Constitutional Law Expert – Mogadishu, Somalia

CTG

Constitutional Law Expert – Mogadishu, Somalia

Vacancy id VAC-10153
Job title VAC-10153 Constitutional Law Expert
Location Mogadishu
Apply by 19-Sep-2023
Start date 01-Sep-2023
Duration 4 months
Number of vacancies 2
Qualification Master’s in Law specialising in Constitutional Law or a relevant area or Bachelor’s Degree in Law with a minimum of 2 additional years of experience in Law, specialising in Constitutional Law or a relevant area (essential).
Sector experience Minimum of 10 year/s of demonstrable relevant Law experience (essential).
Geographical experience Minimum of 10 year/s of experience in Africa (essential).
Languages Fluent in English (essential).
Fluent in Somali (essential).

Job description

CTG overview

CTG staff and support humanitarian projects in fragile and conflict-affected countries around the world, providing a rapid and cost-effective service for development and humanitarian missions. With past performance in 17 countries – from the Middle East, Africa, Europe, and Asia, we have placed more than 20,000 staff all over the world since operations began in 2006.

CTG recruits, deploys and manages the right people with the right skills to implement humanitarian and development projects, from cleaners to obstetricians, and mechanics to infection specialists, we’re skilled in emergency response to crises such as the Ebola outbreak in West Africa. Key to successful project delivery is the ability to mobilise at speed; CTG can source and deploy anyone, anywhere, in less than 2 weeks and have done so in 48 hours on a number of occasions.

Through our efficient and agile HR, logistical and operational services, CTG saves multilateral organisations time and money. We handle all our clients’ HR related issues, so they are free to focus on their core services.

Visit www.ctg.org to find out more

Overview of position

The Somali constitutional review process has gained momentum again. Under the leadership of the Office of the President & the Ministry of Justice & Constitutional Affairs, the negotiations between the Federal Government & the Federal Member States have recommenced & produced 1st results in the form of agreements concluded by the National Consultative Council (NCC). These so called NCC agreements are already providing guidance on a number of the open questions of the Somali constitutional review process, most importantly on the justice model, the security architecture, the allocation of powers & competencies, the management & allocation of revenues from natural resources & the organisation of elections on all levels of government in the Federal Republic of Somalia. The OC of the 11th Parliament has been established, the committee elected its leadership & the delegates from the Federal Member States have been appointed as per Article 133 of the Somali Provisional Constitution. The ICRIC has been reestablished & the delegates from the Federal Member States have been appointed as per Article 134 of the Somali Provisional Constitution. Now, the Somali government institutions responsible for the Somali constitutional review process, i.e. OC, ICRIC & MoJCA have renewed the Memorandum of Understanding regulating their cooperation & developed a joint workplan for the constitutional review process. According to this workplan, the MoJCA will need to support the Office of the President with the preparation & facilitation of the next NCC meetings, where the remaining political questions of the Somali constitutional review process will be decided upon by the Federal President & the Presidents of the Federal Member States, while the OC & ICRIC will need to start now to further advance the comprehensive constitutional amendment document on the basis of the agreements already concluded by the NCC. Following their request, the consultancy aims at supporting the OC & ICRIC with the incorporation of NCC agreements in the comprehensive draft constitutional amendment document & facilitating debates in the Somali Federal Parliament on the adoption of the draft constitutional amendment document by explaining draft constitutional amendments & supporting the legal capacity building efforts of the Max Planck Foundation for International Peace & the Rule of Law for members of parliament on comparative constitutional law matters or relevance to the Somali constitutional review process.

For that purpose, a Somali Constitutional Expert will be recruited, who will be included in the existing support project for the Somali Federal Parliament of the Max Planck Foundation for International Peace & the Rule of Law & support the OC & ICRIC in analysing NCC agreements & incorporating them in the comprehensive draft constitutional amendment document, as well as facilitate legal capacity building & parliamentary debates of members of the Somali Federal Parliament.

