Back Strengthening Integrated Transitional Justice Approaches Consultant

Context and Core Functions / Responsibilities

In the past 50 years, Iraq has gone through several successive periods of mass crimes and destruction, involving period of Baathist rule, foreign invasion, and sectarian atrocities with ISIS marking an acutely extreme case. The process of rebuilding social cohesion of communities torn apart by decades of violence and murderous ideologies faces many obstacles. Communities belonging to different ethnic and religious groups have repeatedly highlighted that their grievances remain inadequately addressed. Many have also highlighted that there is a lack of genuine government engagement in building systemic, rights-based guarantees for non-repetition of crime. These entrenched perceptions are often seen as a key factor of perpetuation of violence in Iraq, undermining the transition to a peaceful, prosperous and inclusive society.

Since the start of the ISIS crisis in 2014, Iraqi authorities have been proactive in developing a number of policies and actions to restore security and rule of law, address the effects of ISIS crimes and material destruction, and to resolve displacement related vulnerability among the Iraqi population. In early stages of the conflict, these efforts included robust engagement of the security apparatus, lifesaving operations and delivery of lifesaving humanitarian assistance to displaced populations. Upon military defeat of ISIS in 2017, Iraqi authorities have been increasingly focused on supporting the process of resolving displacement-related vulnerabilities, supporting durable solutions, strengthening social cohesion and stability in affected areas. Almost all interventions have been coordinated with, and/or supported by the United Nations (UN) and other international partners.

The government in Iraq is engaged in multiple prongs of action and policies’ development and implementation relevant to transitional justice for ISIS crimes with active involvement of executive and judicial authorities. Relevant initiatives includes those centered on resolving displacement, such as the National Plan to Resolve Displacement in Iraq with the corresponding 2023 Roadmap developed by GoI and UN jointly; the process of repatriation of Iraqis from North East Syria and their subsequent reconciliation and reintegration in society; prosecutions against ISIS members and affiliated individuals based on the Anti-Terrorism Law and the development of legislative initiative for creating national mechanism for the prosecution of ISIS members for Genocide and Crimes against Humanity; provision of reparations through the Yazidi Survivors Law and Law 20 Compensation Scheme and of the development of the Agreement for Restoring Stability and Normalizing Conditions in the Sinjar District (here the Sinjar Agreement). In parallel to these government efforts, in all governorates affected by ISIS crimes, local tribal and community actors have also been actively engaged to varying extents in the process of rebuilding communal peace and reconciliation.

Despite the clear government commitment to respond to community grievances and address above policies and communal reconciliation processes, significant challenges remain. At the national policy level, a key challenge remains the lack of integrated strategic guidance from the national authorities, which would include effective government planning, coordination, consultations and communication of the relevant transitional justice policies and actions, among all stakeholders, including local peacebuilding actors and communities with grievances. A strategic government coordination framework can strengthen coherence and effectiveness of individual measures, identify opportunities for improved synergies across various parts of the government and broader international communities response, as well as visibility of overall government efforts on national and subnational level necessary for changing the misconception of the communities on lack of government engagement in addressing their grievances’.

Based on its mandate to support Iraqi society to create conditions for stabilization and support the government of Iraq in implementing reform that support social, economic and political recovery, IOM Iraq has been providing technical support to institutions and civil society to facilitate development and implementation of several above policies and actions (with the exception of anti-terror prosecutions). IOM Iraq is a lead organization in the processes related to implementation of the Yazidi Survivors Law, and one of the lead organizations in the process of resolving displacement-related vulnerabilities and supporting the return, reconciliation, and reintegration of Iraqis from north-east Syria.

Core Functions / Responsibilities

Under the overall supervision of the Chief of Mission in Iraq, the general supervision of the Head of the Peacebuilding and Stabilization Division (PSD), and the direct supervision of the Transitional Justice[AS1] [OS2] Officer, the incumbent will provide technical and operational support of IOM’s Transitional Justice Program. Specifically, they will:

1. Conduct in-depth desk and field research to map and analyze relevant policies and initiatives for advancing transitional justice mechanisms and principles from the government and civil society. This will include the mapping of key institutions, relevant local reconciliation mechanisms, national and sub-national coordination platforms and other entities in charge for advancing any aspects of transitional justice in Iraq.
2. Provide technical guidance on strengthening coordination, coherence and ownership among the government stakeholders in transitional justice efforts. Identify pathways to strengthen government engagement with communities and support the meaningful participation of affected populations in all processes relevant for achieving the objectives of transitional justice.
3. Support in identifying and mapping the linkages between transitional justice frameworks across various workstreams under IOM’s Peacebuilding and Stabilization Division and broader IOM Iraq work. Identify and begin the process of mainstreaming and optimizing efficiency of transitional justice framework across the various areas of work within PSD and IOM Iraq, and in line with technical program areas plans and objectives.
4. Provide technical guidance to IOM in preparation and execution of both internal and external meetings, consultations and briefings related to intersection of above processes and transitional justice.
5. Technical support in creating context specific advocacy and outreach tools and initiatives related to stakeholders’ awareness on key principles of transitional justice, e.g. victims’ participation, equal inclusion of men and women, age sensitivity, etc.

