Historique

UNDP Somalia comprises three main clusters: a) Governance and Rule of Law and b) Poverty Reduction and Environment Protection. The Governance cluster consists of the following main components:
 
  • Somali Institutional Development Project (SIDP): Providing support to strengthen government functioning at federal and state levels through short term assistance and longer term capacity building interventions
  • Local Governance: Supporting formation and development of local governance, and developing a platform for decentralized service delivery, jointly with other UN agencies
  • Constitution-Making Support Project: Supporting the constitutional process and participatory governance
 
The Somalia Constitution-Making Support Project (SCMSP) focuses on the fundamental pillar of promoting peace, with an overall objective to ensure that a new Federal Constitution for Somalia is prepared in a participatory manner and that its implementation lays a foundation for a legitimate Federal Somali State
 
In close collaboration with a consortium of international partners, The United Nations Political Office for Somalia (UNPOS) and UNDP are providing support to the Transitional Federal Government (TFG) of Somalia on the constitution-making process through various Transitional Federal Institutions (TFIs) and civil society groups. Of key important is the recently endorsed roadmap for ending the transition by August 2012 which UNDP and other partners are expected to support its implementation, particularly with regard to constitution, electoral and parliamentary reforms.
 
Parliaments constitute uniquely legitimate democratic institutions with a central role to play in dialogue and reconciliation process. The Parliament’s contribution to conflict prevention and peace building is embodied in its everyday work of representing constituents through law-making, oversight of government action and process of political contest1. Elected parliaments provide mediation and space for various social groups. They are key institutions for dialogue, national reconciliation and conflict resolution.
 
There are three legislatures in the three administrative entities of Somalia. Somaliland in North West, Puntland in North East and Transitional Federal Government in South Central. While Somaliland declared its independence from the rest of Somali and has its own government, and bi-cameral legislature (House of Representative and Gurti), Puntland is semi-autonomous state and is part of the federal system. The Transitional Federal Parliament plays a particularly important role in the constitutional and transitional process as it is the constitutionally mandated law-making body and, under the Transitional Federal Charter (the “Charter”), is the only TFI with the power to amend the Charter.  The Charter mandates that an independent drafting body shall draft the new federal constitution and transmit it to a Public Referendum. The Charter further mandates that the new Parliament shall be directly elected. 
 
However, given the prevailing security circumstances across much of South Central Somalia, a referendum and direct elections are not going to be possible by the August 2012 deadline. Consequently, stakeholders have agreed, as per the Garowe Principles adopted in December 2011, to proceed with a provisional adoption by a Constituent Assembly, as well as indirect selection of new parliamentarians under the new federal constitution. These decisions, as well as many other benchmarks under the Roadmap, require the TFP to act in either its law-making, oversight or constituency relations capacities. 
 
Constitutional process related legislation must be enacted in order to allow the constitutional process to move forward. This includes amendment of the Charter to allow for these indirect electoral processes, along with various laws to allow for a Constituent Assembly selection process, an Interim Independent Electoral Commission, and so on.
 
It is within the above context that constitutional development and constitutionally mandated legal reforms must proceed urgently at the federal and regional levels. The legislative branch at each level is central to this process as no other branch of government has the power or duty to make law. 

Devoirs et responsabilités

Assignment Objectives:

Support the implementation of Constitutional Benchmark 2 under the Somali End of Transition Roadmap

  • Advise on future programming based on Roadmap activities and implementation which flows from the Roadmap.   
Scope of Work:
 
The Incumbent is expected to perform the following duties: 
  • Advise, support and build capacity on design, implementation, etc on all parliamentary and transitional issues and institutions to be created and supported under the Somali End of Transition Roadmap, Benchmark 2: Constitution; in particular, work with the relevant committees, namely the Parliamentary Constitutional Committee, on constitutional process related legislation and amendments to the Transitional Federal Charter (or other constitutive legal documents) to allow for the constitutional process to proceed; to work with relevant committees of sub-national parliaments on harmonization with the federal constitution and ensuring that legislation comports with both federal and sub-national constitutional provisions.
  • Based on the above to advise of future programing based on Roadmap activities and implementation which flows from the Roadmap and adoption of the Constitution, including helping legislatures at the federal and state levels perform their central role in respective national and sub-national constitutional processes, as well as post adoption constitutionally mandated legal reforms necessary to implement the constitution(s). and supporting engagement and cooperation of Puntland parliament and Transitional Federal parliament on the adoption of the new federal constitution and other legal processes under the Roadmap and flowing from the Roadmap. 
Monitoring and Progress Controls:
 
The consultant will work under the overall supervision of the Joint Constitution Unit Project Manager. A work plan for the consultancy will be developed and agreed to no later than two days after the start of the assignment. Evaluation of the contract will be made against the benchmarks and deliverables set for the assignment of the consultant at the end of the contract duration.
 
 
Final Product and Deliverables
 
  • Analytical research reports on relevant constitutional and legal issues and parliamentary committee work plans focused on the above mentioned areas, as well as technical assistance on preparing substantive draft laws as well as legislative drafting training for relevant committees charged with constitutional issues
  • Report and analysis of parliamentary development strategies in Somalia with recommendations for future areas of emphasis.
  • Report and analysis of the required constitutional and legal framework for law making capacity building to ensure functioning of the legislative stream, based on comparative research.
  • Detailed assessment of the needs of the national and sub-national legislatures in order to implement constitutional mandates, and suggestions for the development of strategy for UNDP response to these needs
  • Development of a common legal drafting methodology and approach for parliaments based on the new constitution
  • Recommendations and a draft implementation plan on ensuring engagement and cooperation between, for instance, Puntland parliament and Transitional Federal parliament on the adoption of the new federal constitution and other legal processes such as harmonization of the national and sub-national constitutions.
  • Lessons learnt.
Review and Approval:
 
The performance of the contractor will be reviewed on bi-monthly basis to approve outputs prior to authorization of payments.

Compétences

  • Analytical and research skills, communications abilities, teamwork, flexibility in working in fluid situations and problem-solving and negotiation skills.

Qualifications et expériences requises

Education:
  • Master’s degree in Law, Public Policy , Political Science or a related field

Experience:

  • At least 7 years of relevant experience in constitution making processes and /or in parliamentary development  
  • Experience in working with parliaments in crisis situations is an asset
  • Previous experience in Somalia is an added advantage but is not a requirement
Language Requirements: 
  • Excellent command of written and spoken English
 
Terms of Service:
  • This is a non-staff contract under the Individual Contractor (IC) modality of hiring of the UNDP. Individuals engaged under an IC serve in their individual capacity and not as representative of a government institutions, corporate body or other authority external to UNDP. The incumbent shall not be considered as staff of UNDP, the UN common system or the government and are therefore not entitled to any diplomatic privileges or any other special status or conditions.
  • The incumbent will be recruited through the BCPR roster and will be engaged on an IC contract on a retainer basis for a period of four months at a pre-determined rate on time and material basis.
 Application:
 
  • Interested and qualified candidates are requested to submit electronic application by visiting http://jobs.undp.org/. 
  • Applicants are required to fill and sign a P11 Form and submit it together with Curriculum Vitae on the online application.
  • The P11 Form can be obtained from the link below:  http://sas.undp.org/Documents/P11_Personal_history_form.doc
  • Qualified female candidates are strongly encouraged to apply.
  • UNDP will only be able to respond to those applications in which there is further interest.