Regional Consultant to conduct a review of Burkina Faso legislation relevant to counter terrorism, cybersecurity and digital forensics

The Terrorism Prevention Branch in the UNODC Regional Office for West and Central Africa (ROSEN) is one of the main providers of counter-terrorism technical assistance to the United Nations in the criminal justice field.

     The technical assistance activities of the Terrorism Prevention Branch are aimed at strengthening the legal regime and criminal justice capacity to counter terrorism. It does this by providing legal advice to States on becoming parties to the universal legal instruments relating to terrorism, by helping them to incorporate the provisions of the instruments into national legislation, and by providing capacity-building support to actors in the criminal justice system.

     The benefits of digital technologies are undeniable but their misuse by malicious non-state actors pose a risk to international security. Indeed, terrorists and their supporters make use of electronic devices for their internal and external communications and for the planning and implementation of their heinous activities.

     Pursuant to the United Nations Global Counter-Terrorism Strategy (A/RES/60/288) of September 2006, Member States undertook to work with the United Nations to explore ways and means to coordinate efforts at the international and regional levels to counter terrorism in all its forms and manifestations on the Internet, and in particular, to counter the use of the Internet as a tool for the spread of terrorism.

     Burkina Faso is now heavily hit by terrorist attacks, its security situation has deteriorated rapidly since the first terrorist attack in 2015, with violent non-state actors, including home-grown and trans-border terrorist groups, and community-based self-defense militias, perpetrating repeated attacks against civilians as well as on security forces. The country has taken several measures to respond to the aggravated security situation and implemented judicial responses to terrorism with the establishment of specialized judicial units, supported by UNODC, and the adoption of major revisions to its criminal justice legislation in 2019. UNODC also supported the establishment of the counter terrorism specialised investigative unit (Brigade Spécialisée d’Investigations Anti-Terroriste – BSIAT). More than 150 criminal justice stakeholders have been involved in UNODC capacity building trainings on the investigation, prosecution, and adjudication of terrorism cases, including international cooperation, between January 2018 and June 2021.

     Authorities of Burkina Faso have identified cyber security and digital forensics as areas of priority, in particular in the context of their counter terrorism efforts. This requires dedicated facilities, infrastructures and expertise in the areas of cyber security, digital forensics and counter terrorism, in particular with law enforcement and judicial counterparts

     In an assessment conducted by UNODC in 2018, it was identified that the country was lacking a set of procedural rules on preserving, obtaining and using digital evidence in Courts, as well as legal definitions of the roles of different actors.

     The project “Strengthening the capacities of officials from Burkina Faso regarding cybersecurity and digital forensics for counter-terrorism in the COVID-19 era” intends to enhance the technical resources, methodologies and skills necessary for the creation and sustainable operation of a law enforcement and criminal system response dedicated to special investigative techniques needed to investigate and prosecute terrorist criminal cases using digital evidence.

     This consultancy on legislative assessment is part of a project implemented by UNODC.

Conduct a review of Burkina Faso legislation relevant to counter terrorism, cybersecurity and digital forensics, to set out strengths and further needs on digital forensics and digital evidence, as well as to make sure that the Digital Lab can most effectively support counter terrorism efforts in the current legislative and institutional set up.

1. Specific tasks to be performed by the consultant:

The consultancy should review should i.a. identify more in detail:

• how incriminations related to cybercrime and terrorism are mutually relevant;
• how relevant provisions in criminal procedure laws on the production, keeping and admissibility of forensic information and other evidence gathered online can serve counter terrorism investigations and prosecutions;
• how to address the use of investigative and special investigative techniques in the context of countering terrorism threats involving the internet;
• how to involve internet providers, either nationally and internationally;
• articulate how the specialized counter terrorism entities should interact with the newly proposed cybersecurity forces;
• formulate recommendations on how to improve the existing legislative framework.

Expected tangible and measurable results / deliverables:

By the end of the contract, the consultant will have:

1. Developed survey questionnaires for his field missions covering provisions in criminal procedure laws on the production, keeping and admissibility of forensic information and other evidence gathered online can serve counter terrorism investigations and prosecutions;
2. Carried out 2 field missions in the Burkina Faso (COVID permitting);
3. Provided a written report on Burkina Faso legislation relevant to counter terrorism, cybersecurity and digital forensics,
4. Conducted a meeting for the presentation of the conclusions and recommendations coming out of the legislative review.

Project duration: the project will last 40 days over a period of 2 months, between 1 November and 31 December 2021.

• An advanced university (Master’s degree or equivalent) in the fields of law, social sciences, political science, international relations, public administration or related fields of criminal justice, is required;
• At least 7 years of work experience in the area of counter terrorism, serious organized crime, cyber and digital security or closely related areas, is required;
• Knowledge of UNODC mandates and activities, criminal justice procedures, as well as global counter-terrorism agenda and efforts, especially the universal legal instruments against terrorism, is required;
• Experience in conducting policy and strategy evaluations is required;
• Fluency in French and excellent writing skills are required;
• Strong planning and organisational skills; strong communication skills are required;
• Experience working with a United Nations agency is an asset.

Diploma : An advanced university (Master’s degree or equivalent)

Experiences: 

• An advanced university (Master’s degree or equivalent) in the fields of law, social sciences, political science, international relations, public administration or related fields of criminal justice, is required;

• At least 7 years of work experience with counter terrorism legal instruments, serious organized crime or closely related areas, is required;
• Knowledge of UNODC mandates and activities as well as global counter-terrorism agenda and efforts, especially the universal legal instruments against terrorism, is required;
• Experience in conducting policy and strategy evaluations is required;
• Strong planning and organisational skills; strong communication skills are required;
• Experience in working with a United Nations agency is an asset

Languages: Fluency in French and excellent writing skills are required