Constitution Adviser

Title of Consultancy:Constitution Adviser
Type of Contract:SSA – Special Service Agreement
Duration of the assignment:6 Months
Duty station:Djibouti
Expected places of travel:Nairobi and Somalia (security permitting)
Supervisor: Constitution Building Project Manager
Anticipated presence at UNDP premises: full-time presence
Date of Issue:02 September 2010
Closing Date:15 September 2010

II. Objectives of the assignment

UNDP in collaboration with the Independent Federal Constitution Commission and the Ministry of Constitution and Federal Affairs designed the “Somalia Constitution-Making” support project to support the constitution-making process in such a way as to ensure that it strengthens peace, begins a process of national reconciliation, and creates a foundation and road map for longer term state-building and nation building. The project contributes towards the following outputs:
1. A consultative and inclusive constitution making process is undertaken
2. Somali public has a good understanding of constitution making process and key issues to be decided.
3. The views of the public are heard and growing consensus is achieved in relation to major constitutional issues.
4. Draft constitutional text is prepared and meets standards of state practice.
5. All major interest groups understand and, to the extent possible, support the draft presented for referendum.

Transitional Federal Charter of the Somali Republic of 2004 mandates the Independent Federal Constitution Commission (IFCC) to draft the federal constitution. The Commission in this task is supported by a secretariat headed by a Secretary General and supported by two deputies, finance and administration director and a team of dedicated staff and consultants.

UNDP wishes to recruit a short term senior advisor to provide technical advice to the IFCC l on the development of the content of different parts of the constitution and the translation of the draft constitution into a legal text through the final drafting process.
III. Scope of work

? Advise the IFCC on the technical and legal needs of the IFCC thematic and legal drafting committees, with specific focus on human rights issues.
? Assist the IFCC with the management of thematic experts as well as legal drafters for the IFCC thematic and legal drafting committees.
? Support the IFCC in conducting and commissioning legal research and analysis as well as development of knowledge based tools such as policy positions, practice notes, concept papers and research papers on key constitutional issues, with a specific focus on human rights concerns.
? Coordinate and advise on the International Consultation process and coordinate mechanisms to ensure that data collected from the International Community during the consultative stage of this process is done in an efficient and timely manner.
? Analyze consultation submissions from the International Community (including from thematic experts) and provide the submissions and analysis in a timely and understandable manner to the IFCC in order to assist them in the final drafting process.
? Serve as the main POC and support the IFCC in human rights focused public consultations.
? Provide comparative reviews of the CDC with (1) the TFC; (2) the Puntland Constitution; (3) the Somaliland Constitution; (4) the Somali Constitution of 1960; and (5) the Somali Constitution of 1990.
? In consultation with the core technical experts, advise IFCC legal drafting committee on the technical aspects of legal drafting and document management, including translation.
? Assist the IFCC in managing all IFCC documents and verification of draft legal texts and reports.
? Support the IFCC with preparation of ad hoc committee progress reports for the IFCC plenary, PCC, MoCFA, donors and UNDP
? Support the IFCC through the final decision making and drafting stage of the process.

IV. Monitoring and Progress controls

The consultants will work under the overall supervision of the Constitution Building Project Manager. A work plan for the consultancy will be developed and agreed to no later than two days after the start of the assignment. Evaluation of the SSA contract will be made against the benchmarks and deliverables set for the assignment of the consultant at the end of the contract duration.

V. Final product/deliverable

Monthly progress report which will include:

1. Detailed report on the development of the content/consultations of different parts of the constitution as well as status updates on the progress of reports outlined in SSA’s scope of work.
2. Analysis of the progress and technical needs of the IFCC.
3. Lessons learnt.

VI: Review/approval time

The performance of the contractor will be reviewed on bi-monthly basis to approve outputs prior to authorization of payments.

VII: Qualifications

? Advance University Degree in Law, Political Science or related field
? At least 7-10 years of relevant experience;
? Prior experience in constitution making processes an advantage
? Experience in working with stakeholders, donors, UN agencies is an asset
? Excellent command of written and spoken English
? Demonstrable knowledge of or experience in Somalia is an advantage

Applicants are required to fill and sign a P11 Form and submit it together with Curriculum Vitae on the online application.

UNDP will only be able to respond to those applications in which there is further interest.

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