500 per month)

 =37500*24 900000

c

Support for secretarial assistance, stationery,  computer time, overheads etc. - @Rs.3000/month x 24 months

 =3000*24 72000

 

Total

 =SUM(ABOVE) 1368000

The Second Party has to submit a utilization certificate against the funds received. At the end of each financial year, the Second Party would submit an audited statement of expenditure for the funds received during the year.
 
9. Monitoring and Review:
 A Core Group consisting of Subject Matter Specialists and experts drawn from concerned line departments of GoO will review the module. The first party could monitor and review the progress and performance of Second Party, specific to funds and expected outputs.

10. Ownership:
OTELP will hold the ownership rights of the module and material development under this agreement.

11. Dispute Resolution Mechanism:

 All conflicts should preferably and amicably resolve with the parties. In case of unresolved conflicts, the Commissioner cum Secretary, STSCDD, GoO and the Chairperson, OTELP can facilitate the resolution of any conflicts between any of the parties in the agreement. The decision in such meeting is binding on all parties.

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