UNICEF SOMALIA
Vacancy Announcement: UNSOM/2013/047
Terms of Reference (TORs) for Development of FGM/C Prohibition Act in Puntland
Title:
Category and Grade
Type of Contract:
Length Of Contract:
Organization Unit:
Duty Station:
Date of Issue:
Closing Date of
Applications:
Legal and Policy Specialist in Somalia
P3/NOC Equivalent
Special Service Agreement
58 days
Child protection
Garowe- Somalia
5th November, 2013
19th November, 2013
READVERTISEMENT
Background and Context
FGM/C is defined as “procedures involving partial or total removal of female genitalia, or other injury to
female genital organs.” Somalia has one of the highest prevalence rates of FGM/C in the world, with
more than 98% of Somali girls between the ages of 4 to 12 being cut (UNICEF MICS 2006). The
majority of these girls and women are subjected to ‘pharonic’ FGM/C, the most severe form of the
practice, usually involving infibulations1. Beyond the obvious initial pain of the procedure, the long-term
physiological, sexual and psychological effects of FGM/C are well documented. The consequences can
include death as a result of shock, hemorrhage or septicemia, as well as complications in childbirth
contributing to already high levels of maternal and infant mortality. Despite internationally recognized
laws against FGM/C, lack of validation for the practice in Islam and global advocacy to eradicate the
practice, it remains deeply embedded in Somali culture.
Several factors perpetuate FGM/C, include:
 Strong traditional values/belief systems that promote cutting;
 Unclear position amongst Somali religious scholars on FGM/C;
 Poor understanding of children’s/girls’ rights;
 Strong social conventions linking the practice to marriageability
The strategy UNICEF has employed in the past five years towards abandonment of FGM/C has been 5
–pillared namely:
1) Using human rights-based community empowerment models, which facilitate a process of dialogue
on rights between communities and duty bearers
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Known as Type III FGM/C– Narrowing of the vaginal orifice with creation of a covering seal by cutting and appositioning the labia
minor and/or the labia majora, with or without excision of the clitoris.
2) Bringing Somalia’s religious leadership into dialogue with revered international Islamic scholars to
reach consensus on FGM/C abandonment further the possibility of high-level policy and legal
developments and attitude change on FGM/C.
3) Advocacy for enactment, enforcement and use of Legislation and national policy to promote
abandonment of FGM/C
4) Media campaigns and other forms of communication
to support and publicize FGM/C
abandonment
5) FGM/C Integration and expansion into reproductive health policies, planning and programming
including working with Health Workers Networks against Medicalization of FGM/C.
Progress of FGM/C Prohibition Act
In December 2011, the Government of Puntland passed FGM/C legislation that allowed for the
continued practice of the ‘Sunna’ type of FGM/C. Taking into account the fact that all types of FGM/C
violate children and Women’s rights and UNCIEF’s stand on zero tolerance and abandonment of all
types of FGM/C, UNICEF has supported the Ministry of Justice, Religious Affairs and Rehabilitation to
revise the 2011 legislation and develop a legislation outlawing all forms of FGM/C. So far, draft
legislation was finalized, inputs from UN agencies and stakeholders including Ministries obtained, and
some incorporated.
Objective
The objective of this assignment is to support the Ministry of Justice, Religious Affairs and
Rehabilitation in Puntland in the revision and finalization of Female Genital Mutilation/cutting (FGM/C)
Prohibition Act and ensure it is in line with international standards and best practices while at the same
time being culturally sensitive to Somalia context.
Scope of Work
In collaboration with the UNICEF Program staff and Line Ministries, the Expert will be responsible for
the following:
 Development of a concept note/inception report and work plan outlining issues and methodology
in relation to the assignment for discussions and approval;
 Conduct a desk review of FGM/C work in Somali focusing but not limited to legislation, policies and
implementation strategies/plans, researches and materials, international and regional human rights
instruments, frameworks and declarations on FGM/C among other relevant documents with a view
of identifying the legislation gaps and challenges and compare the findings with work on FGM/C in
various jurisdictions in Africa on legislation and policies.
 Collect and collate stakeholders’ views and inputs on the Act including policy makers but not limited
to parliamentarians, government ministries, civil society, religious organizations, bilateral agencies
as well as UN Agencies on: key priority areas for legislation, Institutional framework for
implementation of the law
 Facilitation of stakeholders’ forums in Puntland to inform the FGM/C Prohibition Act
 Revision of the draft FGM/C Prohibition Act taking into account findings of the desk review,
stakeholders’ interviews/Consultative forums, the revision will take into account of international and
regional human rights standards and frameworks; any available frameworks and strategies on
FGM/C in Somalia. Comparative gender and legal analysis with similar jurisdictions to ensure that
the Act is in line with international standards and best practices while at the same time being
culturally sensitive to Somalia context.
