| Background |
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The Office for Democratic Institutions and Human Rights (ODIHR) is seeking an experienced consultant to provide expert advice and input to trial monitoring methodology and tools for monitoring corruption and organized crime (including a legal reference manual), as part of the joint OSCE-EU Project “Supporting a More Effective Administration of Justice in Corruption and Organised Crime Cases in the Western Balkans through Trial Monitoring”.
ODIHR is the principal institution of the OSCE responsible for the human dimension of security. It is active throughout the OSCE area in the fields of election observation, democratic development, human rights, tolerance and non-discrimination, and rule of law.
ODIHR’s Rule of Law Unit (RoL) is part of the Democratization Department (DEM) and is tasked with supporting OSCE participating States in fulfilling their OSCE commitments in the area of trial monitoring, criminal justice reform, judicial and prosecutorial independence, gender, diversity and justice and administrative justice.
Throughout 2019-2020, ODIHR participated in the development of a project proposal for an approximately EUR 6 million EU-funded project on monitoring corruption and organized crime in the Western Balkans. The Project “Supporting a More Effective Administration of Justice in Corruption and Organised Crime Cases in the Western Balkans through Trial Monitoring” (TM OCC WB project) will be implemented by the OSCE, including five field operations in SEE (with the possibility of the Mission to Serbia to join later), the Conflict Prevention Centre (CPC), and ODIHR, for over 36 months starting in early 2021. The objective of the Project is to support a more effective judicial response by the authorities to corruption and organised crime in the Western Balkans, with the key activity involving monitoring of at least 50 corruption and organized crime related cases in each jurisdiction, for a total of at least 250 cases (300 if the Republic of Serbia later decides to participate), during the course of the project.
The ODIHR role in the TM OCC WB Project is to develop tailor-made trial monitoring methodology and tools, a tailor-made set of training modules, to conduct the training of monitors, and to contribute to the inception report. Most of the work of ODIHR will be undertaken during the six-month inception phase planned to commence in January 2021, during which a Project Officer will be hired to coordinate implementation of the project under the supervision of the ODIHR Rule of Law team and a number of consultants will be hired to provide expert support in the above tasks.
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| Tasks and Responsibilities |
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Under the overall supervision of the Chief of the Rule of Law Unit (RoL) and guidance of the ODIHR Project Officer, and in close collaboration with another consultant engaged to update the methodology and tools for the project (the Methodology Consultant), the Standards Consultant will be responsible for ensuring that the updated methodology and tools adequately reflect international standards on OCC and trafficking and enable effective monitoring of cases with these specific offenses. She/he will be expected to familiarise themselves with the TM OCC WB project and to undertake the tasks and deliverables as detailed below, in English, and in fulfilling them will apply gender and diversity sensitive perspectives to this work and will use gender-neutral and diversity-sensitive language in all written output and oral presentations. As most of the deliverables will need to be reviewed by multiple stakeholders of the project, including the donor, the ODIHR Rule of Law team, OSCE Field Operations, and/or the OSCE Secretariat, the consultant must be able to flexibly and rapidly respond to any changes to deadlines or requests that arise from these stakeholders.
Task 1: Provide input for the update of the OSCE trial monitoring methodology to fit the TM OCC WB with a specific focus on international standards in the areas of OCC and trafficking and reviewing drafts of the methodology. The consultant should collaborate closely with the Methodology Consultant and agree, in consultation with ODIHR, specific elements where input is required to ensure the methodology reflects international and regional standards on OCC and trafficking. As a result of this task, the consultant will produce the following deliverables:
- This task will result in Deliverable 1.1, written comments provided on a draft structure of the proposed trial monitoring methodology for monitoring corruption and organised crime trials and analysis of court decisions in such cases. The comments should focus on any gaps or deficiencies in the proposed structure regarding international standards in OCC and trafficking and ensuring that the methodology will enable effective monitoring of OCC and trafficking cases. In addition, the comments should identify and propose specific elements of the methodology related to OCC and trafficking for which the consultant should provide input. Comments on the draft structure should be provided within three working days of its receipt or as otherwise agreed with the Methodology Consultant and ODIHR Project Officer.
- This task will result in Deliverable 1.2, written input on the full monitoring methodology of trials and analysis of court decisions covering corruption and organised crime related crimes based on the approved structure and associated agreed elements where the consultant should provide input. The deadline for providing such input should be agreed between the consultant, the Methodology Consultant, and ODIHR Rule of Law team upon approval of the structure of the trial monitoring methodology. Any ODIHR comments should be addressed within 3 working days.
