7 Nov 2018

Terms of Reference for Senior Legal Drafter

Job Description

DOWLAD GOBOLEEDKA JUBALAND

EE SOOMAALIYA

WasaaraddaGarsoorka, Cadaaladda

&ArrimahaDiinta

دولة إقليم جوبالاند الصومالية

وزارة العدل والدستور

والشؤون الدينية

JUBALAND STATE OF SOMALIA

Ministry of Judiciary Justice & Religious Affairs

Terms of Reference for Senior Legal Drafter

General Information

Title: Senior Legal Drafter
Duration of the assignment: 3 Months (With possibility of Extension subject to performance and funding)
Department: Legal Drafting Unit
Duty Station: Kismayo
Supervisor:     Under the supervision of the Director General or the Minister
Date of Issue:             8 November 2018
Closing Date: 22 November 2018

Background Information

With the establishment of the Jubaland State in 2013, there has been a rise in institutional building with the coming up of 19 Ministries. Among the key Ministries in Jubaland is the Ministry of Judiciary, Justice and Religious Affairs.

The Ministry of Judiciary Justice& Religious Affairs is to ensure that Jubaland as a State upholds the rule of law, good governance take charge of the legal due process for all citizens and residents. Ministry of Judiciary Justice& Religious Affairs is tasked to provide services to all the offices of State Government on legal, judicial and constitutional matters and to defend the constitutional and judicial order in Jubaland State of Somalia.

The Ministry is to provide legal advice and legal services to the Government, its institutions and to the general public and to support the mechanism that provides the legal framework for good governance. The Ministry has a long – term mission to promote and facilitate efficient and effective machinery capable of providing laws for good governance and delivery of services and legal advice to all bodies related to Government and the public.

As the institutions of Jubaland grew in number over the time, the need for legislations and policies for specific institutions increased, thus the need for a central legal drafting unit for the Jubaland state institutions, is important, in order to standardize all state laws and policies. Therefore, the Ministry of Justice is mandated to set up a legal drafting unit to oversee all this state legislation formation processes for uniformity.

The legal drafting unit is responsible for the overall management of issues relating to laws for the Ministry of Justice and state institutions and also provides a comprehensive legal advice to all Ministries in Jubaland.

Purpose of the position

The senior legal drafting unit is responsible for the overall management of issues relating to laws for the Ministry of Justice and state institutions and also provides a comprehensive legal advice to all Ministries in Jubaland.

The Specific Objectives are:

  1. To draft laws for the Ministry of Justice of the Jubaland and state institutions as per the need, and in conformity with the constitution and the Islamic principles.
  2. To review and revise as appropriate the existing laws and advice accordingly;
  3. To recommend laws required by the Ministries and the state institutions.

Duties and Responsibilities

The Legal drafter will:

  1. Drafting and formulation of all the legislations and policies required by the state in consultation with all the stakeholders concerned.
  2. Conduct research and study of the existing laws to and come up with the legal updates required.
  3. Come up the legal requirements of the state research plan with all its requirement and share with the relevant stakeholders.
  4. Collecting and archiving all legislations and policies of Jubaland State and federal government of Somalia.
  5. Developing and updating of a website to be uploaded for all legislations to facilitate public accessibility of the Laws
  6. Review all legislations developed by Jubaland institutions to ensure conformity with the legal aspect, in line with the constitution and the Islamic principles.
  7. Lead Justice and Corrections Models and coordinate all activities with stakeholders at federal, member state, UN partners and donors or any other stakeholders.
  8. Assign workload to Junior Legal Drafters and Interns drafting or working on laws and policies and oversee their work to ensure quality outcome in agreed time.
  9. Develop and review important polices of the State as required.
  10. Develop and come up with yearly work plans of legal formations for the Ministry and update in line with state master plan.

Other requirements

Besides the specific outputs mentioned the following steps/actions are required to be undertaken throughout the assignment. These are standard requirements for all assignments undertaken through this project:

  1. Transfer of skills: One of the main responsibilities of the Legal Drafter(s), and one which he/she will be measured against, will be to ensure continuous and systematic transfer of knowledge and skills as related to the assignment.
  2. Workplan: A work plan will have to be developed with the Supervisor during the first week of assignment, which will provide clear and time bound activities to successfully implement the outputs of the assignment. This workplan will be shared with the UN Implementing Partner(s). This workplan can be revised during the mid-term review to reflect new developments or changes in strategy.
  3. Mid-Term Review: There will be a mid-term review of the assignment between the incumbent and the beneficiary institution to discuss progress of the assignment and feedback on performance.
  4. Interim and Final Reports: A progress report will be submitted by the incumbent to the Supervisor and to the funding UN partner. Thereafter, a final report will be provided at the end of assignment.
  5. Strong communication and drafting skills;
  6. Experience in researching and analyzing legal documents as well as security, political and social issues in Somalia is an asset;
  7. Ability to work under tight schedules, stressful environment and multi‐cultural context;
  8. Highly motivated with a positive attitude and pro‐active problem‐solving approach;
  9. Proficiency in the use of computer with common software and internet; good knowledge of Microsoft Office Applications;
  10. Willingness and ability to work closely with governments, international institutions/agencies and communities;
  11. Knowledge of procedures, reporting requirements and ethical practices of the Ministry and UNDP;
  12. Demonstrated drive for continuous improvement and incorporation of lessons learned and best practices into business process routines;
  13. Demonstration of professional behavior and personal ethics, transparency and openness to encourage respect and similar behavior from colleagues in the workplace;

Required Skills and Experience

The candidate should have the following qualifications and experience:

  1. Must have a law degree in legal drafting, especially International law and sharia Law or related field;
  2. The candidate must possess a master’s Degree in law;
  3. At least ten (10) years relevant experience in providing legal services at least five (5) of which should be in the area of legal drafting;
  4. Familiarity with, as well as experience concerning, the instruments of Research and should be well versant with the local political context;

Language required:

  1. Fluency in English, Arabic and the Somali language is essential. Excellent communication and presentation skills.

How to apply:

To apply for this position, please submit the following relevant documents:

  1. CV along with application letter and;
  2. Verified Copies of academic Certificates or transcripts;
  3. In your application letter, please indicate if you have particular expertise or experience related to the tasks above, as well as if you are available for three (3) Months assignments.

Interested candidates should submit their CV along with their application letter via e-mail mojjubbaland@gmail.com  copying mojcra@jubalandstate.so and abdikadir.a.noor@undp.org not latter that 22 November 2018 4:30PM in Somalia time.


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