FEDERAL GOVERNMENT OF SOMALIA

MINISTRY OF FAMILY AND HUMAN RIGHTS DEVELOPMENT

TERMS OF REFERENCE

Independent Consultant for the Comprehensive Assessment of Discriminatory Laws and Policies and Development of a Legal Reform Roadmap

The consultant shall prepare agendas, briefing materials, presentations, facilitation plans, attendance records, meeting notes and a consolidated comments and response matrix. Participation shall be balanced, accessible and designed to enable meaningful contributions rather than endorsement only.

1.  Discriminatory laws and policies assessment matrix

The editable assessment matrix shall contain, at minimum, the following fields:

1. Reform options and legal reform roadmap

• Prepare reform options for every confirmed discriminatory provision or material protection gap, explaining legal consequences, institutional implications, feasibility and potential unintended effects.

• Develop concise drafting instructions or model amendment language for a limited set of highest priority provisions agreed with the Ministry. These products will inform, but not replace, formal government legislative drafting and approval processes.

• Classify actions as immediate administrative measures, short term legal amendments, medium term legislative reform or longer term structural and institutional action.

• Identify quick wins that can be implemented through guidance, regulation, procedure, budget instruction or institutional practice while legislation is pending.

• Specify lead and supporting institutions, parliamentary route, federal and state coordination needs, resource requirements, risks, safeguards, indicators and reporting arrangements.

• Include an advocacy and stakeholder engagement plan that supports government ownership, informed public dialogue and evidence based communication.

2. Validation and finalization

• Submit the complete draft assessment, matrix and roadmap for Ministry technical review.

• Present the draft at the 

• Technical validation meeting and accurately document decisions, reservations and unresolved matters.

• Revise, edit and proofread all products and submit final English versions together with an executive summary in Somali. Translation of the complete report shall be included only if confirmed in the contract and budget.

• Provide all datasets, matrices, presentations and tools in editable formats and deliver a structured handover briefing to the Ministry.

5. Key Assessment Questions

1. Which provisions explicitly differentiate on the basis of sex or gender, and what legal rights, duties, remedies or opportunities do they affect?

2. Which neutral provisions or procedures produce disproportionate or exclusionary effects for women and girls?

3. Where do omissions or weak remedies leave women and girls without adequate legal protection, access to justice or accountability?

4. Which laws or policies are inconsistent with the Federal Constitution, higher order law or Somalia’s applicable treaty obligations?

5. How do discrimination and legal barriers differ for women with disabilities, displaced women, minority women, rural women, young women, widows and survivors of violence?

6. What institutional, procedural, evidentiary, financial or social barriers prevent implementation of existing equality guarantees?

7. What reform action is legally appropriate and feasible for each finding, and which institution has authority to initiate and complete it?

8. Which reforms should be prioritized within 12 months, 1 to 3 years and 3 to 5 years, and what dependencies or risks affect sequencing?

9. What indicators and accountability mechanisms will allow the Ministry and partners to monitor progress and substantive equality outcomes?

1. Deliverables and Schedule

1. Duration and Level of Effort

The assignment will require 30 calendar days from the date of contract signature. The consultant shall organise parallel research, consultation and drafting streams where appropriate and propose a realistic work plan that preserves sufficient time for source verification, institutional review, consultations and quality assurance. Any change to the approved schedule requires prior written approval from the Ministry.

2. Methodological and Quality Standards

• Use authoritative primary legal texts wherever available and clearly label unofficial translations, draft bills, repealed provisions, uncertain status and secondary summaries.

• Cite the exact article, section or policy provision for every legal finding and maintain a complete source register.

• Separate verified facts, stakeholder opinion, legal interpretation and consultant recommendation.

• Apply a gender responsive, intersectional and rights-based analysis focused on substantive equality and practical outcomes.

• Use accessible and participatory methods and disaggregate consultation participation by sex, institution, jurisdiction and relevant representation category.

• Present recommendations that are legally coherent, institutionally feasible, cost conscious and linked to the responsible authority and decision pathway.

• Use clear professional English, consistent terminology and Ministry approved formats. Somali summaries and terminology shall be accurate and professionally reviewed.

• Maintain version control, respond systematically to comments and submit clean final files without unresolved tracked changes or drafting notes.

3. Stakeholders

The final stakeholder list will be approved during inception. It is expected to include:

• Ministry of Family and Human Rights Development and counterpart ministries in Federal Member States and Banadir Regional Administration.

• Ministry of Justice and Constitutional Affairs, Office of the Attorney General, Office of the Prime Minister and relevant line ministries and agencies.

• Relevant committees and legislative offices of the House of the People and Upper House.

• Judiciary, police, custodial, legal aid and other justice and security institutions, subject to mandate and availability.

• National Independent Human Rights Commission, National Disability Agency and other relevant oversight or independent bodies.

• Women led and women’s rights organizations, bar and professional associations, universities, researchers and legal practitioners.

