West Africa, and especially the Sahel region, currently faces many interconnected challenges related to poverty, climate change, rapid population growth, as well as severe threats to the national and regional stability posed by human rights violations, terrorism and transnational organized crime. Political instability in the region and the humanitarian crises and human rights situation have made populations more vulnerable and pushed people to migrate in order to protect themselves and meet their basic needs. In parallel, limited opportunities for accessible regular channels for migration and porous borders as well as limited capacities, legal frameworks and resources to combat smuggling of migrants (SOM) have enabled organized criminal groups to develop networks to smuggle migrants through West and North Africa to Europe, often exposing migrants to severe abuses, human rights violations, and risks to their life.   

One of the main challenges that hinders efficient responses to enhance the protection of the rights of migrants and to combat organized criminal networks is the fact that legal frameworks in many countries in West Africa are not compliant with international instruments related to smuggling of migrants or to human rights. Efforts aiming at enhancing the capacities of law enforcement officers to detect and investigate smuggling networks, need to be supported by formal judicial cooperation such as through facilitating mutual legal assistance and extradition procedures between countries of origin/transit of smuggling and the countries of destination in Europe.

In order to respond to this situation, UNODC and OHCHR developed a joint project “PROMIS - Protection of Migrants: Justice, Human Rights and Migrant Smuggling” to strengthen the capacities of West African states to develop a human rights-based response to smuggling of migrants and to effectively respond to human rights violations related to irregular migration”, funded by the Kingdom of the Netherlands. The geographical coverage of the project includes Burkina Faso, Chad, Côte d’Ivoire, The Gambia, Mali, Niger, and Senegal.

UNODC Regional Office for West and Central Africa (ROSEN) requires the services of a consultant (legal expert) to support the implementation of the legal component of the project with specific actions related to providing technical support in prosecuting, adjudicating and condemning smuggling of migrants and trafficking in persons cases.

The position is located at UNODC Regional Office for West and Central Africa, in Dakar, Senegal. The Legal Expert will work under the direct supervision of the Programme Coordinator (Trafficking in Persons and Smuggling of Migrants) based in Dakar, in close cooperation with other Project staff and the Head of the Law Enforcement Section, as well as under the overall guidance of the UNODC Regional Representative, ROSEN.

The Legal Expert assigned to the project team will be tasked to design and prepare tools and materials on smuggling of migrants and trafficking in persons to support the unit in delivering technical assistance activities on TIP&SOM. In addition, the Legal Expert will also deliver technical trainings on legal aspects to strengthen the national capacities of legal drafters, criminal justice actors and law enforcement officers under the PROMIS project to effectively prosecute migrant smuggling.

The consultant will support the project XAW/W36 “Strengthening the capacities of West African states to develop a human rights-based response to smuggling of migrants and trafficking in persons and to effectively respond to human rights violations related to irregular migration”, with a specific focus on assessing and strengthening national legal and policy frameworks on smuggling of migrants and trafficking in persons through parliamentary sensitization, legal drafting and capacity building for judiciary.

The Consultant will promote the work of UNODC against trafficking in persons and smuggling of migrants in West and Central Africa within the overall framework of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and the Protocol against the Smuggling of Migrants by Land, Sea and Air, both supplementing the United Nations Convention against Transnational Organized Crime, as well as support the implementation of UNODC’s Regional Strategy for Combating Trafficking in Persons and Smuggling of Migrants in West and Central Africa.

Within the framework of this assignment, the consultant will be required to deliver the following specific outputs:

• Prepare model presentations and material on legal aspects related to smuggling of migrants and trafficking in persons to be used by the TIP&SOM unit, and provide trainings to the unit on these tools and on different aspects related to TIP&SOM in the region;
• Provide support to the programme coordinator on programme management tasks, such as drafting proposals, background notes, reports and substantive documents on TIP&SOM;

Deliver effective substantive and technical assistance through the delivery of training to national counterparts in the five (7) beneficiary countries and other countries covered by the UNODC Regional Office, upon request, on legal aspects related to countering smuggling of migrants and trafficking in persons; 

Deliverable A

• Provide a sensitization session for parliamentarians in The Gambia  for the enactment of the draft Bill against Smuggling of Migrants 2019;
• Throughout the entire duration of the contract provide inputs to background notes and substantive documents on trafficking in persons and migrant smuggling, especially in relation to substantive legal issues.

Output Working Days   11 WD

To be accomplished by (date) 30 November 2020

Percentage of payment   10%

Deliverable B

• Deliver a comprehensive training (method of delivery TBD) on international mechanisms of cooperation related to countering smuggling of migrants and trafficking in persons in The Gambia, and other countries in the region as required.
• Prepare modules adapted to the needs of the region on trafficking in persons and smuggling of migrants, to be used by the unit for training delivery, advocacy and sensitization events, including on the linkages between forced marriage and trafficking.
• Design and deliver in-house training on selected topics, trends and studies on TIP and SOM.

