15 May 2019

Terms of Reference (TORs) Legal Expert

Job Description

Jamhuuriyadda Federaalka ةيلارديفلا لاموصلا ةيروهمج
Soomaaliya
خويشلا سلجم
Golaha Aqalka Sare BFS
ماعلا نيملأا بتكم
Xafiiska Xoghayaha Guud

Federal Republic of Somalia

The Upper House – Federal Parliament of Somalia

Office of the Secretary-General

____________________________________________________________________________

May 15, 2019

Terms of Reference (TORs) Legal Expert

  1. Description of the post

Consultancy Title: Legal Expert

Supervisor: Secretary- General

Job Category: Individual Consultant

Duty Station: Mogadishu, Somalia

Opening Application Date: May 16, 2019

Closing Application Date : May 30, 2019

  1. Background information of the Joint Programme on Human Rights

The Joint Programme on Human Rights (the Joint Programme) aims to entrench human rights, including the rights of women and children, in national processes, especially the National Development Plan (NDP) and the Comprehensive Approach to Security (CAS), through enhanced capacity and delivery of Somalia’s key ministries, institutions, and mechanisms on human rights protection and accountability, and enable Somali civil society and communities to understand and appreciate human rights-based security and justice institutions, use them, monitor them, and hold them accountable through well-functioning civil society networks. The focus on women as active partners in human rights, security, and protection will enhance Somalia’s delivery on Women Peace and Security commitments under SCR 1325.

The Joint Programme on Human Rights will also focus on the main priorities and commitments under the Universal Periodic Review and the Human Rights Roadmap which have been considered in the NDP. The activities to establish and strengthen institutions that protect and promote human rights as well as the oversight and monitoring enable them deliver effectively in their roles towards the defence of the rights of citizens, particularly women and Children. An enhanced role of these institutions will contribute in strengthening the compliance of human rights and the rule of law in the country, which has suffered as a result of more than two decades conflict. The Joint Programme facilitates a dedicated intervention on major areas that have direct relevance to the conflict,

including the creation of awareness and training for security, justice and legislative institutions and the establishment of the Human Rights Commission and the relevant Committees of Parliament. Interventions to strengthen the civil society organisations will facilitate monitoring and oversight both at the grassroot and national level. Overall, the programme will further the implementation of the national and international human rights commitments which Somalia has pledged to implement.

The support to the Human Rights Committee is an essential component of the Joint Programme on Human Rights under Activity Result 1.2: Federal and State Parliamentary Committees are able to ensure that legislation complies with international and domestic human rights standards and are able to effectively hold the executive to account on its human rights commitments especially for women and children:

  1. Description of the position

UN Joint Programme on Human Rights seeks to hire legal expert to support the Parliamentary Human Rights Committee in building its capacity and assisting them to review and formulate systems and mechanisms to examine bills, legislations, government policies to ensure their compliance or alignment with human rights standards. The expert will provide training and guidance on how to scrutinize and determine whether the country’s bills and laws are compatible with human rights provisions enshrined within the Provisional constitution and the international human rights obligations of the Federal Republic of Somalia.

The expert will assist the Committee to review priority draft bills for Sexual Offence Bill, FGM bill, Penal Code, Citizenship Act and other draft bills requested by the committee and the Upper House. The expert will also help the committee to explore opportunities to improve human rights in the country through legislative oversight on human rights issues. The duration of the post will be 7 months but may be renewed subject to the performance and availability of funds. The position will be reporting to the Upper House and in close coordination with UN and Ministry of Women and Human Rights Development.

  1. Objectives of Assignment:

The overall objective of the assignment is to provide legal advice to the Human Rights Committee and technical support through desk review of the bills, research and preparing and policy advisory papers and facilitate trainings to the committee staff. The expert will ensure that the functions outlined below, and the scope of work is satisfactorily carried out.

Functions/Scope of work will include:

