| Requirnment |
MINISTRY OF INTERIOR, FEDERAL AND RECONCILIATION OF GALMUDUG
TERMS OF REFERENCE FOR A CONSULTANT TO CONDUCT LOCAL GOVERNMENT LAW REVIEW.
Title of Consultancy : LOCAL GOVERNMENT LAW REVIEW
Duration of the assignment: 20 days
Issue Date : 31/05/2023
Deadline of Submission : 06/06/2023
Organizational Context
The five UN agencies (UN-Habitat, UNDP, UNCDF, ILO and UNICEF) of the UN Joint Programme for Local Governance and Decentralized Service Delivery (JPLG) Phase III 2018-2023, supports local and state governments and federal government, as well as civil society and private sector to promote improvements in local governance quality; which will contribute to peace consolidation, development and equitable service delivery for the citizen of Somalia. JPLG III builds on the successes of the second phase (2012-2018) of the joint programme and seeks to support Somalia to expand decentralized service.
Overall objective: Local governance contributes to peace, development and equitable service delivery
Outcome 1: Policy and legal frameworks are improved to enable local governments to deliver Equitable services.
Outcome 2: Local government capacity for equitable service delivery is improved.
Outcome 3: Local governments are accountable and responsive to community priorities in providing equitable and sustainable services and promoting local economic development.
Galmudug Ministry of Interior, Federal Affairs and Reconciliation (MOIFAR) is mandated by the Galmudug constitution to be responsible for the management, coordination and implementation of all issues related to Local governments. In 2021, decentralization policy concept paper was produced and among the findings was the need of: functionally aligned MoIFAR-FGS and local governments to identify roles and responsibilities and conducting comprehensive legal review. With the support of UN-JPLG, Galmudug Ministry of Interior, Federal Affairs and Reconciliation is planning to review Galmudug local government law No. 4, associated legislation and policies and mapping out the roles and responsibilities of MOIFAR-FGS and MOIFAR-GS vs local governments.
This is particularly important in light of the fact that the concept of federalism, decentralization and participatory policy formulation are new to Somalia. The results of the review of Law no.4 are necessary in order for the government to better address the decentralization policy paper, thus ensuring that it does “no harm” while also capitalizing on any opportunities to bridge local conflict divides.
Objective of the Assignment
Conduct functional review of MOIFAR-GS and local governments to identify roles and responsibilities.
Provide technical support to the Ministry of Interior and Local Governance of Galmudug in the review of legal frameworks in light of the results of the functional review and roles of MOIFAR-FGS, MOIFAR- GS and local governments
Review the existing Galmudug local government law no. 4 which is currently in place.
The Specific Objectives are:-
Provide technical support and review of Law No. 4 and policies related to local government ensuring laws and policies are harmonized in accordance with Federal and state constitutions.
Identify and assess policies, rules and regulations related to the mandate of the ministry and establish documentary guidelines for MOIFAR-GS mandate.
Through a participatory process involving concerned national counterparts in Galmudug and working closely with key stakeholders, document existing concerns and imbalances pertaining to laws and policies related to local governments.
Expected deliverables
Performing the above-mentioned activities, the consultant will be responsible for delivering of the following outputs, comprising the main milestones:
Develop and share clear work plan with the limitation of the mentioned timelines.
Delivering inception report with detailed proposal including approaches, methodology, tools and target groups for consultations and timelines for the implementation of key deliverables as described in this ToR
Conduct functional review of MOIFAR-GS and local governments to identify roles and responsibilities and produce draft report that clarifies roles and responsibilities of MOIFAR-FGS, MOIFAR-GS and local governments
Carry out a desk review of current laws, policies, regulations and existing legislations pertaining to local governance.
Hold separate meetings with MOIFAR, IMC secretariat and sector ministries (health, education, finance, water, environment, women and family affairs) and local government authorities. Incorporate the inputs, comments and contribution from these government institutions to the reviewed local government law.
Prepare review reports, capturing main findings and recommendations.
Support MOI-LG on the follow up of the revised local government law.
Share the final draft of local government law No.4 to the Galmudug’s Interior Ministry.
Duration, Reporting, payment modality
The national legal consultant will be hired by the Ministry of interior through a competitive selection process participated by UNDP. Duration of assignment will be days and Payment will be made based on deliverables.
Reporting:
The consultant will report to the Director General of Ministry of Interior
The reports will include a draft reviewed Law No. 4, framework to be used for consultations, and the final report at the end of the engagement.
Submit an inception report within three (5) working days detailing the consultant’s understanding of the Terms of Reference, as well as the approach/methodology, workplan and schedule to be adopted.
Facilitate a one-day workshop at which a broad range of LG stakeholders will provide feedback and comments on the draft law.
Produce and submit a final law incorporating the comments received from the stakeholders’ workshop.
d. Expected Outputs and DeliverablesEducation:
Advanced university degree in law or related discipline.
Minimum 10 years’ experience in laws practices, reviewing, rules, regulation, procedures in aligning with policies.
A minimum of bachelor’s Degree of Law with good track record and professional experience of law.
Experience in and knowledge of writing and reviewing law mechanisms including experience in the design and facilitation,
Previous experience in developing /analyzing/ implementing planning strategies/ legal frameworks-preferably in partnership with Governments.
Excellent written and oral communication skills in both English and Somali |