TERMS OF REFERENCE:
Project evaluation study on Access Justice for marginalized groups in Somaliland (Maroodijeex, Awdal, Sahil and Togdher regions)
Oxfam Somalia completed the implementation of Danyare Project and seeking a consultant that conducts Final evaluation of the project. The evaluation report would inform all project stakeholders mainly donor, Oxfam and implementing partners on project’s performance and would be an accountability instrument to check if the project had achieved its objectives and outcomes. Project is implemented by Hargeisa University Legal Aid clinic and with technical support from Oxfam. The consultant is expected to lead the evaluation exercise and share comprehensive report on situation of marginalized people to have fair access to justice.
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.
Access to justice in Somaliland is a complex issue. Different justice systems work parallel to each other and the awareness of the population which route to justice to take is very low, particularly in rural areas. Government institutions and formal justice providers are primarily based in urban areas in Somaliland. Rural areas have therefore little to no access, making the informal system, Xeer, often the only one to deal with cases. This places women and youth in difficult situations as they do not form part of the elders group. Legal representation in the formal system is dire. Internally Displaced Peoples (IDPs) also face considerable challenges including but not limited to social, economic legal problems, shelter, inaccessibility to land, property, security, health and education. Therefore, with the proposed action this consortium seeks to contribute to increased access to fair and effective justice in Somaliland that adequately deals with community members’ grievances, in particular those faced by women, youth, IDPs and minorities.
In Somaliland, communities outside of the regional capitals have little or no access to the formal justice system. The importance of Xeer is indisputable, as customary law rules are applied in solving around 80% of all disputes and criminal cases. Particularly in rural areas, Xeer continues to be the predominant justice system. However, traditional elders often make decisions on serious criminal cases that adversely affect vulnerable groups such as women, children and minorities. Many current practices of Xeer contradict with basic concepts of equality before the law, justice and fairness as enshrined in both Shari’a and secular law as well as do not ensure adequate protection of the accused, fair treatment of vulnerable groups, indigents, women, minority groups and individuals who are not supported by clan. Therefore, the co-applicant University of Hargeisa’s Legal Clinic has been contributing to the improvement of the legal education of law students by providing them with an opportunity to apply and expand their theoretical understanding of the law in a client service context.
The project aims
This project aims to achieve is to contribute to increased access to fair and effective justice in Somaliland that adequately deals with community members’ grievances, specifically those faced by women, youth, IDPs and minorities.
To contribute to this goal, the action has four specific objectives:
- Women, children, IDPs, minorities and individuals, facing lack of justice, including those on remand status and in pre-trial detention, have increased access to legal services in relation to criminal & civil matters. (Legal Aid Component). This objective is specifically targeting people who have already been in touch with either the formal or informal rule of law and shall be mainly providing legal aid to those who need it most, in particular those in pre-trial detention. Through the proposed activities 4,500 (2,800 women and 1,700 men) beneficiaries will be assisted to access justice and receive remedial rights from police stations to the prison in all six regions in Somaliland, with a strong focus on rural areas.
- Justice Institutions can respond effectively to community needs and work in coordination to address communities’ and individuals’ grievances (Institutional effectiveness component). This objective addresses the need to improve on the connection and coordination between various justice institutions and stakeholders, addressing gaps in the justice chain, as well as ensuring linkages between formal justice actors and informal ones. In total, around 12 institutions such as courts, police, prosecution office, Ministry of justice, bar association, law reform commission, legal providers will benefit from this specific objective.
- Local communities have greater awareness of their rights and the functioning of justice systems in Somaliland and can select and access appropriate justice channels (Access to Justice and Legal Awareness Component). This objective addresses the urgent need to sensitize the individuals and communities in Somaliland about their rights in a gender-sensitive manner, about which routes to justice are available and what these imply. In total 9,000 (six thousand in urban areas and three thousand in rural areas) people are expected to benefit from this specific objective, in the following areas: Ayaxa 1 and Ayaxa 2, Daami, Stadium, State House, Mohamed Mooge, and Sheikh Nour.
- Civil society, particularly those representing the needs of women, youth, minorities and IDPs, actively and effectively participate in justice reform processes and advocate for the rights of communities and individuals (Justice Reform component). Currently, justice reform is a priority for the Government of Somaliland and many initiatives are in place, including an updated judicial reform strategy. It is critical that communities and civil society take part in these discussions and advocate for improved accountability mechanisms for justice and security providers.
