Hardship Level (not applicable for home-based)B
Family Type (not applicable for home-based)
Family
Staff Member / Affiliate TypeUNOPS LICA6
Target Start Date2024-07-04
Job Posting End DateJuly 22, 2024
Terms of Reference1. General Background
The UNHCR Operation in Kenya is dealing with a mixed refugee situation which includes refugees who have been in the country for decades (protracted refugee situation) and continued influx of new arrivals. At the same time, UNHCR facilitates solutions for refugees (voluntary repatriation, resettlement, and socio-economic inclusion). Refugees and Asylum seekers in Kenya are hosted in three locations – in Kakuma refugee camps and Kalobeyei Integrated Settlement which hosts 285,238 persons, Dadaab refugee camps which hosts 382,639 persons and in urban areas such as Nairobi and environs, which hosts 102,378 persons. Refugees and asylum-seekers are from a variety of nationalities and backgrounds. This position is focused on the urban refugee programme.
There are currently some 500 refugees in Kenya who have sought international protection based on an LGBTQI+ claim. There are of course others among the LGBTQI+ community who have sought asylum on other protection grounds. UNHCR continues to closely follow the situation of LGBTQI+ refugees in Kenya and makes every effort to ensure their individual protection needs are addressed.
The Refugees Act, 2021, which came into effect in February 2022, forms the foundation of the legislative framework for the protection of refugees in Kenya. The Act reaffirms the commitment by the Government of Kenya to offer protection to refugees in line with the 1951 UN Refugee Convention and the 1969 OAU Convention.
Refugee Regulations to guide the implementation of the Refugees Act, 2021 have been developed, and efforts are being made to ensure that the impact of provisions that may reduce protection space for LGBTIQ+ refugees, including the possibility of expulsion under Subsection 19(2), are minimized through the development of appropriate guidance in the Regulations.
Same-sex relations remain criminalized under the Kenyan Penal Code. The constitutionality of these provisions was brought to the High Court in May 2019, but the High Court declined to declare the provisions unconstitutional and an appeal to the Court of Appeal remains pending. In February 2023, the Supreme Court of Kenya delivered a landmark ruling ensuring the right to association for LGBTIQ+ organizations.
LGBTQI individuals encounter significant challenges in accessing economic opportunities in Kenya. These challenges are compounded by complexities and risks posed by the protection environment which include:
• Additional operational delays in issuing documentation and RSD decisions. Since 2020 the Refugee Affairs Secretaraiat , now the Department of Refugee Services has been reluctat to issue RSD decisions for LGBTQI+ individauls . This has negatively impacted in the access to services and durable solutions for LGBTQI+ individauls. UNHCR continues to advocate issuance of the RSD decisions.
• Discrimination and homophobia in Kenyan society limit LGBTQI+ persons of concerns’ access to legal, health, and economic services.
• Some members of the community have medical concerns that require specific access to medication, treatment and psychosocial support. Many LGBTQI+ individuals are survivors of GBV and require specialised psychosocial services.
• In 2014-19 resettlement of LGBTQI+ individuals was prioritised. One of the main challenges from this was the high expection of resettlement, thus managing their high and sometimes unrealistic expectations. It is therefore important to explain UNHCR procedures at RSD and Resettlement level, while also supporting them during this period to understand the challenges facing all refugees and asylum seekers in Kenya
Current interventions/priorities
• Mainstreaming LGBTQI+ refugees and other PSNs to the existing programs
• Inclusion in national services and organisations
• Livelihoods
• Protection support {including individual case management} and community based initiatives
• Durable solutions
2. Purpose and Scope of Assignment
Activities, tasks and responsibilities include:
• Liaise with key UNHCR partners to undertake regular monitoring exercises of the LGBTQI+ population to map protection, health, psychosocial, and other needs; and incorporate information into programming.
• Maintaining robust networks with LGBTQI+ refugee-led organizations to augment their capacities and harness community-based protection initiatives.
• Under the guidance of the Livelihoods Unit, oversee and provide direction on the implementation of LGBTQI+ livelihoods programmes, including mapping out external actors who exclusively programme for LGBTQI+ persons.
• Chairing the urban LGBTQI+ working group to ensure coordination and complementarity of assistance to LGBTQI+ refugees and asylum seekers by both implementing and operational partners.
