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: 50 working days spread over 5 months
I - Background
The Intergovernmental Authority on Development (IGAD) has been the principal coordinating regional organization in 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 by suppressing acts of piracy. It is within that context that the MASE programme has been developed aiming at addressing mitigating factors that has a direct bearing on the rule of law and security.
The programme interventions have been designed in order to enhance livelihoods as core priorities in the affected areas in Somali coasts, as well building in-land capacities on-shore and inland with respect to governance with Somali authorities playing key role. The programme has intertwined objectives of supporting efforts to enhance maritime security and addressing key bottlenecks with respect to legal framework with respect to governing Somali maritime spaces on and offshore Somalia.
The Inter-Governmental Authority on Development (IGAD) is the regional authorized officer for MASE and has the lead in the coordination of various strands/results of the programme. IGAD’s continuous engagement and leadership on aspects related to coordination within the region and in particular with regard to Somalia. IGAD also coordinates with other regional economic communities (REC’s) as well as bilateral and multilateral donors in order to enhance global maritime security in the region.
This consultancy is meant to provide technical support in the sphere of rule of law and security. It would undertake a review processes to a look at the current policies, existing legal framework adequacy in addressing piracy and maritime criminality In line with international norms and legal practices and bring up Somali instruments up standards. This consultancy primarily focuses on the above Result 4 as matter of great priority since the rise of piracy off
the Somali coasts intervention with respect to maritime insecurity on shore leading to international measures through various UN Security Council Resolutions.
IGAD as a regional organization is heavily involved in supporting and promoting legitimate national political, economical aspirations of a member state within the practices and norms of international conventions i.e. United Nations Conventions on Laws of the Sea (UNCLOS) and other maritime related global conventions as well regional treaties/memoranda i.e. Code of Conduct Concerning the Repression of Piracy and Armed Robbery Against Ships in the Western Indian Ocean and the Gulf of Aden 2009 (the Djibouti Code of Conduct) .
However, current efforts by IGAD is to support Federal Somali Government, Regional States and Somaliland by bridging gaps in the maritime sector with the rest the International communities through the establishment a forum for dialogue referred as the Maritime Security Coordination Committee (MSCC). Its primary aim with the mobilization international resources to assist Somalia prevent and counter piracy and IGAD is following up with this intervention as part of responding and affirming UN Security Resolution 2015 1(2011).
IGAD responsibilities in the MASE Programme Estimate II key Sub-Results:-
Result 1: Enhanced overall cross-regional coordination of MASE Programme
Result 2: Established and strengthened Maritime Security Coordination Structures in Somalia.
Result 3: improved and expanded knowledge of Maritime Security2 Issues.
Result 4: Review, harmonization and operationalization of policy and legal framework dealing with maritime crimes.
1.2 Overview of the Assignment
In order to strengthen maritime governance, the legal framework has to be reviewed and updated to conform to international norms and practices and building institutional capacities in the justice and security sector in Somalia. International Maritime Organization (IMO) has supported Somalia under the auspices the Djibouti Code of Conduct(2009)3 as a principal tool for building capacities in the area of enhancing national legal framework.
The interim policy of the Federal Government of Somalia prioritizes the justice and security sector (JSS) as key areas of focus whilst, the greatest attention and support should be devoted to rebuild the maritime law administration and enforcement.
Existing legal framework/regime for addressing transnational crimes related to maritime crimes with the Somalia coasts will be reviewed by an expert on legal and international instruments in collaboration with the International Maritime Organization (IOM) which has supported the member state on maritime policy formulation.
This activity will entail reviewing and recommending existing draft “body of laws” in selected Somali zones comprehensive and relevant instruments that could deal with maritime crimes taking place in and off the coast of Somalia. The recommended policies and related laws once developed by IGAD could help support maritime governance in Somalia.
A follow up subsequent activities include developing (1) training modules for law enforcement and justice sector officials that would eventually be a Handbook. The conduct of trainings will involve mid-rank and senior level officials from the justice and laws enforcement agencies and the outcome will be the adoption and application by Somali entities on the best practices on maritime governance.
II - Objectives of the Consultancy
This consultancy is meaning to support efforts in rebuilding Somali maritime governance, through the delivery of an updated Legal framework (i.e. Somali Maritime Code) which conforms to international norms and practices.
Sensitize and train judicial and law enforcement officials on the legal framework during through the development of a Handbook for judicial and law enforcement officials.
2.1 Scope of the assignment
1) Review/study of existing legal framework on law enforcement/criminal justice sector dealing with Maritime Crimes in Somalia and regional states and Somaliland.
2) Conduct a Desk harmonization review of existing maritime related legislation in line with International norms, and practices in particular Somali Maritime Code.This would entail literature review and visits to the country to meet officials in specific areas.
3) Propose a Draft Comprehensive Maritime Law for discussion with stakeholders and conduct two Validation workshop With Somali policy makers. (Financial support for the workshops will be covered by IGAD)
4) Develop a Draft IGAD’s Handbook manual on Maritime Security for justice and law enforcement users of Somali entities.
5) Conduct two customized training workshops, in law enforcement, for judicial officials, in particularly, mid-rank & senior level. (Financial support for the workshops will be covered by IGAD)
The selected consultant shall report to MASE Regional Coordinator who will be the overall technical responsible person for the assignment. During this consultancy and under the supervision of MASE Regional Coordinator, the expert will maintain regular contacts with target groups to ensure smooth implementation of the assignment.
3.1 Prepare and submit an Inception Report detailing the method of execution
and a proposed work plan to be adopted.
3.2 Collect and collate various legislation, code and regulations pertaining to maritime domain in use in Somalia. And conduct field missions to accessible areas in Somalia regional states and Somaliland i.e Hargeisa , Garowe and Mogadishu in the case of the latter if the security situation permits.
3.3 Produce the relevant Draft Somali Maritime Code and submit for stakeholder's validation i.e. policy makers. 4
3.4 Develop a Draft IGAD’s technical manual for stakeholder's use i.e. justice and law enforcement officials in the member state.
3.5 Conduct two customized training workshops on IGAD's manual.5
3.6 Submit a Final report
IV. Duration period
Duration of the Assignment – maximum of 50 working days over 5 months
The assignment will start on February 2017 to June 2017
A Master's degree in Social Sciences i.e. Public Administration, Economics and Development
At least 15 years of proven extensive working experience in conducting similar assignments and settings
Strong background and knowledge in the comparative legal research with experience in harmonization of legal frameworks.
Experience of maritime legal frameworks including UNCLOS, SOLAS domain issues.
Facilitation skills and ability to conduct effective focused group discussion among different stakeholders.
VI. Skills and Abilities
Excellent written, verbal, organizational, analytical and interpersonal skills. - Fluency in written and spoken English
Basic knowledge of local environment and exposure.
Skills in writing reports and reviews, delivering presentations and defending recommendations.
Ability to organize a workshop among different sectors of stakeholders (civil society, government, private).
(a) Application procedures
Applications shall include:
1) Application letter of the consultancy firm/ expert
2) Detailed Curriculum Vitae and scanned copy of Certificates and relevant testimonials on experiences