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Overview of position
Lately, the Somali constitutional review process has gained momentum again. Under the leadership of the Ministry of Constitutional Affairs, a strategic plan for the constitutional review process has been adopted and is currently being implemented. According to this strategic plan, the finalization of the federal set-up of the country is one of the top-priorities for the constitutional review process. Decisions in this respect are to be taken by the National Security Council (NSC) comprising of the executive leaders of the Federal Government (President and Prime Minister) and of the Federal Member States (Federal Member State Presidents) following political negotiations. In order to prepare the NSC’s political agreements, the Federal Government and the Federal Member States have established a Federal Negotiations Technical Committee (FNTC) comprising of trusted individuals with the necessary technical capacity to negotiate and prepare options for consideration and ultimate decision by the NSC. With the help of the FNTC, the NSC was already able to agree on the topics of natural resource sharing and the electoral system. Furthermore, the FNTC has already prepared the topics Federal Judiciary Model and the Allocation of Powers within the Federal System. Following a request by the Ministry of Constitutional Affairs, the consultancy aims at supporting the Ministry of Constitutional Affairs in preparing the NSC for the political negotiations on the remaining politically contentious issues (Fiscal Federalism and Public Finance, System of Government, National Security and the Status of the Capital City) and facilitating preparations of draft constitutional amendments based on these political agreements.
For that purpose, a constitutional expert will be recruited, who will be briefed and prepared by colleagues from the Max Planck Foundation for International Peace and the Rule of Law on the situation in Somalia and the actual questions at hand. The constitutional expert will then develop constitutional options for the consideration of the members of the FNTC (or any other political negotiations forum established to facilitate the negotiations between the Federal Government and the Federal Member States). At a workshop the constitutional expert, together with colleagues from the Max Planck Foundation for International Peace and the Rule of Law will present the suggested options to the FNTC (or any other political negotiators) and adjust them according to their ideas and preferences. This will be done for each of the four pending political issues of the federal negotiation process, i.e. Fiscal Federalism and Public Finance, System of Government, National Security and the Status of the Capital City.
The constitutional law expert will be responsible for the following tasks:
The role does not have team management function.