Consultant - Development of a Knowledge Product on Bribery (criminalization and enforcement components)

Result of Service Specific tasks to be performed by the consultant:

Under the guidance of the responsible substantive secretariat staff, the consultant shall:

• On the basis of data from completed first and second cycle implementation reviews, any data and information from States parties collected by the Secretariat, and additional data to be collected by the consultant, e.g. through desk-based research, (virtual) expert meetings or interviews with relevant stakeholders, with an emphasis on the provisions concerning the solicitation and acceptance of bribes;

(a) analyse and assess challenges States parties face in addressing domestic and foreign bribery, in particular in effectively criminalizing and enforcing measures aimed at combatting solicitation and acceptance of bribes by their officials; (b) analyse and assess strategies/measures implemented by States to criminalize and enforce domestic and foreign bribery, in particular with respect to the solicitation and acceptance of bribes, and identify trends, developments, common challenges and good practices in this regard; and (c) identify specific and innovative ways to more effectively criminalize and enforce measures aimed at combating domestic and foreign bribery, in particular passive bribery;

• Based on the findings of the abovementioned research and in accordance with the available outline of the full study (although deviations based on substantive research are possible in coordination with the responsible secretariat staff to ensure consistency), draft a well-structured and user-friendly part of the knowledge product that consists of an in-depth analysis of challenges and strategies/measures to address bribery, with a particular focus on effective criminalization and enforcement measures against passive bribery (anticipated to comprise approximately 50 pages / 20.000 words, to be discussed with the consultant on the basis of the data available and research conducted);

• To the extent relevant and feasible, illustrate the analysis with lessons learned, graphs and charts on the effective enforcement measures against passive bribery drawn from complex bribery cases, including, where appropriate, cross-border cases, and identify impediments to effective international cooperation States parties face in this regard.

  Work Location Home-based

  Expected duration 30 May– 31 July 2022

  Duties and Responsibilities Background of the assignment:

Despite the obligation in articles 15 and 16 of the United Nations Convention against Corruption (the “Convention”) to comprehensively criminalize domestic and foreign bribery as the ‘core’ corruption offences, the 173 completed country reviews under the first cycle of the Implementation Review Mechanism of the Convention have identified significant implementation gaps across the majority of States parties. Roughly 250 recommendations have been made by reviewers for each of these two articles. In comparison, only twelve good practices have been identified in ten States parties by their respective reviewing experts with regard to effective criminalization of foreign bribery. In addition to insufficient criminalization, enforcement remains low across the globe and the continuing prevalence of bribery reveals that prevention efforts appear ineffective when it comes to both active and passive bribery.

To address the challenges States face in effectively preventing, criminalizing and enforcing domestic and foreign bribery offences, the Conference of the States Parties to the Convention adopted resolution 8/6 entitled “Implementation of international obligations to prevent and combat bribery as defined under the UN Convention against Corruption”. The resolution encourages States parties to use the outcome of their country reviews to strengthen the implementation of articles 15 and 16, and to share with one another good practices and lessons learned in investigating and enforcing their laws implementing these articles. The resolution also invites the Secretariat to collect good practices and lessons learned in this regard. The resolution further encourages States parties to take all measures to prevent and detect bribery offences under articles 15 and 16.

Purpose of the assignment:

As part of its efforts to facilitate the implementation of resolution 8/6, UNODC intends to develop a knowledge product or study that analyses why, despite global efforts to address bribery, it continues to remain a challenge. Under this assignment, it is expected that the consultant contributes - with respect to the components specified under these terms of reference (criminalization and enforcement) - to the overall project that is to be carried out by a group of three consultants, which consists of drafting the knowledge product and assisting in conducting the necessary underlying research. An outline of the knowledge product is available, and it envisages the final study to consist of the following components: (i) legal framework and criminalization, (ii) prevention, (iii) detection and investigation, and (iv) enforcement. The consultant that is to be recruited under these terms of reference will be responsible for conducing the underlying research and drafting of components (i) and (iv), while ensuring appropriate coordination for the sake of consistency of the study.

The consultants working on this project are expected to leverage the almost universal coverage of the Convention while avoiding duplication with the work done by other international organizations and will in particular analyse challenges States face in preventing the solicitation and acceptance of bribes by their officials, strategies States have adopted in this regard, and recommendations on what steps are needed to prevent and combat the phenomenon of passive bribery more effectively

Qualifications/special skills Academic Qualifications: - An advanced university degree (Master’s degree or equivalent) in the fields of international or criminal law, criminology, international relations, political science, other social science or related field is required. A first level university degree in combination with two additional years of qualifying experience, may be accepted in lieu of the advanced university degree. Experience: - A minimum of 10 years of relevant professional experience is required. - Proven experience in conducting research and drafting, reviewing, and editing technical/academic studies such as background papers, policy studies or academic publications is required. - Hands-on professional experience, including in conducting research for publications on issues particularly related to domestic and foreign bribery, law enforcement and corruption prevention is desirable. - Knowledge of crime prevention and criminal justice issues is desirable. - Professional knowledge of and experience in anti-corruption is required. Language: - Excellent drafting skills in English are required. - English and French are the working languages of the United Nations Secretariat. For this post, fluency in oral and written English is required. Knowledge of another official United Nations language is an advantage.

No Fee THE UNITED NATIONS DOES NOT CHARGE A FEE AT ANY STAGE OF THE RECRUITMENT PROCESS (APPLICATION, INTERVIEW MEETING, PROCESSING, OR TRAINING). THE UNITED NATIONS DOES NOT CONCERN ITSELF WITH INFORMATION ON APPLICANTS’ BANK ACCOUNTS.