- This task will result in Deliverable 1.3, written comments on the final draft methodology produced by the Methodology Consultant. The consultant should closely review the methodology to ensure that it reflects international and regional standards in OCC and trafficking and that the methodology enables effective monitoring of such cases. The deadlines for comments should be agreed with the Methodology Consultant and ODIHR Rule of Law but should be provided within a maximum of three working days upon receipt of the draft methodology.
Task 2: Develop a Legal Reference Manual on regional and international standards related to OCC and trafficking. The Manual should be designed for use by the trial monitoring staff for the project working in the five OSCE FOs. The Consultant should discuss key elements of the manual with ODIHR Rule of Law and the Methodology Consultant at each stage of the process. As a result of this task, the consultant will produce the following deliverables:
- This task will result in Deliverable 2.1, a draft structure of the Manual. The draft structure should contain sufficient elements for ODIHR and the Methodology Consultant to be able to understand the content of the full manual. The draft structure of the Manual should be provided for ODIHR’s approval within two weeks of the start of the contract or as otherwise agreed with the Project Officer. Any comments received from ODIHR should be addressed within three working days.
- This task will result in Deliverable 2.2, a full Legal Reference Manual on regional and international standards related to OCC and trafficking based on the approved structure and in accordance with any other written and verbal guidance provided by the ODIHR Rule of Law team. The Manual should be provided to ODIHR in a Microsoft Word document within 20 working days of approval of the draft structure of the document or as otherwise agreed with ODIHR. Any comments received from ODIHR should be addressed within five working days.
Task 3: Provide input for the update of other trial monitoring tools to fit the TM OCC WB and reviewing draft tools. The Methodology Consultant will be responsible for developing and where appropriate adapting existing tools and templates to produce the following tools for the TM OCC WB: Code of Conduct and Guidelines for monitors and templates for trial monitoring reporting (including checklists and templates for observation of hearings, analysis of indictments, analysis of verdicts, and so on). The Standards Consultant should collaborate closely with the Methodology Consultant and agree, in consultation with ODIHR, specific elements where input is required to ensure the tools reflect international and regional standards on OCC and trafficking. As a result of this task, the consultant will produce the following deliverables:
- This task will result in Deliverable 3.1, written comments on draft structure of the tools. The comments should focus on any gaps or deficiencies in the proposed structure regarding international standards in OCC and trafficking and ensuring that the methodology will enable effective monitoring of OCC and trafficking cases. In addition, the comments should identify and propose specific tools or parts thereof specifically related to OCC and trafficking for which the consultant should provide input. Comments on the draft structure should be provided within three working days of its receipt or as otherwise agreed with the Methodology Consultant and Project Officer.
- This task will result in Deliverable 3.2, input for the tools based on the approved structure as well as agreed elements where the consultant should contribute. The deadline for providing such input should be agreed between the Standards Consultant, the Methodology Consultant, and ODIHR Rule of Law upon approval of the structure of the trial monitoring methodology. Possible ODIHR comments should be addressed within 3 working days.
- This task will result in Deliverable 3.3, written comments on the draft tools produced by the Methodology Consultant. The Standards Consultant should closely review all the tools to ensure that they reflect international and regional standards in OCC and trafficking and that the tools enable effective monitoring of such cases. The deadline for comments should be agreed with the Methodology Consultant and ODIHR Rule of Law but should be provided within a maximum of three working days upon receipt of the draft tools.
Task 4: Support ODIHR to organise a meeting with OSCE Field Operations to discuss the draft trial monitoring methodology and tools; whether the meeting will be in-person or online remains to be confirmed and will be informed by any Covid-19 travel restrictions in place at the time. Outcomes and feedback of this meeting will be incorporated into the methodology and tools. The Standards Consultant should co-ordinate closely with the Project Officer and the Methodology Consultant to develop an agenda for the meeting, prepare presentation or other appropriate materials for the meeting, and deliver presentation and/or lead relevant sections of the meeting. This task will result in the following deliverables:
- This task will result in Deliverable 4.1, a contribution to ODIHR correspondence with OSCE FOs for the organisation of meeting, contribution to the development of the agenda of the meeting.
- This task will result in Deliverable 4.2, a presentation and/or materials to present during the co-ordination meeting with the OSCE FOs, submitted to OSCE/ODIHR at least one week prior to the meeting. Any comments from ODIHR should be addressed within 3 working days.
