Research Consultant – Indigenous Conflict Resolution in Mindanao

The Philippines is characterized by a plural legal system with diverse and intersecting justice providers implementing divergent legal traditions. The Constitution recognizes the rights of Indigenous Peoples (IPs) with the 1997 Indigenous Peoples’ Rights Act (IPRA) recognizing the primacy of their customary laws pertaining to land rights and practices specifically in resolving conflicts. The Indigenous Peoples observe the customary laws that lay the foundation for justice, unity, and peace within their tribes. 

Indigenous Knowledge Systems and Practices (IKSPs) have been developed over centuries and are passed orally from generation to generation. They serve as an important catalyst to sustainable development due to their direct connection to resource management and conservation. However, many of these IKSP are being lost due to assimilation and youth flight. It is important to articulate and document the rules, procedures, and effects of Indigenous justice and conflict resolution to better understand how these systems can provide access to justice and conflict resolution in a context of ongoing exclusion and marginalization of Indigenous communities in Bangsamoro and the Philippines more broadly, especially in relation to contestation of land and natural resources.  

The International Development Law Organization (IDLO) in conjunction with the German Development Cooperation (GIZ), propose to conduct a research project to document the dispute resolution rules and procedures of the Bagobo Tagabawa living in their ancestral land in the provinces of Cotabato and Davao del Sur.  

Scope of work

Working under the supervision of the Program Manager, the Research Consultant will: 

1. Develop the capacities of the Lumads, especially the potential young Indigenous Peoples, to document their own customary laws and practices and enable them to participate in the conduct of such research.   

2. Develop a draft report articulating and documenting the rules, procedures, and effects of justice and conflict resolution practices of the Bagobo Tagabawa, including specific sections on how those practices relate and are applied to the law of land tenure and natural resources, constitutional law, human rights law as well as the law and practices of dispute resolution in general operating in the context of the Bangsamoro peace settlement; how they interface with other pathways to justice, including but not limited to the formal justice system and KP; and how they are relevant to land conflict and contestation of natural resources, among other elements to be determined in conjunction with key stakeholders. 

3. Finalize the report, integrating substantive changes proposed by IDLO and GIZ personnel in-country and at headquarters, and by NCIP and local Bagobo Tagabawa stakeholders, and exercising overall editorial authority to produce a working document that is succinct, coherent, accessible, and policy-relevant. 

Methodology 

Formalized informed consent shall be secured prior to the documentation and collection of data. The proposed project will produce research insights generated via mixed methods, including a review of existing documentation of Bagobo Tagabawa practices; key informant interviews (KIIs) in Bagobo Tagabawa communities; consultation with selected external experts, including from the NCIP; and focus group discussions as a form of data validation by Bagobo Tagabawa stakeholders at the completion of data collection. IDLO and GIZ, in close collaboration with NCIP and local Bagobo Tagabawa stakeholders, will support the Research Consultant in conducting this project.  

The following main tasks will be executed by the researcher under the direct supervision of the Program Manager: 

• Develop teaching materials to develop the capacities of   selected Indigenous Peoples as community-based researchers 

• Organize and facilitate capacity building activities for IP community-based researchers involved in the conduct of the study 

• Produce a research plan outlining detailed research methodology and workplan indicating clear milestones and timelines 

• Conduct desk review and implement data collection through KIIs and focus group discussions with IP representatives, traditional knowledge-keepers, representatives of women and youth in the community, local government, NCIP and other experts, and other key informants 

• Develop and submit a draft report for review by IDLO, GIZ, and NCIP, and validation by local stakeholders 

• Develop and circulate to stakeholders a revised draft integrating substantive changes  

• Prepare and submit a final draft for approval by IDLO, GIZ, NCIP, and local stakeholders 

Education 

• Bachelor’s degree in a relevant field of study (anthropology, development studies, human rights, law, management, political science, public administration) or other relevant field from a recognized university is required.  

Work Experience 

• Minimum 3 years’ relevant professional experience working on issues of access to justice, conflict resolution, governance, or land rights with IP communities in Mindanao and the Bagobo Tagabawa communities specifically 

• Experience conducting research and writing for diverse stakeholders strongly preferred.  

Specific Knowledge and Competencies 

• Demonstrated broad and substantive knowledge of IP and IPS challenges in Mindanao and the IKSPs of Mindanao IPs, with specific substantive knowledge of Bagobo Tagabawa IPS and IKSPs strongly preferred 

• Strong research skills, both qualitative and quantitative, and the ability to write in technical English with rigorous attention to detail 

• Strong expertise in capacity building for skills transfer of basic research skills Proven ability to see through tasks set and deliver results 

• Proven ability to work under pressure with tight deadlines and under limited supervision  

• Excellent interpersonal skills and experience working in a diverse, multi-cultural professional environment 

• Established networks and contacts related to access to justice, conflict resolution, governance, and / or land rights issues as these pertain to IP and IPS stakeholders in Mindanao, and to the Bagobo Tagabawa communities specifically 

• Availability and willingness to travel, if necessary 

Language  

• Fluency in written and spoken English, and in spoken Tagabawa, is essential; ability to read and conduct interviews in Tagalog and other languages relevant to the research is strongly preferred