UNHCR, the UN Refugee Agency, is offering an Individual Consultancy position within the Caribbean Protection Unit in our Multi-Country Office Washington DC, USA.
UNHCR is a global organisation dedicated to saving lives, protecting rights and building a better future for refugees, forcibly displaced communities and stateless people. Every year, millions of men, women and children are forced to flee their homes to escape conflict and persecution. We are in over 125 countries, using our expertise to protect and care for millions.
Title: Individual Consultant
Duty Station: The Bahamas
Duration: 01 October 2021 – 31 May 2022
Contract Type: International Individual Consultant
Closing date: 20 September 2021 (midnight Washington DC time)
Organisational context
Statelessness is a global phenomenon, affecting the lives of millions of people worldwide.[1] A stateless person is defined as someone “who is not considered as a national by any State under the operation of its law.”[2] Persons that are stateless lack the protection afforded to nationals of a State, and are generally excluded from enjoying a range of human rights.[3] Statelessness may also lead to economic and social exclusion, discriminatory treatment and limitations on public services.
In October 2013, the United Nations High Commissioner for Refugees (UNHCR), in its role as the UN agency mandated to address the issue of statelessness, called on the international community to engage in a Global Action Plan to End Statelessness (the Global Action Plan). The Global Action Plan encourages States to take one or more of 10 defined Actions to achieve the goal of eradicating statelessness by 2024.[4] This proposed Statelessness Comprehensive Assessment is launched pursuant to Action 10 of the Global Action Plan, which encourages the quantitative and qualitative data collection of stateless populations, and the identification of “factors that may contribute to new cases of statelessness or which prevent resolution of existing situations.”[5]
Legislative gaps and a lack of legal safeguards to prevent statelessness in The Bahamas may be creating a distinct challenge and vulnerability for those born in The Bahamas of non-Bahamian parents, given that Bahamian citizenship is acquired according to the principle of jus sanguinis. These gaps and lack of legal safeguards take on a greater complexity considering the diverse migrant population in The Bahamas, in particular, the population of Haitian descent, which represents the largest ethnic minority residing in the country. While the exact figure of this population is unknown, estimates range anywhere from 30,000 – 80,000 persons. In addition, the Bahamian nationality laws do not allow women to confer nationality to their children on the same terms as fathers. The nationality law provides that children born in the country to either a Bahamian father or mother acquire Bahamian nationality; however, children born abroad acquire nationality(automatically)only through Bahamian fathers, not mothers.[6]
It is important to note that in 2019, the Government of The Bahamas released a Nationality, Immigration and Asylum Bill. If adopted, the piece of legislation would be amongst the first asylum legislation in the region. UNHCR has provided significant comments on the draft bill, which remains under review, according to the Minister of Immigration. UNHCR has been informed that the draft bill is set to be tabled before the House of Assembly in the very near future for debate and it is of high priority to the current administration. The proposed draft Bill is anticipated to have an impact on the statelessness population in The Bahamas in addition to the Appellate case of The Attorney General v Rolle.
1. Purpose and objectives of the Comprehensive Assessment
The main objective of this proposed comprehensive assessment is to:
a. provide an approximate estimate of the number of stateless persons and persons who are at risk of statelessness in The Commonwealth of The Bahamas; at the very least provide a baseline,
b. analyze the different profiles of stateless persons or those at risk of statelessness,
c. determine the causes, gaps and challenges for each profile and
d. provide realistic and feasible solutions to address the said challenges and causes, based on the national legislation and practices.
In 2013, the Government of The Bahamas appointed a Constitutional Reform Committee to, inter alia, review the provisions of the Constitution, with a view to modernizing its provisions, in advance of the 40th Independence celebrations. During that process, the Constitutional Commission acknowledged gaps in the framework of Bahamian nationality law that may give rise to situations of statelessness, in particular amongst persons born in The Bahamas of Haitian descent. As there is no official data available indicating the number or profile of stateless persons in The Bahamas, it is envisaged that the findings and the recommendations in this proposed assessment will serve as the impetus to develop strategies and policies that can assist the Government and the international community to reduce and prevent statelessness in The Bahamas.
