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Legal and Policy Reform (By-laws) – Mogadishu, Somalia

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  • Contract/Consultancy
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  • Post date:16 Jun 2020
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Job Description

Federal Republic of Somalia

Benadir Regional Administration Mogadishu Local Government

JAMHUURIYADDA FEDERAALKA SOOMAALIYA
MAAMULKA GOBOLKA BANAADIR
DAWLADDA HOOSE EE MUQDISHO
I. General Information
Title of Consultancy: Legal and Policy Reform (By-laws)
Type of Contract: Consulting Firm
Duration of the assignment: 6 Months
Duty station: Mogadishu
Supervisor:
II. Organizational Context

The Municipality of Mogadishu (MoM) is the governing authority of the Somalia capital Mogadishu. It has the mandate of social service provision mainly in primary education, health, clean drinking water, affordable energy, sanitation and environmental protection. MoM is also responsible for transport infrastructure rebuilding including roads and bridges for better transportation and boosting economic growth. Mogadishu Municipality collects revenues through taxation in all the seventeen districts in Mogadishu and invests in development projects.

One of the duties of local councils is to develop by-laws which guide the council in its day to day operations including but not limited to service delivery, conduct of meetings, council meetings quorum, form of debates, election of mayors, selection of council sub-committees, procedures for proposition of motions against mayors (such as impeaching mayors and vice mayors).

District by-laws are special laws that apply within the district administrative boundary only. They assist in the smooth running of district councils / municipalities and ensure continuity of operations even during periods of staff turnover. The by-laws should not only be concerned with council meetings and procedures but also governing service provision (such as protecting, promoting, and maintaining public health and safety, prevention of the potential for offensive behavior in public places), city governance, recreation, traffic regulation, animal keeping, street vending, public spaces, waste management and minimization and water supply management.

MoM has developed some by-laws but the municipal legal department lacks the capacity to undertake a comprehensive review of existing legal frameworks, policies, strategies, guidelines and regulations for the 17 districts and overall local governance and decentralization reform in Mogadishu. MoM has therefore decided to build the capacity of the districts by hiring a legal firm to prepare harmonized bylaws and attendant frameworks, policies, strategies, guidelines and regulations and thereafter training the councils on them.

The legal firm will be supervised by the Mayor of Mogadishu and the Mogadishu Senior Legal Advisor. The consultancy is for a limited period of six months.

The legal firm should be conversant with the provisional Constitution of the Federal Government of Somalia and other legislations governing MoM and ensure that the recommendations and developed / updated products do not conflict with the laws and regulations of the Government.

  1. Objectives of the assignment
  1. Review the existing by-laws, legal frameworks, policies, strategies, guidelines and regulations and identify gaps.
  2. Come up with harmonized formats for district by-laws legal frameworks, policies, strategies, guidelines and regulations
  3. Conduct and facilitate consultative workshops for district by-laws legal frameworks, policies, strategies, guidelines and regulations
  4. Conduct training on the developed products to MoM and districts staff.

III. Duties and Responsibilities

  1. Identify the challenges and existing gaps in developing and implementing by-laws and attendant legislation
  • Conduct a desk review of the bylaws and frameworks of the municipality
  • Identify gaps in the by-laws and frameworks and provide recommendations for enhancement, development of new ones and those that need discarding due obsolescence
  • Organize consultative workshops for stakeholders and beneficiaries of by-laws and frameworks
  • Provide support and advice to MoM and districts to define the concept and nature of by-laws.
  1. Facilitate the development of harmonized by-laws / frameworks for MoM and the districts
  • Develop harmonized formats for by-laws / frameworks
  • Present the harmonized formats / frameworks to MoM, the districts and other stakeholders with key conclusions and recommendations.
  • Collect and document inputs from stakeholders for incorporation into the final by-laws / frameworks
  1. Develop a manual or framework to be used to train MoM and the districts on how to develop local council by-laws
  • Develop a manual or framework to be used for training on development of by-laws including but not limited to the members of a district council required to introduce a by-law, process of public consultations on by-laws, percentage of votes required to pass by-laws
  • Present the manual / frameworks to MoM, the districts and other stakeholders with key conclusions and recommendations.
  • Collect and document inputs from stakeholders for incorporation into the final manual / framework
  1. Produce and present the final by-laws / frameworks and final training manual / framework
  • Finalize the by-laws / frameworks and final training manual / framework including comments and inputs from the stakeholders
  • Conduct a validation workshop with key stakeholders on the final documents including key conclusions and operationalizing recommendations.
  • Presentation of the validated by-laws / frameworks and final training manual / framework
  • Train MoM, the districts and stakeholders on the developed products and their roles and responsibilities.

IV: Deliverables

The legal firm will deliver the following results during the contract period:

  1. Inception report that responds to the ToR and includes a workplan and methodology for the assignment.
  2. Assessment report on the current status of by-laws / frameworks including recommendations on those to be updated, those to be developed and those to be discarded.
  3. Presentation of the draft by-laws / frameworks and draft training manual / framework
  4. Presentation of the final and validated by-laws / frameworks and final training manual / framework. The final documents should be in both Somali and English.
  5. Train MoM, the districts and other stakeholders on their by-laws / frameworks development functions (roles and responsibilities).

V: Qualifications and Competencies

Level of Education of the firm’s experts

Master’s degree in law, Public Policy, International Relations, Public Administration, Political Science or related discipline with 5 years of relevant experience in development of by-laws / frameworks and training.

Competencies/skills of the firm’s experts

  • At least 5 years of relevant experience in developing policy or legal drafts, by laws and similar documents
  • Demonstrated understanding of the laws of Somalia and knowledge of the political and development context of the country;
  • Good understanding and proven record of analytical work on public service reform and policy, government planning and budgeting processes (e.g., public expenditure management, government accounting system, among others), participatory local governance, community participation, and capacity building;
  • Experience in working with State Governments within the current context of Somalia would be an advantage;
  • Excellent personal, communication and report writing skills
  • Ability to operate as part of a team, but also independently;
  • Ability to identify innovative approaches to problems in a challenging environment;
  • Computer proficiency with high level of familiarity with commonly used packages like MS office;
  • Ability to work under pressure

Qualifications of the Firm

The selected contractor must: –

  • Be a legally registered organization with the ability to work in Somalia and have the requisite registration documents.
  • Have a minimum of five (5) years relevant experience in provision of similar services to government and affiliates in fragile / conflict states. Work experience and understanding of the context in Somalia is required.
  • Have the ability to concurrently conduct multiple assignments and to demonstrate stand-by capacity to enable satisfactory completion of requested fieldwork within requested timeframes.
  • Have well-established networks to facilitate timely delivery of work. The contractor should be able to engage experienced team members for the assignment.
  • Have technically and managerially sound composition of staff to perform the activities.
  • Have a gender balanced team

HOW TO APPLY:

Submit your letter of interest, company profile and CVs of relevant legal experts to procurementofficebra@gmail.com copying Momjplgoffice@gmail.com and abdullahi.ali@undp.org not later than 30th June, 2020 at 5:00pm indicating “MoM Legal and Policy reform” in the subject line.

Applications addressed to only one of the above email addresses will be disqualified.

Only email applications will be accepted.

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