Hardship Level (not applicable for home-based)H (no hardship)
Family Type (not applicable for home-based)
Family
Staff Member / Affiliate TypeCONS Local
Target Start Date2023-09-04
Job Posting End DateAugust 13, 2023
Terms of ReferenceThis is a Home based Consultancy - The candidate will work from their country of residence.
Terms of Reference for Individual Contracts
(Individual Contractors, Consultants and Fellows)
(This work assignment description forms an integral part of the individual contract)
1. General Background of Project or Assignment:
UNHCR has long been working with governments and partners to ensure that immigration detention of asylum seekers and refugees be avoided and considered only as a measure of last resort in line with international refugee and human rights law and standards. Because seeking asylum is not unlawful, an individual’s status as an asylum seeker is not in and of itself a valid basis for detention. Instead, detention is an exceptional measure that can be justified only when it has been determined to be both necessary and proportionate on the individual case. Where detention is applied for a legitimate purpose, it needs to be provided for by law, based on an individual decision, be strictly necessary and proportional, timebound and regularly reviewed. Less restrictive or intrusive alternative measures should always be explored before authorising detention. Alternatives to detention, such as temporary movement restrictions, are generally preferable and possible in accelerated procedures, including border procedures, as per current practice in several States in Europe.
In 2014 UNHCR launched the 5-year Global Strategy Beyond Detention which had three main goals: 1. to end the detention of children; 2. to ensure that alternatives to detention are available in law and implemented in practice; and 3. to ensure that conditions of detention, where detention is necessary and unavoidable, meet international standards by, inter alia, securing access to places of immigration detention for UNHCR and/or its partners and carrying out regular monitoring. A wealth of policy positions, practical tools and training materials were developed and implemented in many countries to achieve concrete protection outcomes for refugees and asylum seekers.
Despite the positive outcomes and progress made, a number of challenges remain. The detention of asylum seekers and refugees continues to be systematically used in many countries in the context of immigration procedures, in some cases for prolonged or indefinite periods, and without adequate safeguards. The use of alternatives to detention remains limited. Further, the detention of children continues occurring despite the evidence of its devastating impact on children’s health and well-being, the developments in international law, the commitments and efforts to end this practice.
In many countries, there is no systematic screening of immigration detainees who may have international protection needs, including those who present specific needs related to their age, gender identity, disability or other relevant factors (e.g., health). Detention conditions remain inadequate in many cases. In addition, UNHCR is often denied systematic and unhindered access to asylum-seekers and refugees held in detention facilities, which prevents the identification of those seeking international protection and any assessment of the arbitrariness of detention or the monitoring of detention conditions.
UNHCR, in partnership with other UN agencies and NGOs, continues promoting and advocating for alternatives to detention, ending child detention and providing alternative care arrangements for children in the immigration context. As co-chair of the Working Group on Alternatives to Detention of the UN Network on Migration, together with UNICEF and IDC, UNHCR continues promoting positive practices, fostering a community of practices and peer learning among states and other stakeholders.
Within this context, UNHCR intends to provide additional advocacy and operational guidance to support bureaus and operations in advancing the work with governments and partners on ending child detention, promoting alternatives to detention, and addressing ongoing and emerging detention issues.
2. Occupational Safety and Health Considerations
To view occupational safety and health considerations for specific duty stations, please visit this link: https://wwwnc.cdc.gov/travel
Specific Occupational Safety and Health Considerations to this assignment (if applicable):
3. Overall Purpose and Scope of Assignment:
The objective of this consultancy is to assist UNHCR with the development of advocacy and operational guidance on ongoing and emerging issues related to immigration detention of asylum seekers and refugees that will support Regional Bureaus and operations.
The guidance will support UNHCR engagement and responses to promote and operationalize the international standards expressed in UNHCR’s 2012 Detention Guidelines in the face of specific challenges identified by Operations, take into account recent legislative and policy developments and jurisprudence, and identify opportunities to advance advocacy and achieve better protection outcomes for asylum seekers and refugees who are in detention or at risk of detention.
