Consultant _ Legislative Review on Migration Legislation At International Organization for Migration

Internal and External Candidates

Position Title

Consultant – Legislative review migration legislation

Duty Station

IOM Libya in Tunis office

Type of Appointment

Consultant

Estimated Start Date

As soon as possible

Closing Date

02 July 2021

Established in 1951, IOM is a Related Organization of the United Nations, and as the leading UN agency in the field of migration, works closely with governmental, intergovernmental and non-governmental partners. IOM is dedicated to promoting humane and orderly migration for the benefit of all. It does so by providing services and advice to governments and migrants.

IOM is committed to a diverse and inclusive work environment. Internal and external candidates are eligible to apply to this vacancy. For the purpose of the vacancy, internal candidates are considered as first-tier candidates.

Context:

Libya has traditionally been a transit and destination country for migrants seeking better economic opportunities, escaping violence in their home countries, or hoping to use the territory as a launch pad to Europe. The protracted conflict did not reduce the flow of migrants into the country, where there are currently approximately 600,000 migrants, distributed in all mantikas. The majority of them comes from Libya’s neighbouring countries Niger, Chad, Sudan and Egypt.

The International Organization for Migration (IOM) is committed to the principle that humane and orderly migration and human mobility benefits migrants and society. IOM works globally to help ensure the orderly and humane governance and management of migration, the effective respect for the human rights of migrants in accordance with international law, to promote international cooperation on migration issues, to assist in the search for practical solutions to migration problems and to provide humanitarian assistance to migrants in need. IOM collaborates with member states to enhance the capacity of relevant authorities to respond to challenges related to migration management, govern migration flows while effectively maximizing their positive impact and minimizing the potential costs on migrants and society.

Present in Libya since 2006, IOM, as the UN migration agency, endeavours to work with national authorities and in partnership with stakeholders from the international community to assist in meeting the operational challenges of mixed migration flows, while in the same time upholding the human dignity and well-being of migrants, advancing understanding of migration management issues,

improving coordination and efficiency of national decisions based on a revised migration governance architecture, and supporting social and economic development through tailored migration management initiatives at both policy and technical level.

One of the important national stakeholders in advancing the transition towards longer term solutions for migration management in Libya is the House of Representatives (HoR). Through its Foreign Affairs Committee, the HoR has announced its intention to take comprehensive steps towards a long-awaited review of national legislation on migration management in Libya and through this, help creating the necessary conditions for significant changes in the national migration governance framework. To be successful, such initiative requires an inclusive approach that combines the contribution of national legislative and executive entities as well as the perspective of civil society. In addition, the support of specialized international organizations is recommended, to ensure the adoption of the most suitable way forward, based on best practices, tailored to the country context, national needs and priorities and anchored in applicable international standards,

IOM intends to build on the already established collaboration with the representatives of the Foreign Affairs Committee of HoR. Upon request, IOM has initiated a structured dialogue with the HoR counterparts, to determine concrete modalities where it could provide specialized support to the legislative review process, from the perspective of its mandate and expertise, and in collaboration with relevant national authorities.

Core Functions / Responsibilities:

The main objective of this consultancy is to provide much needed technical support to Libyan authorities to perform a review of current national legislation pertinent to migration through a consultative and inclusive process. For a qualitative delivery of results, the incumbent is expected to make use of best practices, to coordinate with relevant counterparts and build synergies. The incumbent is also expected to draw upon previous reviews, analyses and related initiatives implemented by the UNCT Libya and other stakeholders from the international community.

Under the overall guidance of the Chief of Mission and the direct supervision of Protection Programme Manager, the incumbent is expected to:

a) Conduct a desk review and legal analysis of the current legal framework in Libya relevant to migration, in all relevant branches of law, including but not limited to legislation and regulations on:

· entry, transit, departure and return of foreigners into and out of the territory;

· the right to stay and residence, conditions and requirements, for how long and what rights and responsibilities are linked to stay;

· Available legal pathways for labour migration;

· International protection and other protection systems (i.e., vulnerable migrants including victims of trafficking, smuggled migrants, unaccompanied and separated children);

· Diaspora engagement, maximizing of remittances and existing initiatives and partnerships for development with neighbouring countries, including in the education sector;

· Bi-lateral readmission agreements;

· Other bi-lateral agreements relevant to migrants and migration;

· relevant International treaties, case-law, and soft law instruments (including 2030 Agenda for Sustainable Development and the Global Compact for Migration) as relates to migration in Libya.

b) Identify legal gaps and lacunas, possible overlaps, issues of coordination and conflicts within the current migration legal framework and system, as well as where it is not in compliance with international migration law obligations and other international obligations of Libya;

a) Conduct a comparative analysis of migration law and policies with a pool of selected other states as agreed with relevant national authorities, with the objective of identifying best practices that Libya can potentially capitalize on;

b) Map the institutional framework and national coordination practices including administrative processes related to the development and review of migration legislations with a purpose of identifying challenges and propose effective, inclusive and participatory legal review process(es);

c) Propose a set of recommendations on a) a reform of the legal framework and policies related to migration governance and management with a whole of government approach and in accordance with international law, including human rights law, identifying responsible institutions and respective roles and b) improvement and enhancement of implementation and coordination between competent authorities, as needed;

d) Support the review of draft legislation on migration proposed by national authorities and provide recommendations;

e) Translate technical legal documents provided by IML Unit/IOM HQ from English into Arabic, as needed;

f) Organise and deliver capacity building initiatives/trainings related to legal review process, targeting relevant officials of House of Representatives and other participating national authorities;

g) Support the preparation and facilitation of consultative workshops on legal review process, in cooperation and coordination with national authorities, academia, civil society.

Expected Outputs and Deliverables

1. An inception report outlining how the incumbent is planning to implement the tasks of this consultancy, based on initial consultation with national authorities and relevant stakeholders, with a working plan /calendar;
2. One report with the outcomes of analysis of Libyan legal framework and recommendations according to the responsibilities listed at points a) – e) above, in Arabic and English languages;
3. A report with recommendations for the responsibility listed at point f);
4. Final report for two workshops organized in collaboration and coordination with national counterparts on related topics;
5. Final report for two capacity building activities relevant for the legal review process targeting representatives of national authorities.

Required Qualifications and Experience

Master’s degree in a field of study related to Humanitarian Law, Human Rights Law, international migration law or a related field from an accredited academic institution with relevant professional experience;

Strong knowledge in international migration law, including human rights lawStrong background with at least 5 years of experience in legal review or related matters;

Prior work experience with an international organization and proven experience in supporting national authorities in the development of a new legislation;
Excellent drafting skills as well as capacity to analyse complex legal and institutional frameworks and make recommendations on this basis;
Excellent ability to liaise and negotiate with government and parliamentarians/ counterparts;
Personal commitment, efficiency, flexibility, drive for results;
Ability to work effectively and harmoniously with counterparts and colleagues from varied cultures and professional backgrounds;
Previous training delivery experience in the area of rule of law, correction, immigration detention is a key asset;
Strong understanding of the Libyan context is an asset.

Languages

Fluency in English and Arabic is required (oral and written). Working knowledge of other UN language is advantage.

Required Competencies

Values

• Inclusion and respect for diversity: respects and promotes individual and cultural differences; encourages diversity and inclusion wherever possible.
• Integrity and transparency: maintain 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 level 1*

• 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.

Other

Appointment will be subject to certification that the candidate is medically fit for appointment and verification of residency, visa and authorizations by the concerned Government, where applicable.

The consultant must adhere to the International Organization for Migration (IOM) Data Protection Principles (IN/138) and maintain confidentiality.