• Identify, build, and maintain a network of partnerships with local, regional, and international actors and individuals that benefit the provision of services and information to LGBTQI+ persons of concern, including drafting memoranda of understanding to solidify and clarify relationships, where appropriate.
• Contribute to and undertake LGBTQI+ sensitization trainings for UNHCR, government, and partner staff on legal, procedural, and social issues related to LGBTQI+ individuals.
• In coordination with partner organizations and the Livelihoods and Protection Units, identify vulnerable and livelihoods specific LGBTQI+ cases, and follow up with the RSD Unit on strategic fast-tracking of cases for documentation/protection purposes.
• Undertake regular identification exercises of the urban caseload and update ProGres to maintain accurate data on the LGBTQI+ population.
• Identification and creation of safe spaces for LGBTQI+ persons of concern, e.g., Community centers and safe houses.
• Establish and oversee regular meetings between parties in key areas affecting the LGBTIQ refugee population.
• Undertake local (i.e., Nairobi area) and national (i.e., Dadaab and Kakuma) research missions to build a more comprehensive understanding of the LGBTQI+ refugee population, especially in regard to vulnerable groups that are not widely documented i.e., minors, trans*, intersex, Somali/Sudanese populations, etc.
• Assist in the management of the LGBTQI+ urban caseload by identifying, assessing, and referring highly vulnerable cases to relevant units/agencies and participating in BID panels for cases of LGBTIQ+ minors.
3. Monitoring and Progress Controls
• Document interactions with and actions taken for individual cases in individual files as appropriate, to permit a complete understanding of the individual’s situation by other colleagues dealing with the case
• Ensure an Age, Gender, Diversity (AGD) approach is taken across all programmatic levels to promote access by LGBTIQ persons to key services, and participate in reporting on PPAs to this effect
• Monitor new developments in the field and ensure timely dissemination of information to key parties (internal and external) including drafting reports/minutes
• Support with accurate data entry into proGres V4 to allow for updated statistics on the LGBTIQ+ community, keeping in mind data protection and confidentiality aspects.
4. Qualifications and Experience
a. Education (Level and area of required and/or preferred education)
3 years relevant experience with High School Diploma; or 2 years relevant work experience with Bachelor or equivalent or higher in Law, political science, international relations, gender studies, or another related field
b. Work Experience
Essential
• 3 years relevant experience with High School Diploma; or 2 years relevant work experience with Bachelor or equivalent or higher preferably in the area of human rights (including issues related to sexual and gender minorities), gender issues, refugee protection, or international humanitarian law.
Desirable
• Previous experience interacting with LGBTIQ persons in a professional context
• Experience in interacting with NGOs and other relevant actors in project coordination, as well as in providing training or coaching, guidance or advice to staff.
• Experience working on livelihoods/empowerment projects strongly desired
• Experience working with procedures and principles related to protection of refugees, asylum seekers, or IDPs (especially in GBV) strongly desired
• Experience in counselling asylum seekers or refugees strongly desired
c. Key Competencies
• Sound knowledge of SSOGI issues, especially in Kenya/East Africa.
• Knowledge of International Refugee Law and Human Rights Law and ability to apply the relevant legal principles
• Strong research and analytical skills
• Excellent oral and written communication skills; an ability to be diplomatic and level-headed.
• Excellent knowledge of English; Swahili or Luganda would be advantageous but are not required.
• Knowledge of internal UNHCR procedures related to RSD, resettlement, and protection strongly desired
Protection Associate
Organizational Setting and Work Relationships
The Protection Associate normally reports to the Protection Officer or the Senior Protection Officer. The incumbent monitors protection standards, operational procedures and practices in protection delivery in line with international standards and provides functional protection support to information management and programme staff.
The Protection Associate is expected to coordinate quality, timely and effective protection responses to the needs of populations of concern (PoC) and identify opportunities to mainstream protection methodologies and integrate protection safeguards in operational responses in all sectors. S/he contributes to designing a comprehensive protection strategy and liaises externally with authorities and partners on protection doctrine and policy as guided by the supervisor.
The Protection Associate also ensures that PoC are involved in making decisions that affect them, whether in accessing their rights or in identifying appropriate solutions to their problems. To achieve this, the incumbent will need to build and maintain effective interfaces with communities of concern, local authorities and protection and assistance partners.
