UNDP Jobs - 53749- Legal Specialist (Constitutional)

Legal Specialist (Constitutional)

Location :

Mogadishu, SOMALIA

Type of Contract :

FTA International

Starting Date :

Application Deadline :

24-Feb-15 (Midnight New York, USA)

Post Level :

P-4

Duration of Initial Contract :

One Year

Languages Required :

English

Expected Duration of Assignment :

One Year

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence. UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

Background

Somalia is undergoing a historic process of change, moving towards peace from decades of violent conflict, which ravaged the country and resulted in widespread suffering of its people. The Provisional Constitution of the Somali Republic was agreed and endorsed on 1 August 2012. The 275 Members of the House of the People were subsequently selected by a group of 135 clan elders through August and September 2012 and resulted in a parliament widely recognized as representative and credible. The creation of an Upper House has been deferred while the Federal Member States are formed; in the interim, the Provisional Constitution mandates that the House of Peoples to operate as the National Federal Parliament (NFP) by itself.

The NFP and its members have a critical role to play in Somalia’s divided context today. If supported to effectively fill its place in the new political infrastructure of Somalia, the legislature will operate as a venue for the debate and discussion of issues of national importance. Potential sources of conflict can be aired, debated and addressed publicly and in a bi-/multi-partisan manner. In order to achieve these objectives, both Members of Parliament and the Parliamentary Secretariat require urgent support. The NFP Speaker has already received support from UNDP (in collaboration with the Association of European Parliaments with Africa (AWEPA) and the National Democratic Institute (NDI)) to develop a Strategic Plan to guide the development of the NFP, but provision of ongoing advice and assistance to strengthen the capacities available to the parliamentary leadership is essential. Significant capacity development will need to be undertaken within the nascent Secretariat to ensure timely and quality services can be provided to MPs, most immediately in terms of legal, research and committee support, as well as outreach and dialogue support. Research facilities are very limited, with library facilities virtually non-existent and e-based solutions also still to be implemented.

Under the Provisional Constitution, the NFP has also been tasked with leading the process of constitutional review and implementation, which is required in order to finalise a national Federal Constitution and set in place a framework for national elections. Parliament has set up a Constitutional Oversight Committee, and legislation was enacted in July 2013 to establish a Review and Implementation Commission intended to provide technical support to the Committee. Significant support will needed to be provided to MPs, the Oversight Committee and the Commission, both to build capacities to review and implement the Provisional Constitution and to support a major constitutional public outreach programme announced by the Speaker and Committee Chair. This approach is intended to build buy-in for the constitution throughout the country.

UNDP Project Results

As part of the UN’s overall support to Somalia’s peacebuilding and statebuilding agenda, UNDP has developed a parliamentary and constitutional support programme, which focuses on building the capacities of MPs, Committees and Secretariat staff to discharge the NFPs constitutional mandates:

Outcome 1: NFP and Somalia Parliaments capacitated to operate as inclusive, transparent and effective law-making, oversight and representative bodies contributing to national peacebuilding and nation-building goals
Output 1: NFP and Somalia Parliaments supported to enact quality legislation and to maintain effective oversight over the other branches of government according to the interests of all Somali people and in support of peace-building and nation-building
Output 2: House of the People established as an effective institution, with a functioning administration and infrastructure and leadership supported to discharge their constitutional mandates to fairly, inclusively and transparently manage the business of Parliament and lead the Parliamentary Administration
Output 3: MPs are empowered to represent and remain accountable to the Somali people and to provide leadership in a way that promotes national unity for Somalis, including young people and women, participative & representative democracy and more effective contribution to political decision-making.
Outcome 2: NFP capacitated to contribute to the overall national constitutional review process in support of peace-building and nation-building in Somalia
Output 4: NFP capacities supported to ensure timely implementation and review of the Constitution

Duties and Responsibilities

Support to the Constitutional Review process:

The UNDP Legal and Constitutional Specialist will work under the direct supervision of the Project Chief Technical Advisor, in order to support the engagement of the National Federal Parliament, selected ministries and commission, as well as sub-national institutions with the constitutional implementation and review process, including:

Ensure the provision of direct technical advice to the Speaker, Committee members and MPs to support the review and implementation of constitution by the NFP;
Build the capacity of the NFP MPs and staff to engage on constitutional issues, including identifying specialized technical expertise to support the constitutional process and working closely with the Max Planck Institute (which has a grant to work with the NFP on these issues);
Support capacity development of the Oversight Committee, including facilitating liaison with the Executive branch, organising targeted issues training, providing support to Secretariat staff to produce legal research and analysis;
Support capacity development of the Implementation and Review Commission, in close collaboration with other relevant UN and UNDP Projects, including the UNDP Rule of Law team supporting legislative policy development and drafting;
Support and advice to the Somali Executive branch (National and Sub-National level) with regard to their engagement in the constitutional review process;
Support and advice sub-national institutions with regard to their participation in the constitutional review process;
Support the constitutional outreach and dialogue processes, including by developing initiatives with civil society and the media and ensuring targeted outreach to women and youth;
Provide advice to UNSOM and UNDP on all relevant constitutional issues;
Engage in regular meetings and other information sharing with the UN Integrated Constitutional Support Team, to ensure coordinate whole-of-government support to the constitutional process.

