The MOJRACR Mandate

Dowladda Puntland Somaaliya

WasaaraddaCaddaalada,

ArrimahaDiinta, Dastuurka iyoDhaqancelinta

Puntland State of Somalia

Ministry of Justice, Religious Affairs, Constitution and Rehabilitation

ولاية بونتلاند الصومال

وزارة العدل والشئون الدينية والدستور والتأهيل

 

1 HARMONIZED VISION, MISSION, MANDATE AND CORE FUNCTIONS

 

The vision, mission, and mandate and core functions of the MoJRACR have been harmonized in line with the best practices for the management of constitutional, federalism affairs and strengthening the democratization process in Puntland State of Somalia as indicated below.

1.1 Vision

 

The vision of the Puntland Ministry of Justice, Religious Affairs, Constitution and Rehabilitation  is to promote peaceful environment through access to justice and equality for all Puntland people

1.2 Mission

 

The mission of the Puntland Ministry of Justice, Religious Affairs, Constitution and Rehabilitation  is improving legal system and social justice to inspire good moral and spiritual values and ethics.

1.3 Mandate

 

The Puntland Ministry of Justice, Religious Affairs, Constitution and Rehabilitation is mandated to formulate and implement policies, strategies and programs for supporting , law reform, human rights, judicial affairs, prison affairs, law professional affairs, Constitution affairs, women and youth in conflict with the law affairs, legal-aid, religious institution affairs, and high-level state and national security affairs. It is also mandated to ensure that Puntland people get justice specially the vulnerable groups such as women, children, minorities and Internally Displaced Persons (IDPs)

1.4 Core Values

The Ministry is guided by the following core values: –

 

Value Description
Humanity Equal justice for all
Service We keep our promises to our customers,
We are sensitive to the needs of our internal and external customers
Integrity

 

We are trusted and trustworthy
We are honest and open with each other
We are honest and open with the public
We are impartial and non-partisan
Respect We value diversity in people
We treat everyone respectfully
Teamwork

 

We are supportive of each other
We focus on our common purpose and goals
We value each team member’s contribution

 

1.5 Core Functions

 

The core functions of the Ministry:-

 

  • Regulation of Haj and Awqaf in Puntland state.
  • Development of programs required by the Islamic da’wa, mosques, Islamic education centres and vulnerable people.
  • Ensuring that Puntland people get justice specially the vulnerable groups such as women, children, minorities and IDPs.
  • Oversight of the correction centres in Puntland to ensure that convicted people get their rights while in prisons or correction centres.
  • Supervision and mentoring of the jails on how to deal with the prison inmates.
  • Enforcement of alternative dispute solutions in all the communities including by the traditional norms and conflict resolutions.
  • Development of the requirement and standards required from the Public notaries and ensuring the application of those standard
  • Formulate and review policies and laws
  • Oversight and monitor justice for the implementation of laws

2 PROPOSED NEW ORGANIZATIONAL STRUCTURE

 

2.1 Proposed Organizational Structure

 

As indicated in Figure 3 below, the proposed organization of MoJRACR comprises of the Minister, Deputy Minister and Director General at the top level. The Legal Affairs, Internal Audit, Public Relations and Communication units and Technical advisors are horizontally linked to the office of the Director General. The offices of Islamic Aid Coordination and Regional Coordination are also linked to the office of the Director General. The Director General is assisted by 7 Departmental Directors for: Planning Monitoring and Evaluation, Religious Affairs, Access to Justice, Judicial Affairs and ADR, Legal Formulation Reform, Corrections and Finance and Administration. There are a total of 21 sections for the respective departments.

Table 3: Staff Requirements for the new organizational structure

 

Director General’s Office / Sections Director General Directors Deputy Directors Technical Advisor Secretaries and Clerks  Drivers and Messengers Sub Totals
1. Director General Office 1       2 2 5
2. Public Relations and Communication Unit   1         1
 Internal Audit Unit

 

  1         1
4. Legal Affairs Unit

 

  1         1
5. Islamic Aid Coordination Office   1         1
6. Regional Coordination Office   1         1
7. Policy Planning Monitoring and Evaluation Department   1 3 1 (PPME Advisor) 1 1 7
8. Religious Affairs Departments

 

  1 3   1 1 7
9. Access to Justice Departments   1 3   1 1 6
10. Legal Formulation Reform Department   1 2 1 (Legal Formulation Reform Advisor) 1 1 6
11. Judicial Affairs and ADR Department   1 3   1 1 6
12. Corrections Department   1 2   1 1 5
13. Finance and Administration Department   1 5   1 1 8
14.Constitutional Department   1 2 1 (Constitutional Advisor) 1 1 6
15.Gender and Human Right Department   1 2   1 1 5
TOTAL 1 14 23 3 11 11 65

 

4 FUNCTIONS FOR DEPARTMENTS AND SECTIONS

 

4.1 Office of Director General

 

The following are the functions of the Office of the Director General.

 

  • Coordinating the preparation and implementation of the five (5) year strategic plan and budget for the Ministry.
  • Regulating Haj and Awqaf in Puntland state.
  • Developing programs required by the Islamic da’wa, mosques, Islamic education centres and vulnerable people.
  • Ensuring that Puntland people get justice specially the vulnerable groups such as women, children, minorities and IDPs.
  • Overseeing the correction centres in Puntland to ensure that convicted people get their rights while in prisons or correction centres.
  • Supervising and mentoring of the jails on how to deal with the prison inmates.
  • Enforcing the alternative dispute solutions (ADR) in all the communities including the traditional norms and conflict resolutions.
  • Developing the requirement and standards required from the Public notaries and ensuring the application of those standard
  • Formulating and reviewing the policies and laws
  • Overseeing and monitoring justice for the implementation of laws
  • Overseeing the regional office that coordinates and manage the operations of the Ministry in the regions of Puntland
  • Coordinating the preparation and implementation of a comprehensive monitoring and evaluation system and tools for the Ministry
  • Ensuring proper management of public relations and communication for enhancing the Ministry’s image and performance locally, regionally and internationally.
  • Coordinating the preparation and implementation of capacity development for all staff based on the needs assessment and in-line with Puntland Civil Service Commission (PCSC) guidelines and requirements.
  • Coordinating internal and external audit for the Ministry and ensuring proper response to and implementation of management issues arising from the audits for enhancing transparency and accountability
  • Coordinating the preparation of annual financial estimates in consultation with the heads of departments
  • Coordinating the preparation and implementation of finance, procurement, administration and human resources policies and procedures
  • Providing advice on institutional, legal and regulatory framework within the Ministry