All UNHCR staff members are accountable to perform their duties as reflected in their job description. They do so within their delegated authorities, in line with the regulatory framework of UNHCR which includes the UN Charter, UN Staff Regulations and Rules, UNHCR Policies and Administrative Instructions as well as relevant accountability frameworks. In addition, staff members are required to discharge their responsibilities in a manner consistent with the core, functional, cross-functional and managerial competencies and UNHCR's core values of professionalism, integrity and respect for diversity.
Duties
- Stay abreast of political, social, economic and cultural developments that have an impact on the protection environment.
- Consistently apply International and National Law and applicable UN/UNHCR and IASC policy, standards and codes of conduct.
- Assist in providing comments on existing and draft legislation related to PoC.
- Provide advice on protection issues to PoC; liaise with competent authorities to ensure the issuance of personal and other relevant documentation.
- Assist in conducting eligibility and status determination for PoC.
- Contribute to measures to identify, prevent and reduce statelessness.
- Contribute to a country-level child protection plan as part of the protection strategy.
- Contribute to a country-level education plan as part of the protection strategy.
- Monitor Standard Operating Procedures (SOPs) for all protection/solutions activities.
- Manage individual protection cases including those on GBV and child protection. Monitor, and intervene in cases of refoulement, expulsion and other protection incidents.
- Assist in identifying durable solutions for the largest possible number of PoC through voluntary repatriation, local integration and where appropriate, resettlement.
- Contribute to the design, implementation and evaluation of protection related AGD based programming with implementing and operational partners.
- Facilitate effective information management through the provision of disaggregated data on PoC and their problems.
- Participate in initiatives to capacitate authorities, relevant institutions and NGOs to strengthen national protection related legislation and procedures.
- Assist the supervisor in prioritizing PoC for interview, counselling and propose protection support for individual cases.
- Assist the supervisor with enforcing compliance of local implementing partners with global protection policies and standards of professional integrity in the delivery of protection services.
- Assit the supervisor with enforcing compliance with, and integrity of, all protection standard operating procedures.
- Submit individual payments request for PoC for approval.
- Support the identification and management of risks and seek to seize opportunities impacting objectives in the area of responsibility. Ensure decision making in risk based in the functional area of work. Raise risks, issues and concerns to a supervisor or to relevant functional colleague(s).
- Perform other related duties as required.
Minimum Qualifications
Education & Professional Work Experience
Years of Experience / Degree Level
For G6 - 3 years relevant experience with High School Diploma; or 2 years relevant work experience with Bachelor or equivalent or higher
Field(s) of Education
Not applicable
Certificates and/or Licenses
International Law, Political Science
or other related field
(Certificates and Licenses marked with an asterisk* are essential)
Relevant Job Experience
Essential
Not specified
Desirable
Protection Learning Programme
Functional Skills
IT-Computer Literacy
PR-Refugee Protection Principles and Framework
PR-Protection-related guidelines, standards and indicators
(Functional Skills marked with an asterisk* are essential)
Language Requirements
For International Professional and Field Service jobs: Knowledge of English and UN working language of the duty station if not English.
For National Professional jobs: Knowledge of English and UN working language of the duty station if not English and local language.
For General Service jobs: Knowledge of English and/or UN working language of the duty station if not English.
All UNHCR workforce members must individually and collectively, contribute towards a working environment where each person feels safe, and empowered to perform their duties. This includes by demonstrating no tolerance for sexual exploitation and abuse, harassment including sexual harassment, sexism, gender inequality, discrimination and abuse of power.
As individuals and as managers, all must be proactive in preventing and responding to inappropriate conduct, support ongoing dialogue on these matters and speaking up and seeking guidance and support from relevant UNHCR resources when these issues arise.
This is a Standard Job Description for all UNHCR jobs with this job title and grade level. The Operational Context may contain additional essential and/or desirable qualifications relating to the specific operation and/or position. Any such requirements are incorporated by reference in this Job Description and will be considered for the screening, shortlisting and selection of candidates.
,
,
,
,
SkillsIT-Computer Literacy, PR-Protection-related guidelines, standards and indicators, PR-Refugee Protection Principles and Framework
Education
CertificationsInternational Law - Other, Political Science - Other
Work Experience
Other informationThis position doesn't require a functional clearance
Home-BasedNo