Federal Republic of Somalia

Ministry of Interior, Federal Affairs & Reconciliation (MoIFAR)

Terms of Reference (TOR) for Expert Research Consultant

Job Title: Expert Research Consultant

Program: Qualitative Study on the Situation of Statelessness Groups and Individuals at Risk in Somalia

Location: Mogadishu

Reporting Line: MoIFAR and UNHCR

Duration: Three months

Background

The United Nations General Assembly has mandated the United Nations High Commissioner for Refugees (UNHCR) to support States in their responsibilities to identify and protect stateless persons and to prevent and resolve situations of statelessness. Statelessness activities are implemented by UNHCR, Governments and partners in line with the Global Action Plan to End Statelessness 2014 – 2024, which provides a guiding framework for ending statelessness by 2024[1].

The proposed study will focus on existing needs and progress pursuant to Action 10: improving quantitative and qualitative data on stateless populations. UNHCR has been protecting stateless persons since it began operations in 1950 with its role and responsibilities to address statelessness.

A series of UN General Assembly resolutions have confirmed UNHCR’s mandate to address statelessness through a four-pronged approach that was developed by UNHCR’s Executive Committee. This approach requires UNHCR to work with Governments, UN agencies, and civil society through the following activities:

1. Identification: Gather or map information and data on statelessness to include the scale of the problem and the profile of the population affected;
2. Prevention: Address the causes of statelessness , for example by adopting safeguards in nationality laws and promoting accession to the 1961 Convention;
3. Reduction: Support legislative changes and improvements to procedures to allow stateless people to acquire nationality and help individuals take advantage of these changes; and
4. Protection: Intervene to help stateless people to enjoy their rights and promote accession to the 1954 Convention relating to the Status of Stateless Persons.

In Somalia, statelessness has its roots in colonial history that resulted in the arbitrary delineation of borders which divided many ethnic groups between two or more countries,  forced movement of populations, and discriminatory laws and systems. The challenges created by protracted conflicts, forced displacements, and the lack of  civil registration and identification system for the population exacerbated the situation. The UNHCR regional study on statelessness and citizenship in the Horn of Africa, December 2021[2] identified factors contributing to potential risk of statelessness in Somalia. The identified factors include gaps in nationality laws, gender discrimination, weak administrative procedures, and ineffective identification systems, among others.

The Federal Government of Somalia (FGS) adopted the National Action Plan (NAP) to End Statelessness (2021-2024) in June 2021 based on the findings of the Regional statelessness Study conducted in late 2020 and early 2021 as well as the multi-stakeholder technical workshops, commitment and pledges made by the FGS during the High-Level Segment on statelessness (HLS) convened on 7 October 2019 by UNHCR. The FGS pledges during the HLS were:

1. By 31 December 2020, the Government of the Federal Republic of Somalia commits to accede to the 1954 Convention relating to the Status of Stateless Persons and to the 1961 Convention on the Reduction of Statelessness.
2. By 31 December 2020, the Government of the Federal Republic of Somalia commits to conduct and publish a qualitative study to understand better the situation of stateless groups and individuals, and groups at risk of statelessness living in its territory with a view to finding a solution to their situation.

Due to disruptions caused by the COVID-19 global pandemic and reprioritization of goals, the Federal Government was not able to fulfill  the above-mentioned pledges. However, the government prioritized the development of the National Action Plan which provides an opportunity to operationalize and implement its pledges in a strategic and policy-driven manner.

Operational Context and Rationale of the Study   

Generally, there is limited knowledge and understanding of statelessness issues among various shareholders in Somalia. The lack of data on the populations at risk of statelessness and the reasons they are at risk exacerbates the situation, thus making it extremely difficult to develop effective policies and interventions to address the issue.

The national census, which provides an opportunity to establish better baseline data on the number of Somalis and aliens whose lack of documents may place them at risk of statelessness, was last conducted in 1985/1986. The final report was not formally published.

From late 2013 to early 2014, the FGS conducted a countrywide National Population Estimation Survey in collaboration with the international community. The survey produced the first comprehensive estimates of the Somali population in over four decades. The survey collected information from Somali women and men residing in 250,000 urban, rural, nomadic settings, and IDP settlements. In addition, the report provided crucial information on the size, sex, and age of Somali citizens and their distribution in the 1991 pre-war regions.

However, the survey did not focus on stateless populations and those at risk of statelessness, including identifying problems related to discrimination based on sex or other grounds. Therefore, there is a need to conduct a survey study to assess and establish the scope of statelessness, its causes, the populations at risk; and find effective mechanisms to improve identification, prevention, reduction, and protection of stateless population at-risk groups.

The FGS recognizes the importance of obtaining data and information on the causes of statelessness and the scope of statelessness in Somalia. In this regard, the government is committed to honoring its pledges made during the HLS through conducting a qualitative study on statelessness and gathering data on the scope of statelessness in the country.

Accordingly, this proposed study will facilitate the FGS to fulfill one of the two pledges, and the following section explains the objectives and scope of the study.

