OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER …

Terms of Reference

CONSULTANT

United Nations Counter-terrorism Implementation Task Force

Working Group on Protecting Human Rights while Countering Terrorism

Office of the High Commissioner for Human Rights

FUNCTIONAL TITLE: Consultant on counter-terrorism and human rights

ORGANIZATIONAL UNIT: OHCHR

STATUS: Consultant

LEVEL: P-2/P-3 (depending on candidate’s qualifications and experience)

STARTING DATE: Immediately

DURATION: Three months

DUTY STATION: Distance work

TRAVEL: The incumbent will be expected to travel at least once to New York, USA, to conduct meetings with OHCHR and members of the Working Group relating to the development and finalization of the documents.

BACKGROUND AND RATIONALE

The United Nations Counter-Terrorism Implementation Task Force (CTITF) was established by the Secretary-General in June 2005 to ensure coordination and coherence in the counter-terrorism efforts within the UN system. It consists of 31 entities. At present, there are eleven CTITF working groups and initiatives underway, one of which is the CTITF Working Group on Protecting Human Rights while Countering Terrorism, led by the Office of the High Commissioner for Human Rights (OHCHR).

The Working Group’s overall aim is to support Member States’ efforts to enhance their knowledge, understanding and implementation of international human rights frameworks and the rule of law in the fight against terrorism, and to support them in their efforts to implement measures included in Pillar IV of the Global Counter-Terrorism Strategy of the General Assembly (A/RES/60/288). The Working Group develops proposals for strengthening support to Member States on the protection of human rights and the rule of law in the context of counter-terrorism at the international, regional and national level. It also provides guidance to Member States to clarify international human rights obligations and ensure human rights compliance while countering terrorism, including through the development of practical tools.

To this end, the Working Group has developed and published, in September 2010, two Basic Human Rights Reference Guides in English on “The Stopping and Searching of Persons”[1] and on “Security Infrastructure”[2] of about 20 pages each containing the guiding principles and guidelines, plus reference materials in an Annex. These guides are practical tools that serve as reference documents to guide national action, provide checklists for national assessment processes and address capacity building needs of Member States. The target audience of the Reference Guides are Member States and other relevant stakeholders, including CTITF entities and stakeholders at the national level such as policy makers, Government officials, the legislature, judges, law enforcement officials, and civil society.

Three other Reference Guides on “Detention”, “Proscriptions of Organizations” and “Conformity of National Counter-terrorism Legislation with International Human Rights Law” are in varying stages of completion based on previous work carried out by the Working Group in 2009 and 2010, funded by OHCHR, and for which consultants were contracted. The Working Group further decided to develop an additional Basic Human Rights Reference Guide on “The Right to a Fair Trial and Due Process in the Context of Countering Terrorism”, drawing upon a series of regional symposia on the topic that the Working Group had organized in 2011 and 2012.

In November 2012, the Advisory Board of the United Nations Counter- Terrorism Centre (UNCCT) approved funding for this project. The Working Group has now moved to the implementation phase of the project on the basis of an Inter-Office Memorandum signed in early May 2013, between Under- Secretary-General for Political Affairs, CTITF Chairman and UNCCT Executive Director, Jeffrey Feltman, and Assistant Secretary-General for Human Rights, Ivan Šimonović.



DUTIES AND RESPONSIBILITES

Under the overall supervision of the Chief of the Global Issues Section of the New York Office of OHCHR, chairing the CTITF Working Group on Protecting Human Rights while Countering Terrorism, the direct supervision of the Human Rights Officer with responsibility for counter-terrorism and human rights-related issues at the New York Office of OHCHR, and through consultations on the respective final drafts with member entities of the Working Group acting within their respective mandates, the incumbent will be responsible for implementing specific tasks which will include:

- Generally following the format, and length, of the two existing Basic Human Rights Reference Guides in English on “The Stopping and Searching of Persons” and on “Security Infrastructure”, finalize, in the English language, three Basic Human Rights Reference Guides on “Detention”, “Proscriptions of Organizations” and “Conformity of National Counter-Terrorism Legislation with International Human Rights Law”, based on existing drafts at various stages of completion that need to be completed and updated;

- Generally following the format, and length, of the two existing Basic Human Rights Reference Guides in English on “The Stopping and Searching of Persons” and on “Security Infrastructure”, assist in researching for, and drafting and reviewing of a Basic Human Rights Reference Guide, in English, on “The Right to a Fair Trial and Due Process in the Context of Countering Terrorism”;

- Perform other duties as required by the designated supervisor, or the Chief, Global Issues Section, of the New York Office of OHCHR, as relevant to the project.

QUALIFICATIONS

EDUCATION: Advanced university degree (Masters or equivalent) in law with emphasis on international law, in particular international human rights law. Specialisation in human rights and counter-terrorism, or related fields in the area of legal aspects of counter-terrorism, international criminal justice or human rights issues is an advantage.

EXPERIENCE: Minimum three years work experience in human rights and the rule of law, preferably at the international level in field or headquarters locations. Proven experience in research and writing on international human rights law issues. Experience in project management desirable.

LANGUAGES: Fluency in oral and written English is required. Knowledge of an additional official UN language is an asset.

CORE COMPETENCIES

PROFESSIONALISM: In-depth legal knowledge of, and proven practical experience in, international law, particularly human rights law and criminal law; comprehensive knowledge of and exposure to a range of legal and human rights issues related to counterterrorism; comprehensive knowledge of and exposure to the range of human rights standards, instruments, mechanisms, approaches and issues relevant to the administration of justice, and security sector, including law enforcement, in particular as it relates to counter-terrorism. Strong analytical skills and ability to conduct comprehensive legal research on a range of issues, including those of a complex nature. Proficiency in drafting and ability to prepare high quality written materials within tight deadlines. Knowledge of relevant institutional mandates, policies and guidelines and ability to integrate human rights. Takes responsibility for incorporating gender perspectives and ensuring equal participation of women and men in all areas of work.

PLANNING AND ORGANIZATION: Excellent skills and ability to organize, plan, coordinate and implement, work under pressure and handle multiple concurrent projects. Uses time efficiently. Good understanding of contemporary international relations and of the UN system, organization and interrelationships.

COMMUNICATION: Speaks and writes clearly and effectively, including the ability to produce a variety of written documents in a clear and concise style. Maintains timely and consistent flow of information with relevant colleagues within OHCHR, and other entities throughout the UN system, as relevant. Demonstrates openness in sharing information and keeping people informed and ability to build and maintain effective partnerships.

TEAMWORK: Works collaboratively with colleagues to achieve organizational goals. Solicits input by genuinely valuing others’ ideas and expertise and is willing to learn from others. Places team agenda before personal agenda. Supports and acts in accordance with final group decision, even when such decisions may not entirely reflect own position. Shares credit for team accomplishments and accepts joint responsibility for team shortcomings. Ability to establish and maintain productive working relations with people in a multi-cultural, and multi-ethnic environment.

TECHNOLOGY AWARENESS: Excellent computer skills.

Please send application, including two or three writing samples, to Ms. Sheilah Trotta ([email protected]) and Mr. Nikolaus Schultz ([email protected])

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