Duties and responsibilities
Timeframe and General objective of the Assessment:
The Assessment will be conducted for a period of 8 months, from 1 October 2021 to 31 May2022. The objective of the assessment is to collect and analyze information on the numbers, risks and solutions for stateless individuals or those at risk of statelessness in The Bahamas.
1. Specific objectives of the Comprehensive Assessment:
· Provide an approximate estimate of the number of stateless persons and persons who are at risk of statelessness.
· Analyze the legal, political, administrative, and institutional framework in Bahamas (including the proposed draft legislation) so as to identify the gaps and deficiencies leading/potentially leading to Statelessness/risk of Statelessness in The Bahamas.
· Analyze the i) Laws and regulations related to Nationality, as well as their effective
implementation, and ii) practices related, inter alia, to civil registration, issuance of identity documents (birth certificate, nationality certificate, ID card, passport, voter’s card, permit of stay, etc.), so as to highlight the gaps in the legal and administrative procedures leading orpossibly leading to Statelessness.
· Identify the stateless populations/groups of populations as well as populations/groups of populations at risk of statelessness, and collect information in relation to their sociodemographic profile, characteristics, situations, location, etc. at the very minimum provide a baseline number of stateless persons and those at risk of statelessness.
· Establish to which extent statelessness exists (estimated number of persons affected); as well as establishing where stateless persons live and other demographic characteristics of stateless population (e.g., age, sex, occupation socio-economic situation).
· Analyze the situations and profiles of stateless persons, and those at risk of statelessness, and identify the cause of statelessness/ risks of statelessness as well as register the impact of statelessness in the enjoyment of fundamental rights and in accessing basic services, as well as any other obstacle encountered by stateless populations/populations at risk of
statelessness.
· A comprehensive review and analysis of the Constitution and national legislation to determine what elements exist within that contribute to discrimination against stateless persons, at risk of statelessness, especially women and/or create instances of gender inequality.
· Draft recommendations and solutions aiming at reducing the instances of discrimination-based sex.
· Map the actors, areas/scope of intervention, and the review of the effectiveness of their interventions; include mapping of stakeholders, including identification of actors involved in prevention of statelessness and protection of stateless persons.
· Analyze the mechanisms for the identification and the situation of stateless persons (in situ and migrants);
· Analyze existing measures participating in the reduction of statelessness, through
naturalization procedures and other measures in place, to address prolonged statelessness situations.
· Collect information on the self-perceptions of stateless persons and persons at risk of
statelessness on their situation. Also, collect information on the perceptions of the general population and the authorities about stateless persons and persons at risk of statelessness.
· Identify existing good practices and analyze obstacles and challenges towards possible solutions in the national context.
· Draft recommendations and solutions aiming at improving the legal and administrative framework, as well as practices, in order to reduce and prevent statelessness, and protect stateless persons with a particular focus on their treatment by law enforcement and situation of children.**
2. Preliminary phases and good faith
If the circumstances require so, and in consultation with UNHCR, the Consultant(s) will guarantee his/her availability and good faith in accomplishing the necessary tasks and formalities towards the full achievement of the assessment.
3. Methodology
The consultant will develop a methodology of the Assessment which will be validated by UNHCR, and which should include i) desk review, ii) field work, iii) drafting and validation of the Assessment, and iv) dissemination of results to UNHCR and its partners.
3.1 Desk review:
The desk review should include (non-exhaustive list):
• Analysis of Laws and regulations (as well as their effective implementation) covering the
issues of Nationality and Statelessness, so as to identify gaps in the legal, political and
administrative framework potentially leading to Statelessness;
• State of ratification/accession of The Bahamas to the Statelessness Conventions as well as to
regional and international instruments for the protection of fundamental rights/the right to
a nationality, and conformity of national legislation with the above regional and
international instruments;
• Analysis of national legal instruments so as to verify whether they include the definition of
a stateless person and or provide legal safeguards against statelessness; The review
should also encompass review of former nationality laws to explore whether they may
have generated statelessness situations that have not been addressed by subsequent
laws and practices;
• Analyze the administrative Institutions so as to verify the existence of bodies having the
responsibility on stateless persons (identification, protection, etc.);
• Review of existing research and literature on statelessness/nationality in Bahamas
conducted by NGOs, research institutes, independent researchers, other UN Agencies,
etc.;
• Review of existing procedures for the identification of stateless persons and, if applicable,
of existing data;
• Analyze the data sources at the administrative level – population censuses, surveys, civil
registries, voters’ registries, health centers’ registries, or social services agencies’
registries – so as to verify whether they contain data on stateless persons;
• Existing procedures for the issuance of documents such as birth certificates, identity
certificates, voter’s cards, passport, permit of stay, etc.;
• Birth registration statistics, policy and practices (including towards specific categories, e.g.
