Legal Off (Admin of Justice)

Before submitting an application, UNHCR staff members intending to apply to this Job Opening are requested to consult the Recruitment and Assignments Policy (RAP, UNHCR/HCP/2017/2 and the Recruitment and Assignments Administrative Instruction (RAAI), UNHCR/AI/2017/7 OF 15 August 2017.

Legal Officer (Administration of Justice)

ORGANIZATIONAL CONTEXT
The incumbent serves under the supervision of the Senior Legal Officer (Administration of Justice), P4, The incumbent may supervise interns, consultants and junior staff. He/she provides support on all matters relating to the UN internal justice system, including preparation of legal opinions and advice on requests for management evaluation, drafting legal pleadings and representing the Organization at oral hearings before international tribunals, including the United Nations Dispute Tribunal (UNDT). The incumbent is also responsible for providing advice on legal issues relating to investigations and disciplinary proceedings. He/she also assists in liaising with the Office of Legal Affairs in the UN Secretariat on legal issues relating to cases before the United Nations Appeals Tribunal (UNAT). The incumbent also provides substantive input regarding the drafting of legal opinions and policies on HR-related matters. The incumbent will handle as a priority, cases related to sexual exploitation and abuse and sexual harassment which require special care and expertise to substantiate complex cases and protect witnesses and survivors. The incumbent will play a role in contributing to effective action to detect, respond and prevent sexual exploitation and abuse and sexual harassment, particularly by reducing the time required to process these complex cases.

In light of the presence in Nairobi, the incumbent may be requested to give advice on other non-refugee matters including contracts and the status, privileges and immunities of UNHCR and its personnel. In a particularly demanding environment, the incumbent, in addition to solid generalist legal background, will demonstrate sound written and oral advocacy skills acquired before judicial or arbitral courts or administrative tribunals.  The Legal Officer must have an in-depth knowledge of the jurisprudence of the United Nations Dispute and Appeals Tribunals or knowledge and experience in applying employment or administrative law in a national jurisdiction. The incumbent must also understand, or have the ability to rapidly understand how the UN statutory framework functions.  

FUNCTIONAL STATEMENT

Accountability
- UNHCR is provided with clear and consistent legal advice on all aspects of administrative and personnel matters, including, but not limited to requests for management evaluation, cases brought before the UNDT and UNAT and in disciplinary proceedings resulting in high level of compliance with legal advice.
- Legal opinions, pleadings and other legal advice are drafted in accordance with established legal policy, standards and procedures.

Responsibility
- Provide advice and guidance on a wide array of legal matters, with a special emphasis on the UN internal justice system and human resources legal issues, particularly cases involving sexual exploitation and abuse or sexual harassment.
- Analyse and advise on requests for management evaluations by UNHCR staff.
- Assist in responding to media requests and donor demands in relation to cases involving sexual exploitation and abuse or sexual harassment.
- Assist the Senior Legal Officer in preparing legal pleadings and representing the Organization as co-counsel at oral hearings before the United Nations Dispute Tribunal.
- Assist in liaising with the Office of Legal Affairs in the UN Secretariat on legal issues relating to claims before the United Nations Appeals Tribunal (UNAT).
- Liaise with the UNHCR Ombudsperson in connection with cases referred to mediation.
- Provide legal advice, as necessary, to the Inspector General's Office on investigation procedures and to the Director, DHRM on disciplinary proceedings.
- Provide legal interpretation of UN Regulations and Rules and relevant instructions, guidance and policy issues.
- Review draft human resources policies with a particular emphasis on policies and guidance related to sexual exploitation and abuse or sexual harassment, and ensure that they are aligned with established policy and standards; guide offices in the field to ensure that personnel matters are dealt with in accordance with relevant procedural guidelines.
- Analyse UNHCR¿s internal regulatory framework, as appropriate, and propose initiatives and measures to enhance existing policies and practices and ensure compliance with relevant rules and regulations.
- Perform other related tasks as required.

Authority
- In close consultation with the Senior Legal Officer and under the overall supervision by the Head of LAS, draft legal advice on the interpretation of international administrative law instruments relevant to UNHCR and its operations, including HR policy initiatives and implementation.
- Initiate and issue legal opinions for the Office of the Deputy High Commissioner on, inter alia, requests for management evaluation and draft pleadings and represent the Organization at oral hearings before the UNDT.
- Enforce legal policy and standards pertaining to relevant areas of responsibility.
- In coordination with, and as delegated by, the Head, Legal Affairs Service, represent LAS in meetings within UNHCR and represent UNHCR with external counterparts on the above issues.

ESSENTIAL MINIMUM QUALIFICATIONS AND PROFESSIONAL EXPERIENCE REQUIRED
- Undergraduate degree (equivalent of a BA/BS) in Law preferably with a focus on international administrative/public law plus 6 years of previous relevant work experience in the legal field. Graduate degree (equivalent of a Master's) plus 5 years or Doctorate degree (equivalent of a PhD) plus 4 years of previous relevant work experience may also be accepted.
- Fluency in English and French (written/oral/comprehension)

In the absence of a sufficient number of applicants possessing all essential minimum qualifications and professional experience, individual requirements may be waived.