 

The following are the functions of the Internal Audit, Public Relations and Communication and Legal Affairs that are directly linked to the office of the Director General: –

 

DEPARTMENT FUNCTIONS
 

 4.2 Internal Audit Unit

·         Preparing and implementing strategic audit plans

·         Developing audit policies and procedures to facilitate compliance with relevant standards

·         Designing and institutionalizing internal audit systems and controls

·         Reviewing and reporting on conformity with financial and operational procedures laid down in any legislation or any regulations or instructions for control over the expenditure of Ministry

·         Reviewing and reporting on internal controls over financial resources of Ministry

·         Reviewing and reporting on the reliability and integrity of financial and operations systems

·         Reviewing and reporting on operations or programs to ascertain whether results are consistent with established objectives and goals

·         Reviewing and reporting on the systems in place used to safeguard assets, and verify existence of assets

·         Reviewing and reporting on the classification and allocation of revenue and expenditure accounts

·         Undertaking the internal audit in collaboration with heads of departments preparation of internal audit reports

·         Reviewing and reporting on the reactions by the management to internal audit reports and assist management in the implementation of recommendations

·         Reviewing and reporting on the adequacy of controls built into computerized systems in place in Ministry

·         Conducting performance audits on appraisal of development projects.

·         Preparation and implementation of annual work plans in collaboration with section heads

·         Preparation of quarterly and annual audit reports

 

4.3 Public Relations and Communication Unit

·         Providing information and documents to the public and media on the Ministry activities

·         Making transparent the works and activities of the Ministry both to the public as well as local and international institutions

·         Collecting, processing and publishing information on works and activities of the Ministry

·         Supervising and maintaining official webpage of the Ministry

·         Preparing materials and brochures for publication and distribution to inform the public on the activity of the Ministry

·         Participating in direct meetings of the Minister and high delegations within and outside the country in order to provide accurate information to the public

·         Drafting the communication strategy annually based on the Ministry work plan

·         Cooperating with the media in organizing press conferences and interviews as well as providing information and drafts summaries out of media presentation

·         Issuing statements, announcements, reports and other publications to public opinion.

4.4 Legal Affairs ·         Formulate and implement legal policies and strategies for effective discharge of the functions of the unit

·         Ensure compliance with principles and values of good governance, human rights, transparency, accountability, ethics and integrity

·         Advise the Ministry on all legal matters and ensure that its protected against any law suits as it performs its activities in accordance with the mandate

·         Oversee litigation from public servants and ensure compliance with the constitution as per the mandate of the Ministry

·         Review statutory reports to ensure that the activities of Ministry are in line with the its objectives

·         Initiate policy research, formulation, development and reform to ensure that the Ministry promotes the values and principles of the Ministry in accordance with the law and in accordance with its mandate

·         Coordinate the preparation of legal opinions and briefs on various legal matters

·         Ensure that the Ministry is in compliance with regional and international instruments as it conducts its activities

·         Develop proposals for reform on emerging legal issues and ensure compliance with the strategic goals of the Ministry

·         Prepare cabinet memoranda for presentation to parliament and ensure its in accordance with the constitution and law

·         Preparation of regular, monthly, quarterly and annual legal reports

4.5 Regional Coordination Office ·         Permanent coordination of work of the regional offices

·         Determine regional offices work

·         Receive monthly and program reports of regional offices

·         Perform regular financial reporting

·         Supervise work and activities at the regional offices

·         Coordinate human resources at the regional offices

·         Assisting the Director General in management of the global regional functions

 

 

5 Department of Policy Planning, Monitoring and Evaluation

The following are the functions of the Department of Planning, Monitoring and Evaluation: –

 

  • Preparing policy planning, monitoring and evaluation policies and procedures manual for the Ministry
  • Coordination preparation of the 5 years’ strategic plan for Ministry in line with the Puntland National Development Plan
  • Coordinating formulation and preparation of the Ministry’s medium term strategic plan, annual action plans and budgets
  • Coordinating research and impact studies on Ministry policies and provide a basis for making informed decisions on the future direction of the Ministry
  • Conducting annual evaluation on Ministry programs and projects in collaboration with other stake holders and reviewing the monitoring system based on the recommendations from the reports
  • Implementing, maintaining integrity of the Ministry’s Management Information System
  • Preparing annual statistical on good governance and anti-corruption reports
  • Reviewing existing policies and ensuring their compliance with current laws and regulations
  • Preparing annual policy, planning, monitoring and evaluation reports
  • Holding stakeholders’ forums to disseminate policy, planning, monitoring and evaluation reports and revising the policies and strategies based on stakeholders’ feedback
  • Preparing the Ministry’s performance contract, implementation work plan, monitoring and evaluating its implementation and reporting as per the Ministry’s mandate
  • Coordinating research and analysis of public policy within the Ministry to ensure effective service delivery
  • Overseeing the production of statistical data for reports to be submitted to parliament on the compliance with National values and principles regarding the Ministry
  • Reviewing existing policies and ensure compliance with current laws and regulations as per the strategic guidelines of the Ministry
  • Coordinating the recording of minutes of department staff and management meetings
  • Coordinating the development and implementation of departmental staff training plans

 

The department is divided into three sections which include the Policy Planning, Research and Statistics and Monitoring and Evaluation Sections. The following table provides the functions for each of the sections: –

 

SECTION FUNCTIONS
5.1 Policy Planning Section

 

·         Preparing policy planning, formulation and implementation manual

·         Interpret the National Development Agenda as it relates to the Ministry and formulating it implementation strategies

·         Preparing 5 years’ strategic plan for Ministry in line with the Puntland National Development Plan

·         Coordinating formulation and preparation of the Ministry’s medium term strategic plan, annual action plans and budgets

·         Coordinating formulating, reviewing, implementation and monitoring of Ministry’s policies; and ensure they are consistent with national policies, frameworks and strategies

·         Preparing annual work plans, developmental Programs for Ministry and strategy documents for the departments

·         Providing technical guidance and support for institutionalization of strategic planning and budgeting process within the Ministry.

