Job Description

PROVISION OF LEGAL SERVICES FOR NRC IN SOUTH CENTRAL SOMALIA.

Terms of Reference (ToR)

Location: Baidoa and Mogadishu

Background:

The NRC Somalia Country Programme is part of NRC East Africa and Yemen mission. Operations in the region began in Somaliland in 2004, and eventually expanded to Puntland, and South-Central Somalia, providing protection and humanitarian assistance to refugees, internally displaced persons and returnees, with strategic programming priorities focusing on Shelter, WASH, Education, Food Security and Livelihood, Protection, and Information, Counselling and legal assistance (ICLA).

NRC expertise in ICLA

NRC’s ICLA programme in Somalia was established in 2012 and spans across all federal states in Somalia. Our ICLA activities support people to claim and exercise their rights through information, counselling, legal assistance, collaborative dispute resolution, capacity building and advocacy. The ICLA programme in Somalia observes local legal, cultural and social norms without compromising our commitment to promote and respect rights established by international law. This includes the use of judicial or administrative remedies, customary or religious mechanisms, collaborative dispute resolution methodologies, and transitional justice mechanisms.

NRC ICLA thematic areas in Somalia

• Housing, Land and Property (HLP): Cchallenges caused by repeated and protracted displacement are exacerbated by inadequate legal and policy frameworks, state institution capacity, mechanisms for dispute resolution, and limited awareness of HLP rights among displaced people. A common result – forced evictions – is one of Somalia’s major protection concerns.

• Legal Identity: Access to civil documentation, is a major challenge for displaced people It is inextricably linked to HLP rights, which are contingent on a person’s ability to prove their identity and family lineage.

• Employment, Laws and Procedures (ELP): Primarily displaced peoples’ access to income-generations is affected by limited understanding of registration of businesses, the labour laws and procedures in Somalia.

Scope of Service

LOT 1: Legal Services

The Norwegian Refugee Council in Somalia is inviting interested registered/licenced law firms with a minimum of five (5) years’ experience of legal practice in Mogadishu and Baidoa Somalia to submit written proposals to provide Legal Services to targeted beneficiaries on behalf of the organisation.

In particular selected law firms will be expected to provide legal representation to NRC targeted beneficiaries under the Information, Counselling and Legal Assistance (ICLA) programme.

The selected law firms will engage in joint private public partnership with local authorities in producing joint messages and outreach materials, conduct robust Joint awareness campaign sessions on HLP obstacles to expand outreach into hard to reach areas, Securing court-ordered injections on forced evictions and negotiation of the implementation of Somalia evictions guidelines, Referral of HLP cases

 And support dispute resolution through mediation, negation and in collaboration with Collaborative dispute resolution. Law firms will be expected to have experience in working with displacement affected communities, vulnerable persons and indigent clients.

The legal services being procured include but not limited to Civil Litigation and Practice, Commercial Law, Energy Law, Public Procurement and Disposal Law, Labour Law, Constitutional Law, Arbitration & Alternative Dispute Resolution Law and Practice, Tax Law, Land Law & Conveyancing, Public Private Partnership Law, International Law and Environmental Law et al.

Evidence of preparing major litigation briefs successfully handled in terms of value and subject matter.

Target Groups

• Internally displaced persons (IDPs)

• Returning refugees/IDPs

• Poor and vulnerable host communities

• Any other parties as may be deemed for support

Specific Terms of Reference

• Legal representation in courts, tribunals and administrative bodies

• Litigation

• Alternative Dispute Resolution

• Render tailor made and strategic legal advisory services

• Tax planning, taxation disputes, taxation resolution and taxation advice.

• Commercial Transactions

• Land Transactions

• Contracts

• Property

LOT 2: Notary Public

The NRC seeks the services of a notary public. The notary services shall handle the notarisations of signatures and copies of certificates and the authentication of documents, among other things. The services can also confirm a person’s rights to act on behalf of a company or public authority.

