Consultant for the Manual on Access to Economic and Social Rights of Asylum Seekers in Serbia

Job Description

The International Rescue Committee (IRC) responds to the world’s worst humanitarian crises and helps people to survive and rebuild their lives. Founded in 1933, the IRC offers lifesaving care and life-changing assistance to refugees forced to flee from war or disaster. At work today in over 40 countries, the IRC aims to restore safety, dignity, and hope to millions who are uprooted and struggling to endure. The IRC has been operational in Serbia since October 2015, supporting programs in response to the mass influx of refugees. The IRC works with a group of national non-governmental organizations as well as relevant institutions, delivering a comprehensive protection program and continues to design new strategies to address further the needs of the refugees and other individuals belonging to vulnerable groups.

As the influx of refugees and migrants has significantly increased during 2022,[1] questions of access to the rights of those in transit and seeking international protection in Serbia are as pertinent as ever. While the number of those entering Serbia or transiting there has increased, the number of asylum applications and those receiving international protection remains low.[2] Access to economic and social rights is heavily reliant on status and therefore limited for migrants. At the same time, it is likewise recognized as being laden with obstacles for those enjoying international protection.[3]

General Goal of the Project ---------------------------

The overall objective of the project titled Improved capacity and resilience of CSOs in Serbia to protect economic and social rights of Roma and migrants in the aftermath of the COVID-19 pandemic, funded by the European Instrument for Democracy and Human Rights (EIDHR), led by Initiative for Social and Economic Rights in partnership with Roma Forum of Serbia, Public Policy Research Center and International Rescue Committee is to strengthen community responses and resilience for better protection of ESRs of Roma and migrants during and in the aftermath of the COVID-19 pandemic and to strengthen capacities for taking care of the future emergency situations.

Context of the Assignment -------------------------

While the question of access to rights of Roma and of migrants, refugees, and asylum seekers significantly differ, this project tries to ensure access to economic and social rights of members of these two categories considering their vulnerability.

Individuals that arrive in Serbia and seek refuge in Europe face difficulty and peril when attempting to access European Union territories.[4] Countries bordering Serbia, such as Hungary, have introduced legislation and measures that make it exceedingly difficult for those seeking refuge in the EU to enter it,[5] while other countries within the EU have introduced border controls with other EU countries in order to prevent people on the move from entering their territories.[6] With that in mind, it has become more so relevant to provide individuals arriving in Serbia with information about which rights they are entitled to and how to access them should they enter the asylum procedure, considering that their duration of stay will likely not be brief with all the obstacles they face in reaching their countries of destination.

Purpose of the Assignment in relation to the project ----------------------------------------------------

While the project focuses on strengthening community responses and empowering local CSOs to protect the economic and social rights of Roma and migrants in the post-COVID-19 context, the specific aim of this assignment is to ensure that migrants and asylum seekers are aware of their economic and social rights, as well as how to access them and how to attain support for accessing those rights.

This manual should contribute to the knowledge on access to rights of people of the move should they decide to seek international protection in Serbia. Likewise, it should contribute to achieving the aims of the project, particularly those referring to specific objectives 1 - most vulnerable Roma, refugees, migrants, and asylum seekers receive adequate legal support and protection to access their ESRs during and after the COVID-19 pandemic, in line with activity 1 of the project - development of legal awareness materials.

The specific objective of the assignment -----------------------------------------

1. To develop the Manual on Access to Economic and Social Rights of Asylum Seekers in Serbia.

Encouraged results ------------------

1. To provide information to asylum seekers on the normative framework of the Republic of Serbia pertaining to access to economic and social rights and how to access them; 2. Develop and deliver the final version of the Manual;

Major tasks to be accomplished by the Consultant ------------------------------------------------

1. To identify and analyze the normative framework of Serbia pertaining to access to economic and social rights for asylum seekers – those individuals who are yet to receive a decision on their application for international protection in Serbia; 2. To produce an outline of the manual for review by IRC prior to the preparation of the first draft of the manual; 3. Preparation and submission of the draft text of the manual; 4. Preparation and submission of the final version of the manual, drafted with a view to the comments provided by IRC and the project lead.

Timeframe -------------

Deliverable title

Timeframe

1

To identify and analyze the international standards and the normative framework of the Republic of Serbia pertaining to the economic and social rights of asylum seekers and refugees, particularly the rights to education, employment, health, social security, and an adequate standard of living. -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

20 January 2022

2

To prepare an outline of the manual and send it to IRC for review and approval

25 January 2023 ---------------

3

Based on the feedback, prepare the first draft of the manual and send it to IRC for approval.

1 February 2023 ---------------

4

To complete the manual based on the IRC and project lead feedback.

8 February 2023 ---------------

Proficiencies and skills ------------------------

- At least 3 years of relevant professional and technical experience and proven know-how in asylum and migration law, particularly in issues related to the protection and integration of asylum seekers and refugees. - Excellent knowledge of relevant international standards and the normative framework of the Republic of Serbia concerning access to rights, particularly economic and social rights, of asylum seekers and refugees. - University degree in law, political science, social sciences, or other relevant fields. - Previous experience in the development of manuals, analysis, and other similar documents. - Excellent knowledge of Serbian and English.

Application documentation -------------------------

Please send us your CV, including a list of publications and the financial offer.

Payment terms -------------

- Within 30 days upon approval of the final version of the manual.

[1] In the period between January and November 2022, authorities reported 110,947 new arrivals to governmental centers, as compared to 55,429 in the same period in 2021. UNHCR Representation to Serbia, November 2022 Update, 16 December 2022, p.

[2] Of the individuals mentioned in the footnote above, 3,879 expressed the intention to seek asylum, and 307 asylum applications were formally lodged. In 2021 only 2,306 persons expressed the intention to seek asylum, of which only 174 officially lodged an asylum application. Of those, seven were granted refugee status, and seven subsidiary protection.

[3] Concluding observations of the Committee on Economic, Social and Cultural Rights on the third periodic report of the Republic of Serbia, 6 April 2022, paras. 32 and 33; European Committee of Social Rights, Conclusions 2019, Serbia.

[4] For more information, please see Border Violence Monitoring Network, Black Book of Pushbacks – expanded and updated edition – Volume I-IV, eds. Hope Barker and Milena Zajović.

[5] For an overview on developments in Hungary, see Tamás Hoffmann, Illegal Legality and the Façade of Good Faith – Migration and Law in Populist Hungary, Review of Central and East European Law 47 (2022) 139–165, available at: https://brill.com/downloadpdf/journals/rela/47/1/article-p139_007.pdf.

[6] Austria, Czechia and Slovakia, among other countries, have temporarily reintroduced border controls. For more data on the matter, see European Commission Notifications of the Temporary Reintroduction of Border control at: https://home-affairs.ec.europa.eu/policies/schengen-borders-and-visa/schengen-area/temporary-reintroduction-border-control_en#:~:text=The%20Member%20State%20shall%20notify,known%20at%20a%20shorter%20notice.

LI-GR2

Qualifications