Output Working Days   21 WD

To be accomplished by (date) 31 December 2020

Percentage of payment   18%

Deliverable C

• Deliver a training workshop for diplomats as needed in the region (method of delivery TBD) related to trafficking in persons and migrant smuggling;
• Provide effective substantive and technical legal advice to national counterparts from beneficiary countries on building strong cases against TIP and SOM in West Africa.

Output Working Days   20 WD

To be accomplished by (date) 31 January 2021

Percentage of payment   17%

Deliverable D

• Designed and conduct training workshops on Building effectively a SOM case: preparing law enforcement agencies, and prosecutors

Output Working Days   20 WD

To be accomplished by (date) 28 February 2021

Percentage of payment   17%

Deliverable E

• Complete a mapping exercise of the legislation on TiP and SoM in all countries covered by the Regional Office (22 countries)
• Designed a training module: Train of Trainers session on in-depth investigative techniques for effective filing and prosecution, to be used and implemented in the region

Output Working Days   23 WD

To be accomplished by (date) 31 March 2021

Percentage of payment   19%

Deliverable F

• Design and deliver a training module on comparative Islamic law and its application in TIP and SOM cases

Output Working Days   22 WD

To be accomplished by (date) 30 April 2021

Percentage of payment   19%

Payments will be made upon satisfactory completion and/or submission of outputs/deliverables.

All the outputs should meet the satisfaction of the PROMIS Project Coordinator, as well as the UNODC ROSEN Regional Representative, according to the following criteria:

• Quality of the outputs submitted
• Technical competence
• Timeliness of the delivery 

Payments will be made upon satisfactory completion and/or submission of outputs/deliverables.

Corporate Competencies:

1. Demonstrates integrity by modeling the UN’s values and ethical standards;
2. Promotes the vision, mission, and strategic goals of UNODC;
3. Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;

Functional Competencies:

Professionalism: Substantive expertise in UNODC’s mandate areas, especially legal expertise on smuggling of migrants, trafficking in persons and other organized crime. Has knowledge of substantive and functional areas with very good research and analytical skills. Is able to identify and contribute to the solution of problems/issues. Shows pride in work and in achievements; demonstrates professional competence and mastery of subject matter; is conscientious and efficient in meeting commitments, observing deadlines and achieving results; is motivated by professional rather than personal concerns; shows persistence when faced with difficult problems or challenges; remains calm in stressful situations.

Teamwork: Good interpersonal skills and ability to establish and maintain effective partnerships and working relations in a multi-cultural environment with sensitivity and respect for diversity, including gender balance.

Communication: Ability to write in a clear and concise manner and communication effectively orally.

Academic requirements

• An advanced university degree (Master’s degree or equivalent) in law is required. Degrees in criminology, public administration or related field can be considered relevant in combination with relevant work experience.

Experience

• A minimum of ten years of relevant professional experience in crime prevention and criminal justice at national and international levels as well as experience in international criminal justice matters in required;
• Demonstrated experience in working on trafficking in persons and/or smuggling of migrants at gradually increasing levels of responsibility is required;
• Work experience in mentoring, training and supporting judicial actors in charge of countering organized crime is a strong asset, especially in delivering technical assistance and support to legal drafting;
• Work experience in Africa in the field of trafficking in persons/ smuggling of migrants, preferably in West, Central and/or North Africa, is an advantage.
• Demonstrated drafting skills.
• Excellent communication skills.

Languages

• For this position, fluency in English with proven drafting and communication skills, is required. Skills in French is an advantage. 

Criteria for selection 

An advanced university degree (Master’s degree or equivalent) in law is required. Degrees in criminology, public administration or related field can be considered relevant in combination with relevant work experience. 20%

A minimum of ten years of relevant professional experience in crime prevention and criminal justice at national and international levels as well as experience in international criminal justice matters in required; 30%

Demonstrated experience in working on trafficking in persons and/or smuggling of migrants at gradually increasing levels of responsibility is required; 25%

Work experience in mentoring, training and supporting judicial actors in charge of countering organized crime is a strong asset, especially in delivering technical assistance and support to legal drafting; Work experience in Africa in the field of trafficking in persons/ smuggling of migrants, preferably in West, Central and/or North Africa, is an advantage; Demonstrated drafting skills; Excellent communication skills. 15%

Fluency in English with proven drafting and communication skills 10%

CONFIDENTIALITY AND PROPRIETARY INTERESTS

The Individual Consultant shall not either during the term or after termination of the assignment, disclose any proprietary or confidential information related to the consultancy service without prior written consent. Proprietary interests on all materials and documents prepared by the consultants under the assignment shall become and remain properties of UNDP.

The term “All inclusive” implies that all costs (professional fees, travel costs, living allowances, communications, consummables, etc.) that could possibly be incurred by the Contractor are already factored into the final amounts submitted in the proposal

Applicants are invited to apply online at the following address http://jobs.undp.org, no later than December 02, 2020. NB: The system does not allow to join several files at the same time, the technical offer and the financial offer must be sent to the following address: senegal.procurement@undp.org