Result of Service

a) Drafting of Smuggling of Migrants Legislation for Mozambique. This will be done in consultation with the Office of the Attorney General and related counterparts. including the Judiciary, Office of the Prosecutor, Civil Society. The consultant will work closely with UNODC Human Trafficking and Smuggling Project and will reflect on the UNODC Model Law on Smuggling of Migrants.
b) Undertake consultative meetings with partners on the Development of the Legislation
c) Undertake a final consultative and validating session of the draft Smuggling of Migrants legislation.

Work Location

Mozambique

Expected duration

01.06-30.08.23

Duties and Responsibilities

1. Background of the assignment

The United Nations Office on Drugs and Crime (UNODC) Regional Office for Southern Africa (ROSAF) implements a Regional Programme aimed at combating Trafficking in Persons and Smuggling of Migrants. This project is run under collaboration with the Southern Africa Development Community (SADC) Secretariat.

Under an EU funded Southern Africa Migration Management (SAMM) project which is a model of a ONE-UN approach collaborative effort between 4 UN development and humanitarian agencies: the ILO, the IOM, UNODC and UNHCR, whose
overall objective is to improve migration management in the Southern Africa and Indian Ocean region. The United Nations Office on Drugs and Crime (UNODC) supports Member States in domesticating the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against the Smuggling of Migrants by Land, Sea and Air, both protocols supplementing the United Nations Convention against Transnational Organized Crime.

Trafficking in persons and the smuggling of migrants are distinct crimes. The lines between the two may often be blurred though especially when they occur in mixed migration flows. A person may start their journey as an asylum seeker, for example, before seeking the help of smugglers and then being exploited as a victim of trafficking, while in need of refugee protection. According to the SADC regional statistical report (2004-2016), approximately 1,217 victims of TIP were officially reported to law enforcement agencies in the SADC region during the period 2004- 2016/7. It is believed that this is just a small proportion of cases of trafficking in persons as a number of cases are not identified and therefore, not reported. This is largely because of the complex and hidden nature of the crime. There are also cases where victims are rescued but are not interested in cooperating with law enforcement for purposes of investigation and prosecution of the offence.

In that regard, UNODC requires the services of a consultant (Legal & Training Expert) to support the drafting of the Republic of Mozambique Trafficking in Persons Manual.

Further, the Republic of Mozambique has expressed interest in the development of Smuggling of Migrants Legislation. This legislation is part of the Government’s commitment towards implement the United Nations Convention against Transnational Organized Crime and the Protocols thereto. As a regard, the SAMM Project will support the development of the draft Smuggling of Migrants Migration for the Republic of Mozambique.


2. Purpose of the assignment

The purpose of the assignment is to provide technical knowledge in the drafting of the Republic of Mozambique Smuggling of Migrants Bill.

In addition, the consultant will provide a peer review of the Republic of Mozambique TIP Training Manual that is under development by UNODC lead consultant and the Mozambique Office of the Attorney General.

These actions are undertaken in support the work of UNODC against trafficking in persons and smuggling of migrants in the SADC Region within the overall framework of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and the Protocol against the Smuggling of Migrants by Land, Sea and Air, both supplementing the United Nations Convention against Transnational Organized Crime, as well as in support to the implementation of joint SADC-UNODC’s Regional Programme entitled Making the Southern African Development Community (SADC) Region Safer from Crime and Drugs (2013 – 2023).

Qualifications/special skills

- An advanced university (Master's degree or equivalent) in the fields of law, criminology, public administration, political science, international relations or related fields of criminal justice, crime prevention and/or law enforcement is required. A first-level university degree in similar fields in combination with two additional years of qualifying experience may be accepted in lieu of the advanced university degree.
- At least ten years (10) years of professional work experience on criminal law, international law, immigration and constitutional law, demonstrated experience in carrying out technical legal assistance interventions for governments, including legislative drafting and drafting legal opinions and related recommendations, compiling research, liaising and communicating with national and/or international counterparts is required.
- Work experience in trafficking in persons, smuggling of migrants, the UN Convention against Transnational Organized Crime and its supplementing Protocols against Trafficking in Persons and Smuggling of Migrants is desirable.
- Proven experience in delivering workshops to develop legislation, policy, national strategies and action plans, as well as facilitation of high-level multi-stakeholder processes is desirable;

Languages

- English and French are the working languages of the United Nations. For this post, fluency in oral and written English and Portuguese is required. Knowledge of another official United Nations Secretariat language is an advantage.

No Fee

THE UNITED NATIONS DOES NOT CHARGE A FEE AT ANY STAGE OF THE RECRUITMENT PROCESS (APPLICATION, INTERVIEW MEETING, PROCESSING, OR TRAINING). THE UNITED NATIONS DOES NOT CONCERN ITSELF WITH INFORMATION ON APPLICANTS’ BANK ACCOUNTS.