Consultant to map the criminal justice response to conflict-related sexual violence in Libya

Result of Service The consultant will produce:

• A desk review encompassing the current criminal justice response to conflict-related sexual violence in Libya. This shall include the criminal justice response to the needs of survivors of sexual violence committed in detention settings (both formally managed by Ministry of Justice, Ministry of Interior and Stability Support Authority (SSA)). The desk review should also include an analysis of the current legislative framework regarding conflict-related sexual violence. The latter shall be undertaken in full coordination and complementarity with any work done under the implementation of the Model Legislative Provisions and Guidance on Investigation and Prosecution of Conflict-Related Sexual Violence. The analysis shall also build on the reports from the two previous Commissions of Inquiry sent to Libya in 2012 and 2018.
• A final analytical report based on the desk review and complemented with interviews with representatives from the aforementioned actors and supporting actors in Tripoli, Sebha and Benghazi. In addition, the final report will be informed by a civil society consultation to understand the concrete hurdles that victims and survivors face when seeking justice. The final report shall also include a section on the number of sexual violence cases registered by the aforementioned actors. Before its finalization, the consultant shall brief UNSMIL, members of the UN Country Team, other relevant international organizations (for EUBAM and international INGOs and the Libyan Experts Committee that is developing a draft law on violence against women.

• Support for the organization of a roundtable with relevant Libyan authorities (Attorney General’s Office, Supreme Judicial Council, Ministry of Interior and Ministry of Justice), convened by UNSMIL and the Team of Experts, on key findings and recommendations.

  Work Location Home Based

  Expected duration - The work will be conducted between 1 September 2022 and 31 January 2023.

  Duties and Responsibilities Conflict-related sexual violence in Libya

The national criminal justice response to conflict-related sexual violence in Libya is weak. Victims of sexual violence in Libya rarely attain justice. Conflict-related sexual violence cases are often not reported to the Libyan Police nor to the Office of the Attorney General. According to reports, filing a report can result in arrest, possible conviction for adultery for any woman who fails to prove a rape, and reprisal from the perpetrator or the victim’s community. Formal and informal detention settings are scene to significant violations, including sexual violence, according to multiple UN sources. Migrants and others in irregular status are particularly vulnerable to arrest for filing a report. Cases that are reported are often not investigated. Complaints that do reach the courts rarely result in convictions. In addition, the state response to the needs of survivors, such as social support and reparations, is very limited.

While the consequences of inadequate justice responses for victims of conflict-related sexual violence have been documented, there is a dearth of precise information on the capacities and gaps of justice actors, including the police, prosecutors, judges, correction inspection services as well as forensic and criminal lab department). For example, while the structures of criminal justice actors in Tripoli and Benghazi are known, the structure of justice actors in other areas, such as Sebha in southern Libya, are not. More information is needed on the scale of the conflict-related sexual violence caseload before Libyan courts. While a new law addressing violence against women is being drafted, on the basis of the Model Legislative Provisions and Guidance on Investigation and Prosecution of Conflict-Related Sexual Violence, the existing provisions and gaps in Libyan criminal law require further study. A mapping and diagnostic of the existing criminal justice response to conflict-related sexual violence is therefore necessary to plan future technical assistance efforts. This consultancy should provide a more complete understanding of how a conflict-related sexual violence case moves through the criminal justice chain in priority areas of Libya.

Team of Experts and UNSMIL

The UN Team of Experts on the Rule of Law and Sexual Violence in Conflict (Team of Experts) was created by Security Council resolution 1888 (2009) to assist national authorities in strengthening the rule of law with the aim of ensuring criminal accountability for perpetrators of conflict-related sexual violence. This resolution recognized that conflict-related sexual violence is a threat to international peace and security, and that Member States affected by conflict need assistance to address impunity in order to prevent and deter future violations.

The Security Council’s current mandate for UNSMIL, outlined in detail in resolution 2542 (2020), requests the mission to take fully into account a gender perspective throughout its mandate and to assist the Government of National Unity in ensuring the full, effective and meaningful participation and leadership of women in the democratic transition, reconciliation efforts, the security sector and in national institutions, as well as the protection of women and girls from sexual and gender-based violence including sexual violence in conflict, in line with resolution 1325 (2000) and further requests enhanced reporting by UNSMIL on these issues.

2. Objectives

The Team of Experts in collaboration with UNSMIL’s Human Rights, Rule of Law and Transitional Justice Service (HRS) is seeking a consultant to:

(i) Map the current criminal justice response to conflict-related sexual violence in Tripoli, Benghazi and Sebha, with a focus on the following actors: ¿ Ministry of Interior (Libyan Police, Human Rights Division as well as forensic and criminal lab department). ¿ Office of the Attorney General ¿ Supreme Judicial Council ¿ Ministry of Justice (Forensic Department and Prison Inspection Department). (ii) Identify the conflict-related sexual violence caseload handled by the aforementioned actors. (iii) Analyze the current legislative framework in connection with conflict-related sexual violence. (iv) Analyze the role of supporting actors regarding the gathering of information on sexual violence cases, such as: ¿ The National Bar Association. ¿ Legal aid organizations including the legal aid coalition and public lawyers. ¿ Civil society, including Human Rights Defenders/Women Human Rights Defenders (HRDs/WHRDs). ¿ Service providers and referral pathways for justice actors. (v) Make recommendations on how existing gaps could be addressed through recommendations. (vi) Conduct other tasks as relevant for the Team of Experts and HRS.

Qualifications/special skills Academic Qualifications: Advanced university degree (Master's degree or equivalent) in law, human rights, political science, or another directly relevant field. Experience: - A minimum of 7 years of professional work experience at the international level on rule of law, human rights, or related topics, including experience conducting research. - Work and analysis of rule or law/justice systems. - Excellent writing, analytical and presentation skills. - Ability to meet tight deadlines. - Familiarity with the regional and preferably Libyan context and justice system desirable. Language: Fluency in written and spoken English and Arabic

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.