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Terms of Reference
I. POSITION INFORMATION
Title of Position: Districts By-Laws Consultant
Type of Contract: National Consultant
Duration of the assignment: 6 months
Duty station: Ministry of Interior (MoI), Somaliland – Hargeisa (with travel to districts)
Supervisor: Director General, MoI
Issue date: 1 May 2020
Deadline for application: 7 May 2020
The Local Governments in Somaliland are governed by the Local Government Law (Law. No.23/2019) which was developed in 2002 and amended in 2019 and stipulates the roles and responsibilities of local governments. The law states that one of the mandatory duties of local councils is to develop by-laws which will guide the council in its day to day operations including but not limited to conduct of meetings, council meetings quorum, form of debates, election of mayors, selection of council sub-committees, procedures for proposition of motions against mayors (such as impeaching mayors and deputy mayors).
District by-laws are special laws that apply within the district administrative boundary only. They assist in the smooth running of district councils and ensure continuity of operations even during periods of staff turnover. The by-laws should not only be concerned with council meetings and procedures but also governing service provision (such as protecting, promoting, and maintaining public health and safety, prevention of the potential for offensive behavior in public places), city governance, recreation, traffic regulation, animal keeping, street vending, public spaces, waste management and minimization and water supply management.
Some districts in Somaliland have not developed by-laws due to lack of capacity, therefore, the Ministry of Interior (which oversees District Councils) decided to build the capacity of the districts councils by preparing harmonized formats for developing bylaws and thereafter training the councils on the harmonized formats.
The UN Joint Programme on Local Governance and Decentralized Service Delivery (JPLG) which is a five-year joint programme comprising of ILO, UNCDF, UNDP, UN-HABITAT and UNICEF with the overall goal of “creating an enabling environment for improved service delivery and greater stability, through improved legal, policy and system frameworks – building the knowledge of those working in and with local governments” will support the ministry of Interior (MoI) in recruiting the Districts By-laws Consultant who will be based at the MoI offices and will be supervised by the Director General. The position is for a limited period of six months.
The consultant should be conversant with the Constitution of the Republic of Somaliland and the Local Government Law of Somaliland No. 23 and ensure that the recommendations and available by-laws do not conflict with the laws and regulations of the nation (Article 45 of Law No. 23).
III. Objectives of the Assignment
• Review the existing by-laws and identify the gaps of the districts by-laws.
• Referencing the bylaws of different districts, come up with a harmonized format for district by-laws
• Develop a manual or framework to be used to train MoI and the districts on how to develop local Council Bylaws.
• Enhance the capacity of the districts to adopt the council bylaws in their sessions.
IV. Scope of Work
1. Identify the challenges and existing gaps in developing and implementing by-laws
• Conduct a desk review of the bylaws of the districts
• Identify gaps in districts by-laws and provide recommendations for enhancement or development of new ones
• Articulate the by-laws needed by the district and those that need discarding due to obsolescence
• Organize consultative workshops for stakeholders and beneficiaries of by-laws
• Provide support and advice to the MoI and districts to define the concept and nature of by-laws.
2. Facilitate the development of harmonized by-laws formats/frameworks for the districts
• Develop harmonized formats/frameworks for districts by-laws
• Present the harmonized formats/frameworks to MoI, districts and other stakeholders with key conclusions and recommendations.
• Collect and document inputs from stakeholders for incorporation into the final framework.
3. Develop a manual or framework to be used to train MoI and the districts on how to develop local council Bylaws
• Develop a manual or framework to be used for training on development of by-laws including but not limited to the members of a district council required to introduce a bylaw, process of public consultations on by-laws, percentage of votes required to pass by-laws
• Present the manual/frameworks to MoI, districts and other stakeholders with key conclusions and recommendations.
• Collect and document inputs from stakeholders for incorporation into the final manual/framework
4. Produce and present the final formats/frameworks for by-laws development and final training manual/framework
• Finalize the formats/frameworks for by-laws development and final training manual/framework including comments and inputs from the stakeholders
• Conduct a validation workshop with key stakeholders on the final formats/frameworks for by-laws development and final training manual/framework including key conclusions and operationalizing recommendations.
• Presentation of the validated formats/frameworks for by-laws development and final training manual/framework
• Sensitize and train MoI, district councils and stakeholders on their by-laws development functions.
III. MONITORING AND PROGRESS CONTROLS
The Districts By-laws consultant will work under the direct supervision of the Director General of the Ministry Interior and will provide reports to the DG. The reports are to be endorsed by the JPLG and will form the basis for payment and end of contract performance evaluation.
Deliverables/Outputs Estimated Duration Submit for review and approval Payment
Inception report that responds to the ToR and includes a workplan and methodology for the assignment. 15 days DG of MOI, Director for Districts & Regions, UNDP-JPLG 10%
Presentation of the draft formats/frameworks for by-laws development and final training manual/framework incorporating the existing by-laws, those to be developed and those to be discarded and key recommendations and conclusions.
Validation of the final draft. 60 days DG of MOI, Director for Districts & Regions, UNDP-JPLG 40%
Presentation of the final and validated formats/frameworks for by-laws development and final training manual / framework 30 days DG of MOI, Director for Districts & Regions, UNDP-JPLG 30%
Train MoI, the districts and other stakeholders on their by-law’s development function. 40 days 20%
Education: Master’s degree or equivalent in Law, Social Sciences, Development Studies, Management or related field
Experience: A minimum of 7 years of relevant experience in districts by-laws preparation, training and the general workings of district councils. Conversant with the Somaliland Constitution and Law No. 23. Prior experience in Somaliland is an added advantage
Competencies: • A solid understanding of the functioning of district councils
• A solid understanding of Somaliland’s system of government and local governance
• Management experience is an asset.
• Self-motivated and self-driven and ability to work with a minimum of guidance.
• Ability to push processes forward, to be persuasive and at the same time collaborative, supportive and diplomatic.
• Ability to be calm and well humored while under pressure
• IT competencies in Word, Excel, Power Point and internet.
• Demonstrates strong analytical and management skills.
• Demonstrates strong oral and written communication skills.
Remains calm, in control and good humoured even under pressure.
Language requirements: Fluency in English and Somali (written and spoken) is required.
Please send your application (curriculum vitae and cover letter) marked “Districts By-laws Consultant” by 01/05/2020 to 7/05/2020 to firstname.lastname@example.org and copy email@example.com.
The Ministry will only be able to respond to those applications in which there is further interest.
Women are strongly encouraged to apply.