Terms of Reference for Legal Advisor/Firm

Terms of Reference:  Legal Advisor/Firm

Summary:

Legal Advisor/Firm should be available for Oxfam Somalia/Somaliland Country Office to assist and advocate, when there is a need for legal advises or legal representation while carrying its operations on day to day basis.

Background

Oxfam wants to see a Somalia where poor women and youth are able to thrive and survive in safety and dignity in spite of the stresses and shocks they face.  We do this by creating equitable access to and increased control over productive resources, wider access to sustainable and positive livelihoods, improving basic service delivery, access to impartial humanitarian aid, and poor women and youth having influence over decision making processes at all levels. 

Oxfam aims to empower women and young people to advocate for and claim their rights. We work to improving gender equality, inclusivity for all and strengthen social organizations, as stable and accountable local institutions are necessary to tackle inequalities, poor justice system, exclusion of marginalized groups in decision making and etc.

1. Duties and Tasks:

PART I

1. Legal Advice and Support:
2. To provide advice and guidance in legal matters related to Organization operations.
3. To assist the design of high value contracts and agreements with compliance of the Governments of Somalia, Somaliland and Puntland ensuring all the Organizations interaction with other parties are the best interest of the Organization.
4. To support programme teams in areas requiring legal support
5. To analyze legal complaints received by the Organization assessing the nature and the pattern of the compliant and prepare case briefs to check its legal significance.
6. To investigate legal complaints against Organization and help resolution of disputes in informal way, unless it deems necessary otherwise.
7. To update Organization about all legal circulations and legal references that is issued by the governments of Somalia, Somaliland and Puntland which has direct impact to its operations.

PART II

1. Legal Representation
2. To represent the Organization in front of the court when there is a legal case that involves the Organization.
3. To deliver and submit any documents concerning Organization from the courts.
4. To present and raise complaint in favor of the Organization to the courts after receiving necessary autonomy from the concerning authority.
5. To defend the Organization from any legal action that may arise against it in front of any authority.
6. To represent the Organization in front of arbitrators if there are any.
7. The Law Firm shall avoid taking any decision that may reflect legal responsibility to the Organization without prior approval by competent officer of the Organization.
8. To avoid renouncing any right due to the Organization.
9. Duration of Service:

This will start with one year framework agreement contract with the possibility of extension.

1. Payment Procedures
2. Payment will be on monthly basis. Oxfam will pay the legal advisor/firm the contract price in full at the end of every month, subject to confirmation form the HR that the Advisor is meeting his/her responsibility under this contract.
3. This fee will cover all the activities listed in paragraph “I” above.
4. If there is a court case against the organization and the Advisor/Firm is required to represent the organization and extra fee for this will be negotiated depending on the case at hand.
5. The currency of payment is in US $ and should be inclusive of all applicable taxes. Any conversion form other currencies shall be calculated on the basis of documented rates of conversion at the time the payment is made.

The Company or individual engaged to undertake the assignment must fulfil the following requirements

• Minimum of a Master’s degree in Law (LLM)
• Minimum of 6 years of professional experience of similar tasks with similar INGOs or UN organizations
• Overall broad legal knowledge and understanding of legal issues affecting NGOs including safety laws, immigration laws, labor and employment laws, and tax regulations in Somalia/Somaliland
• In-depth understanding of the court’s legal procedures and governments’ regulations in Somalia/Somaliland.
• Should be registered under the existed lawyers’ bodies or associations in Somalia/Somaliland
• Exemplary writing and editing skills, with proficiency in Microsoft Word, PowerPoint, Excel, Outlook, and the Internet in both English and Somali language

Interested applicants should submit the following documents:

• Updated resume for the lead legal advisor and updated company profile
• Technical proposal highlighting on legal consultations and court representation thoughts
• Consultancy fees on monthly basis covering all the activities listed in paragraph “I” above.
• Any valid registrations of Somalia/Somaliland Governments and tax clearance

if you are interested in the assignment, please send an email with the above documents to

[email protected] before October 25th, 2022. Indicate in ToR for Legal Advisor in the subject line of the e-mail.

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