
Ministry of Justice and Constitutional Affairs (MoJC) of Somalia
Assessment of Policy and Legislative Situation of Alternative Care in Somalia
Federal MOJCA TOR for Assessment on policy and legislations of National Alternative Care in Somalia |
Job Code Title
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Assessment of Policy and Legislative Situation of Alternative Care in Somalia |
Location | Banadir/Mogadishu, Jubaland Kismayo, Puntland Garowe, South west/Baidabo, Hirshabele/Jawhar and Galmudug/Dusomareb. |
Type of Contract | National Institutional Consultancy |
Languages Required | English, Somali |
Duration of Initial Contract | 30 working days |
Introduction and Ministry Role
The Federal Ministry of Justice and Constitution Affairs (MOJCA) is the lead administrator of Justice in Somalia. It is in charge of legal drafting, correctional services, providing legal advisory services to the government and the community, supporting the legal frameworks for good governance, addressing the public grievances on justice services, and analyzing justice issues in the country. One of the MOJCA’s core mandates addresses the child’s access to the justice system and promotes child rights. The MOJCA has implemented various projects, including but not limited to the advocacy of vulnerable people, child rights, and child protection, focusing on child justice. The Ministry also coordinates with the line ministries in the FGS and FMS as well as all actors working on these front lines to coordinate national policies regarding the child justice/protection and child rights for those the most vulnerable. Still, there are many children at risk, especially children without adequate family care who are in need of alternative care options.
Background
Since Somalia ratified the Convention on the Rights of the Child (CRC) in 2015, progress has been made in developing policies and legislation and expanding coverage of social services to enable the realization of child rights. However, the CRC domestication and implementation remain critical issues in the country. One of the key obstacles is reflected in the 2022 Concluding Observations of the Committee on the Rights of the Child (CRC Committee), upon considering the initial report of Somalia in 2022. The CRC Committee urged the state to accelerate ongoing consultations and to withdraw its interpretative reservations to articles 14, 20 and 21 and its general reservation to any other provision contrary to Sharia law. The CRC Committee also expressed serious concern about the fact that the state does not have either an alternative care policy or regulations and monitoring of children placed in community-based care or kinship care arrangements.[1]
The government is obliged to provide care to children without parental care, according to Article 29 (3) of the Federal Constitution. The last 35 years of conflict left many children orphans, many of whom live and work in the street, and some are the primary providers for their families. In the case of children in street situations and children of unknown parents, the State should provide absolute protection and care. Additionally, children who are separated from their usual caregivers are a severe cause for concern in Somalia. Family separations are mainly triggered by wars and conflict as well as climate induced emergencies such as drought and flooding, which requires a movement to safety. Poverty is a significant problem. Some caregivers rely financially on their children. Many of these children do not go to school because they engage in activities to support themselves and their families. The schedules of mainstream education programs do not match with their daily routines. Most children separated from their usual caregivers live in internally displaced persons (IDP) camps and those coming from drought and armed conflict-affected areas. The government has created some alternative care programs for the most vulnerable children. An example is the establishment of orphanage centers in Banadir, Puntland and Somaliland by Somalia Federal government. These centers provide alternative care arrangements, educational facilities and services that go beyond primary education and support but there is no gate keeping guidelines that ensure the most suitable care settings for children without adequate parental care nor are there adequate programs to support families and prevent their separation. Moreover, there are risks that children in facility-based care (including orphanages) become institutionalized which hinders a child’s emotional and cognitive development and denies them the right to a family. There are also underlying challenges these children face. Some face physical punishment, sexual abuse, child abuse and child labour. Most of them do not have adequate shelter and protection. The programs run by the government have funding limitations not to mention how the services are few and concentrated only in some urban centres. There are also inadequate referral mechanisms between different agencies to address children who are abused and violated. Moreover, child protection systems do not exist in many of the rural and pastoralist areas. The MoJCA-UNICEF partnership on ‘Child Access to Justice’ programme aims at strengthening child friendly and gender sensitive justice system through policy and legislative reforms, institutional capacity development, planning, monitoring