Tangible and measurable outputs of the work assignment (with realistic delivery dates)

The consultant will produce following deliverables:

1. Conduct a desk review and interviews with key stakeholders in Iraq [3 weeks after signing the contract]
2. Consultations with IOM programs relevant for advancing transitional justice (PSD -Transitonal Justice, PSD- Tribal Engagement, PSD – Legal Assistance, PSD -Community Policing, PSD – Social Cohesion, PSD – PVE, Transition and Recovery Division among others) on lessons learned and gaps in engaging on design and implementation of governement policies and initiatives in relation to addressing the crimes and within Peacebuilding draft methodology for three planned assessments on Law 20 compensation process in Anbar, Salahadin and Sinjar, and conducting a closed debriefing with heads of relevant PSD progras [4 weeks from signing the contract]
3. Inception report with collation and analysis of the ongoing government and civil society initiatives relevant for advancing transitional justice in Iraq, with focus on lessons learned and gaps in their coordination and coherence, with recommendations. [6 weeks after signing the contract]
4. A 6 month plan of action for the process of engagement with key governement entities governing specific initaitaives and actions regarding addressing legacy of ISIS crimes, and other stakeholders, with aim to strenhtening the coordination and coherence in transitional justice response. [6 weeks after signing the contract]
5. Prepare and execute briefing for IOM Iraq management on opportunities for streamlining transitional justice approaches in engaging with governement, in line with Humanitarian- Peace-Development Nexus and context specific considerations for MENA region. [8 weeks after signing the contract]
6. Technical support in preparing and executing meetings, workshops and trainings from the plan of action, including preparatory consutlations with key stakeholders, preparing agenda, handouts, technical facilitation of events [18 weeks from signing th contract]
7. Preparing the final report on the outcomes of the plan of action aimed at strenghtening coherence and coordination of efforts supporting transitional justice in Iraq, with recommendations on follow-up actions. [20 weeks]
8. Presentation of the final report to PSD management [22 weeks]

Performance indicators for the evaluation of results

• Satisfactory completion of tasks and deliverables indicated in this ToR.
• Initiative and consultation during completion of tasks.
• Fit for purpose nature of documents produced.

Required Qualifications and Experience:

Education, Experience and/or skills required

• Advanced degree in law or social sciences. [required]
• Minimum 20 years of experience in managing and/or supporting implementation of transitional justice initiatives for grave human rights violations or developing such programs; [required]
• Minimum 8 years of experience in working on transitional justice and peacebuilding initiatives in MENA region. [required]
• Experience in developing strategic frameworks for government engagement in transitional justice [required]
• Demonstrated experience in writing analytical reports; [required]
• Experience in working with vulnerable individuals and communities in post-conflict societies; [required]
• Proficiency in English and Arabic language is required, whicle knowledge of other local languages would be an asset.

Travel required: Yes

• Travel to Iraq Required (Baghdad, Ninewa and Kurdistan Region of Iraq). [AS3]

Languages:

• Full command of spoken and written English and understanding of Arabic language is desirable.

Competencies

Values

• Inclusion and respect for diversity: respects and promotes individual and cultural differences; encourages diversity and inclusion wherever possible.
• Integrity and transparency: maintains high ethical standards and acts in a manner consistent with organizational principles/rules and standards of conduct.
• Professionalism: demonstrates ability to work in a composed, competent and committed manner and exercises careful judgment in meeting day-to-day challenges.

Core Competencies – behavioral indicators

• Teamwork: develops and promotes effective collaboration within and across units to achieve shared goals and optimize results.
• Delivering results: produces and delivers quality results in a service-oriented and timely manner; is action-oriented and committed to achieving agreed outcomes.
• Managing and sharing knowledge: continuously seeks to learn, share knowledge and innovate.
• Accountability: takes ownership for achieving the Organization’s priorities and assumes responsibility for own action and delegated work.

Communication: encourages and contributes to clear and open communication; explains complex

Application

The application should include:

1. CV highlighting the consultant’s qualifications and relevant experience;
2. Two writing examples of similar reports authored under previous assignments;
3. A detailed workplan based on the deliverables listed in the TOR;
4. Two references who can be contacted if the application proceeds to the final selection stage;
5. Detailed financial proposal including all costs (expert fee, travel cost (round trip to Iraq), data collection and analysis cost…etc… in a separate PDF file.

[AS1]Please advise who will be direct supervisor?

Please note only a PM with IOM contract can approve IOM consultancy deliverables and timesheets and can supervise a consultant

[OS2]I changed the supervisor given my upcoming rotation. Yes, the supervisor has IOM staff contract.

[AS3]Please provide the exact locations where the consultant is required to travel for visa processing.