Project background & context:

  • This Terms of Reference (TOR) forms a part of the Partnership Coordination Facility Project for Somalia, an initiative under the aegis of the European Union (EU). This project dovetails with the achievements made in state building, democratisation, federalisation, security & rule of law in Somalia. It aligns with the overarching objectives of the Governance Consolidation Program for Somalia (GOVCON).
  • The project underscores the promotion of an inclusive & transparent electoral process, support for operational aspects of elections & addresses emergent governance priorities in Somalia. The involvement of experts within this project is vital, as they contribute their expertise across these pivotal areas, thereby playing a critical role in the overall success of the project & the advancement of its inclusive politics agenda.
  • These terms of references specify the tasks & responsibilities for a Somali Constitutional Law Expert to be recruited for the support of the Constitutional Oversight Committee of the Somali Federal Parliament (OC), the Independent Constitutional Review & Implementation Commission (ICRIC) & the Ministry of Justice & Constitutional Affairs (MoJCA) on their tasks related to the Somali constitutional review process.

Role objectives

Under the supervision of the Senior Project Manager & Max Plank the Legal Advisor will be responsible for the following tasks:

  • Supporting the OC & ICRIC as Somali legal language expert & resource person.
  • Providing legal advice & counsel to the OC & ICRIC..
  • Providing legal analysis of the decisions of the NCC in relation to the Somali constitutional review process as per the request of the OC & ICRIC.
  • Providing legislative drafting support for the development of draft constitutional amendments as per the request of the OC & ICRIC.
  • Providing technical & legal advice for the OC & ICRIC on the preparations for the presentation of draft constitutional amendments to the Somali Federal Parliament, members, committees & leadership.
  • Providing support for the preparations & facilitation of parliamentary debates draft constitutional amendments upon request of the OC & ICRIC.
  • Supporting the Max Planck Foundation for International Peace & Rule of Law in providing technical & legal advice for the members, committees & leadership of the Somali Federal Parliament on matters related to the Somali constitutional review process.
  • Supporting the Max Planck Foundation for International Peace & Rule of Law in providing legal capacity building workshop for the members, committees & leadership of the Somali Federal Parliament on matters related to the Somali constitutional review process.

Project reporting

  • This role reports to the Project Manager.

Key competencies

  • A minimum of 10+ years demonstrable professional experience as a Lawyer / Legal Advisor.
  •  Possess in depth knowledge & expertise in Somali constitutional law, international human rights law & relevant legal frameworks. Stay updated with legal developments & demonstrate a strong understanding of the constitutional review process.
  • Demonstrate excellent communication & interpersonal skills to engage & collaborate with a wide range of stakeholders, including state actors, civil society organizations & community representatives. Present legal concepts & findings in a clear & concise manner.
  • Provide high level legal support & advice to state actors in a client focused manner, understanding their needs & tailoring legal work to meet those requirements. Maintain a customer oriented approach in all interactions.
  • Demonstrate the ability to work under pressure & adapt to changing circumstances & project dynamics. Respond effectively to unforeseen developments & adjust work priorities accordingly.
  • Apply critical thinking & analytical skills to identify constitutional issues, evaluate legal arguments & propose evidence based solutions. Conduct thorough legal research & analysis to inform decision making.
  • Work effectively within a multidisciplinary team, fostering a collaborative & inclusive work environment. Respect diverse perspectives, contribute to team objectives & share knowledge & expertise with colleagues.
  • Demonstrate a focus on achieving results & delivering high quality work within established timelines & project goals. Take ownership of assigned tasks & proactively seek opportunities for improvement.
  • Identify & address complex constitutional challenges through innovative & practical problem-solving approaches. Anticipate potential legal implications of proposed amendments & provide recommendations to mitigate risks.
  • Exhibit respect for cultural diversity, local norms & values. Understand & navigate the cultural context of Somalia to ensure inclusive & culturally appropriate approaches in the constitutional review process.
  • Uphold the highest ethical standards in the practice of law, maintaining integrity, impartiality & confidentiality. Adhere to professional codes of conduct & legal ethics, acting in accordance with our clients values.
  • Fluency in Somali & English is required (oral & written).

Team management

  • This role has no team management responsibility.

Further information

  • Qualified female candidates are encouraged to apply for this role.
Disclaimer: At no stage of the recruitment process will CTG ask candidates for a fee. This includes during the application stage, interview, assessment and training.

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