- Outcome Table
Outcome Indicator Women, children, IDP’s, minorities and individuals, facing lack of justice, including those on remand status and in pretrial detentions have increased access to legal services in relation to criminal & civil matters. # women, children, IDPs, minorities in touch with the rule of law have received legal aid and their rights are respected Justice institutions can respond effectively to community needs and work in coordination to address communities and individual’s grievances. # justice institutions have taken coordinated action to address gaps in the justice system Local communities have greater awareness of their rights and the functioning of justice systems in Somaliland and can select and access appropriate justice channels. # Men and Women in local communities consciously select appropriate justice channels Civil society, particularly those representing the needs of women, youth, minorities and IDP’s, actively and effectively participate in justice reform processes and advocate from the fights of communities and individuals CSOs that take part in these discussions and advocate for improved accountability mechanisms for justice and security providers To reach each of the action’s four specific objectives, the following expected results are planned to be produced. Result Expected outcome R1.1: An increased number of individuals in rural areas have access to legal assistance # men and women lacking access to justice in rural areas have received legal assistance from (mobile) lawyers of paralegals Expected outcome R1.2: An increased number of individuals in urban areas have access to legal assistance. # Men and women lacking access to justice in urban areas have received legal assistance by legal aid clinics Expected outcome R2.1: Communities are connected to established paralegal networks, for access to justice mechanisms. One of the main problems encountered during the preparation of this proposal is the disconnect between avenues to justice and the communities. # targeted IDP communities work on mechanisms to better meet justice needs. Expected outcome R2.2: Improved coordination’s between justice and security institutions, including justice providers from informal justice mechanisms. Key justice system and security institutions meet on a regular basis to discuss justice gaps. Expect outcome R3.1: Raised awareness of communities and individuals in rural areas on different routes to access justice Men and women in 4 communities understand basic rights in justice system Expected outcome R4.1: Civil society organizations capacities strengthened to effectively advocate for improved accountability and policy implementation. # CSOs have been trained on the justice system and investigative research. Expected outcome R4.2: Increased evidence for advocacy regarding the justice reform process. Representatives of key actors in the justice sector have received information on the gaps in the justice system and possible solutions
The overall objective of the evaluation is to collect qualitative and quantitative data on the access of justice of marginalized in Somaliland with specific focus venerable groups such women and youth.
The specific objective of the evaluation are
- Provide contextual analysis of the justice system in Somaliland and level of quality of access, systems and different perception by justice stakeholders.
- Analysis on knowledge and Attitude, and Perception of marginalized groups towards justice systems and institutions.
- Provide benchmark measurement for all the indicators of the project at outcome and result level and complement with rigorous analysis details expatiation of the indicators to enable change over beneficiaries to be measured
- Develop recommendations for project monitoring, implementation, learning and final impact assessment.
Proposed Approach and Methodology
Oxfam welcomes consultant to submit expressions of Interest that is line with evaluation overall and specific objectives. The Study should utilize participatory methods to collect both qualitative and quantitative data. It is expected that evaluation will use a mixed methods approach, combining qualitative and quantitative data and all data, collected through the assessment must be disaggregated by sex and age. The evaluation will use primary data collection and secondary data review to produce the final report of the
Duration of the Consultancy
The Consultancy is expected to take a period of one of month include data collection, analysis and reporting.
Lines of Communication
The consultant will report to the Program Manager & MEL specialist.
Ownership of outputs
The outputs of this contract as stipulated in the Terms of Reference belong to Oxfam.
Mode of Payment
All payments will be made through bank account in the name of the Consultant/Consultancy Firm.
Qualification & Experience of Consultant(s):
The Company or consultant engaged to undertake the assignment must fulfil the following requirements
- Minimum of a degree in Social Sciences, Law or any related field
- Minimum of 5 years of professional experience in conducting research and/or evaluation assessments in access to justice, human rights programming and
- Proven experience in research methodologies, and other approaches (including quantitative, qualitative and participatory)
- Good writing skills, including coherent and consistent documentation
- Capacity to work with a multi-disciplinary team, including coordinating technical input into research work
- Ability to work rapidly, both in person and remotely, with team members in various locations.
How to apply:
Please submit all technical and financial proposals, with CV to Oxfam logistic and procurement team in Somaliland Country Program. Email: email@example.com latest by Sunday 8th November 2020.