Antecedentes

The endorsement of the 2012 Provisional Constitution was a ground-breaking achievement, which set in place an overarching, nationally endorsed legal framework to guide Somalia’s efforts to rebuild the nation in accordance with division of power and the rule of law.

As the Provisional Constitution left several key issues undecided the revision of the Provisional Constitution has been identified in Somalia’s New Deal Compact as one of its key PSG priorities, to be completed by 2016. To that end, in accordance with the Provisional Constitution, a Parliamentary Constitutional Implementation and Oversight Committee and an Independent Constitutional Review and Implementation Commission (ICRIC) were established in 2014 to progress the review, though each body requires substantial institutional and capacity support to enable them to discharge their mandates. As part of the newly established 2015 Cabinet, a new Ministry of Constitutional Affairs (MoCA) was appointed which has the role of providing the overall organizational facilitation of the smooth execution of the tasks throughout the period of the review and implementation process of the constitution and strengthen the coordination of all institutions that are involved in the constitution review process. This ministry also requires a significant support in this process. These three bodies have signed in early March 2015 the MoU which is the guiding principles of the work of these national stakeholders are enumerated, and roles and responsibilities of each stated.

The UN Constitutional Review and Implementation Support Project Initiation Plan (PIP), endorsed in May 2015, supports these bodies in their efforts to to plan and work jointly to bring together stakeholders across and at all levels of government and the community to build consensus around a range of outstanding constitutional issues.

UN has also formed a Gender & Constitution Task-Team in order to coordinate and develop a UN (joint) approach to address gender equality and women’s rights issues in the Somali Federal Constitutional Review exercise. This led into the development of a two-pronged strategy:

  • Provision of technical support: technical advice, guidance and actual text on gender issues vis-à-vis the provisions of the Federal Constitution; and
  • Advocacy and political pressure: high-level advocacy, use of “Good Offices”, second track diplomacy will be adopted to ensure gender equality and women’s rights issues  are adequately addressed in the review exercise and reflected in the new (revised) draft/version.

The above mentioned efforts form the basis on which the consultant will develop training on Gender and Constitution in order to enable the identification and agreement of concrete language and an effective advocacy strategy to ensure gender is taken into account in the Constitution review.

Deberes y responsabilidades

Scope of work

In order to ensure a credible and legitimate Constitution review process, there is a need to undertake parliament and government led outreach and consultations in the regions with all stakeholders including women, youth, rural populations and minority groups.

Integrating gender into the Constitutional review process will ensure that a balance is achieved between the needs and contributions of women and men, girls and boys; and that all are considered throughout the review process. To achieve this, UNDP and UNSOM will provide specialized support to inform and commit Members of the Parliament to a gender-sensitive review process; enhance the efforts of women’s groups and leaders to spearhead civic awareness and collect and harmonize gender inputs to the review process, as well as develop effective advocacy strategies to secure tangible commitments on gender in the revised Constitution. These objectives highlight the urgent need to undertake a training, sensitization and advocacy strategy with MPs and civil society members.

A consultant will be recruited to develop a set of trainings and sensitization activities in order to enable the identification and agreement of concrete language and an effective advocacy strategy to ensure Gender is taken into account in the Constitution Review. The training will be based on the Guide to the Gender in the Constitution review process, produced under the UNDP programme.

Target groups

Parliamentary Oversight Committee (OC), Independent Constitutional Review and Implementation Commission (ICRIC); Parliamentary Committee of Human Rights, Women and Humanitarian Affairs; MPs, in particular female; Women’s groups and civil society leaders; Ministries of Constitutional Affairs (MoCA) and of Women and Human Rights Development (MoW).

Summary of key functions

In order to ensure support for the integration of gender perspectives in the constitution review process, a well experienced and qualified Gender and Constitution Expert will be recruited.

Under the overall guidance of the UNSOM Senior Constitutional Affairs Officer and UNDP Chief Technical Advisor for the Constitutional Review Process and in close consultation and coordination with the UN Gender and Constitution Task Team, the Gender and Constitution Expert will undertake the following tasks.

  • Establish a close link and consult with Parliament OC, ICRIC and MoCA, and MoW as well as the Parliament Committee of Human Rights, Women and Humanitarian Affairs, and representatives of IRA’s to develop a plan for sensitization and training of women’s groups and leaders and MPs;
  • Based on the UNDP guide on Gender and Constitution, develop training materials and training plan target groups identified on Gender and Constitution; Sharia Law and Xeer and the Constitution; identify priorities on gender within the Constitution in Somalia and development of specific language to be included in the Constitution review;
  • Based on the previously developed training activities, support women’s groups and leaders in developing a briefing and sensitization materials and messaging with MPs and other identified stakeholders;
  • Work with target groups on sensitization and advocacy strategy to ensure gender is taken into account in the constitution.
  • Provide technical inputs to review committee, drafting tea;
  • Based on all the work developed previous organize a 2-day meeting with all the target groups to discuss Women’s Demands on Constitution.

