Terms of Reference
Regional Study: Regulatory Barriers to the provision of immediate
and transitional shelter after disasters
Summary
The IFRC is seeking a consultant to conduct a desk-based regional study of the regulatory barriers to
the provision of emergency and transitional shelter. The study will examine a maximum of 6 disasterprone countries in the Americas. The duration of the consultancy will be 6 weeks – to be concluded
no later than 31 December 2012.
1. Background
Since 2005, when the IFRC agreed to become the convenor of the Global Shelter Cluster and decided
to significantly scale up its capacity in shelter, it has become increasingly aware of the substantial
impact of regulatory barriers in this field and the importance of “housing land and property rights”
issues. In 2010, motivated in part by the experience of the Haiti earthquake and the challenges faced
in the provision of temporary shelters, the IFRC’s Shelter Department and IDRL Programme (now
known as the “Disaster Law Programme”) cooperated to commission a dedicated study on the nature
and impact of regulatory problems on emergency and transitional shelter, including a desk review,
stakeholder interviews and a small workshop of Shelter Cluster members (see related documents at
http://www.ifrc.org/en/what-we-do/idrl/about-disaster-law/regulatory-barriers-to-emergency-andinterim-shelter-solutions/).
This research revealed that regulatory problems have become a significant obstacle to providing
shelter quickly and fairly in the aftermath of a disaster. Critical dilemmas include: unclear or ill-suited
procedures for temporarily requisitioning and assigning property for temporary housing; ambiguities
and disputes as to property ownership rights; equity problems with regard to assistance provided to
property owners and non-owners (e.g. tenants and squatters) and to men and women; and complex and
expensive dispute resolution procedures ill-suited to handling large post-disaster caseloads, among
others. In a number of major disasters, these and related problems have dramatically slowed progress
toward getting displaced persons into shelter, increasing their risks and leaving them vulnerable to
health and security hazards.
A report highlighting these problems, as well as the many creative and practical steps that
governments and humanitarian and development organizations have taken to try to overcome them
was prepared for the consideration of the 31st International Conference of the Red Cross and Red
Crescent (which gathers the state parties to the Geneva Conventions and the components of the Red
Cross and Red Crescent Movement as well as many humanitarian observers), held in Geneva in
November 2011.
In its Resolution 7 on strengthening normative frameworks for disaster management, the 31st
International Conference affirmed the importance of finding practical solutions (both formal and
informal) for resolving these regulatory barriers, called on all involved to ensure equitable shelter
assistance, and encouraged states, with support from their National Societies, the IFRC and other
relevant partners to review existing laws and procedures relevant to post disaster shelter. It also called
generally on the IFRC to continue its disaster law research and development of tools.
2. Specific activities
In order to deepen the understanding of the regulatory frameworks for emergency and transitional
shelter, it is proposed to conduct research in selected countries in the Americas that are prone to
natural disasters. The regional desk study will examine a maximum of 6 disaster-prone countries in
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order to achieve a meaningful depth for the study within the given amount of time and available
resources. The information will be gathered through the Internet and with the help of IFRC country
delegations and National Societies when available rather than through travel of the consultant.
The regional desk study will map the existing laws, regulations and procedures relevant to the timely
provision of emergency and transitional shelter assistance to persons affected by disasters and to
identify any evident strengths, gaps and weaknesses. It will also identify, where possible, any existing
procedures, processes and/or solutions to overcoming regulatory barriers, even if those identified may
require further development, may not be fully endorsed, or may not be easily replicable. In particular,
research will be directed towards:
 Problems related to gaps in documented evidence of property rights, including:
- Access to shelter assistance by population living in urban slums
- Access to shelter assistance by renters and squatters
- Effective post-disaster dispute resolution systems
- Methods for overcoming inequities between documented owners and others
 Procedures for temporarily requisitioning land
 Details of parcel boundaries and public spaces
 Appropriateness of land use, building and environmental regulations
 Methods for overcoming corruption
 Procedures to facilitate international shelter assistance
 Existence of parallel legal systems and differing laws/regulations in urban and rural
contexts
 Eviction laws and procedures
3. Outputs:
The main output of the assignment will be a written report in English, not exceeding 50 pages,
including an executive summary. The report will include full references to relevant laws and
regulations (as annexes).
4. Location and duration of the study
The consultant engaged for the study will undertake the research in its home country. It is expected
that the study should take no longer than six weeks.
5. Role of the Consultant
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To undertake the desktop study for the project of the selected countries (to be confirmed by
the IFRC before commencement of consultancy);
To regularly report to the Disaster Law Americas Coordinator and maintain email/telephone
contact as required.
To complete the research and the redaction of the report within the specific time constraints.
6. Role of IFRC
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To provide the necessary briefing on the project to the selected consultant;
To provide timely consolidated feedback to the consultant and share the outcome of the study
with the Disaster Law global team and Shelter Department.
7. Study management
The study will be implemented by the consultant for the duration of the contract. The consultant will
officially report to the Disaster Law Americas Coordinator.
8. Tentative schedule for implementation
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Selection of a consultant by 14th November 2012
Implementation shall commence immediately upon contracting of the consultancy and no later
than 19th November 2012.
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