Legal Expert (Ref: SVN#TR/2019/196)

IOM Ankara
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İlan Detayları

Vacancy Notice Number:

SVN#TR/2019/196

Position Title:

Legal Expert

Duty Station:

Ankara-Turkey

Classification:

Consultancy

Deadline of Applications:

22 October 2019

General Functions:  

IOM defines alternatives to immigration detention (ATDs) as “any legislation, policy or practice, formal or informal, that prevents the unnecessary detention of persons for reasons relating to their migration status” . The consideration of ATDs is linked to and derives from the right to liberty and security of person that is enshrined in all core international human rights instruments. In this frame, the states have a legal obligation - in line with the principles of necessity and proportionality - first to examine carefully alternative measures to detention and, only then resort to detention (if it has been established that alternatives are not sufficient to achieve the aim pursued). Several different types of alternatives in the specific context of migration can be listed; such as open or semi-open facilities, registration mechanism, reporting mechanism, designated residence system, bail, bond and surety options and a supervision system.

As stipulated in the Law on Foreigners and International Protection (LFIP) in Turkey, immigration detention of irregular migrants in removal centres can only be applied in specific cases and on specific grounds: namely, in cases where there is a risk of absconding; breach of entry and exit rules; use of forged documents; risk to public security, health and order; or if the irregular migrant did not leave the country in the designated period. Given that immigration detention is an exceptional measure and is not an applicable sanction for all irregular migrants, robust assessment procedures for appropriateness of placing particular irregular migrants in detention as well as development of non-custodial alternative measures - particularly for vulnerable migrants (such as children; asylum seekers; migrants with serious health conditions; LGBTI persons; pregnant women; single parents; victims of torture, ill-treatment and domestic violence; the elderly and persons with disabilities etc) - are essential for ensuring non-arbitrariness, necessity and proportionality principles. The current LFIP allows for ATDs on a limited scope, for this reason there is need for legislative assessment and recommendations to develop a comprehensive system on ATDs.

Within this background, and in line with the national action plan on irregular migration where conducting a feasibility study on ATDs was indicated as one of the actions to be taken, the project aims to support DGMM to explore and implement humane, pragmatic and financially sound ATDs policies that can be effectively implemented in the current context, so as to simultaneously encourage individual compliance with migration procedures and respect the right to liberty. Development of effective ATDs system will also ensure the principles of non-arbitrariness, necessity and proportionality and will contribute to efficient management of removal centres due to the possible decrease of the workload.

 

Major Duties and Responsibilities:

  1. Develop a research methodology as well as a research plan to conduct the legislation analysis, present the methodology to the IOM for their review and comments, and incorporate these comments into the final methodology.
  2. Review the relevant national, regional and international legislation, research reports and other relevant documents related to ATD legislative practices.
  3. Provide outline of the final report to IOM for their review and approval to proceed for drafting.
  4. To coordinate the meetings/focus group discussions which will be conducted with the key relevant stakeholders and to participate consultation meetings conducted in the framework of the project, if requested.
  5. In close cooperation with IOM and DGMM, to provide technical support to prepare recommendations related to ATDs in Turkey.
  6. In close cooperation with IOM and DGMM, to draft recommendations on selected possible ATD measures in Turkey.
  7. To report back monthly on progress to IOM.
  8. To develop and finalize a legislation analysis report in coordination with IOM and based on the results of the interviews/or focus group discussions in the field.
  9. To submit the final version of legislation analysis report with aforementioned components in Turkish and English.

Objective(s) of the Consultancy:

To conduct a legislation analysis and needs assessment with a focus on ATDs and provide technical support to prepare recommendations to implement ATDs in Turkey  through desk review of relevant national, regional and international legislation and practices as well as through the interviews and/or focus group disccussions with government officers in DGMM HQ, Provincial Directorates of Migration Management and, if necessary, other relevant stakeholders (such as local NGOs, academia, migrant groups).

Recommendations will include how potential ATD systems can be implemented to serve the needs of all migrants, such as children; asylum seekers; migrants with serious health conditions; LGBTI persons; pregnant women; single parents; victims of torture, ill-treatment and domestic violence; the elderly and persons with disabilities, etc.

 

Required Qualifications:

Education:

• Master’s degree level in Law, Social and Political Sciences, etc. with minimum 5 years of overall experience in legal matters.

• Possession of a PhD in law is highly desired.

Experience:

At least 5 years of combined working experience in legislation analysis and reporting is essential;

• Knowledge of foreigners and international protection law as well as the international principles and legislation on detention and alternatives to detention is required

Languages:

  • Fluency in Turkish and English is required.  