·         Coordinating technical inputs from all departments and works closely with them to develop organization’s strategic plan and implementation guidelines, and ensures copies are made available to all departments

·         Reviewing existing policies and ensuring their compliance with current laws and regulations

·         Providing guidance on the integration of governance issues into development planning, organizing and coordinating periodic work-plans

·         Coordinate with concerned departments/programs with planning implementation processes of policies and strategic plans

·         Build capacity of MoJRACR in the area of policy and strategy plan adaptation and implementation

 

5.2 Research and Statistics Section ·         Preparing research and statistics policies and procedures manual for the Ministry

·         Developing five year statistics strategic plan for Ministry in line with overall Ministry’s five-year strategic plan

·         Researching and conducting impact studies of Ministry’s policies and provide a basis for making informed decisions on the future direction of the Ministry

·         Conducting research, monitoring data, analysing information and preparing reports on MoJRACR

·         Collection of relevant statistical information: surveys, indicators, maintenance of a statistical database to support data analysis on MoJRACR

·         Setting up a database for the sectorial indicators that will help learn about the development of the MoJRACR

·         Contributing to the Ministry web portal

·         Preparing annual statistical reports for the Ministry

·         Developing and implementing a capacity-building program and specific training courses on research methods with regard to the Ministry

·         Collating data for the Ministry and other MDAs and maintain them for ease of access and security as per the strategic guidelines of the department

5.3 Monitoring and Evaluation Section

 

·         Preparing and implementing a monitoring and evaluation policy and procedures manual

·         Preparing a comprehensive monitoring and evaluation system at all levels of the Ministry

·         Supporting departments to appreciate monitoring and evaluation activities by assisting staff of the department to understand the monitoring and evaluation system

·         Overseeing the implementation of monitoring and evaluation system to track implementation and performance of the various departments against objectives, and prepares performance reports

·         Developing in-depth knowledge of monitoring and evaluation system relevant to the mandate of the Ministry to guide performance tracking activities of monitoring and evaluation officers

·         Defining monitoring and evaluation requirements of projects and programs of the Ministry

·         Providing technical inputs on monitoring and evaluation parameters to improve planning, programming and implementation of policies and programs of the Ministry.

·         Undertaking quarterly monitoring on Ministry Programs and projects in collaboration with other stake holders and reviewing the monitoring system based on the recommendations from the reports

·         Conducting annual evaluation on Ministry Programs and projects in collaboration with other stake holders and reviewing the monitoring system based on the recommendations from the reports

·         Analyzing of monitoring data, documents findings from monitoring and evaluation activities and submits monitoring reports to the Director

·         Holding stakeholders’ forums to disseminate monitoring and evaluation reports and revising the monitoring and evaluation systems based on stakeholders’ feedback

·         Coordination the activities of external monitoring and evaluation on Ministry activities

 

 

6 Department of Religious Affairs

The following are the functions of the Department of Religious Affairs: –

 

  • Regulation of Haj and Awqaf in Puntland State of Somalia
  • Islamic Da’wa and overview of the Islamic schools and mosques
  • Implementation of Islamic Sharia
  • Development of Strategic Plan for the dissemination of Islamic values and adaptions
  • Eradication of bad behaviors and mal-practices against Islam
  • Review of laws and policies to ensure that are in line with Islamic religion and values
  • Coordination and working with Islamic Aid Organizations
  • Development of programs required by Islamic da’wa, mosques, Islamic education centers and vulnerable people
  • Preparation and implementation of the five (5) year strategic plan and budget for the department.
  • Preparation and implementation of a comprehensive monitoring and evaluation system and tools for the Department
  • Preparation and implementation of the capacity development for all staff based on the needs assessment and in-line with Puntland Civil Service Commission (PCSC) guidelines and requirements.
  • Preparation of the annual financial estimates in consultation with the heads of sections

 

The department is divided into three sections which include the Haj and Awqaf, Daáw and Fatwa and Mosques and Quranic School Sections. The following table provides the functions for each of the sections:

 

SECTIONS FUNCTIONS
6.1 Haj and Awqaf Section ·  Review and implementation of the policies, procedures, guidelines and regulations for the Haj and Awqaf Section

·  Monitor the implementation of Haj and Awqaf policies, rules, guidelines and regulations in Puntland

·         Regulate Haj and Awqaf in Puntland State of Somalia

·  Preparation of the draft bills that are required to achieve the objectives of the Haj and Awqaf

·  Implementation of the five (5) year strategic plan and budget in the Haj and Awqaf Section

6.2 Daáw and Fatwa Section ·  Review and implementation of the policies, procedures, guidelines and regulations for the Daáw and Fatwa Section

·  Monitor the implementation of Daáw and Fatwa policies, rules, guidelines and regulations in PSS

·  Preparation of the draft bills that are required to achieve the objectives of the Daáw and Fatwa

·  Islamic Da’wa

·  Implementation of the five (5) year strategic plan and budget in the Daáw and Fatwa Section

6.3 Mosques and Quranic School Section ·  Review and implementation of the policies, procedures, guidelines and regulations for the Mosques and Quranic School Section

·  Monitor the implementation of Mosques and Quranic School policies, rules, guidelines and regulations in PSS

·  Preparation of the draft bills that are required to achieve the objectives of the Mosques and Quranic School

·  Coordination and approval of mosques and Quranic curriculum and programs

·  Implementation of the five (5) year strategic plan and budget in the Mosques and Quranic School Section

 

7 Department of Access to Justice

The Department of Access to Justice in the new organization structure is referred as the Department of Protection in the current that has been transformed in consultation with senior members of staff in Puntland. The following are the functions of the Department of Access to Justice: –