DESIRABLE QUALIFICATIONS & COMPETENCIES. 
- Bar exam or equivalent qualification to practice law in at least one jurisdiction.
- Excellent skills in drafting a broad range of documents of a legal nature, including legal opinions, pleadings, briefing notes and guidance materials.
- Strong analytical skills and ability to conduct legal research on a range of complex and intricate issues.
- In depth knowledge and experience of international law, including, international administrative law as practiced in international organizations (in particular in the United Nations) and/or experience applying employment or administrative law in a national jurisdiction.
- Thorough understanding of the UN system and understanding of UNHCR mandate and its operational structure.
- Demonstrated ability to provide oral briefings on complex legal issues to legal and non-legal audiences.
- Court advocacy skills and litigation experience obtained as an attorney in a law firm and/or a legal officer in an international organization.
- Experience in dealing with issues related to the internal justice system of the United Nations, knowledge of the jurisprudence of the UNDT and UNAT as well as organizational regulatory frameworks and policies.
- Knowledge of the privileges and immunities of UN/HCR and its personnel.
- Knowledge of UN/HCR field operational realities.
- Proven ability to deal with multiple tasks in a courteous and service-oriented manner in a demanding working environment with often short deadlines. C001L3 - Accountability Level 3
C002L3 - Teamwork & Collaboration Level 3
C003L3 - Communication Level 3
C004L3 - Commitment to Continuous Learning Level 3
C005L3 - Client & Result Orientation Level 3
C006L3 - Organizational Awareness Level 3
M001L3 - Empowering and Building Trust Level 3
M003L3 - Judgement and Decision Making Level 3
X001L3 - Analytical Thinking Level 3
X005L3 - Planning and Organizing Level 3
X006L3 - Policy Development & Research Level 3 <p>The UNHCR workforce consists of many diverse nationalities, cultures, languages and opinions. UNHCR seeks to sustain and strengthen this diversity to ensure equal opportunities as well as an inclusive working environment for its entire workforce. Applications are encouraged from all qualified candidates without distinction on grounds of race, colour, sex, national origin, age, religion, disability, sexual orientation and gender identity.</p>
========================================================================================================
See below for this postion's Operational Context
========================================================================================================

For those people applying for High Risk Duty Stations, we strongly encourage them – before deciding to apply- to read the country specific security and welfare country profiles which can be found on the Intranet under Support Services - Duty of Care (https://intranet.unhcr.org/en/support-services/duty-of-care.html). Ensuring staff are better informed is part of the increased attention UNHCR is paying to Duty of Care.

 

Staff after having applied to High Risk Duty Stations will have access to country specific information webinars with Field Safety Section (FSS) and Staff Welfare Section (SWS) colleagues and provided with a tool to test their psychological preparedness for serving in High Risk Duty Stations. Applicants who applied for a position in a High Risk country will receive, after the deadline for applications has expired, a joint invitation from the Staff Welfare Section (SWS) and the Field Safety Section (FSS) to participate in these webinars. During the Webinars, latest updates on security and well-being will be provided, and FSS and SWS will address questions raised by participants. Applicants are highly encouraged to benefit, when applicable, from all measures as they provide most up-to-date security and well-being information helpful to assess staff’s readiness to serve in a High Risk Duty Station. A Staff Welfare Officer will also be available, if and when required, to discuss with interested applicants the results of the psychological preparedness tool as well as readiness for assignment in High Risk Duty Stations.

 

Knowledge and experience of international law, including, international administrative law as practiced in international organizations (in particular in the United Nations).

Current knowledge of the jurisprudence of the UN Dispute and Appeals Tribunals.

Thorough understanding of the UN system and UNHCR'S mandate, operational structure and admin processes.

Understanding of UN staff regulations and rules and UNHCR internal regulatory framework.

Analytical skills and ability to effectively conduct legal research on a range of complex and intricate issues.

Ability to provide oral briefings on complex legal issues to lawyers and not legally trained audiences.

Excellent skills in drafting legal documents, such as legal opinions, pleadings and briefing notes.

Knowledge of the privileges and immunities of UN/HCR and its personnel.

Knowledge of UN/HCR field operational realities.

Fluency in English and French (written/oral/comprehension). The Legal Affairs Service (LAS) is a team of 10 lawyers located at HQ in Geneva, 1 lawyer at UNHCR's Global Service Centre in Budapest, 2 lawyers at UNHCR's Regional Office in Bangkok and 3 lawyers at UNHCR's Regional Service Centre in Nairobi.

This new position of Legal Officer (Administration of Justice), P3, will be reporting to the Senior Legal Officer (Administration of Justice), P4 in Nairobi.

The incumbent will need to be immediately operational on the legal aspects of Administration of Justice. Therefore the incumbent should have existing foundations in this area through prior experience. This position is based in Nairobi which is a family duty station. The incumbent might be required to travel to Geneva for meetings. Good security awareness is needed as duty station has frequent security and safety threats;
Although a B category duty station and APA for countries in the region, there is a considerable level of criminality and banditry in Nairobi. None.

Please note that the closing date for all vacancies in the September 2018 Compendium is Thursday 18 October  2018 (midnight Geneva time).