Hiring Consultant/Firm for Legal Advisory Services for the National Independent Human Rights Commission (NIHRC) Candidate Selection Process

Ministry of Family and Human Rights Development (MoFHRD)

Terms of Reference (ToR)

Legal Advisory Services for the National Independent Human Rights Commission (NIHRC) Candidate Selection Process 

Date: 5^th of March 2025

Project Name:	Joint Programme on Human Rights – JPHR Phase II
Implementing Partner and Project code:	UNICEF- JPHR/RWP/2025
Title:	Hiring Consultant/Firm for Legal Advisory Services for the National Independent Human Rights Commission (NIHRC) Candidate Selection Process
Activity number:	Activity 18.0
Supervisor:	MoFHRD
Location:	Mogadishu-Somalia
Duration of contract:	3.5 months
Reference number	MoFHRD/18.8

1. Background

The Federal Government of Somalia (FGS) is committed to establishing the National Independent Human Rights Commission (NIHRC) in full alignment with Article 111B of the Provisional Federal Constitution and Law No. 16 of 27 June 2016, and in strict adherence to international benchmarks—particularly the Paris Principles and the GANHRI General Observations. The NIHRC will promote, protect, and monitor human rights across Somalia.

Law No. 16 mandates a multi-stage, open, and transparent process for selecting nine Commissioners, underpinned by the principles of independence, impartiality, and inclusivity. To ensure full legal compliance and preserve the integrity of this process, expert legal advisory services are required, in line with both domestic and international standards.

MoFHRD will engage Somali legal experts with specialization in constitutional and administrative law, and international human rights norms. These experts will review all phases of the selection process—from drafting procedural guidelines and public notices, to application screening, development of assessment materials, interview evaluations, and oversight of final appointments. They will ensure the process is transparent, fair, and compliant with all legal frameworks.

Beyond legal compliance, this engagement is intended to identify and resolve complex legal issues that may arise. The experts will conduct risk assessments, draft legal opinions, and propose procedural adjustments. Their involvement aims to safeguard the integrity of the process, uphold the Commission’s independence, and enhance public confidence.

2. Objectives of the Assignment

The main objectives of this assignment are to:

• Provide specialized legal counsel to the Temporary Selection Panel (TSP) and MoFHRD on all procedural and substantive aspects of the NIHRC candidate selection process.
• Ensure full compliance with Law No. 16, the Paris Principles, and GANHRI General Observations.
• Enhance the accountability, transparency, and credibility of the selection process through structured monitoring, detailed reporting, and timely follow-up actions.

3. Scope of Work

The selected Legal Consultancy Firm will undertake the following tasks:

• Legal Framework Analysis

• Review and interpret Law No. 16 (27 June 2016), particularly Articles 8, 15, 16, and 17, as well as relevant provisions of the Provisional Federal Constitution, especially Articles 11(4), 41, and 111B.
• Guide the Temporary Selection Panel (TSP) in applying lawful, inclusive, and merit-based selection criteria.
• Provide legal justification for the enhanced eligibility criteria—including a minimum age of 35 years, Master’s degree requirement (with affirmative exceptions for post-graduate diplomas in law), and at least 10 years of demonstrable experience—as context-specific measures that are permissible under domestic law and constitutionally grounded in Article 11(4) on equality and affirmative action.
• Map international benchmarks—namely the Paris Principles and GANHRI General Observations—onto Somalia’s national procedures and sociopolitical context to assess alignment, highlight normative strengths (e.g., pluralism, merit-based process, affirmative inclusion), and identify remaining gaps or risks to institutional independence, transparency, or accessibility.

• Ensure country-specific considerations—including clan dynamics, security conditions, and challenges related to higher education quality—are integrated into the selection process in a way that aligns with domestic laws and international human rights standards.