  • Ensuring that Puntland people get justice specially the vulnerable groups such as women, children, minorities and IDPs
  • Protection of human rights and international conventions signed by Somali Government
  • Support of the victims to get the rights to access to justice
  • Capacity building of the justice stakeholders in areas of access to justice and human rights
  • Coordination of the formulation of the policies, framework and programs to support the streamlining of the gender justice, legal aid and justice for children PSS
  • Preparation and implementation of the five (5) year strategic plan and budget for the department.
  • Preparation and implementation of a comprehensive monitoring and evaluation system and tools for the Department
  • Preparation and implementation of the capacity development for all staff based on the needs assessment and in-line with Puntland Civil Service Commission (PCSC) guidelines and requirements.
  • Preparation of the annual financial estimates in consultation with the heads of sections

The department is divided into three sections which include the Gender Justice Mainstream, Legal Aid and Justice for Children Sections. The following table provides the functions for each of the sections:

 

SECTIONS FUNCTIONS
7.1 Gender Justice Mainstream Section ·  Review and implementation of the policies, procedures, guidelines and regulations for the Gender Justice Mainstream Section

·  Preparation of framework and programs to support and implementation of seamless mainstream of the gender justice issues affecting the vulnerable including the women, children, minorities and IDPs

·  Monitor the implementation of Gender Justice Mainstream policies, rules, guidelines and regulations in Puntland

·  Preparation of the draft bills that are required to achieve the objectives of the Gender Justice Mainstream

·  Implementation of the five (5) year strategic plan and budget in the Gender Justice Mainstream Section

7.2 Legal Aid Section ·  Review and implementation of the policies, procedures, guidelines and regulations for the legal aid in PSS

·  Preparation of the draft bills that are required to achieve the objectives of the legal aid

·  Provide legal aid (legal advice and legal representation) to all eligible people of Puntland who meet the qualifying criteria in line with the Government expenditure programs

·  Preparation and distribution of the guidelines and requirements for representation on criminal, divorce, civil and other matters in the courts, tribunals etc. to the public.

·  Monitor the implementation of legal aid policies, rules, guidelines and regulations in Puntland

·  Implementation of the five (5) year strategic plan and budget in the Legal Aid Section.

·  Coordination of the inter-ministerial and sectional collaboration and cooperation on Legal Aid

 

7.3

Justice for Children Section

·         Review and implementation of the policies, procedures, guidelines and regulations for the justice for children in PSS

·         Preparation of the draft bills that are required to achieve the objectives of the justice for children in PSS

·         Development and implementation of the framework and programs that support and promote justice for children PSS

·         Monitor the implementation of legal aid policies, rules, guidelines and regulations in Puntland

·         Implementation of the five (5) year strategic plan and budget in the Legal Aid Section.

·         Coordination of the inter-ministerial and sectional collaboration and justice for children

 

 

8  Department of Judicial Affairs and Alternative Dispute Resolution  

The following are the functions of the Department of Judicial Affairs and Alternative Dispute Resolution: –

  • Implementation of policies and laws by the judiciary organs of Puntland
  • Access to justice by the civil society in Puntland up village and urban level
  • Improving the coordination and collaboration between all the justice stakeholders
  • Enforcement of alternative dispute solutions in all the communities including by the traditional norms and conflict resolutions
  • Development of the requirement and standards from the public notaries and ensuring the application of those standards
  • Coordinate the formulation of the policies, framework and programs to support the judicial affairs, alternative dispute resolutions and notary in PSS
  • Preparation and implementation of the five (5) year strategic plan and budget for the department.
  • Preparation and implementation of a comprehensive monitoring and evaluation system and tools for the Department
  • Preparation and implementation of the capacity development for all staff based on the needs assessment and in-line with Puntland Civil Service Commission (PCSC) guidelines and requirements.
  • Preparation of the annual financial estimates in consultation with the heads of sections

The department is divided into three sections which include the Judicial Affairs, Alternative Dispute Resolution and Notary Sections. The following table provides the functions for each of the sections:

 

SECTIONS FUNCTIONS
8.1 Judicial Affairs Section ·  Review of policies, procedures, guidelines and regulations for the Judicial Affairs Section

·  Development of judicial affairs framework and programs supporting the operations of the Judicial Affairs Section

·  Implementation of policies, framework and programs for the Judicial Affairs Section

·  Monitor the implementation of Judiciary policies, rules, guidelines and regulations in Puntland

·  Ensure establishment and spread of the judicial offices, courts and Office of Attorney General in all districts of PSS to enhance access to justice by all

·  Implementation of the five (5) year strategic plan and budget in the Judicial Affairs Section

·  Undertake law and policies reforms including amending the penal code and criminal procedures, restructuring justice institutions, coordinating Islamic, formal and customary (XEER) laws.

·  Support and facilitate the training programs for the judges, prosecutors, lawyers, and court registrars.

·  Strengthen judicial training facilities including establishing judicial training center, increasing, equipping, and training the skills of Puntland Custodial Corps (PCCs), rehabilitating and constructing courts and office of Attorney General (AG)

·  Collaboration with the institutions of higher learning and the Puntland Civil Service Institute (CSI) for purposes of offering appropriate training on judicial affairs

·  Coordination of the inter-ministerial and sectional collaboration and cooperation on judicial affairs

 

8.2 Alternative Dispute Resolution Section ·         Review of policies, procedures, guidelines and regulations for the Alternative Dispute Resolution Section

·         Development of Alternative Dispute Resolution (ADR) framework and programs

·         Implementation of policies, framework and programs for the ADR in PSS

·         Establish and spread out the community dispute resolution sites in in all districts of PSS

·         Prepare an ADR manual for the dispute resolution sites.

·         Develop and design Mediation rules for the dispute resolution sites

·         Develop ADR case identification guidelines.

·         Develop a comprehensive referral scheme case intake and case management policy

·         Develop Monitoring and evaluation guidelines for the dispute resolution sites

·         Conduct specialized trainings for the dispute resolution sites staff

·         Develop post ADR guidelines for the management of the outcomes

·         Implementation of the five (5) year strategic plan and budget in the Judicial Affairs Section

8.3 Notary Section ·  Review of policies, procedures, guidelines and regulations for notary in PSS

·  Ensure the legislation and implementation of the law, policies, procedures, guidelines and regulations for notary in PSS

·  Ensure implementation and application of the standards required from the public notaries

·  Monitor the implementation of notary law, policies, rules, guidelines and regulations in PSS

·  Implementation of the five (5) year strategic plan and budget in the Notary Section

·  Ensure proper verification, authentication, certification and attesting of any instrument as required under the law.