Support to Legislative Process:

The Legal and Constitutional Specialist will assist the Federal Parliament of Somalia and the Parliaments of Somaliland and Puntland as well as newly emerging parliaments in their efforts to improve the legislation including:

Provision of advice to parliamentary committees with regard to legislative process/legislative drafting;
Provide support to the Federal Parliament of Somalia and the Parliaments of Somaliland and Puntland with regard to improvement of legislation;
Identify, manage and supervise experienced subject matter experts who can provide advice and support to the three parliaments with regard to preparation of selected legal drafts;
Conduct capacity building to legal drafters / legal departments of the three parliaments;
Provide advice to UNSOM and UNDP on all relevant legislative issues;
Engage in regular meetings and other information sharing with the UN Integrated Rule of Law Team, to ensure coordinate whole-of-government support to the legislative reform process.

Support to the implementation of Project activities in regards to Parliamentary and Constitutional Review Process:

The UNDP Legal and Constitutional Specialist will work under the direct supervision of the Project Chief Technical Advisor , to:

Support the deployment of technical constitutional, subject matter and outreach specialists, including by developing TORs, assisting with procurement processes and managing technical specialists to produce high quality advice and reports;
Provide inputs to Project reports , including by ensuring top quality analysis and substantive inputs to project documents, reports, concept notes and other strategic documents;
In collaboration with UNDP Chief Technical Advisor, plan and coordinate relevant meetings (constitutional coordination meetings), including by producing relevant reporting;
Perform other relevant duties as required by the SRSG and DSRSG/HC/RC, and UNDP Country Director and GROL Programme Manager;
Ensure in all circumstances that the project upholds the values of the UN System, the country’s interests and partners implicated in the process.

Impact of Results

The key results have an impact on the overall success of the country programme and reaching UNDAF/CPD goals. In the short-term, the key results have an impact on the project objective to support the Federal Parliament of Somalia and the Parliaments of Somaliland and Puntland to effectively fulfill its role as a legislative, representative, and oversight body and support the ongoing constitutional review and implementation process.

Performance Indicators

Programme/ advice of high quality;
Policy and technical advice of high quality and relevance and based on established constitutional law and practice;
High level and effective inputs into project progress reports and work plans, and review and monitoring systems;
Appropriate international and national staff and consultants recruited and effectively and substantively managed to achieve anticipated outcome;
Effective communication to achieve results and to develop effective and active networking and partnerships to ensure coordination amongst those working with the parliament.

Competencies

Corporate Responsibility and Teamwork:

Serves and promotes the vision, mission, values, and strategic goals of UNDP;
Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
Plans, prioritizes, and delivers tasks on time.

Results-Orientation and Development Effectiveness:

Plans and produces quality results to meet established goals;
Ability to support implementation, monitoring and evaluation of Project.

Management and Leadership:

Builds strong relationships with clients, focuses on impact and result for the client and responds positively to feedback;
Consistently approaches work with energy and a positive, constructive attitude;
Demonstrates good oral and written communication skills;
Demonstrates openness to change and ability to manage complexities;
Sets clear performance goals and standards; executes responsibilities accordingly.

Innovation and Judgment:

Conceptualizes and analyses problems to identify key issues, underlying problems and how they relate;
Contributes creative, practical ideas and approaches to deal with challenging situation;
Strives for quality client-cantered services (internal/external) when making decisions and taking action.

Job Knowledge & Expertise:

Demonstrates substantive and technical knowledge to meet responsibilities and post requirements with excellence;
Uses ICT and web-based management systems effectively as a tool and resource;
Is motivated and demonstrates a capacity to pursue personal development and learn;
Strong drafting, report-writing skills and oral communication skills;
Ability to work under pressure in a multicultural and complex environment.

Required Skills and Experience

Education:

Master's degree in Political Science, International Relations, Social Sciences, Management, Administration, Law or related fields.

Experience:

At least seven years of professional and responsible experience in parliamentary development, constitutional review and/or governance/institutional development are required;
Strong experience supporting inclusive and consultative public consultation processes;
High level representational and advisory experience, ideally in a cross-cultural setting;
Experience working with the UN an asset;
Relevant experience in conflict or post conflict settings an asset;
Previous experience as CTA in the framework multi donor programmes is desirable.

Language Requirements:

Fluency in English is a requirement.