Constitutional Expert, Hiiran/Middle Shabelle State Formation Process - MOIFA
Jawhar | Mogadishu
TERMS OF REFERENCE
Job Title: Constitutional Expert Reporting to: Conference Facilitation Team (CFT)/MOIFA
Bases: Jowhar, Middle Shabelle Contract Duration: 2 weeks Travel: N/A
In the spirit of the Provisional Constitution, the top leadership of the Federal Government of Somalia (FGS) has shown overwhelming commitment to establish interim federal states within very strict timelines that run up to December 2014. With this renewed impetus to achieve this priority goal, the Federal Government of Somalia has already staged consultative processes to bring together all actors and players in the regions, which have demonstrated interest to merge to form interim federal state administration. The FGS has brokered a number of agreements particularly in the Southwest and Central Regions. This is the third preliminary step in the initiative the government is taking to approach the state building and state formation exercise. A number of other steps, including broad-based reconciliations, consultations, dialogues and negotiations, are anticipated to eventually culminate in the formation of interim federal state administrations. In the midst of the process, work continues on drafting provisional charters (or constitution), formulation of protocols and procedures of the consultative conferences and development of a road map that would provide details on forming federal member states. The Minister has officially nominated an eighteen-member team under the leadership and they are tasked to move forward on a set of priority tasks to establish interim state administrations
In August 2015, the Federal Government of Somalia (FGS) brokered an agreement to form “An Inclusive Interim Administration for Hiiran and Middle Shabelle Regions of Somalia”. The agreement is significant milestone which is paving the way for the Federation of Somalia as well as initiating reconciliation and healing processes among communities. In line with this, the FGS is requesting urgent facilitation support for designing and delivering reconciliation/Interim Hiiran and Middle Shabelle administration conference. UNSOM and UNDP support will be inclusive of providing Constituitonal expert for State building Conferences for Interim Administration formation.
The Constitutional Expert will write the first draft of the Hiiran and Middle Shabelle Regions interim state constitution, in cooperation with other political / Legal Experts to support the process. The draft must be of high legal standards, compatible with Somalia’s national and international commitments, take the local context of Hiiran and Middle Shabelle Regions into account, and enable the establishment of Hiiran and Middle Shabelle Regions state upholding the principles of inclusivity, fairness, and rule of law.
The first draft will be presented to and reviewed by the Hiiran and Middle Shabelle Regions administration formation process team and its constitutional sub-committee, and the experts may be requested to make changes to the first draft accordingly.
In addition, the Constitutional Expert, together will work to build the capacity of the conference facilitation team and its constitutional sub-committee e.g. through a training on constitutional processes.
- A one-day (may be more) training for the Conference facilitation team
o state constitutions and best practices in constitution drafting and vetting processes
o Somalia’s international legal commitments
Writing the first draft of the state constitution for Hiiran and Middle Shabelle Regions
Literature review on past and existing Somali federal state constitutions, federal state constitutions of other countries, the Federal Constitution of Somalia and other Somali and international legal documents (treaties, conventions, agreement etc.), that may have an impact on the Hiiran and Middle Shabelle Regions state constitution;
Writing the first draft of the Hiiran and Middle Shabelle Regions federal state constitution, ensuring exclusivity, accountability, and taking local context of the Hiiran and Middle Shabelle Regions of Somalia into account;
Vetting the draft at all stages against the Federal Constitution and other relevant legal documents (treaties, conventions, agreement etc.), and ensure there is no conflict or contradiction with the Federal Constitution or any international legal commitments of Somalia;
Working together with the conference facilitation team, sub-committee and incorporate the comments of the sub-committee to the draft before presenting the ready first draft to the whole team;
Presenting the ready first draft to the conference facilitation team and updating them on the drafting process and possible contested points and other challenges
Successful candidate must
be of Somali origin;
have a legal degree from a university;
have minimum 4 years of legal expertise in constitutional law;
be known as a person of integrity and be respected in his/her community;
be of sound physical and mental health
have no personal interests or stake in the Central Regions administration formation process politically, commercially or in any other way;
Timeline and remuneration
The expert is hired for consultancy contract of three weeks, consisting of 2 weeks to prepare the first draft of the constitution, and 1 week to present the draft and go through with CFT (maybe sub-committee) and revise the draft as needed.
Only shortlisted candidates will be contacted.
Due to urgency need for the position, MOIFA has the right to recruit the Constitutional Expert before the application deadline.
WOMEN ARE HIGHLY ENCOURAGED TO APPLY!
- Organization: UNDP - United Nations Development Programme
- Location: Jawhar | Mogadishu
- Grade: Mid/Senior
- Legal - Broad
- Legal - Broad
- Political Affairs
- Political Affairs
- Closing Date: 2016-02-25