  • Provide legal advice to the Human Rights Committee and the leadership of the Upper House
  • Provide capacity building training and guidance to the Human Rights and other relevant Committees
  • Working with and support the Human Rights Committee throughout the legislative process to ensure effective Committee functions including Committee meetings and public hearings on draft legislations, as well as effective consultations with the Executive and civil society
  • Support the Committee on oversight of matters pertaining to human rights in the country and assist them to set up scrutiny mechanisms including the measures to ascertain constitutionality of proposed legislations and the extent in which these legislations enhance human rights in the country.
  • Support the Committee on Conduct focused research, policy review on the bills and help prepare comparative analysis and reports for the Committee in line with International Human Rights, Sharia and the Constitution
  • Work with the Committee with reviewing and passing priority laws including Sexual Offence Bill, FGM bill, Penal Code and Citizenship Act in line with International Human Rights practices
  • Support the Committee with advice on different legal issues and assist them in drafting legislation, parliamentary resolutions and other legal documents relating to human rights
  • Carry out desk review of the new bills as well as existing laws and recommending any amendments in line with human rights standards.
  • Provide monthly and quarterly reports on all Committee sessions and undertakings.
  • Support the Committee on translation of draft bills, resolutions and other documents as required
  • Participate and co-facilitate trainings and workshops with international experts and UNDP
  • Submit a written monthly report on deliverables including updates on the agenda and programs of the Human Rights Committee
  1. Expected Outputs and Deliverables

Below is the expected deliverables/outputs for the legal experts to the Human Rights Committee for a period of seven months

Deliverables/ Outputs Target Due Dates Deliverables verification
Action plan with detailed timetable on the June – December Document and Report
technical expert assistance to the Human 2019 approved by Secretary
Rights Committee General of the Upper House
Capacity Building training for the Human June – December Document and Report
Rights Committee 2019 approved by Secretary
General of the Upper House
Support given to Committee to review their
roles and responsibilities
Technical assistance given to the Committee
to formulate policies and procedures
(standards, guiding principles, compliance with
the parliamentary procedures, decision
making processes, transparency and
Email: – sg@senate.gov.so , mmjama@gmail.com
Website: – www.senate.gov.so
Mogadishu-Somali
accountability)
Expertise shared with the Committee to set up
scrutiny mechanisms (Committee meetings
and hearings on Human rights, Human rights
compatibility tests for draft and existing laws,
draft legislation review processes, organizing
expert opinion and public consultations)
Desk review and amendment of bills June – December Document and Report
conducted 2019 approved by Secretary
General of the Upper House
Focused legal research, analysis of legislations
conducted, and reports prepared
Committee supported on legal issues and June – December Document and Report
assisted on the review of bills and drafting of 2019 approved by Secretary
parliamentary resolution General of the Upper House
Support the Committee on translation of
documents in both languages English/Somali
as required
Committee staff trained to undertake June – December Document and Report
research, policy reviews and preparing briefing 2019 approved by Secretary
papers on Human rights General of the Upper House
Legal opinion given to the Committee on June – December Document and Report
matters pertaining to Human rights and 2019 approved by Secretary
reports prepared General of the Upper House
Committee supported on consultations with June – December Document and Report
relevant stakeholders on draft bills and report 2019 approved by Secretary
prepared General of the Upper House
Prepare final report at end of consultancy December 2019 Document and Report
assignment approved by Secretary
General of the Upper House

 

  1. Reports to be provided:
  • Monthly narrative report for completed activities and deliverables with documents developed, training and workshop reports.
  • Final report.
  1. Institutional Arrangement

The legal expert shall work under the direct supervision of Secretary-General of the Upper House. Achievement of deliverables will be approved by the Secretary General of the Upper House. Payment will be made upon certification of the Secretary General of time sheets for actual dates of work and expert performance in accordance with activities and deliverables as reported in the activity report.

  1. Duration of the Work

The contract is for 7 months from June – December 2019

  1. Duty Station

Duty station of the legal expert will be at the Upper House premises in Mogadishu.

  1. Qualifications and Experience.
  • University degree in Law (LL. B), Master’s degree in Law (LL.M.) with at least five years of experience, preferably with legislative bodies and very good understanding of functions and procedures of legislatures.
  • Experience in legislative reviews and drafting legislations.
  • Familiarity with laws of Somalia and its Provisional Constitutions.
  • Knowledge and experience on Human rights laws
  • Experience in post-conflict settings highly preferred.
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
  • Proficiency in Somali and fluent in writing and spoken English

Core competencies

  • Strong knowledge of the field of expertise with good analytical skills and ability to solve problems
  • Ability to plan work and manage conflicting priorities
  • Have good communication skills, including the ability to liaise with technical staff and present information
  • Good interpersonal skills and ability to establish and maintain effective partnership and working relationships with relevant government institutions

Gender mainstreaming

The Upper House is an equal opportunity employer. Qualified women are strongly encouraged to apply.

Other information

The legal expert will need to bring her/his own laptop.

How to apply

Interested candidates should submit their CV along with their application letter via e-mail to hr@senate.gov.so / sg@senate.gov.so copying abdullahi.ibrahim.ali@undp.org not later than 30/05/2019

Only short-listed candidates will be contacted for an interview

 


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