Consultant (Legal) for Federal Government in Baghdad (Re-advertisement)

Contract

This is a National Consultant contract. More about National Consultant contracts.

Background

This position is Home Based. The incumbent will work under the direct supervision of the Project Manager of the EU-funded project, STRIVE Juvenile and in close coordination with the Criminal Justice and Crime Prevention Officer (Legal Officer). The Consultant will perform his/her functions in cooperation with, and under the guidance and support of other designated UNODC staff.

The mission of UNODC is to contribute to the achievement of security and justice for all by making the world safer from crime, drugs, and terrorism. In the context of global counter-terrorism, UNODC is mandated to provide assistance to requesting States in their efforts to address the legal and criminal justice aspects of countering terrorism.

UNODC also has the specific mandate to support Member States in ensuring that children are better served and protected by justice systems. In particular, in re-affirming the UN Global Counter Terrorism Strategy in July 2016, the General Assembly reiterated “that, given their potential status as victims of terrorism as well as of other violations of international law, every child alleged as, accused of or recognized as having infringed the law, particularly those who are deprived of their liberty, as well as child victims and witnesses of crimes, should be treated in a manner consistent with his or her rights, dignity and needs, in accordance with applicable international law, in particular obligations under the Convention on the Rights of the Child.”

In recent years, the number of children recruited and exploited by terrorist and violent extremist groups, has notably increased. As a result, Member States are facing increasing challenges in trying to combine effective prevention and responses to violence perpetrated against those children, including those involved in the Foreign Terrorist Fighter (FTF) phenomenon, whilst also providing adequate accountability mechanisms to uphold the rule of law.

Given the mandates and longstanding expertise of UNODC in the areas of violence against children,2 justice for children and counter-terrorism, and prompted by an increasing number of technical assistance requests, since 2015, UNODC has been providing specialized technical assistance to support Member States, within the framework of the UNODC Global Programme to End Violence against Children (GP to END VAC), in their efforts to provide effective responses to the complex challenges raised by children recruited and exploited by terrorist and violent extremist groups.

Under the Global Programme to END VAC, in 2016, UNODC began to work on Preventing and Responding to Violence against Children by Terrorist and Violent Extremist Groups, delivering technical assistance activities to over 40 countries in different regions of the world and has focused on multi-disciplinary capacity-building. Within this project, UNODC developed and launched a Training Package composed of four complementary publications. In addition, in 2019, UNODC launched the UNODC Roadmap on the Treatment of Children Associated with Terrorist and Violent Extremist Groups, which summarizes relevant guidance for action in the areas of prevention; rehabilitation and reintegration; justice responses, by proposing selected recommendations. Further information on the Global Programme to END VAC and its achievements are accessible at: https://www.unodc.org/unodc/en/justice-and- prison-reform/endvac.html

Since 2021, UNODC and the European Union have joined forces for the implementation of the project “STRIVE Juvenile: Preventing and Responding to Violence against Children by Terrorist and Violent Extremist Groups”, a three-year initiative that will see UNODC partner with Indonesia, Iraq and Nigeria to provide tailored technical assistance on supporting the situation of these children.

Duties and Responsibilities

Scope of Work

The purpose of the assignment is to conduct a legal assessment and analysis of the national legal framework and practice in Iraq related to all phases of the juvenile justice process, complete a template, and draft an assessment report, including findings and proposals for action (recommendations) in line with international law. The proposals for action will include actions to improve current practices, amend or adopt new laws and regulations, and provision of specialized legislative advice and in legal drafting support to implement the required amendments, participation in workshops, training and capacity building activities.

Specific tasks to be performed by the Consultant:

Under the direct supervision of the Crime Prevention and Criminal Justice Officer who acts as the Coordinator of the UNODC Global Programme to End Violence against Children as well as the Coordinator of the EU-funded project, STRIVE Juvenile, based at UNODC headquarters in Vienna, Austria, and in cooperation with the designated UNODC staff, the Consultant will:

Legal assessment and analysis:

• Gather information regarding key legal provisions (based on the Arabic version of the legal instruments), legal arguments and juvenile justice principles/safeguards regarding all the phases of the juvenile justice process for children associated with terrorist and violent extremist groups.
• Conduct legal assessment and analysis of the current legislation and regulations as well as current practices regarding key stakeholders at each phase of the juvenile justice process.
• Review the translation of the template and assessment report, which includes the findings and proposals for actions, into English language.

Related activities:

• Use the methodology developed by the STRIVE Juvenile team the full report will follow a standard template format, which consists of a template (table), a narrative part, that contains the gaps identified (findings) and proposals for action (recommendations) to improve current practices, amend or adopt new laws and regulations, and provision of specialized legislative advice to implement the required changes in practices, regulations, protocols, standard operating procedures, and amendments.
• The analysis should include relevant laws, decrees and regulations on juvenile justice process for children associated with terrorist and violent extremist groups.
• Review the English translation for accuracy with the original report.

Expected tangible and measurable deliverables:

1. One template (table) complete that contains the analysis of key stakeholders’ contribution to each stage of the juvenile justice process.
2. One (1) assessment report contains the gaps identified (findings) and proposals for action (recommendations) to improve current practices, amend or adopt new laws and regulations, and provision of specialized legislative advice to implement the required changes in practices, regulations, protocol, standard operating procedures, and amendments.
3. Annexes, including (i) laws, regulations, policies, reports or analysis (an overview of laws and regulations, including applicable administrative, civil, criminal, and criminal procedural law, and related reports, action plans etc. related to the juvenile justice process); (ii) jurisprudence (judicial cases) (iii) relevant personality studies conducted involving children associated with terrorist groups, included related forms or templates.