Final product/deliverables

Deliverable 1:Training and sensitization plan and materials for each of the target groups prepared and delivered

% of effort: 20%

Date: Within 15 days of the start of contract

Deliverable 2:Training for OC, ICRIC, MoCA and MoW on Gender & Constitution

% of effort: 20%

Date: By end of 1st month

Deliverable 3: Training delivered to Parliamentary Committee of Human Rights, Women and Humanitarian Affairs and MP’s

% of effort: 10%

Date: By end of 2nd month

Deliverable 4: Training delivered for women groups and civil society leaders

% of effort: 10%

Date: By end of 2nd month

Deliverable 5: Development of Strategy for sensitization and advocacy for Gender & Constitution

% of effort: 20%

Date: By end of 3rd month

Delivarable 6: Workshop with all target groups to discuss Strategy for sensitization and advocacy, and women’s demands on constitution

%of effort 20%

Date: By end of 3rd month.

Review/approval time

Achievement of Deliverables/Milestones will be approved by the UNDP Parliament & Constitution CTA before payments are made.

Competencias

Corporate Competencies :

  • Promotes the vision, mission and strategic goals of UNDP;
  • Demonstrates integrity by modeling the UN’s values and ethical standards;
  • Displays cultural, gender, religion, race, nationality and age sensitivity adaptability;
  • Treats all people fairly without favoritism.

Functional Competencies:

Technical Knowledge:

  • Demonstrates a strong understanding of UNDP democratic governance overall approach and thematic areas (constitutional review, public administration, rule of law, elections, parliament );
  • Demonstrates openness and ability to understand governance issues and challenges in Somaliland;
  • Displays a good understanding of economic management issues such as finance and budget process, transparency and accountability, and economic reform;
  • Demonstrates a good knowledge of crisis management, prevention and recovery.

Knowledge Management and Learning:

  • Promotes knowledge sharing and learning culture in the UNDP country office; In-depth conceptual and practical knowledge of inter-disciplinary governance and development issues.

Advisory and Communication Skills:

  • Ability to communicate complicated ideas to multi-constituencies in areas of UNDP’s substantive support in Governance and capacity building;
  • Development and Operational Effectiveness;
  • Ability to lead strategic planning, results-based- management and reporting;
  • Ability to lead the formulation of projects;
  • Ability to lead  business processes re-engineering, implementation of new systems (business side), and affect staff behavioral/attitudinal change;
  • Technical Skills;
  • Strong writing skills including technical reports, general reports and proposals;
  • Extensive background experience working in and knowledge of at least one or two democratic governance  areas;
  • The ability to communicate effectively with high level staff and leaders;

Habilidades y experiencia requeridas

Education:

  • A Master’s degree in Law, political science, gender studies or related field. (If only bachelor’s degree an additional two years of working experience will be required).

Experience:

  • A minimum of 5 years of functionally relevant professional experience incorporating gender/ women’s rights in constitution making/ review processes and/or legal drafting experience, review and simplification of legal texts, particularly in Arab States;
  • An experienced lawyer with constitution-making/ review experience with a special focus on women’s rights;
  • Proven experience in gender-specific legal drafting and research, including analysis and reporting;
  • Demonstrated experience of developing consultative processes;
  • Experience in designing and conducting/facilitating/coordinating trainings, workshops and briefing sessions with diverse target groups and at various levels, including Senior Government Officials and MPs;
  • Experience in capacity building, working with governments, legislators and providing advice on gender-specific legal issues in national processes;
  • Experience in working in post-conflict countries is required;
  • Experience in the region and especially in Somalia is an asset;
  • Experience working with the UN or international organizations on gender-and constitutional issues will be an advantage.

Language:

  • Fluency in written and spoken English is required;
  • Knowledge of Somali language is an asset.

Other qualification:

  • Competent in usage of MS Office programmers (MS Word, Excel, PowerPoint);
  • The candidate should be able and ready to work in hardship conditions;
  • The post requires considerable cultural and political sensitivity and specifically knowledge of Somali culture.

Other Information:

  • Consultant will need their own laptop (Not provided by UNDP).