TERMS OF REFERENCE
Duty Station: Home based with trips within the Country (as stated on the ToR)
Deadline for Applications: 22nd of January, 2017
Type of Contract: Individual
Contract Post Level: Short-term consultant
Starting Date: October End of January, 2017
Duration of Consultancy: 40 working days spread over 3 months.
The Intergovernmental Authority on Development (IGAD) has been the principal coordinating regional organization on the “Regional Programme to Promote Maritime Security” (MASE) funded under the 10th European Development Fund. The MASE programme has been operational since June 2013 and covers the Eastern Southern Africa and the Indian Ocean (ESA-IO). The programme is in line with the UN Security Council for Resolution 1851 of 18th December 2008, which was intended to mitigate maritime insecurity emanating from Somali coasts. It is within that context that the MASE programme has been developed aiming at addressing livelihoods issues as part of addressing the underlying causes of maritime insecurity MASE Programme. The programme interventions have been designed in order to enhance livelihoods as core priorities in the affected areas in Somali coasts.
The MASE programme is implemented in partnership between the Inter-governmental Authority on Development (IGAD) and the United Nations Food Agricultural Organization (FAO) in Somalia and the European Union. Under the current Programme Estimate II a study on Illegal Unreported and Unregulated Fishing (IUUF) is study is to be commissioned in an effort to better understand IUUF and its impact on coastal communities. The Context
Illegal, Unreported and Unregulated (IUU) fishing has been subject of lots of discussions, speculations and followed by inaction by either the Somali authorities due to inability or global naval flotilla presence has attempted to stave off foreign IUU vessels one from the Somali authorities who have not to date interdict a foreign fishing vessels due limitation in the mandate under UN Resolution authorizing only to combat piracy off the Somali coast. Much attention has rightly been paid to the complex issues raised by IUU fishing in the high seas and associated issues of flag State responsibility, yet IUU fishing activities in the Exclusive Economic Zone (EEZ) merit just as much attention. The program is to look at issues on the Somalia coasts with issues resulting in maritime insecurity and criminality including but not limited to Illegal, Unreported and Unregulated (IUU). This initiative by IGAD follows up with action on what is widely acknowledged problem of IUU as being unprecedented in scale and an impact on the sea environment prompting a United Nations Security Council Resolution 11976 of 2011.
(i) IUU fishing thrives in the Somali environment like Somalia in maritime governance is next to non-existent due to lack of mounting effective maritime law enforcement
(ii) Lack of patrol infrastructure to conduct basic maritime patrol tasks consequently giving rise to foreign fishing vessels to operate with impunity.
(iii) The incidence of IUU fishing causes significant harm not only to the environment, particularly as it depletes, and in some cases, decimates fish stocks, but also produces severe economic and social harms, especially among Somali coastal communities.
(iv) The illegal capture of certain domestic high-value species, coupled with discards and extensive underreporting, is thought to have significant detrimental effects on the sustainability of affected coastal communities.
It is against this background that IGAD would like to commission an expert to conduct an empirical study whose scope to understand of IUU fishing off Somalia waters would help provide the basis for gaining in-depth knowledge on the IUU practices .The study will review existing laws, its application of offering recommendation and strategies towards devising policies for ensuring food security, which will contribute to poverty alleviation and sustainable livelihoods. A definition of the different components of IUU fishing follows:
(a) Illegal Fishing: where vessels operate in violation of the laws of a fishery. This entails fishing with no licenses at all, or fishing in contravention of the terms of the license, for example by using outlawed fishing gear.
(b) Unreported fishing, fishing that has been unreported or misreported to the relevant national authority.
(a) Unregulated fishing, this generally refers to fishing that is conducted by vessels without nationality, or vessels flying the flag of a State not party to the regional organization governing the particular fishing region or species.
II. Overview of the Assignment.
The assignment is undertaken at first to scope the myriad issues surrounding IUU, considering the complexity since it involves foreign vessels, resource conflict between local Somali communities. The assignment also has also broader relevance, in which it aims to understand the conditions that facilitate IUU fishing, such as a lack of effective ocean governance, which is prevalent across Somalia whereby the findings will have implications for a broader category of similar cases within IGAD member states.
III. Objectives of the Consultancy.
This study objectives of this undertaken in order to understand, the scope, scale and the key drivers of Illegal, Unreported and Unregulated (IUU) fishing in Somali waters, it is seen as wise to gain an in-depth knowledge on its impact on local capture fishing communities livelihoods.
