MONUSCO: Legal Officer – Kinshasa

Organization Mission

MONUSCO/MONUC was established in 1999 under the auspices of the UN Department of Peacekeeping Operations (DPKO). SCR 2277 (2016) requests MONUSCO to support efforts of the Government of DRC towards the protection of civilians, through a comprehensive approach involving all components of MONUSCO, including through reduction of the threat posed by Congolese and foreign armed groups and of violence against civilians, including sexual and gender-based violence and violence against children to a level that can be effectively managed by the Congolese justice and security institutions; and to support Stabilization through the establishment of functional, professional, and accountable state institutions, including security and judicial institutions. The project aims at a better understanding of the most serious violations of human rights law and international humanitarian law in DRC and supports the leadership of the Mission through informed policy and decision making on future vetting of security forces through risk assessment and mitigation, joint planning for MONUSCO operations, as well as advocacy efforts.

Context

This United Nations Volunteer (UNV) assignment is located in the Legal Affairs Office (LAO) of the United Nations Organization Stabilization Mission in the Democratic Republic of Congo (MONUSCO), Kinshasa. LAO provides in-house legal counsel capacity, to including timely and effective advice, services and representation in respect of all aspects of the Mission’s mandate and activities. The UNV reports to a more senior Legal Officer or to the Senior Legal Officer as appropriate.

Key Responsibilities

• Assists in the preparation of or provides primarily French and English language legal opinions and advice on a wide range of legal issues affecting the Mission’s mandate and activities, including public international, private and administrative law matters, as well as issues of constitutional and other national law as they affect the Mission or the mandate.
• In particular, provides or assists in the provision of advice on: the interpretation of the Mission’s mandate, the legal status of the Mission and its members, including in areas such as privileges and immunities and Status of Forces Agreement; on legal aspects of the Mission’s operational activities, including the Mission’s rules of engagement and directives on the use of force and related guidelines, matters relating to international law, including international humanitarian law, international criminal law and the protection of civilians, as appropriate; on administrative, personnel and contractual matters, including issues relating to the accountability of personnel, procurement matters, third party claims, as well as legal questions involving the interpretation or application of UN regulations and rules.
• S/he also prepares or assists in the preparation and review of draft agreements, institutional and operational modalities, contracts, legal submissions and other legal documents and assists and participates in negotiations for the settlement of claims and disputes.
• Conducts legal research and analysis using multiple research sources and prepares or assists in the preparation of legal opinions, studies, briefs, background papers, reports, and correspondence;
• Performs other duties, as assigned.

Required Skills and Experience

A minimum of three (3) years of professional experience in law, including legal analysis, research and writing is required. Experience in the fields of privileges and immunities, international humanitarian law, administrative law, arbitration, commercial law, and contract law is desirable. Experience working in an office with primary responsibility for drafting French language legal documents is required.

Core Competencies

The UNV shall exhibit the following 4 values: Inclusion, Integrity, Humility and Humanity.

Additional, S/He shall possess the following competencies:
• Professionalism
• Planning and Organizing
• Client Orientation

Living Conditions

The Democratic Republic of Congo is the second largest country in Africa, and as a result is quite diverse.

Living conditions therefore vary between MONUSCO duty stations, with all usual amenities present in the capital Kinshasa, but only very basic conditions in remote duty stations in the provinces, where, for instance, there may be no guarantee of public power supply nor running water. The ability to live and work in difficult and harsh conditions of developing countries is essential.

Accommodation is very expensive in both Kinshasa and Lubumbashi. Supermarkets exist in the large towns (e.g. Bukavu, Kisangani), but consumer items are generally very expensive (as everything is imported). For food, local markets offer a much cheaper alternative.

All MONUSCO duty stations are considered non-family duty stations, except for Kinshasa, Lubumbashi and Entebbe which are now considered family duty stations, and most are currently under UN Security Phase III (“relocation phase”: internationally-recruited staff are temporarily concentrated or relocated to specified sites/locations). In addition to insecurity related to the relatively volatile political situation as well as various conflict situations, certain places are subject to increasing street and residential crime, including in Kinshasa and Goma.
Some degree of medical service is provided in all MONUSCO duty stations. Certain vaccinations are mandatory for MONUSCO personnel to enter the DRC, while others are compulsory for all other incoming persons. It is possible for incoming MONUSCO personnel, including UN Volunteers, to be asked to provide proof of some or all vaccinations, though this is unlikely. All UN Volunteers must ensure that they are up-to-date with all appropriate vaccinations, which should be clearly and properly endorsed in the International Certificate of Vaccination (“carte jaune”). Malaria is present virtually throughout the DRC, and it is therefore recommended to take prophylaxis.

The unit of currency is the Congolese Franc. The US dollar is the other preferred currency. It may be impossible to exchange traveller’s checks away from the capital city. Credit cards are usually accepted in major hotels only in Kinshasa. In larger towns and cities (e.g. Kinshasa, Goma, Bukavu, Kisangani), UN Volunteers are recommended to open US Dollar bank accounts, while in other places, banks may be absent (including ATMs) and VLA payments will be processed in cash. UN Volunteers have the possibility to send part of their allowances to a bank account abroad.

In addition to French, there are four major spoken languages in DRC, namely Lingala, Kikongo, Tshiluba and Swahili.