·  Supervision of the administration of oath and execution of affidavit from any person in PSS.

·  Translation and verification of the translation of any document from one language into another

·  Act as commissioner to record evidence in any civil or criminal trial if so directed by the court or authority required under the law.

·  Act as arbitrator, mediator, or conciliator if so required within the law

 

9 Department of Legal Formulation Reform   

The following are the functions of the Department of Legal Formulation Reform: –

  • Drafting and formulation of all the legislation and policies required by the state in consultant with all the stakeholders concerned by the act
  • Conduct research and study of the existing laws and come up with legal updates required
  • Come up with legal requirements of the state research plan with all its requirements and share with DG and Minister
  • Collecting and archive all the legislations and policies of Puntland State and Federal Government of Somalia
  • Developing and updating of website to be uploaded for all the legislations to facilitate that public can easily access
  • Review all the legislations developed by Puntland Institutions to ensure that they are developed in legal way, in line with the Constitution and Islamic principles
  • Submit the drafted acts by Puntland Institutions to the council of ministries after the review and alignment
  • Develop and review important policies of the state as required
  • Coordinate the formulation of the policies, framework and programs to support the legal legislation and legal review in PSS
  • Develop and come 5-year work plan of legal formulation and updates in line with MoJRACR 5-year strategic plan
  • Preparation and implementation of the five (5) year strategic plan and budget for the department.
  • Preparation and implementation of a comprehensive monitoring and evaluation system and tools for the Department
  • Preparation and implementation of the capacity development for all staff based on the needs assessment and in-line with Puntland Civil Service Commission (PCSC) guidelines and requirements.
  • Preparation of the annual financial estimates in consultation with the heads of sections

The department is divided into two sections which include the Legal Legislation and Legal Review Sections. The following table provides the functions for each of the sections:

 

SECTIONS FUNCTIONS
9.1 Legal Legislation Section ·  Review of policies, procedures, guidelines and regulations for the legal legislation

·         Development of legal legislation framework and programs supporting the operations of the Legal Legislation Section

·  Implementation of policies, framework and programs for the Legal Legislation Section

·  Drafting all the legislation and policies required by the state in consultant with all the stakeholders concerned

·  Prepare legal requirements of the state research plan with all its requirements

·  Monitor the implementation of legal legislation policies, rules, guidelines and regulations in Puntland

·  Implementation of the five (5) year strategic plan and budget in the Legal Legislation Section

·  Coordination of the inter-ministerial and sectional collaboration and cooperation on legal legislation

 

9.2 Legal Review  Section ·   Review of policies, procedures, guidelines and regulations for the legal review

·  Development of legal review framework and programs

·  Implementation of policies, framework and programs for the Legal Review Section

·  Undertake research and study of the existing laws and come up with legal updates required

·  Review all the legislations developed by Puntland Institutions to ensure that they are developed in legal way, in line with the Constitution and Islamic principles

·  Review all important policies of the state as required

·  Collect and archive all the legislations and policies of Puntland State and Federal Government of Somalia

·  Develop and update the website to be uploaded with all the legislations to facilitate easy access by the public

·  Implementation of the five (5) year strategic plan and budget in the Legal Review Section

·  Coordination of the inter-ministerial and sectional collaboration and cooperation on legal review

 

10 Department of Corrections

The following are the functions of the Department of Corrections: –

 

  • Oversee the correction centres in Puntland to ensure that convicted people get their rights while in prisons or correction centres
  • Study and develop capacity building needs of custodian corps in the area human rights and protection of the detainees
  • Research and study of the attitudinal change interventions required by the prison in mates during their detention and come up suitable comprehensive set of interventions
  • Ensure that the convicted people get the behavioural changes and skills required to ensure that good behaviour person can contribute to the communities comes out when finished with their sentences
  • Supervision and mentoring of the jail officers on how to deal with the prison inmates
  • Coordinate the formulation of the policies, framework and programs to support the rehabilitation and patrol of prisons in PSS
  • Preparation and implementation of the five (5) year strategic plan and budget for the department.
  • Preparation and implementation of a comprehensive monitoring and evaluation system and tools for the Department
  • Preparation and implementation of the capacity development for all staff based on the needs assessment and in-line with Puntland Civil Service Commission (PCSC) guidelines and requirements.
  • Preparation of the annual financial estimates in consultation with the heads of sections

The department is divided into two sections which include the Rehabilitation and Prison Patrol Sections. The following table provides the functions for each of the sections:

SECTIONS FUNCTIONS
10.1 Rehabilitation Section ·  Review and implementation of policies, procedures, guidelines and regulations for the rehabilitation of the inmate

·   Development and implementation of rehabilitation framework and programs to support the operations of the section

·  Monitor the implementation of rehabilitation policies, rules, guidelines and regulations in PSS

·  Implementation of the five (5) year strategic plan and budget in the Section of Rehabilitation

·  Study and develop capacity building needs of custodian corps in the area human rights and protection of the detainees

·  Research and study of the attitudinal change interventions required by the prison in mates during their detention and come up suitable comprehensive set of interventions

·  Ensure that the convicted people get the behavioural changes and skills required to ensure that good behaviour person can contribute to the communities comes out when finished with their sentences

·  Contain and rehabilitation of young offenders in Borstal Institutions (BI) and Youth Corrective Training Centers (TCTC)

10.2 Prison Patrol Section ·  Review and implementation of policies, procedures, guidelines and regulations for the prisons

·   Development and implementation of prison patrol framework and programs to support the operations of the section

·  Monitor the implementation of prisons policies, rules, guidelines and regulations in PSS

·  Implementation of the five (5) year strategic plan and budget in the Section of prisons

·  Supervision of the correction centers in Puntland to ensure that convicted people get their rights while in prisons or correction centers

·  Supervision and mentoring of the jail officers on how to deal with the prison inmates

·  Keep in safe custody of all prisoners placed under prisons care.

·  Developing prisons information dissemination strategies

·  Rehabilitation and reformation of prisoners for social re-integration

·  Provide care for children aged 4 years and below who accompany their mothers to prison.

