Expert / Drafter of a gap analysis and options paper on the 2010 Kyiv Recommendations Update

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Archived vacancy details

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Issued by: OSCE Office for Democratic Institutions and Human Rights
Vacancy number: VNODIC00751
Vacancy type: Experts/Consultants
Field of expertise: Rule of Law
Duty station: Warsaw
Date of issue: 16 May 2019
Deadline for application: 9 June 2019 - 23:59 Central European Time (CET/CEST)

Background:

		Within its portfolio on judicial independence, 10 years ago, ODIHR’s Rule of Law Unit, together with the Max Planck Institute, researched into key challenges and good practices in various OSCE regions, and subsequently compiled key recommendations in the areas of judicial administration, judicial selection and training, and on accountability of judges and judicial independence in adjudication. The recommendations were discussed and validated at an expert meeting with practitioners and experts from Eastern Europe, South Caucasus and Central Asia in Kyiv. Since their finalization in 2010, the Kyiv Recommendations have been utilized as a tool to disseminate good judicial administration practices in these sub-regions by national authorities, civil society, OSCE and other international organizations. Yet, new challenges and issues have emerged since the publication of the Recommendations, and practitioners from other OSCE regions have approached ODIHR enquiring into the geographical scope of the existing Recommendations. In 2019, the ODIHR Democratization Department embarked on a project to review the Kyiv Recommendations until December 2021, with regard to its geographical and thematic scope with a view to updating the document on the basis of a detailed assessment and through extensive consultations with justice sector stakeholders and leading experts from OSCE participating States. The updated recommendations will provide updated guidance to the judiciary, policy makers, and civil society on how to ensure judicial independence. Given ODIHR's mandate to provide advice on the alignment of legislation with international standards across all OSCE participating States, the review will also consider the pros and cons of an expansion of the geographical scope of the Recommendations to South-Eastern Europe, Central and/ or Western Europe. Objective: The objective of this consultancy is to produce a gap analysis and options paper on the 2010 Kyiv Recommendations Update to be discussed at a Steering Group Meeting in Warsaw, followed by the drafting of a roadmap based on this discussion. The gap analysis of the existing Kyiv Recommendations aims at outlining in which regards the current text does not provide sufficient guidance to practitioners, both in terms of the depth of recommendations and in terms of thematic areas covered. The options paper will outline different options of how to update and expand the current text, both geographically and thematically, as well as the advantages and disadvantages of doing so. This paper is to be presented and discussed at a Steering Committee meeting in Warsaw in November 2019 (date TBC). Subsequently, the consultant will produce a roadmap on the process ahead on the basis of decisions taken at the Steering Committee meeting. The overall aim of the project is to review and update the 2010 Kyiv Recommendations so that they retain their value in providing practical guidance on judicial independence, and on balancing independence and accountability in line with rule of law standards.

Tasks and Responsibilities:

		The consultancy seeks to produce a gap analysis and options paper on the 2010 Kyiv Recommendations Update to be discussed at a Steering Group Meeting in Warsaw, followed by the drafting of a roadmap based on this discussion. It is divided into the following five phases, for which consecutive contracts will be issued following the successful completion of each phase: PHASE 1 – Development of methodology and preparation of interviews This phase consists of the drafting of methodology for the gap analysis and options paper, including the information on sources to be used, suggesting a list of interviewees and a questionnaire for semi-structured interviews on the current and future use of the Kyiv Recommendations. PHASE 2 - In-depth interviews with at least 12 practitioners and submission of interim report The Consultant will prepare, set up and undertake in-depth interviews by phone/ skype with at least 12 practitioners in different OSCE regions (5 OSCE sub-regions, 2 representatives of the regions Eastern Europe, Central Europe, Central Asia, South-Eastern Europe, Western Balkans, US/ Canada) on the current and future use of the 2010 Kyiv Recommendations, to inform the gap analysis and options paper. PHASE 3 - Desk research and drafting of gap analysis/ options paper The consultant will undertake desk research on a) current key challenges relating to judicial independence and accountability within the OSCE region, and b) on standards developed by international and regional organizations (those applicable within the OSCE region) since 2010. PHASE 4 - Contribution to planning of and participation at Steering Group meeting The consultant will contribute to the planning of the Steering Group meeting by providing input into the draft agenda and list of participants. He/ she will participate at a Steering Group meeting in Warsaw (November 2019, date TBC) and present the gap analysis and options paper using a Power Point presentation of some 20 minutes (details to be confirmed with ODIHR ahead of the meeting). The Consultant will document the discussion at the Steering Group meeting with a view to drafting a roadmap (see Phase 5). PHASE 5 - Development of roadmap The consultant will draft and finalise a roadmap (max. 5 pages) based on the options paper and the discussions at the Steering Group meeting. All deliverables will be delivered in English language. Interpretation assistance will be provided by ODIHR for interviews that cannot be conducted in a language in which the consultant is fluent. Up to 200 EUR will be reimbursed for telecommunication costs in the conduct of interviews. Travel undertaken for the purposes of this assignment will be funded by OSCE/ODIHR for he attendance of the Steering Group meeting in line with the project budget and ODIHR’s established policies.

