|Overview : |
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 9th Parliament successfully completed its term of office and remained a stabilizing force. The 10th Parliament has been elected including the Upper House. The newly established Upper House will need support to develop its Rules of Procedure and to train its members to effectively provide support to the emerging Federal Member States.
This project builds on the exercise of Constitutional Review during the 9th Parliament and seeks to provide the necessary support to draft the final constitution that will be adopted. Three central stakeholders have been identified in this process, i.e. the Ministry of the Constitutional Affairs (MoCA), the National Federal Parliament (NFP) and the Federal Member States (FMS). During the current phase, the Ministry is undertaking critical consultations with key role players and stakeholders that will provide the current phase of the constitutional review with legitimacy.
The role of the ministry, among others is to provide 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 the institution that are involved in the constitution review process in Somalia.
In November 2017, the Ministry of the Constitutional Affairs (MoCA), the Independent Constitution Review and Implementation Commission (ICRIC) and the Oversight Parliamentary Constitution Review and Implementation Committee (OC), the key stakeholders in Somali’s Constitution Review Process, developed a joint Roadmap and Memorandum of Understanding (MoU) based on consultations with the Leadership of the Federal Government of Somalia. The Roadmap for the constitutional review process defines three key objectives, namely to have a national constitution completed within the mandated timeframe by December 2019, to ensure that the review process is based on national dialogue and public consultation with the Somali people and key stakeholders, and to educate the Somali citizens about the process through broad civic education programs that empowers the society at large to contribute, and engage in the review process, possibly ensure their constitutional rights are well captured.
Furthermore, an MoU was signed between MoCA, the OC and ICRIC, as foreseen in the provisional constitution specifically in articles 133, 134 and in Laws No. 199 of 3 July 2013. The MoU defines the cooperation between these three bodies and defines the basic principles, as well as shared and individual duties and responsibilities as well as dispute resolution mechanisms. It also includes guiding principles for the constitution review process, namely a fixed timeline, Somali ownership, continuation and recognition of the work done by the 9th parliament, inclusivity, transparency, participation, accountability as well as partnership and cooperation.
In support of the new Federal Government and the people of Somalia, UNDP Somalia is implementing a Constitutional Support Project in Somalia. Notably, the Projects have been designed to support the key stakeholders in upholding these principles while carrying out their respective mandates and the key deliverables outlined in the Roadmap, namely; regularization of the constitution, negotiation on the political issues, allocation of powers between the Federal Government and the Federal Member States, tabling and publication of the 9th Parliament’s constitutional Option report, Civic education and public participation, national dialogue and consensus building forum, review and adoption of the constitution, referendum or national validation and alignment of Federal Member States Constitutions with the Federal Constitution.
SCOPE OF WORK
The objective of the assignment is to provide technical expertise and advisory support together with support in the drafting and formulation of constitutional text that reflects the political agreements reached between the key role players and reviewed chapters of the constitution. The consultant will work with the UNDP Constitutional Support Project Team to provide high quality services to each of the identified role players with a focus of providing advice on different legal issues and assist in preparing written text and expert opinions, explanatory memoranda and provide guidance that would assist the consistency and coherence of the formulated text and avoid contradictions. Consultant will also review the Somali draft electoral law to identify gaps and revise the document to ensure the law is using appropriate format and language that is sufficiently detailed, clear, concise, and legally functional and applies legal drafting principles and with reference to the relevant laws of the country ensuring international standards are met while considering the particular circumstances of the country.