Job: FACILITATE THE PROCESS OF DEVELOPING A CHILD ACT IN SOMALILAND

Location: Somalia
Closing Date: Thursday, 28 November 2013

TERMS OF REFERENCE

FACILITATE THE PROCESS OF DEVELOPING A CHILD ACT IN SOMALILAND

1. Country Context The republic of Somaliland is unrecognised nation state and is not a signatory to the UNCRC as with Somalia in general. It is thus unable to ratify and join with the community of nations as a state party to the UNCRC. This peculiar situation notwithstanding the Government of Somaliland made a public commitment (frequently referred to a s a 'ratification') of the UNCRC in November 2001 and promised that it will support the rights enjoyed at least ideally by the rest of the children elsewhere in the world. There is progress as many more children now have access to education and health care systems than was the case a decade ago. However a very significant proportion, often more than 50% do not have access to these services. These children live in places that are difficult to reach, severely affected by draught and families with a pastoralist lifestyle and distant from centres of administration and services.

2. Rationale for a Child Act

Every society is obligated to protect their children. This inherent obligation is emphasized by the UN Convention on the Rights of Child, (UNCRC). In terms of Article 4 of the UNCRC, State Parties to the CRC are bound to take all appropriate legislative, administrative and other measures for the implementation of the rights recognised therein. The obligation therefore rests with the State to ensure that national laws comply with and include the rights contained in the UNCRC.

A comprehensive Child Act is a framework for development, it provides an agreed roadmap for what a country needs to put in place to realize children's rights over time and makes it easier for government officials, the judiciary, Parliament and citizens in general to access laws pertaining to children. It makes children's rights more visible compared to having laws related to children's rights scattered across different pieces of legislation. Besides, a comprehensive Child Act often includes provisions on the role of different actors in implementing the act, which promotes coordination across government departments, between professionals dealing with children, civil society etc.

The Somaliland government, though not a signatory to the UNCRC, has committed itself to put in place systems, services and structures that contribute to the realisation of children's rights. The government has made enormous strides in developing laws aimed at protecting the rights and dignity of children. These include the development of Juvenile Justice Law, the National Gender Policy, and the evolving National Child Protection Policy among others.

In spite of these legal frameworks, available statistics confirm that above 50% of the total population of Somaliland are children below 18 years1. Many children still face various forms of violations of their rights that go unaddressed mainly due to absence of a comprehensive child policy or Child Act. For example, 79% of girls are estimated to have been subjected to FGM with grave implications on their health and dignity. There is an estimated 1, 642 and 10, 415 children living and working on the streets of different towns of Somaliland who constitute about 25% of the total child population. 20% of children aged 5-14 years are engaged in paid labour and 81% in unpaid labour for non-family members; child mortality is rated at 166/1,000 live births and child malnutrition reaching 21% for children under five 2; birth registration stands at only 3% while violence against children in schools is in the highest frequency as noted from children's consultations during CRSA 2010. Abandonment of new born babies is also becoming a growing phenomenon while the number of children living in the IDP camps is constantly on the rise due to increasing displacements in the unstable regions of Somalia. Children from the minority groups, IDPs, refugees, economic migrants and children with disabilities (10% of children population) and children affected and infected with HIV and AIDS (statistics unavailable) continue to suffer discrimination and deep rooted cultural stigma and often do not enjoy the same rights as others.

This situation for children is aggravated by lack of a Child Act that can comprehensively tackle all aspects of protection, participation, developmental and survival rights of children. Children being among the most vulnerable require comprehensive laws and policies to safeguard them. Even more apparent being that Somaliland experiences recurrent natural and sometimes man-made disasters , a well thought through legal framework is urgently needed to protect children typically caught up in emergency situations. Having an all-inclusive children's Law in Somaliland will be a starting point for recognition of children's rights to survival, development, protection and participation.

To this end the urgent need to develop a compressive Child Act and (and its ultimate adoption by Parliament) has been recognized and prioritized by the Government of Somaliland and key development partners. A task force comprising of the Ministries of Labour and Social Affairs and Justice, World Vision, UNICEF, Save the Children, CESVI, and ANPPCAN has been established solely to work with the Government of Somaliland and support development of a Child Act. The task force works closely with the Government Inter-Ministerial Task Force.

3. Purpose of the assignment

The purpose of the consultancy is to provide a high level technical expertise to guide a comprehensive process of developing a well-grounded Somaliland Child Act. Working closely under the leadership of the Ministry of Labour and Social Affairs (MOLSA) and the Task Force, the consultant will aim at steering consultations, development and drafting of a Child Act informed by the Somaliland constitution, existing customary laws and sharia law. Besides, key international and regional conventions and instruments such as the United Nations Convention on the Rights of the Child (UNCRC), the African Charter on the Rights and Welfare of the Child (ACRWC), the ILO convention 182 and its optional protocols, and any other legal instrument regional, national or international relevant to children will be considered in drafting the Child Act. The task will also include consolidating other child related pieces of law, regulations, policies which are fragmented in various legislations of Somaliland to inform the Child Act.

4. Scope of Work

The assignment will involve the following major activities;

4.1. Review the relevant legal and policy framework/s in Somaliland, The consultant will review all relevant existing laws, policies and programmes for children to draw key issues, dimensions and recommendations to inform the Child Act. He/She will review all available literature relevant to legal aspects and policies related to children in Somaliland. Literature will also include sample of Child Acts, Policies and other Position Papers on Child Act drawn from other countries in the region such Kenya, Uganda, and Ethiopia etc. Key literature drawn from Somaliland will include the Somaliland Constitution, draft Child protection Policy, Sharia law and other related laws, customs and practices, ordinances and bi-laws that touch on children's issues.