Objectives and Scope of the Study

The consultancy outlined in this ToR will support implementation of the afore-mentioned study that will contribute to better understanding of the situation of stateless groups and individuals in Somalia. Specifically,the consultancy will collect qualitative data through desk research (document analysis), questionaires, and interviews. This information is important and needs to be included in efforts geared towards law reform. Law makers will require justification based on number of projections and empirical studies in order to objectively debate and approve any laws on statelessness.  The study will also focus on the main groups and individuals at the risk of statelessness, their geographical spread, the causes, scale, and magnitude of the problem; and provide policy recommendations to prevent statelessness and to take actions for resolving existing cases.

The specific activities of the consultancy will ential:

• Analyse the legal, political, administrative and institutional framework in Somalia to identify the gaps and deficiencies leading/ potentially leading to statelessness/ risk of statelessness.
• Analyse the laws and regulations related to nationality as well as their effective implementation and practices related to civil registration, issuance of civil documents, including birth certificates, passports, and national identity documents,  in order to highlight the legal and administrative procedures   leading  or possibly contributing to statelessness.
• Identify the stateless populations/groups of populations as well as populations/groups of populations at risk of statelessness; and collect information in relation to their socio-demographic profile, characteristics, situations, and location.
• Analyse the situations of stateless persons, and those at risk of statelessness, and identify the cause of statelessness/ risks of statelessness as well as register the impact of statelessness in the enjoyment of fundamental rights and in accessing basic services, as well as any other obstacles encountered by stateless populations/populations at risk of statelessness.
• Conduct a desk review and mapping of the government authorities and NGOs dealing with statelessness people, refugees, and migrats to obtain possible data on the status and scope of stateless persons and information on groups at risk of statelessness.
• Map the actors, areas/scope of intervention, and the review of the effectiveness of their interventions.
• Analyse the difficulties encountered by migrants in Somalia and Somali migrants living abroad, with regards to the confirmation of their identity and nationality.
• Analyse the links between migration and statelessness.
• Analyse the mechanisms for the identification and the situation of stateless persons (in situ and migrants).
• Analyse the situation of former refugees with regards to access to documentation and confirmation of nationality.
• Analyse existing measures of participating in the reduction of statelessness, through naturalisation procedures and other measures in place, to address prolonged statelessness situations.
• Identify existing good practices and analyse obstacles and challenges towards possible solutions in the national context.
• Draft recommendations aiming at improving the legal and administrative framework, as well as practices, in order to reduce and prevent statelessness and protect stateless persons.
• Collect information on the self-perceptions of stateless persons and persons at risk of statelessness on their situations. Also, collect information on the perceptions of the general population and the authorities about stateless persons and persons at risk of statelessness.
• Develop recommendations to facilitate service provision and programs that identify, prevent, and reduce statelessness as well as safeguard the rights of stateless populations in Somalia.

Supervision

The expert research consultant (hereafter ‘consultant’) will be under the supervision of the Ministry of Interior, Federal Affairs and Reconciliation (MoIFAR) with technical support from protection staff from UNHCR Representation Office in Somalia (UNHCR RO). The consultant will also seek cooperation with other project partners and UNHCR technical sections.

Deliverables

• Inception Report: This should include a research methodology, including data collection techniques and analysis tools to map and estimate the stateless population and those at risk of statelessness in Somalia. The inception report shall include a rapid mapping of stakeholders who possess information and influence to raise awareness and promote action to reduce risks of statelessness. The inception report shall deliver literature review of existing research/evidence on persons at risk of statelessness, e.g. asylum-seekers, refugees, IDPs, cross-border populations, etc., in Somalia. It should also propose the study timelines and logistical plan, sampling plan and target locations, enumerator’s selection criteria, and training plan.
• Technical Report: The technical report should provide the background of the study, its objectives and methodology. It should also provide details aligned to the overall and specific objectives of the study mentioned above. The report should include clear maps and high-resolution photographs as appropriate. It should be based on a desk-based analysis and field survey, as well as propose specific intervention strategies and delivery modalities. The consultant should also provide cleaned datasets within the agreed deadline. The consultant(s) will be required to validate the study findings and recommendations with key stakeholders.
• Final Report (long and Executive seummary: This should summarize the technical report’s main findings, significant issues, conclusions, and recommendations in a highly readable and concise manner in Somali and English. The final report should be suitable for key decision-makers, including high-level government officials and decision-makers, MPs, donors and international organisations.

Duration This consultancy duration is expected to be ninety (90) days – starting from the date the contract is signed by both partiesMonitoring controls

• Timely and accurate reporting to MoIFAR, UNHCR, and other partners on project progress.
• Timely administration of project agreements including budget adjustments, amendments, and official correspondence with MoIFAR and UNHCR

Responsibility

• Work with country operations, partners, and migrants to assess the challenges potentially arising from migration in the context including through identifying protection gaps, challenges, and areas for and ways to achieve improvement.
• Ensure that reporting and recommendations are forward-looking, with a view to prepare relevant stakeholders for protection challenges faced by  stateless groups and individuals .
• Ensure that clear links are made between consultations with different stakeholders are framed within current legal realities.
• Ensure that findings are coherently presented, and accessible to a range of stakeholders, including non-legal entities and expertise.
• Actively build relationships with key stakeholders at the field level.