Terms of Reference (TOR) For Consultant to Support the Enforcement of ADR Decisions through Institutionalization of a Notary Service

Terms of Reference (TOR)

Services: Professional short-term service 

Position: Consultant

Operation Areas: Hargeisa

Assignment: Consultant to Support the Enforcement of ADR Decisions through Institutionalization of a Notary Service

1.     ABOUT NAFIS NETWORK

Network Against FGM/C in Somaliland (NAFIS) is a non-political, non-governmental, and humanitarian network. NAFIS was established in November 2006 in Hargeisa, Somaliland, by several local NGOs working to eradicate FGM/C. Currently, NAFIS has 20 member organizations operating in all the regions of Somaliland. As the only nationwide network of its kind, the primary purpose of NAFIS is to combat all forms of FGM/C in Somaliland through coordination and networking, policy framework, research, documentation, and capacity building for the key stakeholders and media awareness.

2.     ABOUT THE PROGRAMME

The NAFIS network, in close collaboration with the International Development Law Organization (IDLO) and the Ministry of Justice (MOJ), is promoting Access to Justice by establishing and operationalizing Alternative Dispute Resolution (ADR) Centres in Hargeisa, Togdheer, Sool, and Sanaag under the Program ‘Strengthening the Social Contract through Access to Justice in Somaliland’ funded by the Government of the Netherlands. The program aims to foster a social contract in Somaliland by increasing the legitimacy of justice institutions. The overall goal of the program is expected to be achieved through three (3) intermediate outcomes: (1) improved access to an Alternative Dispute Resolution(ADR) mechanism and referral pathways, especially for vulnerable groups; (2) enhanced access to formal justice for vulnerable groups through holistic support to gender-based violence (GBV) survivors and affected communities; and (3) increased participation of citizens in Somaliland in accountability processes relating to the provision of security and justice. The specific mandate of each Centre is to facilitate the practice of ADR and settle claims and disputes at the community level, facilitating and increasing access to justice for the local population, particularly vulnerable categories.

3.     Objectives

ADR Centres in Somaliland have been doing the heavy lifting resolving disputes, restoring social harmony, and delivering justice services to women and other vulnerable groups at scale. Under the programme “Strengthening the Social Contract through Access to Justice in Eastern Regions of Somaliland,” implemented by the Ministry of Justice (MOJ), NAFIS Network, and Media-Ink with support from IDLO, significant progress has been achieved. The programme institutionalized ADR Standard Operating Procedures (SOPs), strengthened case-management systems, and expanded survivor-centred justice delivery across multiple regions.

Within this framework, a notary service has been in place to support the documentation of ADR decisions and negotiated settlements. The Ministry of Justice has identified persistent gaps. In practice, many ADR decisions, particularly those involving power imbalances, remain vulnerable to contestation, reversal, or non-compliance due to weaknesses in the existing notary system.

This consultancy is therefore designed to review the existing notary service, identify operational and procedural gaps, and strengthen what already exists rather than creating parallel mechanisms. The assignment will conduct a review and gap analysis of the notary service linked to ADR Centres and develop practical, practical recommendations and then the consultant will train the ADR centers on the recommendation.

4.     Scope of Work

The consultancy will focus on strengthening the enforceability of ADR decisions by reviewing and improving the existing notary service linked to ADR Centres in Somaliland. While the notary service is already in place, its application remains inconsistent, and gaps in procedures, legal recognition, and institutional linkages continue to undermine the durability of ADR decisions particularly in cases involving women and other parties facing power imbalances.

Through a systematic review of current practices, the Consultant will assess how ADR decisions and negotiated settlements are documented, validated, and archived, and how these processes align with existing ADR Standard Operating Procedures and Ministry of Justice frameworks. This review will be complemented by a gap analysis to identify legal, procedural, capacity, and coordination weaknesses that limit the recognition and enforcement of notarized ADR outcomes.

