PIAC – Protection – IHL Consultancy

Terms of Reference

Legal Specialist (IHL)

UNHCR/IDP Section-Field Protection Service – Division of International Protection (DIP)

UNHCR, the UN Refugee Agency, is offering this consultancy within the Field Protection Service in the Division of International Protection in our Geneva Headquarters in Switzerland.

UNHCR is a global organization 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 : Legal Specialist (IHL)

Duty Station : Home-Based

Duration : 3 months

Contract Type : Individual Consultancy

Start date : ASAP

Closing Date : 24 October 2021

Organisational context

Refugees and internally displaced persons increasingly find themselves caught up in, or in proximity of armed conflicts, putting them and the humanitarian agencies working for them at great risk. To operate more effectively in this environment, UNHCR is enhancing its workforce’s knowledge of IHL and develop skills in such areas as humanitarian negotiations, protection and conflict analyses, and civil-military coordination. When the situation requires, UNHCR must be able to organize or take part in humanitarian evacuations, work to maintain or restore the civilian and humanitarian character of sites hosting displaced populations or operate in so-called “safe zones”.

As a protection agency, UNHCR is also building the capacity of its workforce to better understand the various weapon bearers and actors involved in armed conflicts – their interests, their motivations, how they operate, how they can help, or even hinder, humanitarian action – and to engage with them in a principled yet pragmatic manner to enhance the protection of displaced populations. Finally, there is a need to understand UNHCR’s role in UN prevention activities and how we can work with other UN agencies, including UN peacekeepers, for the protection of civilians.

In order to achieve the above objectives, the Internal Displacement section in DIP developed a toolkit on Protection in armed conflict (PiAC) and is currently finalizing in coordination with the GLDC an e-Learning Module on Protection in Armed Conflict (ongoing), as part of the UNHCR Certification Programme on International Protection (CP-IP) as well as a Training Workshop on Protection in Armed Conflict (part of the training package already developed and rolled out).

The PIAC toolkit is comprised of 9 modules:

1-Making better use of international Humanitarian Law in UNHCR Protection

2- Protection of civilians in armed conflict: the role of UNHCR

3- People at heightened risks during conflict

4- Engaging with weapon bearers to achieve protection outcomes

5- The civilian and humanitarian character of sites and settlements

6- Humanitarian evacuation

7- Humanitarian Due diligence

8- Monitoring, Documenting and reporting on violations

9- Protected zones

Following the initial roll out of the toolkit and discussions with relevant staff and protection cluster coordinators, UNHCR has received positive feedback in addition to requests to expand the scope of the toolkit and to share it with a broader audience.

The position

The Legal Specialist (IHL) will support the IDP Section in reviewing and updating the toolkit and expanding its focus to additional areas in 4 new modules:

1-Mine Action/Explosive ordnance risk education: As member of the Interagency coordination group on Mine Action and the Explosive ordnance risk education advisory group, UNHCR advocates for the promotion of a total ban on antipersonnel landmines, the elimination of weapons that have indiscriminate effects, the development of legal instruments in relation to explosive remnants of war (ERW) and protection of persons of concern, particularly women and children affected by armed conflict. UNHCR’s efforts on protection and assistance for the world’s forcibly displaced (refugees and IDPs) relies upon success in advancing the UN Mine Action Strategy. In this module, it would be also important to highlight the vital role of Explosive Ordnance and Risk Education (EORE) to allow those returning to mine contaminated areas to make informed choices for safe returns.

2-Durable solutions: UNHCR’s priority remains the safe and sustainable return of refugees, IDPs and other persons of concern. As articulated in principle 28 of the Guiding Principles on Internal Displacement, IDPs have the right to a durable solution and often need assistance in their efforts. Guiding Principles 28-30 set out the rights of IDPs to durable solutions, the responsibilities of national authorities, and the role of humanitarian and development actors to assist durable solutions. This module will focus on how UNHCR and other humanitarian actors should strategically and operationally plan regarding durable solutions since the onset of a crisis-inter alia- in their contingency and response plans.

3-Preventing Arbitrary displacement

This module will define arbitrary displacement versus forced displacement/evacuation, and will highlight the obligation of States, not only to include a prohibition of arbitrary displacement in national legislation and to criminalize it but also to prevent it across the displacement cycle. For UNHCR, it would be of particular relevance to focus on the prevention of such displacement in the situations of camp closures, relocations and return process.

4-Humanitarian negotiation:

During armed conflict, UNHCR and humanitarian actors find themselves engaged in negotiation processes seeking to reconcile differences in perspectives, positions and/or interests for the purposes of ensuring the provision of protection and humanitarian assistance to vulnerable populations; preserving humanitarian space; and promoting better respect for international law.

The module is intended to familiarize UNHCR and humanitarian staff with the fundamental concepts related to humanitarian negotiation (such as interdependence, leverage and power, bottom lines, red lines, compromise…) and good practices during armed conflict.

The Legal consultant will also support the Snr Legal officer (IHL) to prepare for the official launch of the e-Learning Module on Protection in Armed Conflict and finalizing the facilitators’ guidance, document and materials drafted for PIAC related workshops and trainings.

Duties and responsibilities

Under the direct supervision of the Snr Legal officer (IHL), the incumbent will be responsible for:

· Updating the Toolkit and drafting the 4 additional Modules mentioned above.

· Sharing observations and comments on the e-Learning Module on Protection in Armed Conflict before its official launch.

· Support the Snr Legal officer (IHL) in finalizing the facilitators’ guidance, documents and materials to be utilized in the upcoming trainings, Workshops, including scenarios development, group exercises and any other design related material (Part of this has already been developed).

· Undertake other duties as required

Monitoring and Progress Controls

· Successful validation of the updated toolkit by the Snr Management after consultation with a reference group for the new modules

· Finalization of the facilitators ‘guidance in consultation with the Global Learning Development Center (GLDC)

· Finalization of the training materials and testing them during upcoming workshops

· Successful launch of the PIAC E-learning

· Performance will be monitored through weekly updates and scheduled performance reviews.

Essential minimum qualifications and professional experience required

Education:

University degree in law or international relations preferably with specialization in international humanitarian law with minimum 6 years of related experience.

Experience:

Ø Minimum 6 years of previous experience working in a humanitarian context.

Ø Demonstrated work experience in the humanitarian, IHL and/or Protection of civilians related matters.

Ø Experience as a training facilitator is highly recommended.

Ø Previous work experience with UNHCR is desirable.

COMPETENCIES:

Key Competencies:

Excellent computer skills: advanced MS Word and Excel {including pivot table/chart analysis) is essential.

Ø Excellent analytical and drafting skills: advanced data analysis skills including the capacity to collect and analyse qualitative and quantitative data from various sources to produce meaningful analysis and to draft training modules and case studies.

Ø Demonstrated organizational skills: the ability to work independently and productively in a fast-paced environment.

Ø Flexible work attitude: the ability to work productively, independently, and to handle requests or issues as they arise.

Ø Excellent interpersonal and communication skills: the ability to successfully and effectively communicate with people in a multi-cultural environment.

Languages

Ø Excellent knowledge of English is required.

Ø Good working knowledge of French, Spanish or another UN language desirable.

Location

The successful candidate will be home-based. The consultant might be expected to undertake at least one travel to Geneva. All proposed travel will be regulated by Institutional Guidance on Travel Restriction in the context of Covid-19.

Conditions

This contract runs for 3 months. UNHCR is looking for someone who can start by 15 November 2021. It concerns a full-time contract (40 hours per week) and will receive a monthly payment.