(a) Specific objectives of the assignment are:-
The Consultant would be required to provide information i (1) Distinctly between “licensed vessels and those not licensed” (2) Assess the application/compliance of laws at the State (regional) and federal in conformity with international practices and norms.(3) Offer a comprehensive draft (or unified legal measures) law for combating IUU including legal/penal provisions in line with International 2measures that prevent and deter or eliminate Illegal, Unreported and Unregulated Fishing for capture fishing.(4) Offer and recommend a Draft Strategy and Overall Action Plan on Monitoring Control and Surveillance (MCS) and (5) Assess the impact of IUU on livelihood and the ecosystem.
a) Activities of the Consultancy.
Undertake a visit to the target areas in Somalia,( Puntland, Galmudug, Mogadishu and Somaliland).
Gather fisheries -related literature i.e. policies, laws and collate into content for analysis and archiving.
Conduct site visits to meet state, regional and federal authorities, fisherfolk, cooperatives and coastal communities, UN agencies, i.e FAO, UNDP and International Maritime Organization (IMO).
Prepare a questionnaire for use for a qualitative and quantitative to gather information and feedback on the target fisheries sector stakeholders.
IV. Methodology of the Consultancy
(a) The study will implement a case study research design in order to shed light on the scope of IUU fishing on Somali coasts through a discovery process that is meant to understand (a) the scope of IUU fishing on coastal communities, key drivers and possible solutions.
(b) Conduct an in-depth analysis of the different perspectives and attitudes towards IUU fishing.
(c) Conduct semi-structured interviews as a part of data collection techniques for government officials, line-ministries in order to understand policy promises and performance gaps including issues of capacities.
(d) Undertake fieldwork context to interview fisherfolk and coastal communities,
(e) Undertake a review existing legislation, state national on capture fisheries including pending Draft Bills (reports with the view of examining, legal and policy content adequacy and relevance towards combating IUU fishing in line with International measures “ Code of Conduct for Responsible Fisheries” ( of 1995).
(f) Issue a Draft Report on Data Analysis (both interviews and legal review/analysis), on he scope of IUU fishing on selected Somali coastal communities and provide critical recommendations on how to approach IUU fishing paving way for future efforts /studies towards elimination for IUU.
(g) Make and share information presentations for the stakeholders at the state, national level for further inputs.
(h) Organize validation workshop and present the report for stakeholders.
V. Management of the Consultancy
This consultancy is for individual consultant. IGAD MASE Programme will manage the consultancy and in full measure ensure due processes as well the execution, outputs planned and expected outputs from the technical consultancy is achieved for the benefit of the Programme.
The deliverables will include (1) An inception report on understanding of the assignment and detailed methodology (2) Draft Strategy and Action Plan
(3) Presentation of the Draft strategy and Report at validation workshop
(4) Final Report
VII. Duration of the Assignment
The consultancy is 40 working days spread over 3 months (February –April 2017).
The selected candidate should be fluent in English and Somali will be an added advantage and have :
Strong background and knowledge of conducting researches and studies.
Knowledge of maritime domain issues such as maritime criminality i.e. IUU
Knowledge of the area of operations i.e. Somalia with its complex issues of security and political dimension as well myriad competing issues between states and federal level.
Highly adaptable to ever-changing and security situations and ability to work in hostile environments in particular insecurity “hotspots” in Somalia .
Culturally competent and sensitive to local customs
Skills abilities to engage with local authorities (state and federal and communities).
Experience in report writing and publications.
(a) Qualifications and Experience.
Advance University Degree (PhD) or Master’s in Legal and Maritime Security or marine policy environment would be accepted in lieu.
Good experience of progressive engagement in research/study for academic or development purposes in the maritime domain and ability to engage with multi-stakeholder government entities and communities.
(b) Minimum Experience
A Minimum of 3 years of either academic/professional research background with an affiliation to reputable University dealing with maritime domain issues
(c) Application procedure
Individual Applications shall include:
- Letter of application for the assignment
A proposal detailing the proposed approach, identifying risks related to the deliverable and including a quote for this services costs .
The consultancy service agreement will be fixed price (lump-sum) whereby the consultant is expected to cost for the assignment as follows:
Professional fees for the duration of the assignment period with expert(s) input commensurate with the assignment tasks and deliverables.
Reimbursable costs (Per Diems for field missions, travel costs- land fees, custom duties and air ticket fees from-and-to duty stations of the expert)
All in-country costs and expenditures.
The Consultant would provide his/ her own security cover needed for this assignment.
He/She would liaise with IGAD’s Office in Somalia Garowe on issues related to this assignment.