Somali Constitutional and Legal Language Expert

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Overview of Position

• The Somali constitutional review process has gained momentum again. Under the leadership of the Office of the President & the Ministry of Justice & Constitutional Affairs, the negotiations between the Federal Government & the Federal Member States have recommenced & produced first results in the form of agreements concluded by the National Consultative Council (NCC). These so called NCC agreements are already providing guidance on a number of the open questions of the Somali constitutional review process, most importantly on the justice model, the security architecture, the allocation of powers & competences, the management & allocation of revenues from natural resources & the organisation of elections on all levels of government in the Federal Republic of Somalia. The Oversight Committee (OC) of the 11th Parliament has been established, the OC elected its leadership & the delegates from the Federal Member States have been appointed as per Article 133 of the Somali Provisional Constitution. The Independent Constitutional Review & Implementation Commission (ICRIC) has been reestablished & the delegates from the Federal Member States have been appointed as per Article 134 of the Somali Provisional Constitution. Now, the Somali government institutions responsible for the Somali constitutional review process, i.e. OC, ICRIC & MoJCA have renewed the Memorandum of Understanding regulating their cooperation & developed a joint work plan for the constitutional review process. According to this work plan, the MoJCA will need to support the Office of the President with the preparation and facilitation of the next NCC meetings, where the remaining political questions of the Somali constitutional review process will be decided upon by the Federal President & the Presidents of the Federal Member States, while the OC & ICRIC will need to start now to further advance the comprehensive constitutional amendment document on the basis of the agreements already concluded by the NCC.
• The consultant will report to our clients Project Manager to assess progress made against the established tasks.
• The consultancy aims at supporting the OC & ICRIC with the incorporation of NCC agreements in the comprehensive draft constitutional amendment document. For that purpose, a Somali Constitutional & Legal Language Expert will be recruited, who will be included in the existing support project for the Somali Federal Parliament of the Max Planck Foundation for International Peace & the Rule of Law & support the OC & ICRIC in analysing NCC agreements & incorporating them in the comprehensive draft constitutional amendment document.

Role Objectives

• Supporting the OC & ICRIC as Somali Legal Language Expert & resource person.
• Providing legal advice & counsel to the OC & ICRIC.
• Providing legal analysis of the decisions of the NCC in relation to the Somali constitutional review process as per the request of the OC & ICRIC.
• Providing legislative drafting support for the development of draft constitutional amendments as per the request of the OC & ICRIC.
• Supporting the Max Planck Foundation for International Peace & the Rule of Law in providing technical & legal advice for the members of OC & ICRIC on matters related to the Somali constitutional review process.
• Providing support for the preparations & facilitation of parliamentary debates draft constitutional amendments upon request of the OC & ICRIC.

Impact of results:

• The effective & successful performance of the Somali Constitutional & Legal Language Expert will support the Constitutional Oversight Committee of the Somali Federal Parliament (OC), the Independent Constitutional Review & Implementation Commission (ICRIC) & the Ministry of Justice and Constitutional Affairs (MoJCA) on their tasks related to the Somali constitutional review process.

Conditions:

The Somali Constitutional & Legal Language Expert will render his or her contractual obligations in coordination with & under the guidance of the Project Manager as well as Max Planck Foundation for International Peace & the Rule of Law. When requested by our client, OC, ICRIC or by the Max Planck Foundation for International Peace and the Rule of Law, the Somali Constitutional Expert will make him or herself available for further adjustments of his or her deliveries outlined in this TOR.

Reporting Activity

Frequency

Quarterly reporting: Assess quarterly progress for the Somali constitutional review process - Quarterly

Project Reporting

The Somali Constitutional & Legal Language Expert will render his or her contractual obligations in coordination with & under the guidance of the Project Manager as well as Max Planck Foundation for International Peace & the Rule of Law.
Key Competencies

• Master's degree in law or bachelor's degree in law with a minimum of two additional years of experience in law with 10+ years demonstrable professional experience as a Lawyer / Legal Advisor.
• Proven experience in legislative drafting.
• Experience in presenting high level legal work to state actors in a service orientated manner.
• Flexibility, including demonstrated ability to work under pressure, to adapt to changing work & project circumstances & respond to unforeseen developments.
• Willingness to stay in Mogadishu, Somalia for the implementation of activities.
• Fluency in Somali & English (oral & written).

Team Management

• This role has no team management responsibility.

Further Information

• Qualified female candidates are encouraged to apply for this role.