Target Groups

• Internally displaced persons (IDPs)

• Returning refugees/IDPs

• Poor and vulnerable host communities

• Authorities and agencies

• Any other parties as may be deemed fit for support

Specific Terms of Reference

1. Notarisation of documents: to authenticate copies of all documents including but not limited to land transactions and ensure they are officially certified. Ensure all original documents are provided and photocopied by the notary public to certify the authenticity of the copy/copies.

2. Notarisation of the authenticity of a signature: the services of a notary public will include the authenticity of signatures officially certified. Ensures the authenticity of all signatures on a document are certified by a notary public. Provide photo identification and sign documents in the presence of the notary public. A note confirming the authenticity of signature should be recorded on the document and the notary public will sign the document.

3. Certification of official competence: A notary public will be required to certify the official competence (authority) of a signatory if the right of the person concerned to act, for example, on behalf of an individual, a company or a public authority has to be certified. The right of the signatory of the document to act on behalf of a public authority or a private organisation or the authority of a self-employed person will be examined. The notary public will check the situation from different registers or directly from the organisation that issued the document. A note confirming the competence will be recorded on the document and the notary public will sign the document.

Duration for the Contract

The contract will be performance based and for a period of one (1) year from the effective date of the contract but could be extended subject to performance and funding.

Relevant experience and requirements:

LOT 1: Legal Services

Reputable law firms interested in providing this service must submit the following information and supporting documents.

• The law firms should attach their profiles stating the type of cases/matters handled and their success rate in litigation, civil documentation, land and commercial transactions.

• The profile should indicate experience in handling matters before the different courts and Tribunals.

• The firms should also provide a list of clients handled which should include individuals, communities, organizations and institutions etc.; and the types of matters handled

• Expertise of the legal team; Senior Partners should have a Certified copy of current practicing certificates for all partners and associates. Senior Partner(s) must have a minimum experience of five years.

• Law firms must be ranked highly by their peers as well as have proven experience of the issues in question.

• A reputation of performing the majority of the legal services with a high standard. This includes senior partners, associates, research assistants and paralegals.

• Firm’s profile including CVs of lawyers, or application & CV (for individual lawyers)

• A copy of Certificate of Registration (preferably with the FGS or at the regional)

• A copy of Valid Tax Compliance Certificate. Practicing certificate of senior partners and advocates

• At least three references from other clients.

• The Firm should declare any conflict of interest.

• Evidence and supporting documents to prove experience in undertaking similar assignments with Displaced Communities and work with INGOs/UN

• Technical proposals

• Financial proposal clearly articulating legal fees for each service.

Skills and Qualifications

Reputable notaries, firms and individual interested in providing this service must submit the following information and supporting documents.

Education:  a minimum of a diploma or a bachelor’s degree in a related field, such as law, business administration, finance or accounting.

Training & Experience:  appointed notary with complete training as a public notary. Qualified lawyers and solicitors who have undergone further training to qualify as Notaries are encouraged to apply.

Certifications & Licenses:  certified during their training period, with tested knowledge of the law and how to apply it in different situations.

The Notary must have an official seal: Most are unique and engraved with a personal symbol. Notarial acts with this impressed seal and signed by a Notary are universally recognized and any facts they contain are treated as the evidence of a responsible public officer.

Monitoring and Evaluation

• The selected firms must agree to be monitored through regular client satisfaction surveys in order to ensure that they maintain high standards of service.

• The firms must give regular reports to NRC Somalia.

How to apply

Interested applicants fulfilling the requirements are invited to send their applications to our office in Mogadishu, Somalia: Along Airport Road, Opposite Xajii Dol Garage, Wadajir District for Mogadishu applications and for Baidoa office to send their applications to: NRC Baidoa office, opposite Safari Hotel, Baidoa, Bay, Somalia. The deadline for application is 6th December, 2022.

1. All interested and eligible firms are requested to submit their offers by hand and not by email in a sealed and stamped envelope to the specified addresses.

Enquiries need to be made in writing via email   so.procurement@nrc.no

OfficeBaidoa

Emailso.procurement@nrc.no