GIZ Announcement: Consultant in legal matters in Djibouti

Terms of reference (ToR) for support BNCM in drafting the necessary legal frameworks for better coordination

General information

a. Brief information on the project

The objective of the Better Migration Management (BMM) programme is to improve the human-rights based management of safe, orderly and regular migration and to support competent national authorities in addressing the trafficking in human beings and the smuggling of migrants within and from the Horn of Africa region.

The project is commissioned by the Federal Ministry for Economic Cooperation and Development (BMZ) and is co-funded by the European Union for the duration from October 2022 to September 2025. The project is implemented by a partnership of British Council, CIVIPOL, IOM, UNODC, and the lead organisation GIZ. The target countries in the Horn of Africa are Djibouti, Ethiopia, South Sudan, Kenya, Somalia and Uganda. The BMM III programme has three components:

• Migration Governance;
• Cooperation on Anti-Trafficking and Anti-Smuggling;
• Protection.

As part of the implementation of the BMM programme, GIZ has a dual role of both coordinating the activities of the implementing partners based on the agreed-upon annual work plan as well as to directly implement certain activities.

b. Context

The Better Migration Management (BMM) programme supports the national authorities in facilitating migration management grounded in a better coordination based approach. BMM supports the National Coordination Office for Migration (BNCM) to strengthen its role in coordination of both national and international organization within the field of migration. The National Cordination office for migration (BNCM french abbreviation) is a key partner with whom GIZ is collaborating for a better migration management, especially in terms of migration governance. The BNCM operates under the supervision of the Ministry of the Interior. It is tasked with coordinating all migration-related matters within the country and serves the main focal point for partners working on migration at national, regional and global level. Moreover, it aims to capitalize on opportunities arising from the migration phenomenon.

Established by Decree No. 2019-279/PR/MI in 2019, the National Coordination office for migration was officially inaugurated on Thursday 29 July 2021 by the Prime Minister, H.E. Mr Abdoulkadir Kamil Mohamed. As a newly formed entity , in alignment with the action plan agreed at the BMM's annual planning meeting, the immediate focus is on formulating the legal frameworks needed to improve the BNCM operational.

Objectives:

The objective of this task is to identify and analyse the various international and national legal frameworks relating to safe, orderly and regular migration, so that the consultant in charge can draft all the missing regulalary rules to ensure better coordination for National Coordination office for Migration.

c. GIZ shall hire the contractor for the anticipated contract term from the 02th june 2024 to the 02th August 2024. Up to 25 days are estimated to fulfil the contract.

d. The contractor shall provide the following work/service:

• To carry out a legislative and regulatory review in order to examine national laws, policies and regulations enabling better coordination between the governmental and non-governmental institutions concerned for safe, orderly and regular migration.
• Identify best practice in coordination in the context of migration.
• Draft the necessary texts on behalf of BNCM to ensure better coordination.
• As legal expert enhance the quality of preliminary draft texts on the powers of prefects and the organisation of prefectoral administration.
• The consultant will submit activity report to GIZ and the payment will be after endorsement by national coordination office for migration and GIZ.

Deliverable

End of this consultance the consultant will provide the below deliverable:

• Provide the diagnostic report
• Draft the necessaries legal frameworks outcoming during diagnostic to enhance the BNCM's operations.
• Revision and submission of the preliminary drafted texts on the powers of prefects and the organisation of prefectoral administration.

Tender requirements

1. Qualifications of proposed staff

1.1 Expert 1:

1.1.1 General qualifications

Education: master degree in the field of law, communication other relevant fields.

Professional experience: 5 years of progressively responsible experience law or humain right texte drafting.

1.1.2 Experience in the region/knowledge of the country in Djibouti: 5 years of experience working in Djibouti

1.1.3 Language skills: Native speaker in French, both written and verbal

2. Appropriateness of proposed concept

2.1 The consultant should demonstrate expertise in law, human rights, migration, legal frameworks

2.2 The consultant should propose an approach to conducting research, compiling information and presenting it in an accessible format.

2.3 Good understanding of the mission of the national coordination office for migration of Djibouti.

3. Specification of inputs

• Timeframe: Two months
• Total days: 25 days

Note:

If restrictions are introduced to combat coronavirus/COVID-19 (restrictions on air travel and travel in general, entry restrictions, quarantine measures, etc.), GIZ and the contractor are obliged to make adjustments to their contractual services to reflect the changed circumstances on the basis of good faith; this may involve changes to the service delivery period, the services to be delivered and, if necessary, to the remuneration.

4. Fixed lump sum price – contract for work

N/A

Since the contract to be concluded is a contract for work, we would ask you to offer your services at a fixed lump sum price per session (3 sessions in total), which covers all relevant costs (fees, travel costs, etc.). The assessment of the financial bid is based on the lump sum price tendered. For the purposes of our internal calculations and any subsequent contracts, we would also ask you to state the daily rate used for the tender. A breakdown of the days is not necessary.

Note:

If restrictions are introduced to combat coronavirus/COVID-19 (restrictions on air travel and travel in general, entry restrictions, quarantine measures, etc.), GIZ and the contractor are obliged to make adjustments to their contractual services to reflect the changed circumstances on the basis of good faith; this may involve changes to the service delivery period, the services to be delivered and, if necessary, to the remuneration.

5. How to apply

Sent your CV, technical and financial offers to all following email addresses:

• choukri.abdourahman@giz.de
• loula.abdi@giz.de,

Submission deadline: Should you be interested in implementing the tasks according to the Terms of Reference, we kindly ask you to submit your bid by May 19, 2024 @ 05:00pm.

• Application in English and French are both accepted
• On your application, please specify the full title of the consultancy;
• Kindly note that if one of the documents listed above is not provided your application will not be eligible.

Appendices:

•  Terms of Reference (ToR)
•  Price Schedule
•  General terms and conditions of contract