Job Description

Terms of Reference (ToR)

Title: Study on the Impact of Climate Justice on Access to Justice in Somalia Consultant
Institution: Ministry of Justice and Constitutional Affairs (MoJCA)
Location: Mogadishu, Somalia
Duration of Initial Contract: 35 Working Days
Languages Required: English

1. Introduction & Ministry Role:

The Climate Justice Legal and Policy Mapping Consultant will support the Ministry of Justice and Constitutional Affairs (MOJCA) in advancing climate justice integration within Somalia’s justice sector. The consultant will lead the mapping and analysis of existing laws, policies, and institutional frameworks related to climate justice and develop practical recommendations for reform. The role also includes facilitating the creation of a multi-stakeholder Climate Justice Task Force to guide future actions.

2. Background and Rationale

Somalia faces increasing climate-driven shocks including drought, flooding, desertification, and water scarcity. These conditions intensify displacement, land and resource disputes, and community vulnerability. As climate pressures rise, so does the demand for fair, accessible, and responsive justice mechanisms.

Climate justice emphasizes equity, rights, and the fair distribution of climate burdens and remedies. It seeks to ensure that vulnerable populations including women, pastoralists, IDPs, and marginalized clans  have access to fair processes, legal protection, and participation in climate-related decision-making.

To date, Somalia has not undertaken a systematic analysis of how climate-justice principles are (or are not) influencing access to justice. This study will support implementation of the Justice Sector Strategy (2024–2029) and by identifying gaps and opportunities to integrate climate-justice approaches into justice services, law, and policy.

3. Description of Responsibilities

1. Produce a comprehensive mapping of at least 15 key national and Federal Member State (FMS) laws, policies, and regulations relevant to climate justice, annotating their scope, responsible institutions, and enforcement status.

2. Identify and priorities the top 10 legal and institutional gaps providing a detailed analysis of their impact on vulnerable groups (women, pastoralists, IDPs) and thejustice sector’s caseload.

3. Analyze the intersection between climate impacts, conflict, displacement, with at least three case studies illustrating how these factors create specific justice needs.

4. Develop a concrete policy recommendations paper with a short-term (1 year) and medium term (3 years) action plan integrating climate justice into Somalia’s Justice Sector Strategy (2024-2029) and Justice and Corrections Model (JCM).

5. Establish a foundation framework for a multi-stakeholder ‘Climate Justice Task Force to guide future initiatives, including capacity-building, law reform, and community-based justice responses.

Purpose of the Assignment

To assess how climate-justice principles affect access to justice in Somalia, identify institutional and policy gaps, and propose actionable pathways to integrate climate justice into Somalia’s justice architecture.

4. Description and Responsibilities

1. Produce a comprehensive mapping of at least 15 key national and Federal Member State (FMS) laws, policies, and regulations relevant to climate justice, annotating their scope, responsible institutions, and enforcement status. 
2. Review national and FMS laws, policies, and frameworks related to climate, land, environment, displacement, and access to justice.
3. Assess how climate-justice principles are reflected in Somalia’s justice system (formal, traditional, and ADR).
4. Identify barriers faced by climate-affected groups including women, IDPs, pastoralists, youth, and rural communities in accessing justice.
5. Analyze institutional readiness and capacity of justice actors to respond to climate-related disputes.
6. Conduct Key Informant Interviews (KIIs) with MoJCA, FMS justice institutions, judiciary, ADR centers, traditional leaders, women’s groups, and civil society.
7. Document at least three (3) case studies illustrating justice challenges linked to climate impacts (e.g., land conflicts, displacement, resource disputes).
8. Examine coordination between justice institutions and climate/environmental authorities.
9. Develop actionable recommendations for legal reform, institutional strengthening, and improved access to justice mechanisms.
10. Present findings to stakeholders in a validation workshop and revise deliverables based on feedback.

5. Methodology

The study will adopt a mixed-methods approach combining desk review, stakeholder engagement, and field-based inquiry. It will begin with a comprehensive review of climate-related justice laws, land and resource frameworks, ADR mandates, human-rights commitments, and relevant policies at federal and state levels. Key informant interviews will be conducted with MoJCA, the judiciary, prosecutors, police, FMS justice institutions, and humanitarian and environmental partners, complemented by consultations with community voices including women’s associations, IDP committees, elders, youth, and pastoralist representatives. Case studies will be developed from regions experiencing climate-induced pressures such as droughts, floods, land disputes, and displacement. Comparative insight will be drawn from African and Islamic jurisprudence on environmental justice and equitable remedies. Findings will be triangulated and validated through a stakeholder session to ensure alignment with national justice priorities and the Justice Sector Strategy.

6. Risk Management and Mitigation

Given the tight timeline and operating context, the following key risks have been identified, with corresponding mitigation strategies:

Risk CategorySpecific RiskLikelihoodImpactMitigation StrategySecurityAccess restricted to certain regions due to instabilityMediumHighUtilize local partners for remote FGDs; have contingency plans for virtual KIIsInstitutionalKey government stakeholders are unavailable or delay responsesHighMediumSecure high-level buy-in from MOJCA at the outset; schedule KIIs well in advance; have backup contactsLogisticalFlight cancellations or delays to FMS.MediumMediumBuild buffer days into the travel plan; have virtual engagement as a backup7. Scope of Work

The consultant will:

1. Map where climate justice intersects with the justice system (formal, customary, ADR).
2. Identify equity barriers for climate-affected populations in accessing justice.
3. Analyze institutional capacity gaps for resolving climate-linked disputes.
4. Document climate-related case flows, disputes, or pressures (land, water, grazing, displacement, GBV).
5. Recommend legal, institutional, training, and policy adaptations for justice actors.
6. Propose mechanisms to strengthen participation of vulnerable communities in justice processes related to climate harm.
7. Validate findings with MoJCA and cross-sector stakeholders

8. Expected Deliverables

1. Inception Report with methodology and work plan.
2. Comprehensive Mapping Report detailing existing laws and policies relevant to climate justice.
3. Challenges and Gaps Analysis identifying enforcement, institutional, and policy weaknesses.
4. Policy Recommendations Paper with a prioritized action plan aligned with Justice Sector Strategy and JCM.
5. Presentation/Workshop Materials for stakeholder validation.
6. Communication for Influence Package:
   1.  A 3-page Policy Briefsummarizing key findings and recommendations (in Somali and English).
   2.  A one-page Infographic for public and media dissemination.

9. Duration

• 35 working days for two FMS visits and Validation for DGs and Ministers

Experiences and Qualifications

9. Experience and Qualification Requirements

Education Qualifications

• Advanced degree in Law, Environmental Policy, Climate Governance, or related field.
• Minimum 7 years of relevant professional experience in legal analysis, justice sector reform, or climate/environmental governance.
• Familiarity with Somali governance and justice institutions.
• Strong research, analytical, and drafting skills.
• Experience engaging government stakeholders, donors, and civil society.

Languages

• English

Skills Required

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