OFFICE OF THE ATTORNERY GENERAL -PUNTLAND GOVERNMENT OF SOMALIA TECHNICAL ADVISER- SGBV SPECIALIZED PROSECUTORIAL UNIT TERMS OF REFERENCE Location: Garowe-Puntland with travels to the regions; Application Deadline: 5 th June 2017 Languages Required: Somali and English Duration of Initial Contract: 7 months (June December 2017) BACKGROUND Establishing independent and accountable justice institutions capable of addressing the justice needs of the people of Somalia by delivering justice for all is a strategic objective of the Somalia New Deal Compact under its Peace-building and State-building Goal (PSG) 3. This would include key priority laws in the legal framework, including on the re-organization of the judiciary, are aligned with the Constitution and international standards; ensuring that justice institutions start to address the key grievances and injustices of Somalis; and that more Somalis have access to fair and affordable justice. Also under PSG 3, it is stated that processes should uphold principles of gender equality and equity, and should advance the prevention of sexual and gender-based violence and identifies the objective of increasing the capacity of justice providers to better address the most prevalent post-conflict grievances. To respond to the aforementioned principles, the Office of the Attorney General of the Government of Puntland is establishing a Specialized Prosecutorial Unit to deliver gender-responsive justice services to victims of sexual and gender based violence addressing the access to justice challenges and needs of women and girls, mainstream issues of gender equality and gender empowerment, and women s rights and build capacity of the judiciary. The Specialized Prosecutorial Unit will be established within the framework of the Somalia Constitution and the Puntland Rape Act which requires establishment of specialized unit and prosecutors to persecute sexual offences against women and girls. The Somalia Constitution guarantees equality and right to freedom from discrimination and guided from the various global, regional, and national policy commitments to gender equality and women empowerment (including Somalia National Gender Policy; SC Resolution 1325 on Women Peace and Security; CEDAW; the Beijing Platform of Action; the MDGs; the Solemn Declaration on Gender Equality in Africa (SDGEA); the African Charter and Its Protocol on the Rights of Women in Africa for Gender Equality. These policy documents provide a framework for integrating gender perspectives into the legal and judicial structures and institutions at policy and operational levels. In this context, gender mainstreaming entails integrating gender issues 1
into the judicial structure and administration, and improves the Government s overall response to gender based issues within and outside these institutions. It refers to the process of assessing the implications for women and men of any planned action including legislation, policies and programmes in all areas and at all levels. It is a strategy 2 for making the concerns and experiences of women and men an integral part of design, implementation, monitoring and evaluation of policies and programmes in justice sector reforms, so that women and men contribute and benefit equally, and inequality is not perpetuated. Given the enormous challenges faced by women and girls in accessing justice in Somalia and protection of their interests in the formal justice system, the establishment of the Specialized Prosecutorial Unit under the Office of the Attorney General has been recognized as key to operational effectiveness and institutional credibility which responds to the specific needs of women and girls in accessing justice and to ensure protection and justice to victims of sexual and gender based violence through specialized expertise and services. The Somalia Joint Rule of Law Programme is the first UN Joint Programme developed under the United Nations Multi- Partners Trust Fund (UNMPTF) in Somalia. Aligned to the priorities and principles spelled out in the Somali Compact and now the National Development Plan (2017-2020) the Joint Rule of Law Programme aims at supporting the Federal Government of Somalia (FGS) and responding to the ISF towards achieving some of its objectives under PSG2 on Security and PSG3 on Justice. The Joint Rule of Law Programme builds on the positive gains, experience, expertise and added value of relevant UN partners under the Global Focal Point Arrangement to advance rule of law and constitutes a key landmark to maximize impact of UN interventions, minimize overlapping activities and maximize UNMPTF resources and know-how of the UN to deliver as one to enhance justice and security for all Somalis. The Joint Rule of Law Programme framework provides a harmonized, coherent and sector-planning approach to address justice, corrections and police within the broader framework of the rule of law. It ensures that collective UN action to enhance rule of law retains capacity building, gender equality and human rights principles as cross-cutting issues of this approach as outlined in the Somali Compact. The Joint Rule of Law Programme will rely on coordination with and between different national counterparts, while supporting the Compact principle that development efforts are Somali-owned. Somali-led, while at the same time maintaining interactive partnerships with UNMPTF donors and other partners through steering group arrangements. The Joint Rule of Law Programme actively engages nine UN entities and agencies operating in Somalia (UNSOM, UNDP, UNODC, UNOPS, UN Women, UNICEF, UNFPA, UNHCR, OIM) at diverse levels of programme support and implementation. Within such framework, UN Women plays a catalytic role for the effective integration of gender and the coordination of all gender-related activities, providing strategic, advisory and technical support to all ROL JP partners in the following areas of work: i. elaboration of normative and policy frameworks to enhance protection of and access to justice for women and girls, supporting the federal Government of Somalia for the operationalization of UN SCR 1325 at federal and state level; ii. development of national public institutions - including at legal, structural and operational level particularly in the areas of women and girls protection and gender justice; 2
