TERMS OF REFERENCE FOR CONSULTANT: LEGAL EXPERT FOR NGO ACT REVIEW

Title:                                        Legal Consultancy on Somaliland NGO ACT  

Organization:                                      Ministry of Planning and National Development

Proposed Period:                   May  –  July, 2024

Firm or Individual:                                        

Starting date:                             ASAP                                                                                                           

Background of NGO ACT

The Somaliland NGOs Act was established in 2010 with the purpose of regulating the activities of private voluntary grouping of individuals and associations that are non-partisan, impartial and not operated for profit. The act was put in place for the purpose of encouraging the NGOs to participate in the development of the country. NGOs are now recognized as key third sector actors on the landscapes of development, human rights, humanitarian action, environment, and many other areas of public action. Since its establishment nearly 12 years ago the NGO act has not been reviewed. Additionality, the Somaliland NGOs have experienced many challenges in ensuring they successfully adhere to the NGO Act. In its current status, the Act requires NGOs to renew their registration licenses on an annual basis. However, many NGOs currently working in Somaliland have voiced their concern on how this has proven to be a challenge, in particular the Umbrella organizations.

In addition, the Ministry of Planning & National Development (MoPND) has been constantly calling out and encouraging NGOs to abide by the law in ensuring the effective regulation and coordination of the sector. Unfortunately, many of the NGOs do not continuously register as required. Recently, this had resulted the government to consider in the suspension of some existing NGOs which were not up to date with their registrations.

Overall Objective of the consultancy

The assignment aims to review of the existing NGO Act, in identifying the challenges and opportunities and how it can be improved upon in fulfilling its goals of better coordination, collaborations and the regulation of the sector.

Specific objective.

1. To review and analysis the existing NGO ACT.

2. Underline all articles, rules, affecting humanitarian operations.

3. Provide legal advice based on the overall the NGO ACT.

4. Identify enabling regulation, law and policy for the letter attached

5. Prepare legal judgement report that also includes rational recommendations

6. Assignment is to enact an act to administer of NGOs which is in line with the sharia’a, constitution, social context and international legal frameworks.

Scope of Work

The engaged firm will deliver the above objectives to the Ministry of Planning and National Development and supporting partners.

Time Schedule      

The task will take 3 Months, starting from the effective date of the contract entered by the consultant and MoPND.                                                                                                   

Expected Outputs

• A reviewed NGO Act is ready to share with all concerned government institutions.

• The new draft will consolidate the administrative reform process.

• The proposed comments of ACT will incorporate best practices and mechanisms established on an ad-hoc basis and will provide the legal basis for Somaliland NGOs which effectively responds to the current challenges.

·         Written legal analysis outlining the gaps and challenges in the NGOs Act and with recommendations including the best practices.

Reporting:

The assigned representatives from the engaged firm will report to the Director of Coordination, Ministry of Planning and National Development on the above-mentioned objectives.

Deliverables:

Based on these terms of references, the engaged will cover the above tasks and send a complete report including analysis made, proposed solution and recommendation and the copy of the revised NGO ACT.

Qualification of the Consultant

The engaged firm must meet the following qualifications to be considered:

Registration 

o    Business Registration Certificate / Personal ID

o    Copy of valid Registration

o    Full CV of the consultant

Overall proposal costs

o    A proposed fee structure for the service including standard billing of all personnel expected to be assigned to the engagement. Although the proposed fees will be taken into account the organization reserves the right to negotiate a lower or different fee structure during the offer process