Terms of Reference
BACKGROUND
Legal Action Worldwide (LAW) provides legal aid and empowerment to disadvantaged
groups in fragile and conflict-affected states. LAW has a regional focus on the Horn of
African and a particular emphasis sexual and gender-based violence (SGBV) and forced
displacement.
People living fragile and conflict-affected such areas generally experience both an
increased vulnerability to human rights violations and a decreased ability to access
justice. LAW aims to address this through legal interventions aimed at empowering people
to know and exercise their rights. It does this through numerous strategies, including
working with local legal aid providers to facilitate collaboration and capacity building.
LAW is currently working on a project supported by UN-Habitat to strengthen access to
justice for land disputes and conflicts in Somaliland and Puntland in northern Somalia.
Currently, almost all land disputes are dealt with through Xeer, a local system of justice
which is distributed by customary elders, has demonstrated resilience and enjoyed
community trust and support throughout decades of conflict and which focuses on
resolving disputes using a conciliatory, consensus-based approach. Given the clan-based
and patriarchal nature of this system, however, it is less adequately equipped to protect or
respond to the needs of vulnerable groups such as women, internally displaced persons
(IDPs), refugees and minority clans.
UN-Habitat has recently established Land Dispute Tribunals (LDTs) in Somaliland and is
in the process of doing so in Puntland. The LDTs form part of the formal justice sector and
at present remain inaccessible to the vast majority of Somalis living in these regions.
LAW’s project is to identify areas in which the customary and formal systems may merge
or complement each other in the resolution of land disputes and to increase the capacity of
the LDTs to respond to the needs of local populations.
LAW is seeking an international expert to review reports produced by LAW as part of this
project and to attend two roundtables on this issue, to be held in Puntland and Somaliland.
This position is offered on a consultancy basis for a period of thirty days.
Position timeframe: June 2015- February 2016 (30 days altogether)
BACKGROUND
Legal Action Worldwide (LAW) provides legal aid and empowerment to disadvantaged
groups in fragile and conflict-affected states. LAW has a regional focus on the Horn of
African and a particular emphasis sexual and gender-based violence (SGBV) and forced
displacement.
People living fragile and conflict-affected such areas generally experience both an
increased vulnerability to human rights violations and a decreased ability to access
justice. LAW aims to address this through legal interventions aimed at empowering people
to know and exercise their rights. It does this through numerous strategies, including
working with local legal aid providers to facilitate collaboration and capacity building.
LAW is currently working on a project supported by UN-Habitat to strengthen access to
justice for land disputes and conflicts in Somaliland and Puntland in northern Somalia.
Currently, almost all land disputes are dealt with through Xeer, a local system of justice
which is distributed by customary elders, has demonstrated resilience and enjoyed
community trust and support throughout decades of conflict and which focuses on
resolving disputes using a conciliatory, consensus-based approach. Given the clan-based
and patriarchal nature of this system, however, it is less adequately equipped to protect or
respond to the needs of vulnerable groups such as women, internally displaced persons
(IDPs), refugees and minority clans.
UN-Habitat has recently established Land Dispute Tribunals (LDTs) in Somaliland and is
in the process of doing so in Puntland. The LDTs form part of the formal justice sector and
at present remain inaccessible to the vast majority of Somalis living in these regions.
LAW’s project is to identify areas in which the customary and formal systems may merge
or complement each other in the resolution of land disputes and to increase the capacity of
the LDTs to respond to the needs of local populations.
LAW is seeking an international expert to review reports produced by LAW as part of this
project and to attend two roundtables on this issue, to be held in Puntland and Somaliland.
This position is offered on a consultancy basis for a period of thirty days.
Position timeframe: June 2015- February 2016 (30 days altogether)
Reports to: Legal Adviser
Responsibilities
Reviewing, editing and advising on:
Responsibilities
Reviewing, editing and advising on:
- A report produced by LAW on land dispute management systems in
comparative jurisdictions (‘comparative jurisdictions report’) - A report produced by LAW on the customary and formal land law systems in
Somaliland and Puntland and opportunities for connections to be made
between them (‘customary land law report’) - Training materials produced by LAW for LDT staff
• Attending two roundtables on land dispute resolution in Somaliland and Puntland
Job tasks include
• Reviewing information provided by LAW on land issues in Somaliland and
Puntland
• Joining periodic conference calls with LAW and UN-Habitat staff on project
updates and ways forward
• Advising LAW staff on recommendations to be included in the customary land law
report
• Reviewing and providing feedback on a first and final draft of the comparative
jurisdictions report and the customary land law report
• Reviewing and providing feedback on training materials for LDT staff
• Any other related tasks as determined by the Legal AdviserMinimum qualifications
• Qualified lawyer or legal expert with not less than ten years professional - experience in land law
• At least five years experience in working in environments with hybrid legal
systems (ie a combination of formal and customary legal structures)
• Experience working in conflict or post conflict states
• Experience working in states with conflicting sources of formal laws (eg a
combination of common and civil law) strongly preferred
• Understanding of Somali history, culture and context
• Experience in drafting security protocols;
• Fluency in English, competency in Somali preferred;
• Understanding of the Somali legal, cultural and political system;
• Excellent analytical, organisational and communication skills;
• Strong interpersonal and teamwork skills.
HOW TO APPLY:
Send your applications to: brown@legalactionworldwide.org