After the review of the systems and processes is completed, the consultant will deliver training based on the recommendations and will cover the following areas:

5.     Duration

The consultancy will be conducted over a period of 17 working days. This timeframe covers inception, review and gap analysis of the existing notary service, stakeholder consultations, development of practical improvement measures, and submission of the final report. The assignment will be implemented within a condensed schedule to ensure timely support to the Ministry of Justice during the Damal programme extension period.

6.      Deliverables

The Consultant will be responsible for delivering the following outputs within the 17 working days assignment period:

1. Inception Brief: A concise inception notes outlining the understanding of the assignment, proposed methodology, workplan, and consultation approach, submitted at the start of the assignment.
2. Review and Gap Analysis Report: A comprehensive report assessing the existing notary service linked to ADR Centres, including legal, procedural, institutional, and capacity gaps affecting the documentation, recognition, and enforcement of ADR decisions.
3. Practical Improvement Recommendations: Clear, actionable, and rights-based recommendations to strengthen the existing notary service, with emphasis on enforceability of ADR decisions, gender-responsiveness, and survivor-centred safeguards.
4. Final Consultancy Report: A consolidated report incorporating feedback from the Ministry of Justice and programme implementing partners, including a realistic implementation roadmap.
5. Consultancy Time Sheet: A completed and signed time sheet detailing days worked, key activities undertaken, and dates of service delivery, submitted alongside the final report as a condition for acceptance and payment.

7.     Reporting and Supervision

The Consultant will work under the overall supervision of the MOJ and in close coordination with all programme implementing partners under the Damal Programme. The MOJ will provide strategic oversight, technical guidance, and supervision throughout the assignment to ensure alignment with national justice policies, ADR frameworks, and institutional priorities.

Day-to-day coordination and technical support will be undertaken in collaboration with the implementing programme partners, led by the MOJ, including NAFIS, Media-Ink and IDLO, as relevant. All key deliverables will be submitted to the MOJ for review, validation, and approval, with input from programme partners incorporated as appropriate.

The Consultant will provide regular updates to the MOJ and participate in coordination meetings as required to ensure timely progress, address emerging issues, and support effective implementation within the agreed 15-day timeframe.

1.     Qualifications and experience

The Consultant should meet the following minimum qualifications and experience:

• Advanced university degree in Law, Justice Sector Reform, Governance, or a related field.
• Minimum of 7 years of proven professional experience in strengthening justice systems, Alternative Dispute Resolution (ADR), legal services, or rule of law programming.
• Demonstrated experience in reviewing, strengthening, or institutionalizing notary services, legal documentation systems, or enforcement mechanisms within formal or hybrid justice systems.
• Strong understanding of Somaliland’s plural legal system, including statutory law, Sharia, and customary (Xeer) practices, and their interaction in ADR processes.
• Proven experience working with government institutions, particularly Ministries of Justice, courts, ADR Centres, or legal aid and justice service providers.
• Demonstrated ability to conduct legal and procedural gap analyses and to develop practical, implementable recommendations.
• Excellent analytical and report-writing skills in English; proficiency in Somali is required for consultations and field engagement.
• Proven commitment to human rights, gender equality, survivor-centred approaches, and safeguarding principles.

1.     APPLICATION PROCESS 

Interested and qualified consultants are invited to submit the following documents:

1.     Cover Letter outlines suitability for the assignment and relevant experience.

2.     Technical Proposal (maximum 3 pages) describing the proposed approach, methodology, and understanding of the assignment.

3.     Curriculum Vitae (CV) highlights relevant qualifications and experience.

4.     Financial Proposal indicating the proposed daily rate and total cost for the 17 working days (including all taxes and applicable costs).

5.     Sample of Previous Relevant Work, such as similar consultancy reports or assignments.

Applications should be submitted electronically to [email protected] no later than 25th February 2025, in response to this call for consultancy. Late or incomplete applications will not be considered.