Necessary Qualifications:

		Advanced university degree in law or equivalent professional experience; Familiarity with regional and international standards relevant to the independence and accountability of judges, judicial administration and the separation of powers; Minimum of 8 years of demonstrated work experience related to judicial independence and accountability and judicial (self-)administration (selection and promotion of judges, disciplinary procedures, Judicial Councils etc), preferably internationally; Proven experience in research and analysis, including on challenges to judicial independence and accountability in OSCE participating States; Knowledge of comparative models of judicial administration, including judicial self-governance currently in use in the OSCE region; Proven experience in applying a gender lens to research, and in developing gender-sensitive recommendations and policies; Experience in drafting analytical documents on issues related to judicial independence and accountability; Full command of English, excellent and concise writing skills in English; Command of other OSCE languages, in particular Russian, is an asset; Computer literacy with practical experience with Microsoft applications; Strong communication skills, including experience in conducting semi-structured interviews, including with representatives of government/ parliament/ judiciary; Strong organizational skills, flexibility and ability to work under minimal supervision, delivering against tight deadlines; Preparedness to undertake international travel (Steering Group meeting in Warsaw).

Required competencies:

		Core values Commitment: Actively contributes to achieving organizational goals Diversity: Respects others and values their diverse perspectives and contributions Integrity: Acts in a manner consistent with the Organization’s core values and organizational principles Accountability: Takes responsibility for own action and delegated work Core competencies Communication: Actively works to achieve clear and transparent communication with colleagues and with stakeholders of the Organization Collaboration: Works effectively with others on common goals and fosters a positive, trust-based working environment Planning: Works towards the achievement of goals in a structured and measured manner Analysis and decision-making: Analyses available information, draws well-founded conclusions and takes appropriate decisions Initiative-taking: Proposes and initiates new ideas, activities and projects Flexibility: Responds positively and effectively to changing circumstances Managerial competencies (for positions with managerial responsibilities) Leadership: Provides a clear sense of direction, builds trust and creates an enabling environment Strategic thinking: Identifies goals that advance the organizational agenda and develops plans for achieving them Managing performance: Helps to maximize team performance by providing active feedback and skill development opportunities

Remuneration Package:

		Duration and remuneration package: Interested consultants will apply for the entire assignment, encompassing up to 31 days of consultancy between June and December 2019. However, the assignment is very time-sensitive and has therefore been divided into five successive phases with successive contracts being issued. Provided the deliverables of each phase are submitted timely and in line with the Terms of Reference (ToRs) and instructions, a new contract will be issued to the successful applicant for the respective next phase without a new recruitment process. Remuneration will reflect the necessary qualifications, experience and skills as described and be in accordance with OSCE established rates. Remuneration for services will be payable following approval of the deliverables within the respective phase by OSCE/ODIHR Democratization senior management in the manner described in the ToRs. Location: Expert’s home office

How To Apply:

		If you wish to apply for this position, please use the OSCE's online application link found under https://jobs.osce.org/vacancies. Please include concrete references to previous experience related to judicial independence and accountability and judicial (self-)administration and familiarity with relevant regional and international standards in your motivation letter. Please note that only shortlisted applicants will be contacted. The OSCE is committed to diversity and inclusion within its workforce, and encourages qualified female and male candidates from all national, religious, ethnic and social backgrounds to apply to become a part of the Organization. The OSCE retains the discretion to re-advertise the vacancy, cancel the recruitment, offer a consultancy at a different level or with modified terms of reference or for a different duration.