·  Manage the penal, reform, and correctional institutions/facilities

·  Supervisory of the probation and parole

·  Assist other departments, agencies, and institutions of the state by performing requested public services from the supply of inmates

·  Administering and enforcing the jail standards, training of jailers and jail personnel and also planning jail and construction

 

11 Department of Finance and Administration

The following are the functions of the Department of Finance and Administration: –

 

  • Ensuring adequate provision of administrative and financial support to all departments of the Ministry
  • Coordinating the implementation of financial procurement, ICT and records management policies, procedures and systems
  • Coordinating the preparation of Ministry’s annual financial and procurement plans and budgets and monitoring their implementation
  • Supervising the installation and implementation of appropriate financial management and internal control systems to minimize risk and fraud
  • Overseeing the procurement and contract management functions of the Ministry
  • Assessing financial impact on the implementation of Ministry work plans and budgets
  • Overseeing annual financial audits and adequate management responses to audit queries is provided
  • Ensuring effectiveness and functionality of records management system including general, confidential and personnel records
  • Overseeing the general welfare and discipline of Ministry staff in accordance with civil service rules and regulations and security policy of Ministry
  • Coordinating the recording of minutes of Ministry staff and management meetings
  • Effectively and efficiently managing logistics and other physical assets of the Ministry
  • Developing and maintaining corporate estate plans and ensuring cleanliness, sanitation and hygiene controls of Ministry premises
  • Coordinating the development and implementation of departmental staff training plans
  • Preparation and implementation of annual work plans and budget

 

The department is divided into Finance, Procurement, Human Resource Management (HRM) and Administration, Information Communication Technology (ICT) and Records and Archives Management Sections. The following table provides the functions for each of the 5 sections:

SECTIONS FUNCTIONS
11.1 Finance Section

 

·         In liaison with the Director, to determine the short, medium and long term strategy for financial management of the Ministry along with the overall management and financial reporting procedures

·         Manage the financial accounting and reporting systems, taking into account the changing accounting and reporting needs of the Ministry and allied stakeholders.

·         Prepare and maintain yearly budgets and forecasts. To ensure that fellow and directors, managers have appropriate training to prepare budgets for their area of specific budget responsibility, and accept accountability for their maintenance;

·         Prepare detailed monthly management accounts across all Directorates of the Ministry

·         Monitor actual performance against budget on a monthly basis and report on variances;

·         Produce statutory accounts and any other reports required by the Ministry, in close cooperation with Auditor and Accountant General’s

·         Ensure that Ministry’s accounts and accounting systems are maintained in accordance with relevant accounting standards and compliant to the requirements of the Ministry.

·         Maintain schedules and records on all / any hire purchase agreements; records on all financial agreements; records on all loans and to assume responsibility for all insurances and public and liabilities insurances including the preparation of a risks register and produce a report on same each year before renewal.

·         Develop detailed terms of reference for administrative and finance department as well as individual staff.

·         Conduct a capacity assessment of the current departments as well as the Ministry to also provide requisite training to all staff on required administration and finance;

·         Develop administrative, financial and procurement processes and procedures in line with approved PFM, human resource and administration processes as laid down by the Puntland Civil Service Commission as well as other processes approved by the Government and in line with best practices.

·         In consultation with the institutional capacity development department and HR Manager develop and deliver mentoring, training and capacity development to ensure that all relevant Ministry staff performing these functions is able to do so.

·         Coaching key staff members up to a level of competency to be able to competently perform senior roles in the unit.

11.2 Procurement Section

 

·         Plans, organizes and co-ordinates the procurement of supplies, materials, equipment and services for the ministry

·         Develops, implements and monitors a procurement plan for the Ministry

·         Advise on the appropriate procurement methods to be used for procurement of goods and consultancy services under the project

·         Manages the procurement process and ensures all procurement activities comply with applicable laws, regulations, policies and procedures of the Ministry and the Puntland Procurement Authority.

·         Manages operational procurement activities processing including: drafting procurement plans, bidding documents, adverts, request for quotations; procedures in issuing BDs, procedures in short listing suppliers for invitations for quotations, receipt of bids/quotations, opening of bids/quotations, evaluation of bids/quotations, preparation of evaluation reports and draft contract agreements…etc.

·         Prepares expressions of interest, request for proposals, letters of invitation, request for proposals and other tender documents.

·         Participates and provides guidance to the evaluation process and the preparation of bid/proposal evaluation reports and award recommendations for procurements in compliance with national government laws, policies and regulations.

·         Carries out pre-qualification exercises to establish and maintain a database of approved contractors.

·         Establishes and implements a contractor performance management system to assess indicators such as capabilities and qualities

·         Conducts bidders’ meetings, provide clarification and prepares minutes on the bidding process as required

·         Ensure that complete documentation is maintained on all procurement cases and coordinate and respond to procurement queries, disputes, and complaints; including the development of procurement database system. Establish a central procurement filing system, and ensure all related documents are included in the respective files.

·         Participate and provide guidance during negotiations and contracting phase including supporting contract management teams and the necessary oversight and monitors contract progress and variations to take action to remedy slippages

·         Monitors and reviews the execution of contracts to ensure compliance with stipulated terms and makes recommendations to ensure probity and proper performance by both parties

·         Handles claims and disputes, claims against warranties and works towards the resolution of conflicts and problems arising out of cases of poor performance for non-compliance with contractual obligations within the terms and conditions of contracts

·         Responsible for contract closure, including identifying best practices and lessons learned and performing contractor assessment from a contract management perspective

·         Sets up procedures for timely request for funding and disbursement for authorized expenditure

·         Forecasts procurement needs of the programme by conferring with management and staff to ascertain their requirements

·         Maintains a record of all supplies, equipment and services procured and disposed

·         Plans and organizes the logistics associated with prompt delivery of supplies, materials, equipment and services to meet the need of the Programme

·         Maintains inventory control and recommends procurement strategies

·         Uses technical and financial information to inform on budget preparation, procurement strategies, priorities and timing

·         Prepares reports and other documents as required on procurement matters and undertakes a full risk analysis including mitigation measures for all contracts

·         Performs any other related duties assigned by your supervisor/line manager

·         Manage the bidding/auction procedures for the disposal of unserviceable, obsolete, or surplus supplies and equipment under the guidance of the board of survey and other concerned authority/committee.