4.2. Conduct country-wide consultations to inform the child Act

The consultant will ffacilitate consultative forums right from the village, region and the national level in the 5 regions of Somaliland namely; Maroodi-Jeh, Awdal, Sahil, Togdheer and Sanaag. The participants include men and women, children (boys, girls, IDP children, children from minority groups, CWD, children affected and infected by HIV/AIDS, street children & other children out of school – age and gender disaggregated) and youth, religious leaders, elders as well as formal and inform structures (Ccommunity Child Rights Committees, Child Protection Committees, Community Education Committees), teachers, health workers, and IDP camp leaders responsible of children's well-being. At the regional and National levels, it will include landscaping all systems and structures as well as institutions including but not limited to the following;

• All government ministries and departments (regional level Health, Institutional homes, prisons, Juvenile remand homes and police, Education)
• Members of the National Assembly/parliamentarians
• Religious council Regional bodies
• Elder representatives
• NGOS, INGOS, UN agencies

Members of interest groups, (Gender, children, disability, environment, health, water) The consultations will be done in close collaboration with the task force and the technical committees to be established. Consultations will include specific forums for girls and women and other special groups in culturally sensitive environments.

4.3. Lead the drafting process with the Ministry of Labour and Social Affairs (MoLSA)

The consultant will lead in drafting the Child Act working very closely with MoLSA. The consultant will produce an initial draft within the stipulated timeframe and submit to MoLSA and the task force. The MoLSA will distribute the initial draft for comment for the relevant government organizations and CSOs. The consultant will also present the initial draft to key stakeholders in series of consultative meetings at various levels (children, youth, Inter- Ministerial Task Force,religious council, elders, government ministries, children, NGOs, CBOs and community members). He/she will input feedback obtained from these consultations.

5. Methodology

The consultant should come up with a detailed methodology while submitting his/her technical proposal. However, the methodology should include but not limited to literature review, focus group discussions, key informant interviews and consultative workshops with wide range of stakeholders as described above (4.2). The consultant is expected to apply highly participatory methodologies to elicit views from the cross-section of stakeholders. Such methods shall be clearly outlined in the technical proposal. Views of children will constitute a key input to this process. The consultant will be expected to demonstrate knowledge and expertise in facilitating children sessions using highly child participatory and child friendly methodologies applicable with the different categories of children at school and out of school. The technical proposal is expected to clearly outline how the consultant will engage with children. Besides, the consultant will design tools to be used for various consultation workshops and the tools should be dully reviewed and signed off by the Ministry of Justice and the task force.

6. Key Deliverables

The consultant delivers the following deliverables

• Inception report outlining work plan for the assignment, proposed methodology and tools
• Process reports
• Consultative meeting and validation workshop reports
• Draft a Child Act document
• Submit three hard and electronic copies of Child Act document to MoLSA with the qualitative data attached and also with a proposed practical plan to guide adoption by the National Parliament
• Handover all materials generated as part of the study

7. Time Frame

The overall consultancy work will take about 3 months but the consultancy man days will be 67 days. Below is the tentative time schedule for the consultancy work

8. Required Experience of the legal consultant The consultant should be a lawyer with experience in development field as well as emergency contexts, with good participatory research skills including child centered participatory methods to lead the process of developing a Child Act. Specifically, the consultant should possess the following credentials;

Education: Post graduate qualifications in Law from a recognized University.

Professional Experience

• At least five years of relevant professional experience including at least three years' experience in policy and legal frameworks development;
• Experience with developing similar legal frameworks with national governments will be mandatory requirement
• Sound knowledge of local and international legal instruments governing promotion of children's rights
• Understanding of key working approaches and principles in Child Rights Programming and Child Participation frameworks; and experience in child rights programming in humanitarian challenging and conflict-affected environments
• Experience applying qualitative data collection methods and participatory approaches including facilitating focus group discussions and interviewing children and adults
• Excellent skills in child participation approaches and methodologies
• Excellent writing skills and ability to produce high quality legal documents and report.
• Knowledge of Somali culture is an asset
• Language Requirements: Proficiency in English and Somali, written and spoken desirable but not mandatory.

Roles and Responsibilities

The Ministry of Labour and Social Affairs:

• Manage, coordinate overall process and owner of the process
• Facilitates access to existing laws, policies and programmes for review
• Provide relevant policy directions with regards to government processes through the Inter-Ministerial Task Force
• Hire and manage a consultant

The Task Force:

• Arrange for and provide all the logistical support required to deliver the assignment
• Guide in identification of the data collection sites, technical committees and other support teams
• Support in facilitating children sessions and other stakeholders
• Meet the financial obligations as may be agreed upon to support the process
• Identify workshop venues and mobilise participants
• Provide technical support to consultant/s to ensure a successful and quality outcome/s
• Review the draft Child Act and provide comments with the stipulated time

Role of the Consultant

• Provide a clear road map of delivery of the assignment
• Review existing laws, policies and programmes to inform the Children Act
• Produce an inception report
• Facilitate training for selected enumerators and support team (if necessary)
• Spearhead the consultative processes and the entire process
• Draft the Child Act
• Facilitate validation workshops
• Observe contractual obligations and Child Safeguarding policy requirements
• Ensure any equipment or information entrusted with him/her by the government is protected from illegal access

Code of conduct and Child Safeguarding Policy:

Save the Children as a member of the Task Force strongly upholds the principles of child safeguarding in all its work and contracts with external consultants. Its work is based on deeply held values and principles of child safeguarding, and it is essential that our commitment to children's rights and humanitarian principles is supported and demonstrated by all members of staff and other people working for and with Save the Children. Save the Children's Code of Conduct sets out the standards which all staff members must adhere to and the consultant is bound by the principles and conditions of this Code.

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