 

Required Competencies

Values

  • Inclusion and respect for diversity:

Shows respect and sensitivity towards gender, culture, ethnicity, religion, sexual orientation, political conviction and other differences.

• Encourages the inclusion of all team members and stakeholders while demonstrating the ability to work constructively with people with different backgrounds and orientations.

• Promotes the benefits of diversity; values diverse points of view and demonstrate this in daily work and decision making.

• Challenges prejudice, biases and intolerance in the workplace.

  • Integrity and transparency:

• Upholds and promotes the Standards of Conduct and Unified Staff Regulations and Rules.

• Delivers on commitments; manages the organization’s resources reliably and sustainably.

• Embraces and encourages transparency, balancing this with the need for discretion and confidentiality as appropriate.

• Maintains impartiality and takes prompt action in cases of unprofessional or unethical behavior.

• Does not abuse one’s position and acts without consideration of personal gain. Is motivated by professional rather than personal concerns.

  • Professionalism:

• Demonstrates professional competence and mastery of subject matter and willingness to improve knowledge and skills.

• Seeks to raise professional standards in self and others through daily work and activities.

• Adapts quickly to change and is decisive and versatile in face of uncertainty.

• Shows self-control and persistence when faced with difficult problems and remains calm in stressful situations.

• Is conscientious and efficient in meeting commitments, observing deadlines and achieving results.

Core Competencies – behavioral indicators level 1

  • Teamwork:

• Establishes strong relationships with colleagues and partners; relates well to people at all levels.

• Is fully aware of the team purpose, respects and understands individual and collective responsibilities.

• Willingly puts in extra effort without being asked and adopts a "hands-on" approach whenever necessary to achieve team objectives.

• Coordinates own work with that of the team to meet agreed priorities and deadlines.

  • Delivering Results:

•Produces quality results and provides quality services to clients.

• Meets goals and timelines for delivery of products or services.

• Manages time and resources efficiently, monitoring progress and making adjustments as necessary.

• Shows understanding of own role and responsibilities in relation to expected results.

  • Managing and sharing knowledge:

•Keeps abreast of new developments in own field of competence and creates opportunities for knowledge management initiatives.

• Shares knowledge and learning willingly, and proactively seeks to learn from the experiences of others.

• Puts new learning into practice and draws on diverse sources of ideas and inspiration.

• Contributes to the identification of improvements to work processes and assists in implementing them.

  • Accountability:

• Accepts personal responsibility for quality and timeliness of work.

• Takes ownership of all responsibilities within own role and honors commitments to others and to the Organization.

• Operates in compliance with organizational regulations and rules.

• Accepts and gives constructive criticism; acknowledges and corrects mistakes and apply lessons learned for improvement.

  • Communication:

•Presents information using language and sequence of ideas that is easy for recipients to understand.

• Adapts communication to the recipient’s needs, asks questions to clarify, and exhibits interest in having two-way communication.

• Encourages others to share their views, using active listening to demonstrate openness and to build understanding of different perspectives.

• Listens carefully and genuinely to the views and positions of others; acts on received information.

 

 

Other:

Any offer made to the candidate in relation to this vacancy notice is subject to funding confirmation.

Appointment will be subject to certification that the candidate is medically fit for appointment, accreditation, any residency or visa requirements, and security clearances.

Only candidates residing in either the country of the duty station or from a location in a neighbouring country that is within commuting distance of the duty station will be considered. In all cases, a prerequisite for taking up the position is legal residency in the country of the duty station, or in the neighbouring country located within commuting distance, and work permit, as applicable.

Please be advised that this is a local position and as such only applications from candidates with a valid residence / working permit residing in Turkey will be considered.

 

How to Apply:

Interested candidates are requested to submit their application including the most recent CV with a cover letter in English with contact details (name, position, phone and e-mail details) of three references by indicating  name of the position applied with its VN number in the subject line of the e-mail by the end of 22 October 2019.

Please note that only shortlisted candidates will be contacted.

IOM

Established in 1951, IOM is the leading inter-governmental organization in the field of migration and works closely with governmental, intergovernmental and non-governmental partners.
With 165 member states, a further 8 states holding observer status and offices in over 100 countries, IOM is dedicated to promoting humane and orderly migration for the benefit of all. It does so by providing services and advice to governments and migrants.
IOM works to help ensure the orderly and humane management of migration, to promote international cooperation on migration issues, to assist in the search for practical solutions to migration problems and to provide humanitarian assistance to migrants in need, including refugees and internally displaced people.
The IOM Constitution recognizes the link between migration and economic, social and cultural development, as well as to the right of freedom of movement.
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