iii. iv. knowledge and capacity building of security and justice sectors actors 1 on women rights and gender justice 2 ; research, advocacy and awareness raising on gender equality and women's empowerment in security and justice sectors This assignment falls within the framework of the UN Joint Rule of Programme and Puntland Government of Somalia Office of the Attorney General mission to establish specialized services to investigate and persecute SGBV crimes and ensuring equal access to justice for all as required under the Puntland Rape Act DUTIES AND RESPONSIBILITIES: Under the direct supervision of the Attorney General and in coordination with UN WOMEN ROL Programme Manager, the Technical Adviser will provide technical support to the specialized prosecutorial units to strengthen the institutional capacity of the Office of the Attorney General to delivery gender-responsive justice services to victims of sexual and gender based violence as required under Puntland Rape Act. The Technical Adviser will be responsible for the following tasks and deliverables Provide support to the establishment and operationalization of SGBV specialized prosecutorial units in the Office of the Attorney General Lead the SGBV Specialized Prosecution Units for coordination of specialized prosecution services for the victims of SGBV and enhance capacity of the SGBV Chief Prosecutor to eventually lead the SGBV Prosecution Unit Provide technical and legal expertise, on- job training and mentoring to the specialized prosecutorial units in investigating and prosecution of SGBV cases, including interviewing of the victim, preparation and presentation of the case Work with UN Women s Gender Justice Reform Specialist on the development of the Standard Operating Procedures (SOP) for the specialized units based on the Puntland Rape Act and capacity building initiatives for effective investigation and persecution of crimes of SGBV Support the development of two-year detailed action plan for the specialized unit through consultative discussions. Provide technical and logistical support to the implementation of the trainings for the specialized prosecutors in coordination with the UN Women Gender Justice Reform Specialist Provide technical support to the Office of the Attorney General to mainstream gender into their initiatives Provide support to the finalization and translation of the prosecution manual Provide technical support on collecting and using data to identify trends and patterns in SGBV cases, number of cases successfully prosecuted and conviction rates Support the establishment of an information management system to collect and analyze age and sexdisaggregated data as a tool to understand the obstacles and responses to women s access to justice; analyze trends; monitor reports and responses to SGBV cases and share data with partners, whenever appropriate; Coordinate SGBV Prosecution work with CSOs and UN agencies, specifically UNICEF, UNFPA and UNDP. 1 i.e., police forces, customary justice actors, judges, prosecutors, custodial corps, mobile courts and legal aid providers. 2 Including Sharia Law and customary justice, investigation techniques and international instruments (CEDAW) through specialized training and mentoring programmes, and development of justice-chain referral systems. 3
The incumbent will be home based in Garowe at the Office of the Attorney General with frequent travels to the regions DELIVERABLES: The Consultant will be responsible for delivering 1. Detailed work-plan for the assignment and regular quarterly reports of progress/results achieved (to be delivered within the first week of the assignment). 2. Detailed 2-year work plan for the specialized prosecutorial units (2017-2018) and quarterly reports on progress and results achieved.(workplan to be delivered within the first 30 days of the assignment, quarterly reports to be delivered in July, October and end December 2017. 3. Finalization and translation of the prosecution manual (to be delivered within the first 3 months of the assignment) 4. Capacity building and mentoring plan developed and delivered (plan developed within the first 40 days of the assignment and at least 3 session conducted by the end of the assignment). 5. Information management system developed and implemented for data collection and analysis on SGBV cases reporting and prosecution (fully functioning system to be delivered by the end of the assignment). Core Competencies Ethics and Values: Demonstrate and safeguard ethics and integrity Organizational Awareness: Demonstrate corporate knowledge and sound judgment. Development and Innovation: Take charge of self-development and take initiative. Work in teams: Demonstrate ability to work in a multicultural, multi ethnic environment and to maintain effective working relations with people of different national and cultural backgrounds. Communicating and Information Sharing: Facilitate and encourage open communication and strive for effective communication. Self-management and Emotional Intelligence: Stay composed and positive even in difficult moments, handle tense situations with diplomacy and tact, and have a consistent behavior towards others. Conflict Management: Surface conflicts and address them proactively acknowledging different feelings and views and directing energy towards a mutually acceptable solution. Continuous Learning and Knowledge Sharing: Encourage learning and sharing of knowledge. Appropriate and Transparent Decision Making: Demonstrate informed and transparent decision making. Functional Competencies Proven ability to provide policy, programme and strategic advice on Rule of Law with a specific focus on justice sector reforms in conflict/post-conflict settings. Proven ability to design and implement institutional reform plans from a gender-sensitive / gender-responsive perspective, particularly for the justice sector, with a demonstrated ability to promote change. Proven ability to support institutional development and capacity building through elaboration and implementation of strategic and operational plans, guidelines and training plans. 4
Ability to effectively contribute to strategic planning, programme/project implementation, results-based management and reporting. Ability to develop and maintain strong partnerships with a variety of stakeholders (including government civil society, international development/aid community) and develop inter-institutional coordination and communication mechanisms. REQUIRED SKILLS AND EXPERIENCE EDUCATION A degree in law. EXPERIENCE Minimum 5 years experience in coordination, management and programme/project implementation, with specific expertise in gender, rule of law and/or justice sector reform. Technical expertise and experience in policy development and strategic planning in the area of rule of law from a gender perspective is required. Demonstrated experience promoting institutional development and strengthening capacity of staff and counterparts in multi-cultural settings. Proven experience in capacity building for gender, particularly design and implementation of training plans and training materials. Relevant experience from Somalia/countries with Sharia law or knowledge of Sharia law an advantage. Experience in working in Somalia with knowledge of gender in Somali context is required Excellent communication skills required. LANGUAGE Fluency in Somali and English (oral and written) How to apply: Interested candidates are invited to submit their updated cover letter and CV to the Office of the Attorney General Puntland via email at ago.puntland@gmail.com copying mhfarah459@gmail.com and abdighani139@gmail.com Closing date is: 5 th June 2017. All application after the deadline shall not be accepted. 5