1. Introduction and Background The Somaliland National AIDS Commission (SOLNAC) is a multi-sectored Government body established through Presidential Decree No, 88 of 28 June 2005. The Commission is providing overall leadership and strategic vision of HIV Response in the country. The main mandates of SOLNAC includes: Coordinate stakeholders in multi- sectored response to HIV and AIDS in the Country, Advocate, validate, facilitate, monitor and evaluate the implementation of national HIV & AIDS strategic plans and action plans. SOLNAC Advocacy program framework seeks to improve mainstreaming of the HIV response into the capacity building and institutional development initiatives, and promoting human rights and gender equality, as outlined in the National Strategic Plan. Since 2005, the SOLNAC has adopted the national policy on HIV and STI prevention and control approved by the Cabinet, and drafted the bill of the Somaliland HIV prevention and control law, including the establishment Act. Somaliland House of Representatives selected and approved only the segment of SOLNAC establishment as an Establishment Act LR. 67/2014. However, the Somaliland HIV/AIDS Prevention and Control Law remained pending for further refinement for ratification and the Establishment Act LR. 67/2014 is the only effective guiding law. The pending laws, acts and policies require review, removal of contradictions, clarification of articles and sentences of ambiguity restricting functionality and putting different institutions against one another, and moreover, updating and adjusting laws and policies according to the current circumstances of HIV in Somaliland context. Despite the fact that errors and contradictions appear in the provisions of Prevention Act, despite the challenges having been met in the applications of SOLNAC Establishment Act and the policy, it is necessary to review the law and the policy and submit them to the attorney general and the president who is the chairman of the commission en route to the parliament. The HIV Prevention bill will be requested for amendment in the House of Representatives. 2. Purpose and Objectives of the TOR Based on the errors and contradictions in the Prevention bill and policies, SOLNAC Executive Director has nominated technical team for the above mentioned task with the following objectives: 1. Review the HIV Prevention Act, as appropriate for Somaliland Constitutional Rights, Laws for Criminal Law with Criminal Procedure, Civil Law and Civil Procedure, Family Law, Labour Law and Civil Service Law that adversely affect the success, effective and equitable delivery of HIV/AIDS Prevention. 2. Identify legal gabs, contradicting articles, ambiguous sentences and ethical considerations of HIV and recorrect as appropriate as Somaliland constitution 3. Make suggestions and recommendations after broadly participated discussions and contributions of larger segment of partners and stakeholders. 3. Scope of the Tasks a) Holistic approach Executive Director meeting for the introduction of the Review Committee assignment in a clear way. b) Conduct legal consultation with the parliament members and revision for the approval of HIV Prevention Bill c) Validate the suggestions, corrections and recommendations. d) Produce an inception report with detailed suggestions, corrections, and recommendations with inculpated stakeholder feedback. 4. Deliverables 1. Review SOLNAC Prevention Act and HIV Policy 2. Task team presentation of suggestions, corrections, and recommendations 3. Producing an inception report 4. Submit the suggestions and corrections 5. Make recommendations 6. Validate the final draft 7. Submit the final Establishment Act draft 5. Time Frame The assignment period is 5 days starting from Mar 19th up to March 23rd, 2022 Date Activity Participants Location 19/03/2022 ED meeting for the introduction of the review committee SOLNAC management and technical team SOLNAC premise 20/03/2022 Legal consultation. Making recommendations. Consultants, Parliament members, SOLNAC management and technical team SOLNAC premise 21/03/2022 Revising National HIV Prevention Act. Producing inception report Consultants and technical team SOLNAC premise 22/03/2022 Final draft validation workshop SOLNAC management, technical team, parliament members and other stakeholder Maansoor Hotel 23/03/2022 Submission of final prevention Act SOLNAC management and technical team SOLNAC premise
Closed Date: 23 February 2022