 Develop tools/guidelines and validate the draft FGM/C Prohibition Act with stakeholders including
but not limited to: Government officials, UN agencies, NGOs representatives, women and youth
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leaders, traditional leaders, religious leaders, including but not limited with the government
officials
Support the Ministry of Justice, Religious leaders and Rehabilitation in preparation and presentation
of the Act to the cabinet and parliament including attending the cabinet and parliamentary sessions
and - capacity building, training and summarising of key advocacy points
Support the validation workshops for the draft FGM/C Prohibition Act and incorporate inputs from all
stakeholders (2nd Draft) and present the revised draft to the relevant government ministry.
Prepare advocacy and lobbying talking points to support advocacy for the Act focusing on various
stakeholders ( parliamentarians, religious leaders, women and youth groups leaders, cabinet etc)
Revise the Act taking into account inputs from the cabinet and parliament
Submit the final report and Prohibition of FGM/C Act that should be comprehensive and culturally
Deliverables
The expected deliverables of the assignment will include:
1. A report of the desk review
2. A Concept note with a work plan outlining key issues for consideration in the review of the Act for
discussions and approval
3. Tools to facilitate stakeholders consultative forums
4. Validation tools
5. Validation reports with all stakeholders
6. Advocacy and lobbying talking points for use to influence various stakeholders ( cabinet,
parliamentarians, religious leaders and other key stakeholders developed
7. Training and capacity building reports of the Inter-ministerial committee, Line Ministry staff and
other stakeholders who will present the law for approvals at the cabinet and Ministerial level
submitted
8. FGM/C Prohibition Act – 3 hard copies and a soft copy formatted and type set ready for printing
 . The Office will be responsible to cover costs related to security matters.
Management, Organization and Timeframe
The consultant will work under the supervision of the Child Protection Specialist- Community Based
Program, in close consultation with the Justice for Children Specialist. The position will be based in
Garowe. The Line Ministry staff will support the Consultant during the workshops with translation,
administrative, logistical and field work during the validation of the documents, data gathering and
security related undertakings concerns in the course of the assignment. Desk review can be done from
home.
The Consultant will be expected to commit himself /herself to undertake the assignment on agreed
dates. This is a task task-based assignment and the Consultant shall be expected to confirm availability
within the agreed time frame.
UNICEF Somalia will be responsible to cover return air tickets from and to the home country. The Office
will also cover travel to/from and within Somalia
Payment Schedule:
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Payments will be based on satisfactory completion of all deliverables
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First payment (20%) Upon submission of the following:
 concept note and work plan outlining key issues for consideration in the assignment for discussions
and approval
 Desk review report
 Tools to facilitate stakeholders consultative forums
Second payment (30%) upon submission and approval by UNICEF of the following:
o Consultation report with stakeholders
o An outline of the FGM/C legislation upon completion of consultation forums with key stakeholders
o First draft of the FGM/C Act
o
Validation tools
o Validation report with stakeholders
Third payment (50%) upon submission and approval by UNICEF of the following:
o Advocacy and lobbying talking points for use to influence various stakeholders to approve the
legislation ( cabinet, parliamentarians, religious leaders and other key stakeholders
o Training and capacity building reports of the Inter-ministerial committees, Line Ministry staff and
other stakeholders who will present the law for approvals at the cabinet and Ministerial level
o Report of the approval
o Revised FGM/C legislation
o 3 soft and hard copies of the FGM/C Prohibition Act formatted and ready for printing
Qualification, Specialized knowledge and Experience
 At least a Master’s Degree in Law
 Over 5 years’ experience in gender and development issues especially FGM/C and legislative
drafting and policy formulation processes
 Good understanding of legislative, policy and programs on FGM regionally and especially within the
Somali community.
 Experience in legislative drafting and review from other countries
 Experience in more than one country context is preferred. Familiarity with Somalia Context is an
advantage
 She/he will possess knowledge of human rights and cultural sensitivities impacting on FGM practice
in the region
 Experienced in liaising with high profile public officials and capable of responding rapidly to ad hoc
requests for meetings under tight deadlines
 Knowledge of the sociocultural setting of Somalia, preferably with previous working experience in
Somalia or similar working environment.
 Ability to work with people from a broad range of cultures –
 willingness to work in difficult circumstances
Interested and qualified candidates should send their applications with updated UN Personal History
Form (P.11) form, updated CV attaching copies of academic certificates to the email below. UN staff
should provide the last two Performance Evaluation Reports (PERs). Applications submitted without
a duly completed and signed Personal History Form (P11) will not be considered. Please
indicate your expected fee for services of the assignment.
Applicants must quote the vacancy number and post title in the subject line of the application.
Email to somaliahrvacancies@unicef.org
Only short-listed applicants will be contacted
UNICEF is committed to diversity and inclusion within its workforce, and encourages qualified female
and male candidates from all national, religious and ethnic backgrounds, including persons living with
disabilities, to apply to become a part of our organization.
More vacancy announcements are posted on UNICEF Somalia website
http://www.unicef.org/somalia/index.html
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