·         Manage the processes for the transfer to government departments or other public entities with or without financial adjustment where an asset may be usefully utilized by another procuring entity; the disposal of the asset shall be by formal transfer.

·         Manage destruction, dumping, burying or such other form of disposal.

·         Prepare procurement plans

·         Plan and administer concession up to but excluding evaluation and award of concession contracts

·         Prepare concession bid documents in collaboration with technical experts

·         Receive and safeguard bids received

·         Conduct bid opening procedures in accordance with law

·         Perform secretarial services for the Ministry

·         Such other functions as may be conferred by the head of the entity in accordance with law

·         Provide internal logistical services to the ministry

·         Maintenance and registration of the current and fixed assets of the Ministry

·         Observing overall security conditions of the ministry buildings

11.3 Human Resource Management (HRM) and Administration ·         Ensuring that HR strategies are developed and properly planned to support improvement in employee performance in the Ministry

·         Developing and implementing progressive career structures and reward systems for employees to enhance employee motivation and retention in the Ministry

·         Providing Ministry development and management services support to ensure continuous reforms including timely changes to organizational structures, creation of new functions and abolishing of redundant functions, and recommending appropriate staffing requirements that are consistent with the mandate of the organization.

·         Developing and implementing Ministry’s performance management and staff appraisal system.

·         Maintaining the work structure by updating job requirements and job descriptions for all positions in the Ministry.

·         Preparing employees for assignments by establishing and conducting orientation and training programs for the Ministry’s staff.

·         Maintaining a pay plan by conducting periodic pay surveys, scheduling and conducting job evaluations, preparing pay budgets, monitoring and scheduling individual pay actions, recommending, planning, and implementing pay structure revisions.

·         Ensuring planning, monitoring, and appraisal of Ministry’s employees work results by training managers to coach and discipline employees, scheduling management conferences with employees, hearing and resolving employee grievances, counselling employees and supervisors.

·         Maintaining management guidelines by preparing, updating, and recommending human resource policies and procedures.

·         Maintaining historical human resource records by designing a filing and retrieval system; keeping past and current records.

·         Maintaining professional and technical knowledge by attending educational workshops; reviewing professional publications; establishing personal networks; participating in professional societies.

·         Completing human resource operational requirements by scheduling and assigning employees; following up on work results.

·         Maintaining human resource staff by recruiting, selecting, orienting, and training employees.

·         Contributing to team effort by accomplishing related results as needed

·         Coordinating general administration, staff services, policies, systems and procedures at the commission

·         Overseeing the management of central records function, transport services, telephone services, mail office services, library services, and pool production/photocopy services within Ministry

·         Ensuring general administration, coordination and supervision

·         Enforcing implementation of transport policy and related transport matters

·         Managing the office building, leases, security and safety measures

·         Initiating and coordinating workshops/retreats for commissioners and top management

·         Handling disciplinary matters concerning drivers and support staff for the Ministry

11.4 ICT Section

 

·         Identify the ICT needs of the office of the ministry departments in consultation with other staff, communicating with users to formulate and produce a requirements specification to create system and software solutions.

·         Develop and manage a database covering overall business operations and activities of the assigned institutions.

·         Ensuring that Ministry systems are compatible with and other civil service IT applications

·         Create, maintain and manage technical quality assurance processes and procedures to assess efficiency, validity, value and functional performance of computer systems and environments

·         Ensuring adherence to accredited internal and external industry quality standards and regulations

·         Plan, organize, direct, control and coordinate the acquisition, development, maintenance and use of ICT systems. Tasks will include:

o   Analysing information needs and specifying technology to meet those needs;

o   Formulating and directing information and communication technology strategies, policies and plans;

o   Directing the selection and installation of ICT resources and the provision of user training;

o   Setting priorities between system developments, maintenance and operations overseeing the security of ICT systems;

o   Preparing purchase orders, monitoring supply sources and negotiating contracts with suppliers.

o   Provide on the job training, coaching and mentoring for Ministry staff to manage all ITC procedures.

o   Provide ITC advice and support to Ministry management.

o   Ensure optimal database and system integrity, security, backup, reliability and performance.

o   Perform the operational establishment and preventive maintenance of backups, recovery procedures, and enforcing security and integrity controls.

o   Implementing and administering database documentation, guidelines, policies and procedures.

o   Testing database systems and upgrades, such as debugging, tracking, reproduction, logging and resolving

all identified problems, according to approved quality.

 

11.5 Records and Archives Management Section ·         Managing manual and electronic archives

·         Archiving all incoming / outgoing mail and documents

·         Providing information to ministerial staff and management upon request

 

12 Department of Constitutional Affairs

The following are the functions of the Department of Constitution Affairs: –

 

  • Preparing and implementing the five (5) year strategic plan and budget for the department.
  • Developing, implementing and evaluating Department’s strategic goals
  • Supervising all programs and activities of the department related to the review, amendment and dissemination of the Constitution
  • Conducting research and preparing various literature reviews and comparative analysis on the Constitution and its clauses
  • Assisting the Minister in mobilizing sufficient resources and expertise for carrying out the Minister’s mandate
  • Assisting the Minister to put in place plans and strategies to carry out meaningful and all-encompassing civic education programs and activities on the Constitution
  • Attending relevant meetings, roundtable, workshops and other events
  • Preparing analytical reviews and keeps relevant records on the Constitution
  • Preparing the policies, framework and programs for supporting the constitutional, federalism, gender, human rights and democratization process in PSS
  • Preparing and implementing a comprehensive monitoring and evaluation system and tools for the Department
  • Preparing and implementing the capacity development for all staff based on the needs assessment and in-line with Puntland Civil Service Commission (PCSC) guidelines and requirements.
  • Preparing the annual financial estimates in consultation with the heads of sections

The department is divided into two sections which include the Constitution Reform and Management and Civic Education Sections. The following table provides the functions for each of the sections:

 

SECTIONS FUNCTIONS
12.1.  Constitution Reform and Management Section ·  Review the policies, legislation and regulations on the constitution affairs in PSS

·  Preparing the draft bills that are required to achieve the objectives of the Constitution Reform and Management