• Representatives of women with disabilities, displaced and returnee women, minority women, rural women, young women and other groups facing intersecting discrimination.

• Religious and traditional leaders with relevant legal, social and community expertise.

1. Governance Reporting and Supervision

The consultant will report contractually to the Ministry. No product will be considered final until formally approved by the Ministry following the agreed technical review and clearance process.

1. Ethical Safeguarding and Data Protection Requirements

• Apply do no harm, informed consent, confidentiality, nondiscrimination, accessibility and survivor centred principles throughout the assignment.

• Do not seek personal testimony from survivors of violence unless the Ministry expressly approves a specialist protocol, referral pathway and qualified facilitation arrangement.

• Avoid collecting unnecessary personal identifiers or sensitive case information. Anonymise consultation evidence and quotations unless explicit informed consent is documented.

• Use secure, access-controlled storage and transfer arrangements for working files, consultation notes and participant information.

• Provide safe and accessible participation arrangements for persons with disabilities and participants facing language, mobility, security or technology barriers.

• Immediately report safeguarding, sexual exploitation and abuse, harassment, data breach or security concerns through the Ministry’s designated procedures.

• Comply with Ministry policies on safeguarding, prevention of sexual exploitation and abuse, prevention of harassment, confidentiality and ethical conduct.

2. Required Qualifications and Experience

The consulting firm shall:

1. have at least six years of relevant experience in legal and policy analysis, gender equality, human rights, FGM or ethical media reporting.

2. Demonstrate completion of at least two comparable assignments.

3. Possess strong knowledge of Somalia’s federal, constitutional, legislative and institutional context.

4. Demonstrate experience in high-level stakeholder consultations and developing practical, gender-responsive recommendations.

5. Propose a qualified multidisciplinary team. The Team Leader must hold a law degree, have at least six years of relevant experience, and be fluent in Somali and English.

6. Demonstrate independence, integrity, cultural competence and availability to complete the assignment within 30 calendar days.

Application Requirements

Interested firms shall submit:

1. Cover letter confirming interest and availability;

2. Technical and financial proposal, methodology and 30-day work plan;

3. Company profile and registration documents;

4. Proposed team structure, CVs and relevant qualifications;

5. At least two samples of comparable assignments;

6. Signed declaration of availability, independence and absence of conflicts of interest.

1. Ownership Confidentiality and Intellectual Property

• All reports, matrices, databases, tools, presentations, notes and other products created under the assignment are the property of the Ministry of Family and Human Rights Development.

• The consultant shall not publish, reproduce, share or use assignment products or non public information without prior written authorization from the Ministry.

• The consultant shall disclose any actual or potential conflict of interest and shall not accept instructions from a stakeholder whose interest’s conflict with the assignment.

• Confidentiality and data protection obligations continue after completion or termination of the consultancy.

2. Financial Proposal and Payment Schedule

The consultant shall submit a lump sum financial proposal covering all professional fees and anticipated assignment costs. Payment is conditional on satisfactory quality, timely submission and written approval after the submission of the final product 100%.

3.   Performance Standards

• Accuracy and completeness of the legal inventory and article level citations.

• Strength of gender, human rights, constitutional and implementation analysis.

• Quality, inclusion and documentation of technical and consultative meetings.

• Clarity, feasibility, prioritization and institutional ownership of reform recommendations.

• Timeliness, responsiveness, version control and professional communication.

• Compliance with ethical, safeguarding, confidentiality and data protection requirements.

• Quality and usability of final English and Somali outputs and editable tools.

4.  Application Requirements

1. Cover letter confirming interest, independence and availability.

2. Technical proposal demonstrating understanding of the assignment and proposed methodology.

3. Detailed work plan aligned with the 30 calendar day schedule.

4. Financial proposal with total lump sum and clear cost assumptions.

5. Current curriculum vitae.

6. Copies of relevant academic and professional qualifications.

7. At least two relevant writing samples or links to comparable legal assessment work.

8. Contact details for three professional references.

9. Signed declaration of conflicts of interest, confidentiality and availability.

1. Evaluation Criteria

Only applicants who satisfy all mandatory requirements and obtain at least 70 percent of the available technical score will proceed to financial evaluation, subject to the applicable procurement rules.

1. Submission Instructions

Applications shall be submitted in accordance with the Ministry’s solicitation notice using the following information:

Annex 1 Required Structure of the Final Assessment

• Executive summary and priority decisions.

• Methodology, scope, limitations and source verification statement.

• Constitutional, legal and policy context.

• Findings by thematic area and jurisdiction.

• Analysis of direct, indirect, structural and intersectional discrimination.

• Institutional and implementation analysis.

• Consolidated discriminatory laws and policies matrix.

• Legal reform options and drafting instructions for agreed priorities.

• Prioritized and cost aware legal reform roadmap.

• Monitoring, accountability and reporting framework.

• Consultation summary and comments and response matrix.

• References and verified source register.

Annex 2 Indicative Thematic Review Areas