Hardship Level (not applicable for home-based)B
Family Type (not applicable for home-based)
Family
Staff Member / Affiliate TypeCONTR Local Entry and Mid-Level Support
Target Start Date2025-01-01
Deadline for ApplicationsDecember 18, 2024
Terms of ReferenceTitle of project: Rights Mapping and Analysis Platform (RiMAP)
Purpose of project (summary): RiMAP is a digital platform designed by UNHCR to provide information about laws and policies relating to the rights for refugees, asylum-seekers, internally displaced and stateless persons. RiMAP provides a structured methodology for collecting and analysing legal data and challenges around specific rights categories. It is hoped that RiMAP will enhance protection of forcibly displaced persons by providing information for strategic planning, coordination and reporting to the UNHCR India Operation, the Regional Bureau of the Asia and Pacific and the Headquarters.
The consultant will research various legal databases and other sources to collect relevant legislation, case laws/judicial precedents, policy and administrative directives, map state practices, India’s international law commitments etc. These will be analysed and collated under different Rights Groups. A database of the same will be created which will be further utilised to update the existing Judicial Compendium and answer the RiMap questionnaire and website fields.
The consultant will gather and analyse applicable national instruments that affect rights enjoyment of refugees, asylum seekers and stateless persons, and analyse them against international standards.
The Rights Groups analysed would include but not be limited to:
• Asylum (access to territory, non-penalization, expulsion, non-refoulment etc)
• Access to Justice
• Documentation ((identity, civil and travel)
• Freedom of Movement and Immigration Detention
• Right to Naturalization and Integration
• Housing Land and Property
• Education
• Social Protection (adequate standard of living)
• Work and Rights at the Workplace
The consultant will be responsible for data integrity and accuracy.
General Background of Project or Assignment, Operational Context:
RiMAP is a digital platform designed by UNHCR to provide information about laws and policies relating to the rights for refugees, asylum-seekers, internally displaced and stateless persons. RiMAP provides a structured methodology for collecting and analysing legal data and challenges around specific rights categories.
The Government of India has not signed the 1951 Refugee Convention or the 1967 Protocol, and it has also not signed the 1954 Convention relating to the Status of Stateless Persons or the 1961 Convention on the Reduction of Statelessness. The Government has not enacted legislation dealing specifically with refugees and stateless persons and the various aspects of their lives. However, India has signed various human rights instruments and has laws and policies in place which directly or indirectly impact entry, stay and access to services for refugees and asylum seekers and stateless persons.
Given India’s federal structure with 28 states and 8 union territories, and law subjects and administration divided between the union and the states, the law, policy and practices differ from one geography to another. India also has various levels of Judiciary at the state and the centre, and orders and judgements issued by various courts create precedents impacting the protection of refugees and stateless persons. Additionally, since India has been hosting refugees since its independence, it has varied practices and approaches in place for different refugee groups.
The role of the Individual Contractor would be to build comprehensive country information on India’s legal, policy and practice framework impacting access to varied rights for refugees and asylum-seekers, and stateless persons for UNHCR’s RiMAP platform, and to update an existing legal compendium with relevant judicial precedents and pronouncements.
Purpose and Scope of Assignment:
The Individual Contractor will be primarily responsible for building the database of legal, policy and administrative framework in respect of core protection themes/ rights for refugees and asylum-seekers and stateless persons in India.
The contractor will work closely with the UNHCR Protection Unit and with the legal partners of UNHCR.
The Contractor should have relevant experience in legal research and analysis, and knowledge of international human rights standards and best practices.
Knowledge of India’s common law system, including judicial as well as administrative structure. Use of legal databases.
Preferably a minimum 3 years of research experience with specific focus on the human rights and refugee law.
Contractor will be expected to give weekly updates on the work done, fill the RiMAP questionnaire, create a database of thematic laws, policies and practices, as well as case law and summary; and update the Judicial Compendium.
At the end of the 6-month term, the Contractor is required to deliver the following 3 finished projects:
• In-depth information on all relevant sections on India’s RiMAP page
• Filled in RiMAP questionnaire
• Updated Judicial Compendium
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SkillsCB-Communication with Communities (e.g. community outreach, sensitisation, feedback)on CBI, ER-Stakeholder engagement, Human Rights, Legal Practices, Legal Research, PR-Analysis of laws and practice relevant to the immigration detention and ATD, SO-Research
EducationBachelor of Arts (BA): International Relations, Bachelor of Arts (BA): Law, Bachelor of Arts (BA): Refugee and Forced Migration Studies
Certifications
Work ExperienceWorking with Persons of Concern: Internally Displaced Persons
Other informationThis position doesn't require a functional clearance
Home-BasedNo