I.  General Information

Name of host institution

Ministry of interior

Address of host institution

Ministry of Interior (MoI) of Somaliland Office Headquarter,
Government Square,
Sha’ab Area,
Duriye Section,
26 June District,
Maroodijeex
Hargeisa, Somaliland

Name and email address of focal point in host institution

Yasir Soleiman Arish

ibnuarish@gmail.com

Background information about host institution

The UN Joint Programme on Local Governance and Decentralized Service Delivery (JPLG) is a 5 year Programme of ILO, UNCDF, UNDP, UN-HABITAT and UNICEF. Somaliland partners for the Joint Program are central, regional and district authorities and councils, as well as non-state actors and selected communities.

The JPLG  is aligned to the programming frameworks of the Somali Reconstruction and Development Programme (RDP) 2008-12 and the UN Transition Plan (UNTP) 2008-10. One of the key outcomes of the RDP is to achieve decentralized service delivery in Somaliland. A key outcome of the UNTP is that local governance contributes to peace and equitable priority service delivery in selected locations.

The overall objective of the JPLG is that local governments contribute to peace and equitable prioritized service delivery. The specific objectives are that local governments are transparent and accountable and that communities receive service delivery.As part of this process, the vision for decentralization need to be agreed upon, and following that, review of the current legal framework.

Some initial work has been carried out to review the legal framework for decentralization in Somaliland. The Somaliland Regions and District Law was established in 2002 and amended in 2007. It established 6 regions which are sub-divided into districts graded from A-D. This law was reviewed in 2007 and during the last few years the number of districts and regions increased exponetially. The roles of the districts is to provide basic health and education services; disaster preparedness and mitigation; enhance local economy; promote arts and sports; build and maintain roads; public registration; and rural development. The District Council has been given the authority to collect own source revenues but the legal framework for this is not yet established. District borders are those established for the referendum for the voting for the Constitution, except for the D categories of districts that are yet to have its border demarcated. The UN recognizes the regions and districts that were in place in 1991, however, since 1991, additional regions and districts have been created by presidential decree.

In Somaliland, elections take place at the central and district level. The regions have re-concentrated authority while power is devolved to the districts which have some own functions and resources. The village level has re-concentrated functions delegated to them by the district, but this level does not hold own resources or have own functions. The representation of women in the councils is extremely low with only two women councilors in Somaliland.

II. Position Information

Organizational unit/ Department

District and local governments   (LAW )

Duration of assignment

To be determined

Name and email of supervisor

Elmi Abdirahman Ashur

Director General of Administration and Regions and Local Governments

cilmicashuur@gmail.com

III. Objectives of Assignment

The objective of the assignment is to provide an assessment and analysis of the current legal framework for decentralization in Somaliland and develop decentralisation policy options coherent with relevant legal framework and through a policy dialogue process seek agreement on the vision and policy options for the future.  Included in this analysis will be:

  • An assessment of overall implementation of the decentralization legal frameworks to date
  • An assessment of how the existing decentralization regulations are in sync with the overall directions  set out in the Constitution;
  • Detail a decentralisation policy options paper which can contribute to the policy dialogue on the federal constitution as well meet the decentralisation vision for Somaliland;
  • Describe the scope of work which needs to be done to facilitate the above and include draft policy options for decentralization for Somaliland; and facilitate a process of policy dialogue with key stakeholders.

The purpose of the assignment is to have decentralization policy options discussed and agreed among key stakeholders in a manner that is agreeable to all stakeholders and will serve the purpose of bringing the decentralization vision forward; that agreed to policy options are fed into relevant ongoing processes; and that decentralization policies are agreed to by key stakeholders.

Enhancing the capacity of the Somaliland Police, immigration and coast guard  in pre-empting, disrupting and destroying terrorists and organized crime networks within Somaliland.

IV. Responsibilities and Accountabilities

The role of the consultants is:

In close collaboration with the UN agencies and key stakeholders in the Somaliland administration, to analyse the current legal frameworks for decentralization and the extent to which these legal frameworks (the decentralization laws and proposed amendments; the taxation laws; the city charter drafts; and other relevant legislation) are in line with the overall legal framework, and identify areas of potential harmonisation.

In close consultation with the IOM agencies, the Ministry of Interior, key sector ministries and key civil society stakeholders, to provide policy options for the scope of work in 2018 with regards to the process for review of the legal framework including processes for inclusion of key sectors, district authorities, and civil society in the decentralisation policy review dialogues.

In close consultation with the same stakeholders, to present policy options for decentralization, and facilitate a comprehensive policy dialogue on these options. Additional support will be provided from JPLG to help facilitate such policy dialogue processes.

Following detailed and comprehensive dialogue, edit policy options into a draft policy paper, present the drafts for review, review input and present a final draft policy paper.

The scope of work for the consultants is:

To familiarize themselves with the legal framework for decentralization, the constitution, relevant laws or regulations, including draft revisions, and current policy option papers.

In close coordination and agreement with JPLG, to meet and discuss with the Somaliland administration, and other relevant stakeholders including key line ministries and civil society, to discuss the vision for decentralization, and potential scope of work for 2017 (and potentially 2018) for costing and processes for reaching agreement on assignment of functions within key sectors (possibly initially within the education and public works sectors).

Through prior discussions and agreements with key stakeholders and the UN agencies, present options for the scope of work in 2017.

Draft a policy options paper in close consultation with all stakeholders; discuss the meaning of the different options at policy dialogue workshops with appropriate representation from government institutions, civil society, the private sector, UN agencies and other development partners.

Discuss the meaning of the different options at policy dialogue workshops with appropriate representation from government institutions, civil society, the private sector, UN agencies and other development partners.

Following input from various stakeholders, present final draft policy papers, while ensuring that the policy papers fit within the overall legal framework.

Based on the agreed to policy papers, review the decentralization law.

V.  Competencies

The resource person is expected to demonstrate the following competencies:

  1. Inception Report including detailed work plan, understanding of TOR, and methodology to be delivered no later than 20 working days after the start of the assignment.
  2. Draft report on scope of work for 2017 on 18 which includes law description of the consultation process that has led to the proposed scope of work.
  3. Finalise and present for first round of dialogue a Draft law Option Paper for Somaliland
  4. Present final draft policy papers for by the end of October 2010.
  5. Present proposed changes to the decentralization laws by 31 December 2018.
    • Reviewing the local governments ACT so as to develop necessary policy, legal and regulatory frame work with long term focus
    • Transparent and competitive targeting Secondary School and University Undergraduates for local governments and law 23
    • Establishment of an organized structure with clearly defined line of authority, ranking and merit system based on job promotions that are performance based and equitable

Behavioural:

Diplomatic, approachable and Well discipline

VI.  Education and Experience

  • At least 10 years’ experience with development assistance, with focus on local governance and decentralization policy.
  • Master’s Degree in Political Science, Development Studies, Human Geography, Law or any relevant related field.

VII.  Languages

Languages:                                                              Proficiency:

English/Somali                                                                             High

Closing Date: 
Feb 21, 2018
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