·  Implementing the policies, procedures, guidelines and regulations for the Constitution reform and management

·  Monitoring the implementation of constitution reform and management policies, rules, guidelines and regulations in Puntland

·  Implementing the five (5) year strategic plan and budget in the Constitution Reform and Management Section

·  Facilitating the translation of the Constitution into all official languages recognized in Puntland

·  Developing Constitution information dissemination strategies

·  Initiating the reform process by making proposals to Cabinet/Parliament regarding Constitution amendments

·  Liaison with the Puntland MDAs in the promotion of the Constitution as a matter of national interest for constitutional awareness among people of Puntland

·  Coordinating inter-ministerial and sectional collaboration and cooperation on constitution reforms and management matters

12.2 Civic Education Section ·  Reviewing the policies, procedures, guidelines and regulations that support Civic Education in PSS

·  Developing and implementing the policies and Programs for supporting Civic Education in PSS

·  Monitoring the implementation of Civic Education policies, and Programs in Puntland

·  Preparing the draft bills that are required to achieve the objectives of the Civic Education

·  Implementing the five (5) year strategic plan and budget in the Civic Education Section

·  Coordinating the development and training programs of all the civil servants in the public service in matters of Constitution and parliamentary affairs

·  Coordinating the development of proposals to development partners and Puntland State of Somalia for supporting civic education on constitution affairs

·  Collaborating with institutions of higher learning and the Puntland Civil Service Institute (CSI) for purposes of offering appropriate training on constitution reforms and management

·  Encouraging all persons and organizations including Civic organizations to disseminate awareness and knowledge of the Constitution throughout society.

·  Conducting awareness campaigns including advocacy meetings and stakeholders’ workshops on Constitution matters

·  Coordinating inter-ministerial and sectional collaboration and cooperation on Civic Education matters

 

 

13 Department of Gender and Human Rights

The following are the functions of the Department of Gender and Human Rights: –

 

  • Preparing and implementing the five (5) year strategic plan and budget for the department Developing, implementing and evaluating Department’s strategic goals
  • Prepares and implements gender and human rights policies, guidelines and action plans
  • Mainstreams all gender and human rights policies and guidelines and ensures that human rights and gender related issues are incorporated into the documents and practices of the Ministry
  • Develop and implement specific programs and activities to promote increased participation of women and other special groups in public and political processes
  • Collect information, analyses public policies, legislations and other state practices affecting gender and women’s human rights and identifies areas where improvement is required
  • Coordinating the formulating the policies and programs for supporting the gender and human rights in PSS
  • .
  • Preparing and implementing a comprehensive monitoring and evaluation system and tools for the Department
  • Preparing and implementing the capacity development for all staff based on the needs assessment and in-line with Puntland Civil Service Commission (PCSC) guidelines and requirements.
  • Preparing the annual financial estimates in consultation with the heads of sections

The department is divided into two sections which include the Gender Affairs and Human Rights Sections. The following table provides the functions for each of the sections:

SECTIONS FUNCTIONS
11.1Gender Affairs Section ·  Implementing the five (5) year strategic plan and budget in the Section of Gender Affairs

·  Reviewing the policies, procedures, guidelines and regulations for Gender Affairs

·  Preparing the draft bills that are required to achieve the objectives of the Gender Affairs

·  Implementing the policies, procedures, guidelines and regulations for Gender Affairs

·  Developing and implementing the programs for Gender Affairs in line with the policies and regulations

·  Monitoring the implementation of Gender Affairs policies, rules, guidelines and regulations in Puntland

·  Developing Gender Affairs information dissemination strategies

·  Promoting of legislation and the development of policies and practices against non-discrimination hate crimes

·  Supporting training programs that promote respect for diversity at both Puntland and Federal levels

·  Educating the target groups on anti-discrimination legislation and policies

·  Building the capacities of entities providing legal aid to marginalized groups

·  Supporting programs for increasing the level of integration of minorities into public administration system

·  Promoting the adoption of legislation and strategies to provide for gender equality in the public sector

·  Providing support to gender equality mechanisms at both the national and local levels.

·  Developing civic education programs on Gender Affairs in liaison with Puntland Ministry of Education and ensure that the programs are taught in Schools, Security Services and members of Public Institutions

·  Collaborating with institutions of higher learning and the Puntland Civil Service Institute (CSI) for purposes of offering appropriate training on Gender Affairs

·  Coordinating inter-ministerial and sectional collaboration and cooperation on Gender Affairs

12 Human Rights Section ·  Implementing the five (5) year strategic plan and budget in the Section of Human Rights

·  Reviewing policies, procedures, guidelines and regulations for Human Rights

·  Preparing the draft bills that are required to achieve the objectives of the Human Rights

·  Implementing the human right policies, procedures, guidelines and regulations in PSS

·  Developing and implementing the framework and programs for human rights in PSS in line with the policies and regulations

·  Monitoring the implementation of Human Rights policies, rules, guidelines and regulations in PSS

·  Supporting the establishing the office of the Ombudsman

·  Coordinating the promotion of human rights issues in PSS by working hand in hand with other Government MDAs and civil society organizations

·  Supporting human rights advocacy, human rights commission and promoting fundamental human rights for all

·  Developing Human Rights information dissemination strategies

·  Strengthening of Puntland authorities in implementing human rights and in the provision of required redress

·   Developing the human rights protection framework in the Puntland and the implementation of a sustainable all-inclusive mechanism for monitoring and reporting on human rights;

·  Strengthening capacities of civil servants on dealing with human rights and to raise awareness on the obligations of the state in protection of human rights

·  Supporting the professionals and civil society actors and facilitating their cooperation for effective protection, promotion and fulfilment of human rights in the Puntland.

·  Developing strategies and mechanisms for advancement, protection and fulfilment of refugee/IDP rights

·  Supporting the protection and promotion of the rights of vulnerable groups including women and youth

·  Strengthening relationships with the civil society organizations to identify the existing gaps both in legislation and in practice and ensure creation of the redress mechanisms

·  Developing civic education programs on Human Rights in liaison with Puntland Ministry of Education and ensure that the programs are taught in Schools, Security Services and members of Public Institutions.

·  Coordinating the  development and training programs of all the civil servants in the public service in matters of Human Rights