Dates and details as to how the work must be delivered:

Deliverable

Output

Working Days

To be accomplished by (date)

A

One complete template and assessment report all the phases of the juvenile justice process for children associated with terrorist and violent extremist groups.

• Submission of first draft complete table (average 10 wd) that contains the analysis of key stakeholders’ contribution to each stage of the juvenile justice process. Collection and submission of laws and regulations, including applicable administrative, civil, criminal, and criminal procedural law, and related reports, action plans etc.
• Submission of first draft assessment report (average 15 wd) contains the review and analysis of the legal instruments pertaining to the situation of children associated with terrorist groups, including gaps identified (findings) and proposals for action (recommendations) to improve current practices, amend or adopt new laws and regulations, and provision of specialized legislative advice to implement the required changes in practices, regulations, protocols, standard operating procedures, and amendments.

Annexes:

• Laws, regulations, policies, reports or analysis (an overview of laws and regulations, including applicable administrative, civil, criminal, and criminal procedural law, and related reports, action plans etc. related to the juvenile justice process).
• Relevant judicial cases involving children associated with terrorist groups collected and submitted.
• Relevant personality studies conducted involving children associated with terrorist groups collected and submitted.
• Incorporation of comments from STRIVE Juvenile under the Global Programme to End Violence against Children.
• Submission of revised final version ready to be submitted to national authorities (5wd).

(All texts and cases referenced in the national lists must be submitted in digital version).

First and revised final versions submitted.

Reports are drafted in Arabic language, and English translation is reviewed. Comments from Global Programme to End Violence against Children and national stakeholders incorporated in the final version. Executive summary and proposals for action (recommendations) are drafted Arabic and translated into English.

Indicators to evaluate the Consultant’s performance

All tasks should meet the satisfaction of UNODC/OCB/ISS according to the following indicators:

Deliverable

Indicators

A/ Completing the template (table) and drafting of legal assessment report, and attached the relevant legislation, draft bills etc.

• Template (table) completed and submitted
• Legal assessment report submitted.
• Legal assessment review and recommendations are in line with international and regional instruments.
• Assessment contains an analytical report, a gap analysis (findings), tailored proposals for action (recommendations) and an executive summary; earlier comments from the STRIVE Juvenile are dully taken into account.
• Executive summary and proposals for action (recommendations) should be provided as well.
• Quality and timeliness of the documents produced (format and substantive – United Nations standards).

A/ Submit of Annexes (i) laws, regulations, policies, reports or analysis (an overview of laws and regulations, including applicable administrative, civil, criminal, and criminal procedural law, and related reports, action plans etc. related to the juvenile justice process); (ii) jurisprudence (judicial cases) (iii) relevant personality studies conducted involving children associated with terrorist groups, included related forms or templates.

• Collection and submission of annexes.
• Accessibility of the documents: Each norm or document must be referenced, a link to the digital source included, and a digital copy annexed to the list. Accuracy: Ensure that the most recent version of each norm or code are listed and attached (check for latest amendments).
• Exhaustive: If draft laws exist, these should be included as draft bills in the list and a copy of those text should be provided, where possible.
• If available, also other relevant policies, reports or analysis, should be included.
• Number of laws, regulations, judicial cases, and where existing and available, national strategies and action plans, collected and submitted.
• Time: Only recent cases should be added, if possible, not older than 5 years and based on the current laws (in principle, do not select cases based on old laws that are no longer valid or amended, unless the cases have a specific and justifiable interest per se).
• Case documentation is complete and includes the final sentence. Complementary documentation pertaining to the case – if available – should be included.
• Variety of terrorism related offences covered.

• Quality of the expert advice provided technical competence and timely completion of assigned tasks.

• Legislative review is in compliance with international and regional instruments.

• Presentation of the assessment findings is accurate, concise and of good quality.

• Comments and suggestions from legal drafters and stakeholders are taken into account.

30 working days

1st draft of the template (table):

by 11 May 2022

2nd final draft of the template (table):

by 17 May 2022

1st draft of the report, including annexes:

By 20 June 2022

2nd final draft of the report:

by 28 July 2022

Competencies

The consultant will require the following qualifications, experience, competencies and language skills. Only applicants who meet these criteria will be short-listed and will be contacted.

Required Skills and Experience

Education:

An advanced university degree (Master’s degree or equivalent) in law, with a specialization in criminal law, juvenile justice criminology or a related field, is required. A first level university degree in similar fields in combination with two additional years of qualifying experience may be accepted in lieu of the advanced university degree.

Experience:

A minimum of ten (10) years of experience in the area of criminal justice, juvenile justice, rule of law or legal academia is required. Experience in legal analysis, drafting of national legislation or international instruments and standards into domestic laws is required. Technical and operative knowledge on juvenile justice is desirable. Experience as attorney, prosecutor, magistrate or as legal counsel is desirable. Experience working with different legal criminal justice systems in (common and civil law) in Iraq (Federal Government in Baghdad), is desirable.

Language Requirements:

English and French are the working languages of the United Nations Secretariat. For this post, fluency in oral and written Arabic and English is required.

Computer skills:

Proficiency in Excel, Outlook, Word and PowerPoint is required.