and information management, in order to ensure better adherence to national and international standards. To date, the MOJCA has developed Juvenile Justice Bill (JJB) – under first reading of Parliament currently- and is working closely with the Ministry of Family and Human Rights Development on the finalization of the Child Rights Bill. Moreover, MoJCA finalized a Diversion Policy, age verification guidelines and minimum standards for children in detention. The current legislative framework, procedures, and capacities of Somalia’s justice system, do not sufficiently protect the most vulnerable children who need access to alternative care options. In order to address these challenges, the MOJCA, in partnership with UNICEF, is seeking the service of an expert research consultancy firm to undertake an assessment of the policy and legislative situation of alternative care for children in Somalia, and propose a framework and methodology for designing alternative care options in line with national and international standards and in consultation with key stakeholders (line ministries, courts, prosecutors, police, implementing partners and children themselves). |
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Description of Responsibilities |
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Objective of the Assessment:
Overall, the assessment aims to support the MOJCA in their efforts to improve the current policy and legislative environment in relation to national alternative care within the context of justice and the wider child protection system by identifying major policy/legislative gaps as well as abuses that occur within the system and provide recommendations for future decision making to improve policy and regulations of alternative care. Specifically, the primary responsibilities will include the following:
Scope of the Assignment: The consultancy firm will work closely with the MOJCA for the duration of the assignment. The assessment shall be conducted in a participatory manner to the maximum extent possible. The consultancy firm will lead on the execution of the assignment from inception to final reporting. The geographical study areas that should be covered are: Banadir/Mogadishu, Juba-land Kismayo, Punt-land Garowe, South west/Baidabo and Galmudug/Dusomareb. Through a consultative process, the assessment shall target all relevant groups, including government administrations and non-government organizations through interviews, focus groups and consultations to collect data and information. In order to propose necessary steps to design alternative care options in line with national and international standards, the consultancy firm shall be guided by the UN General Assembly Resolution 64/142 Guidelines for Alternative Care, in particular including, “efforts to keep children in, or return them to, the care of their family or, failing this, to find another appropriate and permanent solution, including kafala of Islamic law” (page 2). The consultancy firm will engage consultations of key stakeholders (like relevant international partners) and also prepare a presentation with main findings and recommendations for validation and submit a final report to the MOJCA. Main Tasks and Deliverables of the Assignment: The consultancy firm is expected to conduct the following tasks:
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Methodology of the assignment
Ethical considerations required. This process of assessment requires ethical clearance as well as very strong safeguarding mechanism. The consultancy needs to elaborate clearly on how they will apply ethical considerations on research involving with children and how they will protection the ethics, safety and avoid harm in the proposal and during inception meeting. |
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Institutional and Working Arrangements |
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Deliverables
The interested qualified consultancy firms are expected to submit a technical and financial proposal, CVs of key experts, Valid Licence and CTC for this consultancy. Payment terms Payment will be made in 2 instalments and upon delivery of the services specified in the TOR. Competencies Core Competencies
Functional Competencies
Experience and qualification requirements Education
Experience
Languages
MOJCA 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 confidentiality. Assessment Process and Methods The interested qualified consultancy firms are expected to submit a technical and financial proposal for this consultancy. The consultancy firm will be selected pursuant to a review based on below criteria:
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VIII. How to apply
Qualified Consultancy firms with the required skills and qualifications are invited to submit: ü CVs for the team composition and experience ü Consultancy Firm Profile & experience background ü Technical and Financial Proposal for the study ü Government Registration (Valid Licence and TCC) ü Latest Tax clearance Certificate (TCC) within Quarter 2025 ü 2 Reference with their details. How to Apply: Interested candidates should submit their applications via e-mail procurement admin.finance@moj.gov.so not latter 09-Feb 2025 at 12:00AM in Somalia time. |

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To apply for this job email your details to admin.finance@moj.gov.so