• Process Documentation & Templates

• Draft and review all key documents required for the selection process, including:

• Declaration of independence, impartiality, and absence of conflict of interest;
• Public Notice (Call for Applications);
• Standardized Application Form;
• Evaluation sheets for screening applications;
• Templates and evaluation sheets for the written assessment and interview;
• Final scoring matrix for consolidating candidate written assessment and interview evaluations.

• Prepare detailed Procedural Guidelines for the TSP, outlining step-by-step instructions to ensure consistency, transparency, and compliance with legal and international standards.

• Advisory on Eligibility & Vetting

• Advise on candidate eligibility in line with Article 8 of Law No. 16 and constitutional requirements.

• Design and provide a robust vetting protocol, including background checks, integrity declarations, and anti-corruption screening.
  • Handling Complaints & Appeals
  • Establish a legally sound mechanism for receiving, investigating, and resolving selection-related complaints, in line with domestic and international grievance procedures.
  • Draft appeal guidelines and timelines to ensure due process and impartiality.
  • Risk Assessment & Mitigation
  • Identify legal and reputational risks throughout the selection process.
  • Recommend mitigation strategies, including contingency plans for procedural delays or legal disputes.
  • Final Legal Compliance Report
  • Produce a comprehensive report documenting legal compliance at each stage of the selection process.

• • Highlight gaps encountered, corrective actions taken, and recommendations for future NIHRC or similar commission appointments.

4. Methodology

The assignment will adopt a consultative and participatory approach. The Consultant/Firm will work in close collaboration with MoFHRD legal advisors, Temporary Selection Panel (TSP) members, and other relevant stakeholders.

All legal opinions, procedural tools, and templates developed under this engagement will be subject to review and validation by MoFHRD and the TSP prior to final adoption. This inclusive approach will ensure legal accuracy, procedural transparency, and stakeholder ownership throughout the selection process.

5. Expected Deliverables

The selected Legal Consultancy Firm is expected to deliver the following:

• Inception Report: Submitted within 7 days of contract award, this report will outline the consultant’s understanding of the Terms of Reference, the proposed methodology for legal and procedural analysis, a detailed work plan with clear milestones, and an initial inventory of required templates and reference materials.
• Legal Framework Analysis Report: A comprehensive analysis of Law No. 16 of 27 June 2016 and relevant constitutional provisions (Articles 11(4), 41, 111B), assessed against the Paris Principles and GANHRI General Observations. The report will provide a normative and legal justification for any enhanced eligibility criteria (e.g., age threshold, postgraduate qualification, and experience), highlight areas of alignment or divergence, and recommend measures to ensure compliance, pluralism, and legitimacy.

• Process Documentation & Templates: A full set of drafted and reviewed documents and templates to support each stage of the selection process, including:
• Procedural Guidelines for the TSP.
• Declaration of independence, impartiality, and non-conflict of interest for the TSP;
• Public Notice (Call for Applications);
• Standardized Application Form;
• Evaluation sheets for screening applications;
• Written assessment templates and evaluation summary sheets;
• Interview questions templates and evaluation summary sheets;
• Final scoring matrix for consolidating candidate evaluations
• Vetting Protocol & Eligibility Guidance: A clear, step-by-step protocol outlining candidate vetting procedures, eligibility verification, and background checks, including:
• Legal and integrity screening standards;
• Confidentiality safeguards;
• Defined roles, responsibilities, and decision points within the TSP.
• Complaints & Appeals Procedure: Standard operating procedures and tools for receiving, tracking, and resolving complaints and appeals. The documentation will ensure compliance with principles of procedural fairness, transparency, and due process.
• Risk Assessment & Mitigation Plan: Identification and analysis of procedural, legal, reputational, political, and security risks. Corresponding mitigation strategies and a basic monitoring framework to guide the TSP.
• Final Legal Compliance Report with Annexes: A consolidated report reviewing the overall process and deliverables, including formal legal opinions on eligibility and procedural safeguards. Finalized templates and tools, annexed for operational use by the TSP.

