Job Description

Federal Government of Somalia

Ministry of Agriculture and Irrigation (MoAI)

Terms of Reference (ToR)

Position Title: National legal expert
Project: UNJP/SOM/087/UNJ – JOSP Governance for Adaptation to Climate Change
Duty Station: Mogadishu, Somalia (with frequent travel to Hirshabelle and South-West States)
Duration: 12 months (renewable based on performance and project needs)
Reporting to: National Project Coordinator

1.Background

The Ministry of Agriculture and Irrigation (MoAI), in partnership with the Food and Agriculture Organization of the United Nations (FAO), is implementing the Jowhar Off-Stream Storage Programme (JOSP) as a flagship national intervention aimed at strengthening water governance, improving irrigation management, and reducing climate-related vulnerabilities in the Shabelle River Basin. The programme addresses persistent challenges linked to irregular river flows, frequent flooding, sedimentation, weak regulatory systems, and fragmented institutional arrangements that limit equitable and efficient water distribution for agriculture.

Somalia’s irrigation governance framework remains underdeveloped due to decades of conflict, limited institutional capacity, outdated water laws, and the absence of harmonized national and state-level legislation regulating irrigation systems, users’ rights, water allocation mechanisms, and management responsibilities. Across Federal Member States, existing irrigation practices rely heavily on traditional arrangements, which despite their cultural importance often lack legal clarity, are not documented, and do not ensure fair and sustainable benefits for upstream and downstream users.

To address these gaps, the JOSP programme prioritizes the establishment of a strong national legal and regulatory foundation for water governance by developing the National Irrigation Policy, the National Irrigation Law, and the National Riverine Irrigation Strategy, along with associated operational guidelines and technical manuals that will support standardized, transparent, and inclusive irrigation management practices. These legal instruments will play a central role in guiding the rehabilitation and management of irrigation infrastructure, strengthening local governance bodies, regulating water distribution, and ensuring that water resources are used equitably, sustainably, and with clear accountability mechanisms.

The Legal Expert will therefore provide specialized legal drafting, review, advisory, and coordination support to ensure that JOSP governance frameworks are aligned with the national Constitution, federal–state mandates, customary practices, and international obligations. The role will also ensure that the legal framework facilitates climate-resilient development, enhances community participation in irrigation management, and supports long-term institutional reforms within MoAI and Federal Member States.

2. Objective of the assignment

The Legal Expert will lead the drafting, review, and legal consolidation of all regulatory and governance instruments required under JOSP. This includes preparing the National Irrigation Law, contributing to the National Irrigation Policy, supporting the Riverine Irrigation Strategy, developing Participatory Irrigation Management (PIM) guidelines, and ensuring that all instruments are aligned with the legal and institutional context of Somalia. The expert will also ensure harmonization between federal and state legislation and provide legal guidance for the establishment and operation of irrigation governance structures.

3. Scope of work and responsibilities
   • Oversee and manage all legal matters of the Ministry, ensuring full compliance with national laws and government procedures.
   • Provide clear legal guidance on contracts, policies, and decisions to safeguard the Ministry’s interests
   • Contribute National Irrigation Law aligned with JOSP governance and operational needs.
   • Provide legal advice to MoAI leadership and technical departments.
   • Review and refine the National Irrigation Policy to ensure legal clarity and consistency.
   • Contribute regulatory frameworks for Participatory Irrigation Management (PIM).
   • Support the legal establishment of irrigation committees at all levels.
   • Ensure all JOSP instruments align with national laws and customary water practices.
   • Draft and update laws, regulations, directives, and operational manuals.
   • Review and validate contracts, agreements, and MoUs for compliance.
   • Support negotiations of institutional and strategic agreements.
   • Identify and mitigate legal risks related to irrigation governance.
   • Ensure compliance with national legislation and international obligations.
   • Provide legal interpretation for resolving governance and operational disputes.
   • Harmonize federal and state legal frameworks on irrigation and water use.
   • Prepare legal briefs, advisory notes, and analysis documents.
   • Deliver training on legal compliance, contract management, and administrative procedures.
   • Conduct legal awareness sessions for staff and stakeholders.
   • Coordinate with JOSP technical teams on governance and regulatory components.
   • Participate in consultations, workshops, and inter-ministerial coordination meetings.
   • Align JOSP legal work with FAO guidance, donor requirements, and best practices.

4. Deliverables

The Legal Expert will deliver the following outputs:

• A complete draft and final version of the National Irrigation Law.
• Updated and legally refined sections of the National Irrigation Policy.
• The legal chapter and regulatory framework for the Riverine Irrigation Strategy.
• Comprehensive PIM guidelines that outline legal requirements, institutional roles, and operational procedures.
• A consolidated JOSP Irrigation Governance Framework with clear legal architecture.
• Advisory notes, legal briefs, and technical documents supporting federal–state coordination.
• Reviewed contracts, agreements, and regulatory documents as required by the Ministry.
• Capacity-building materials and training reports for MoAI staff.

Experiences and Qualifications

• Bachelor’s Degree in Law (LLB) from a recognized and accredited university.
• Master’s Degree in Law, Public Policy, Governance, or a closely related field is highly desirable and will be considered a strong asset.
• Experience & Competencies(optional to include if needed)
• Demonstrated understanding of national legal frameworks, regulatory systems, and institutional mandates.
• Strong written and verbal communication skills, with the ability to produce clear and authoritative legal documents.
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Professional Experience

• Minimum of five years of experience in legal practice within government, public sector, or international institutions.
• Proven ability to provide high-quality legal analysis, policy interpretation, and compliance guidance.
• Knowledge and experience in irrigation, water resources, land governance, or natural resource law is highly desirable.
• Strong written and verbal communication skills, with the ability to produce clear and authoritative legal documents.
• Strong understanding of the Somali legal system, governance structures, and public administration.

Skills

• Excellent drafting, analytical, and advisory skills.
• Strong understanding of legal interpretation and regulatory design.
• Ability to work under pressure, manage multiple tasks, and meet deadlines.
• Fluency in Somali and English.
• High professional integrity, discretion, and ethical conduct.

Reporting arrangements

The Legal Expert will report directly to the National Project Coordinator. The expert will work closely with the Director of the Department of Irrigation, Land Use, and Agro-Meteorology, as well as JOSP technical teams and Director General of the Ministry of Agriculture and Irrigation, Federal Member States, and development partners. The expert will participate in coordination meetings and provide regular updates to Ministry leadership on progress and deliverables.

Duration: 12 months (with possibility of extension).

Skills Required

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