The guidance should be tailored to address specific challenges related to detention in the various regions that UNHCR has observed. For each the selected topics, it should address the following aspects:
- Current developments and trends based on current research on immigration detention,
- Existing international refugee and human rights law standards
- Soft law standards, recommendations and guidance issued by UN human rights treaty bodies and special procedures
- Relevant developments in jurisprudence of regional courts
- UNHCR’s recommended position on specific policy and operational challenges and issues
- Proposed avenues of action, e.g., advocacy, individual case interventions, engagement with specific human rights mechanisms, pro-bono legal support, judicial engagement, etc.
4. Duties and responsibilities
This consultancy is task-based. Under the direct supervision of the Senior Legal Officer in the UNHCR DIP/PPLA/Asylum and Migration Unit, the consultant will carry out the following tasks
- Map and analyse current policy developments and research on immigration detention building on UNHCR existing resources;
- Map and analyse legislative developments and soft law standards related to immigration detention, issued by UN human rights treaty bodies and special procedures and by regional mechanisms;
- Research and analyse recent jurisprudence of regional courts relevant to immigration detention;
- Propose a structure for the advocacy and operational guidance to address identified selected practical challenged and emerging issues in the context of UNHCR work towards ending detention of asylum seekers and refugees, especially children.
- Draft the advocacy and operational guidance and submit the first draft for comments.
- Review the first draft advocacy and operational guidance based on UNHCR comments.
- Develop the concept note for two online consultations with UNHCR staff across regions on the draft advocacy and operational guidance, a presentation of key issues and recommendations to inform the discussion, and a summary of the consultations.
- Finalise the advocacy and operational guidance building on the outcomes of the consultations.
5. Required level, qualifications and work experience:
Level of responsibilities required (mark as appropriate) for individual contractors and fellows:
0 Entry Level Support 0 Mid-Level Support 0 Senior Level Support 0 Local Professional Level 0 Junior Level Professional 0 Senior Level Professional
OR
1 The assignment is for an Individual Consultant
Qualification and experience required (degree required, years of work experience, field of expertise, language required):
Education
University degree in law, social science or related discipline, with preference for a specialization in international refugee law or international human rights law.
Experience
Minimum 5 years of experience working in the domain of international refugee law and/or international human rights law.
Advantageous requirements
Experience in developing legislative and policy guidance and recommendations
Experience in conducting research and legal analysis on issues related to immigration detention, including jurisprudence of regional courts
Documented results related to the position’s responsibilities.
Competencies
In-depth knowledge of refugee law and international human rights law relevant to immigration detention.
Excellent analytical skills, including the capacity to collect and analyse legal and policy documents and develop recommendations and guidance.
Demonstrated organisational skills: the ability to work independently and productively in a fast-paced environment.
Flexible work attitude: the ability to work productively, independently and to handle requests or issues as they arise.
Ability to work under pressure and meet tight deadlines.
Excellent drafting skills.
Excellent computer skills.
Languages
Excellent knowledge of English is required.
Advantageous requirements
Knowledge of other UN languages
4. Monitoring and Progress Controls (report requirements, periodicity, format, deadlines):
- The final product is advocacy and operational guidance on detention issues and it is expected to be around 30-35 pages
Delivery periodicity:
- - Deliverable 1: Detailed outline and mapping of legislative and policy references
- Deliverable 2: Draft 1 of the guidance
- Deliverable 3: Consultations (concept note, presentation, summary)
- Deliverable 4: Final guidance report on detention issues
- Work on the basis of time employed: Yes 0 No 1
- If it is to result in a written product specify:
i. Number of pages: 30/35 max
ii. Language(s): English
iii. Number of copies: 4 drafts
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Skills
Education
Certifications
Work Experience
Other informationThis position doesn't require a functional clearance