Consultant – Legal Advisor and Researcher on Security and Accountability for NES Returns

Context and Core Functions / Responsibilities

Since May 2021, the Government of Iraq has committed to returning its nationals from the camps and detention centres in north-east Syria. To date, approximately 9,500 Iraqi nationals have been returned to Iraq through a process which foresees provisional rehabilitation services in Jeddah-1 camp. Concurrently, approximately 3,000 individuals have been transferred from detention centres in north-east Syria to prisons in Iraq.

Under the Global Framework for UN Support on Syria / Iraq Third Country National Returnees (“Global Framework”), the UN is coordinating relevant support to the GoI to address the needs of returned individuals, through human rights-based, age-appropriate and gender-responsive approaches across two pillars: the first pillar responds to the humanitarian and protection needs of returning children and adults, and the second promotes security and addresses accountability, including through the development of prosecution, rehabilitation, and reintegration strategies for returning adults.

To facilitate coordination on issues related to both pillars of the Global Framework, the UN and the Government of Iraq set up the UN-GoI Technical Working Group for the Return of Iraqi Nationals from northeast Syria. This Working Group, chaired by IOM and UNICEF, alongside the Government of Iraq, supports coordination and the provision of technical assistance to the Government of Iraq, including through its four thematic taskforces. These include the Security and Accountability for Adults taskforce (SAATF), co-chaired by UNOCT and the Supreme Judicial Council, which provides a coordination platform to address issues relating to the legal frameworks and criminal justice processes relating to the repatriation process. The return of Iraqi nationals from NES continues to represent a complex issue across humanitarian, protection, security and accountability domains. The movement of individuals through the criminal justice system continues to be an area warranting additional focus and analysis, particularly as Iraq repatriates more complex profiles of individuals who may face criminal responsibility. Increased visibility on criminal justice processes relating to repatriations, including with respect to individuals arrested upon return and the transfer of detainees from north-east Syria, is critical in informing the design and implementation of comprehensive and tailored prosecution, rehabilitation and reintegration strategies that align with international law, and in further delineating the contours of UN engagement in this space. This continues to be underscored by the increase in the number of arrests in Jeddah One in recent months, as well as the ongoing transfer of detained individuals

In this context, IOM seeking a strong candidate with a legal/criminal justice background, and experience working on counter-terrorism issues. This candidate will lead a comprehensive analysis of existing criminal justice pathways and processes, and provide relevant recommendations to guide the SAATF’s work in this space going forward.

This consultancy operates under the guidance of the IOM Chief of Mission and the overall supervision of the IOM co-chair of the Technical Working Group. The candidate is expected to work in close coordination with UNOCT as co-chair of the SAATF, and will be provided with technical guidance and feedback on deliverables from UNOCT through regular meetings.

Core Functions / Responsibilities

1. First deliverable – Conduct the review of existing legal frameworks, policies and practices, underpinning criminal justice efforts related to repatriations of individuals from north-east Syria, including prison transfers of detainees, and arrests conducted upon or after return in Iraq. To be conducted in first 3 weeks of consultancy.
2. Second deliverable – Conduct consultations with UN and Government members of the Security and Accountability for Adults Task Force, and other relevant stakeholders engaged in these processes and their monitoring, as identified in coordination with IOM, UNOCT, UNICEF, UNODC and other relevant UN actors. To be conducted in first 4 weeks of consultancy.
3. Third deliverable – Develop a report on the criminal justice practices and processes surrounding the repatriation of individuals from north-east Syria, which includes:
   1. An overview of existing criminal justice pathways and related statistics, including gender-and-age disaggregated data, and mapping of roles and responsibilities of different Governmental stakeholders for adult and juvenile criminal justice pathways.
   2. An assessment of the legal and procedural aspects surrounding the movement of repatriated individuals through the criminal justice system against relevant international law standards (including adults and juveniles);
   3. A set of recommendations tailored to Governmental and UN stakeholders, respectively, for engagement on the issue and potential technical assistance support, including with respect to the implementation of gender and age-sensitive criminal justice approaches.

Draft report to be delivered at 8 weeks, and final report to be shared with the hiring manager 1-2 weeks after (following feedback).

4. Fourth deliverable – Present findings to UN and GoI in relevant fora, including the SAATF and potentially the Technical Working Group.

Following delivery of the third deliverable, the final report and debriefing should take place during the third month of the consultancy before end of contract by the last week of the third month. (12 weeks)

The order of delivery of the above deliverables can be altered in discussion with the hiring manager.

Payment for consultancy is deliverables based, to be paid at the delivery of an interim report (50%) and at the end of the consultancy (50%)

Performance indicators for the evaluation of results

The consultant’s performance will be evaluated against the following criteria:

1. Timeliness, initiative, work plan, communication and quality of products delivered
2. Satisfactory completion of tasks indicated in this TOR
3. Fit for purpose nature of documents produced

Education, Experience and/or skills required

Education & Experience /or Sills Required

• Advanced university degree (Master’s degree or equivalent) in law or international law is required.
• A first-level university degree in combination with 2 years of additional experience may be accepted in lieu of the advanced university degree.
• A minimum of five (5) years of experience working in the areas of criminal justice, rule-of-law, or transitional justice is required.
• Experience working on criminal justice in Iraq is preferrable.
• English and Arabic proficiency is required.

Travel required

• yes

Languages:

• Fluency in English language is required.
• Fluency in Arabic language is an advantage.

Competencies

Values

• Inclusion and respect for diversity: respects and promotes individual and cultural differences; encourages diversity and inclusion wherever possible.
  • Integrity and transparency: maintains high ethical standards and acts in a manner consistent with organizational principles/rules and standards of conduct.
    • Professionalism: demonstrates ability to work in a composed, competent and committed manner and exercises careful judgment in meeting day-to-day challenges.

Core Competencies – behavioural indicators

• Teamwork: develops and promotes effective collaboration within and across units to achieve shared goals and optimize results.
  • Delivering results: produces and delivers quality results in a service-oriented and timely manner; is action-oriented and committed to achieving agreed outcomes.
    • Managing and sharing knowledge: continuously seeks to learn, share knowledge and innovate.
    • Accountability: takes ownership for achieving the Organization’s priorities and assumes responsibility for own action and delegated work.
    • Communication: encourages and contributes to clear and open communication; explains complex matters in an informative, inspiring and motivational way.

Application

The application should include:

• Motivation letter
• Profile/CV highlighting the consultant’s qualifications and relevant experience;
• One examples of similar 1) tools and 2) reports developed under previous assignments;
• A detailed workplan based on the deliverables listed in the TOR;
• Two references who can be contacted if the application proceeds to the final selection stage;
• Financial proposal that suggests a day rate and number of days required by the consultant to complete above deliverables, including days needed in-country.