children born out of wedlock, orphans, foundling children, foreigners, migrants, refugees,
asylum seekers and nomadic populations) which could have an impact on the risk of
statelessness;
• Identification of key actors (individuals, organizations, Institutions, etc.) to involve in the
different phases of the research, starting from the work planning;
• Legal resources, including actors providing legal services – if applicable, and existing
procedures for stateless persons and persons at risk of statelessness to obtain a proof of
their nationality;
3.2 Qualitative and Quantitative data collection through field work:
Data collection will use a combination of qualitative and quantitative methods, including amongst other:
• Key information interviews, i.e. those who can provide an accurate and important
perspective of the setting and context, example: traditional leaders, orphanage, and
NGOs, etc.
• Focus groups discussions, preferably formed on the basis of common characteristics (ex,
age, gender, etc.). Sampling methods should be developed to ensure that groups/persons
interviewed are identified in a way to ensure that they are as representative as possible of
the large groups of concern.
• Semi-structured interviews with individuals. Such interviews should enable the researcher
to better capture an individual’s full story, gather quotes and where consent is given also
take photos. The researcher will include in the main report a summary, boxes surrounded
by black borders; and highlighting the most illustrative testimonies/stories.
• Quantitative sampling methods to provide results with the validity and reliability needed when advocating for government action on the basis of the evidence.**
The Consultant (s) will provide a methodology that will also consider the following:
• A detailed work plan, a timeframe for the activities and a budget thereof;
• Initiatives to ensure the engagement of key actors for the achievement of the assessment ;
• Method for the recruitment of local consultants and interviewers (as well as their CVs);
• Method to identify the areas for the field study (in consultation with UNHCR): such areas
should include areas hosting populations potentially at risk of statelessness, including area
of residence of migrants and protracted refugee populations; minority groups; nomadic
populations; foundling children and abandoned children; border areas and/or disputed
areas; international entry points;
• The tools for the collection of data (questionnaires, etc.) reflecting the objectives of the
assessment which can be adapted to the context, including an explication guide for the use of the above instruments;
• Field manual;
• Sampling method for the identified population and number of persons to be interviewed;
• Method for collecting quantitative data
• Method for the data analysis;
• List of key actors to interview, including the relevant Ministries (Office of the Attorney General, Health, Education, The Bahamas Crisis Center, Government officials from The Bahamas Department of Immigration, Ambassador of the Republic of Haiti to The Bahamas)
etc.), Tribunals and Justice Courts, International Organizations – including FNUAP,
UNICEF, UNDP, IOM, UN Women and UNFPA – international and national NGOs for the
defence of human rights, Universities, orphanages/hostels, etc.
3.3 Ethical standards:
The Consultant(s) should provide a method for the treatment of the data collected, respecting the
principles of anonymity, informed consent and protection. The Consultant (s) should also sign and
adhere to the UNHCR Code of Conduct and data protection policy.
4. Draft and validation of the Comprehensive assessment**
The final report should be validated by UNHCR and, subsequently, by the key actors in the
framework of an atelier.
The final report should be written in English, not exceeding 50 single spaced pages, excluding annexes, using a template provided by UNHCR, “Statelessness: An Analytical framework for Prevention, Reduction and Protection”. UNHCR reserves the right to disseminate (or not to disseminate) the findings of the final report.
5. Reference documents**
In the framework of the Comprehensive assessment , the Consultant(s) should take into account, inter alia, the documents
Quick guides: Researching statelessness, UNHCR, March 2021, available at: https://www.refworld.org/pdfid/6054c9ca4.pdf
« Guidance document on measuring stateless populations » UN High Commissioner for Refugees
(UNHCR), Guidance document on measuring stateless populations, May 2011, available at:
http://www.refworld.org/docid/4f6887672.html; UNHCR Guidelines “Statelessness: An Analytical
Framework for Prevention, reduction and Protection”.
