TERMS OF REFERENCE
Legal counseling for voluntary returnees
1. BACKGROUND AND CONTEXT
Danish Refugee Council (DRC) is an independent, non-governmental organization (NGO), founded on the basis of humanitarian and human-rights principles to ensure the protection of refugees and internally displaced persons (IDPs), and to promote long-term solutions to the problems of forced displacement. DRC has been working in Somalia since 1997 and implements protection, livelihoods and emergency response programs throughout the country. The Country office of DRC Somalia is located in Mogadishu.
Within its broad project portfolio, DRC is working to facilitate the attainment of durable solutions for protracted IDPs, returnees and host communities in Somalia. As part of this strategy, DRC is implementing an Assisted Voluntary Return and Reintegration (AVRR) project in Mogadishu, and other cities in Somalia, to promote and facilitate the sustainable reintegration of voluntary returnees from abroad. Beneficiaries of the reintegration project receive a cash grant for immediate needs upon arrival, individual counselling sessions and a comprehensive livelihood package including VST/entrepreneurship training and start-up grants based on individual reintegration plans. Constant monitoring of the reintegration process is carried out by local DRC staff.The project is limited to a small caseload, approximately 30 voluntary returnees from abroad. All returnees had previously lived in Somalia, where they can rely on solid family ties and social networks. During the design and inception phases, DRC developed a detailed set of selection criteria and pre-screening and information sessions for individual cases, ensuring that the return process is fully in line with the DRC protection mandate.
DRC is seeking a legal service provider to conduct comprehensive and practical counselling sessions with returnees in the AVRR project, including
• Individual counselling on:
a. The Somali legal system, with particular reference to HLP and civil documentation.
b. Dispute resolution mechanisms available in Somalia under different legal frameworks (formal and informal).
c. Specific regulations of the main business sectors in which the returnees operate.
d. Follow-up sessions with special cases or with returnees who wish to receive personalised information and counselling through phone.
Counselling sessions should be relevant, useful, participatory and practical. They should be directed at specific needs of the returnees and cover the main aspects in details. Trainers/counsellors should use a simple and clear language, considering that most returnees have very limited levels of education.
3. KEY RESPONSIBILITIES
The assignment is based in Mogadishu, but the applicant should be able to provide services in other parts of the country. In some cases, counselling should be conducted through phone if the returnees are not able to come to the location assigned for legal counselling, and if the applicant does not have a legal representative able to provide counselling in the returnees’ location. The assignment is initially targeted for 30 returnees, however the counselling should be provided on an individual basis as per their arrival in Somalia. The counselling should be provided within three days of their arrival in Somalia. The counselling should cover all the topics mentioned in the Purpose section of this TOR and should be of one full day. The payment of the counselling service will be made on individual basis.
3.1. Key tasks/activities
Theservice provider will deliver individual counselling sessions on relevant legal aspects to the returnee coming from Norway covering the topics mentioned in the Purpose section of the TOR. Further if the returnees have some queries after attending the session, minimum one counselling should be provided through phone which is referred as follow up counselling
The service provider will provide the minimum one counselling through phone if the returnees are not able to come to venue for individual counselling. It is understood that through phone all the topics could not be covered, therefore service provider can counsel the returnees as per the queries and the interest of the returnees. The service provider will call the returnee to provide the counselling.
The service provider will make counselling material in collaboration with DRC.
During the individual counselling session, the service provider will provide refreshment and lunch to the returnees.
The service provider will provide invoice for both individual and phone counselling attached with small note and attendance sheet. The note provides the information about the topic covered and question raised by returnee. Further there will be no money paid for follow up counselling.
The service provider will produce one final report by the end of this project. The report should be submitted no later than 31 December 2016. The report should include the topics covered for counselling, queries raised by returnees, challenges, lesson learned, collaboration with DRC and other relevant topics.
Counselling and individual sessions must take be delivered with particular attention to:
1. The specific needs and challenges facing the target group (voluntary returnees from abroad who live in Somalia).
2. The extremely limited educational background of individuals in the target group.
3. The characteristics of business sectors of specific interest to individuals in the target group.
In doing so, the professional delivering the counselling session is expected to adopt a simple language and an inclusive, participatory approach. Information conveyed must be clear,relevant, practical and sufficiently detailed. Further the confidentiality of returnee’s information about their life, livelihood, and any other information should be maintained.
The service provider should follow the following methodologies:
1. Individual counselling
2. Counselling through phone.
3.3. Key deliverables/outputs
Working in close collaboration with DRC service provider will:
1. Develop counselling material and contents in line with the requirements of these TORs.
2. Deliver the individual counselling, phone counselling, and follow up counselling sessions to returnees.
3. Provide a safe and secured venue for individual counselling
4. Submit a 1500 words report at the end of the project, highlighting key outcomes and recommendations.
5. Conduct a final debriefing session with DRC staff in Mogadishu
4. DRC RESPONSIBILITIES
DRC will facilitate for this activity by contacting the returnee, informing the service provider, and by providing transport facilities to returnees who are in Mogadishu.
5. REPORTING ARRANGEMENTS
6. The technical focal person for this assignment is the Return and Reintegration Coordinator, to whom all technical issues and challenges must be reported timely.
For logistical and security arrangements while in Mogadishu, the consultant will refer to the Mogadishu Area Manager.
7. DURATION OF ASSIGNMENT
8. The overall duration of the assignment is until 31 December 2016 which is subject to amendment bases on funding. During this period the service provider is expected to provide legal counselling sessions to returnees on individual basis.
9. EXPECTED PROFILE OF THE SERVICE PROVIDER
Counsellors are expected to be highly qualified professionals in possession of the following requirements:
• Advanced university degree in Law;
• Qualified lawyers, either practicing or present in Somalia/Mogadishu
• At least three years of experience inproviding legal services in Mogadishu/Somalia.
• Three year experience in working with vulnerable clients, IDPs and returnees.
• Experience working with international organisations on protection and legal assistance programmes;
• In-depth knowledge of the Somali legal systems;
• Excellent communication skills;
• Good writing skills;
• Fluent in English and Somali.
10. TERMS & CONDITIONS
The service provider will be bound by and must adhere to all DRC security procedures while in Mogadishu.
11. GENERAL COMMITMENTS
DRC adopts a Humanitarian Accountability Framework outlining its global accountability commitments. All staff are required to contribute to the achievement of this framework (http://www.drc.dk/HAF.4265.0.html)
12. APPLICATION PROCESS
Interested applicants who meet the required profile are invited to submit an expression of interest including:
i. A suitability statement including the CV of participating consultant(s) with details of qualifications and experience.
ii. Short technical proposal that summarizes understanding of the TOR, methodology and tools to be adopted.
iii. Draft training material, including draft work-plan clearly indicating the activity schedule.
iv. Financial proposal providing consultancy fees, containing breakdown of costs.
v. Contacts of three organisations that have recently contracted the applicant to carry out similar assignment.
13. HOW TO APPLY:
Interested candidates who meet the required qualifications and experience are invited to submit updated CV and cover letter explaining their motivation and why they are suited for the post.
Applications should be send to email@example.com with a subject heading of “Legal Counselling for Voluntary Returnees” Application deadline is 22ndJune x