6. Required Qualifications and Experience

The Legal Consultancy Firm must demonstrate the following qualifications and competencies:

• Legal Registration: Valid registration and license to operate as a legal consultancy or law firm within the Federal Republic of Somalia, ensuring compliance with national legal requirements and ability to coordinate effectively with local stakeholders.

• Academic Qualifications: At least one senior team member must hold a postgraduate degree in law, preferably with specialization in constitutional law, administrative law, or international human rights law.
• Professional Experience: A minimum of 10 years of relevant legal advisory experience, particularly in areas related to public governance, national human rights institutions (NHRIs), or merit-based public sector selection processes.

• Contextual Experience: Prior experience supporting the establishment or reform of NHRIs or analogous independent commissions in fragile, post-conflict, or transitional contexts, preferably within the Horn of Africa or comparable legal-political environments.

7. Team Composition

The Legal Consultancy Firm’s team must include the following key experts, each bringing relevant expertise aligned with the legal and procedural dimensions of NHRI establishment:

• Lead Legal Advisor: A senior legal expert with a minimum of 10 years of experience in human rights, constitutional law, or institutional legal reform. Responsible for leading the legal framework analysis, providing formal legal opinions, and ensuring compliance with national and international standards (including the Paris Principles and GANHRI General Observations).
• Administrative Law Specialist: A legal practitioner or scholar with at least 7 years of experience in administrative and governance law, public service procedures, and regulatory frameworks. Will contribute to the development of vetting protocols, procedural guidelines, and oversight mechanisms.
• Integrity and Anti-Corruption Expert: A specialist with 5+ years of experience in vetting, integrity assessments, and anti-corruption frameworks, particularly in public appointments or independent bodies. Will provide guidance on background screening procedures, ethical standards, and risk mitigation measures.
• Legal Research Associate: A junior legal professional with at least 3 years of experience in legal drafting, comparative legal analysis, and document development. Will support the production of templates, synthesis of legal texts, and cross-referencing with relevant international frameworks

8. Reporting and Coordination

The selected Legal Consultancy Firm will report directly to the Director General of the Ministry of Family and Human Rights Development, or an assigned focal point. Regular coordination meetings will be held, as mutually agreed, to review progress, address challenges, and align on strategic direction.

9. Duration of Assignment

The assignment is expected to last three and half (3.5) months, in alignment with Articles 15, 16, and 17 of Law No. 16 governing the NIHRC candidate-selection timeline.

10. Budget and Payment Schedule

Applicants must submit a detailed financial proposal covering all costs related to the assignment, including professional fees, logistical expenses, and any applicable taxes or administrative costs. Payments will be made in tranches, tied to the successful submission and formal acceptance of each deliverable, in accordance with the approved work plan.

11. Application Requirements and Evaluation Criteria

Interested applicants are invited to submit the following to info@mfhrd.gov.so—ensuring a copy is sent to dg@mfhrd.gov.so—by the submission deadline of 20 March 2025 at 10:30 AM Mogadishu time:

• Company profile with legal registration, core business, and relevant experience.
• Technical proposal detailing the understanding of the assignment, proposed methodology, and work-plan— a detailed timeline for all activities and deliverables.
• CVs of all team members clearly outlining relevant experiences and qualifications.

• Financial proposal with a detailed budget breakdown.

• Contact information for at least three (3) professional references for similar assignments.

Evaluation Criteria:

• Technical expertise and relevance of proposed methodology (35%).

• Relevant experience of the proposed team members (30%).
• Demonstrated experience on similar NHRI or governance assignments (25%).

• Financial proposal and budget clarity (10%).

12. Compliance

All legal advisory outputs must comply with Law No. 16 of 27 June 2016, the Provisional Federal Constitution, the Paris Principles, and GANHRI General Observations.

13. Confidentiality

The Legal Consultancy Firm shall maintain strict confidentiality of all sensitive information, documents, and deliberations related to the NIHRC selection process. No disclosures without written authorization from MoFHRD.

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