6. Expected products**
• A preliminary report including the work plan, a detailed methodology, the tools for data
collecting for the development of the mission, and the results for the documentary review;
• The draft report of the assessment;
• The report of the validation workshop.
• The report, finalized in consultation of UNHCR, and its annexes;
All the following products should be available to UNHCR and shall be property of UNHCR.
7. Progress report**
UNHCR and the Consultant(s) will agree upon reporting methods and timing in order to ensure
that UNHCR is regularly informed on the development of the Assessment;
8. Definition of the final products
• The final report (or extractions) of the assessment may be shared with the Ministry of Home Affairs; and
• The validation workshop with key actors is organized by UNHCR and the assessment is also finally approved by UNHCR.
Essential minimum qualifications and professional experience required
The ideal candidate will be required to have:
· Ph.D. or Advanced university degree (Master or equivalent) in law and/or international human rights.
· Previous experience in complex legal questions relating to nationality laws, including
analysis of conflicts of laws;
· At least 8 years’ research experience in the area of human rights law, nationality,
and statelessness.
· Experience in collecting, editing and analyzing survey data;
· Sound knowledge of common law, legal and policy frameworks.
· Good understanding of the statelessness concepts.
· Ability to mainstream anthropological, sociological and historical analysis into the assessment on questions on nationality and statelessness.
· Excellent interpersonal, negotiation and communication skills.
· Excellent analytical and drafting skills; and
· Knowledge of spoken and written French is highly desirable.
Key Competencies:
• Demonstrated project management skills in a relevant area of work
• Excellent knowledge of English and working knowledge of another UN language will be
an advantage
• Excellent interpersonal and communication skills for a multi-cultural environment,
including demonstrated competency in writing documents.**
Location
The successful candidate will be based in the Bahamas.
Conditions
The Project starts in October and it is for 8 months.**
To apply
Interested applicants should submit to the following e-mail address usaadm@unhcr.org an updated and signed Personal History Form (PHF), indicating “Statelessness Comprehensive Assessment – The Bahamas” in the subject of the email. The PHF forms are available at www.unhcr.org/recruit/p11new.doc.**
The UNHCR workforce consists of many diverse nationalities, cultures, languages and opinions. UNHCR seeks to sustain and strengthen this diversity to ensure equal opportunities as well as an inclusive working environment for its entire workforce. Applications are encouraged from all qualified candidates without distinction on grounds of race, colour, sex, national origin, age, religion, disability, sexual orientation and gender identity. Please note that UNHCR does not charge a fee at any stage of its recruitment process (application, interview, meeting, travelling, processing, training or any other fees).
Closing date: 20 September 2021
[1] UNHCR Global Trends Report, June 2021
[2] Art. 1 (1) of the Convention on Stateless Persons of 1954. According to the International Law Commission this definition is also part of customary international law. See: The International Law Commission, Articles on Diplomatic Protection with Commentaries, 2006.
[3] UNHCR. Handbook, at para. 11.
[4] UNHCR, Global Action Plan to End Statelessness (2014-2024), November 2014.
[5] Id., at page 5.
[6] UNHCR, Background Note on Gender Equality, Nationality Laws and Statelessness 2021. Available at: https://www.refworld.org/docid/604257d34.html
How to apply
To apply
Interested applicants should submit to the following e-mail address usaadm@unhcr.org an updated and signed Personal History Form (PHF), indicating “Statelessness Comprehensive Assessment – The Bahamas” in the subject of the email. The PHF forms are available at www.unhcr.org/recruit/p11new.doc.**
The UNHCR workforce consists of many diverse nationalities, cultures, languages and opinions. UNHCR seeks to sustain and strengthen this diversity to ensure equal opportunities as well as an inclusive working environment for its entire workforce. Applications are encouraged from all qualified candidates without distinction on grounds of race, colour, sex, national origin, age, religion, disability, sexual orientation and gender identity. Please note that UNHCR does not charge a fee at any stage of its recruitment process (application, interview, meeting, travelling, processing, training or any other fees).
Closing date: 20 September 2021