- This task will result in Deliverable 4.3, delivered presentation during the co-ordination meeting with the OSCE FOs. The presentation should cover the OSCE trial monitoring methodology and tools for monitoring organised crime and corruption hearings and analysis of court decisions as part of TM OCC WB.
Task 5: Adjust the draft trial monitoring methodology and tools based on inputs from OSCE FOs. Following the meeting under Task 4, the Project Officer, the Methodology Consultant, and the Standards Consultant will agree on division of labour for revising the methodology and tools based on the expertise of each consultant. The consultant will provide the deliverables under this task within five working days of the meeting organized under Task 4 or as otherwise agreed with ODIHR. This task will result in the following deliverables:
- This task will result in Deliverable 5.1, agreed written contributions to a Revised Monitoring Methodology of hearings and analysis of court decisions covering corruption and organised crime related crimes based on the feedback of OSCE FOs and other project partners. The consultant will address any ODIHR comments within 3 working days.
- This task will result in Deliverable 5.2, a Revised Legal Reference Manual, and agreed written contributions to Code of Conduct and Guidelines for monitors, Template for observations of hearing, Template for analysis of court decisions, and any other tools developed for the Project based on the feedback of OSCE FOs and other project partners. The consultant will address any ODIHR comments within 3 working days.
Deliverables & indicative work plan
The Consultant will update the OSCE trial monitoring methodology and tools (reporting templates, guidelines etc.) to enable effective monitoring of organised crime and corruption cases as part of the EU-funded OSCE Project on monitoring corruption and organised crime in the Western Balkans.
- Written comments on draft structure of trial monitoring methodology to OSCE/ODIHR – three working days after receipt;
- Input to full trial monitoring methodology to OSCE/ODIHR - as agreed upon approval of draft structure, maximum fifteen working days after approval;
- Draft structure of Legal Reference Manual to OSCE/ODIHR – within ten working days from contract start;
- Legal Reference Manual to OSCE/ODIHR - within twenty working days of approval of draft structure by ODIHR;
- Written comments on outline of proposed trial monitoring tools, with suggested timeline for development and planned division of labour with the Methodology Consultant to OSCE/ODIHR – within three working days after receipt);
- Input for the full set of trial monitoring tools to OSCE/ODIHR - according to timeline agreed in outline;
- Draft presentation and/or materials for meeting - one week before meeting scheduled with OSCE FOs (Date: TBC);
- Presentation delivered - meeting day with OSCE FOs (Date: TBC);
- Revised monitoring methodology, tools, and Legal Reference Manual in accordance with agreements made during meeting. - one week after meeting with FOs (Date: TBC).
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| Necessary Qualifications |
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- First-level university degree in law, advanced degree advantageous;
- At least 10 years of professional experience related to organised crime, corruption, and/or trafficking in human beings, drugs, firearms, including in academia, adult education, international organizations, NGOs or other connected areas;
- Excellent knowledge of international and regional standards and human rights mechanisms related to corruption and organized crime, fair trial standards, and OSCE trial monitoring commitments;
- Experience with trial monitoring and/or development of monitoring tools (trial monitoring methodology or guidelines) for monitors is highly desirable;
- Good understanding of Organized Crime and Corruption issues in South-Eastern Europe;
- Proven practical experience in developing written tools, guidance materials and guidelines for practical use, and of incorporating feedback from various interlocutors;
- Good organizational and communication skills;
- Excellent written and oral communication skills in English;
- Knowledge of OSCE rules and procedures will be considered an asset;
- Knowledge of previous and ongoing trial monitoring projects in South Eastern Europe will be considered an asset;
- Ability and willingness to interact with people of different cultural, and religious backgrounds, different gender, and diverse political views, while maintaining impartiality and objectivity;
- An understanding of gender equality and ability to apply gender mainstreaming to work on human rights and democracy;
- Flexibility, ability to work under minimal supervision and deliver against tight deadlines.
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| Required competencies |
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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
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| Remuneration Package |
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Remuneration will depend on the selected consultant’s qualifications and experience and will be in accordance with OSCE established rates. The maximum total under this contract should not exceed 8800 EUR.
Consultancy period: 25 January – 1 April 2021 (precise timeframe to be confirmed later)
The number of working days envisaged for the assignment – 20
Location: Consultant’s home office, potentially also OSCE field offices
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| How To Apply |
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If you wish to apply for this position, please use the OSCE's online application link found under https://jobs.osce.org/vacancies.
The OSCE retains the discretion to re-advertise/re-post the vacancy, to cancel the recruitment, to offer an appointment at a lower grade or to offer an appointment with a modified job description or for a different duration.
Only those applicants who are selected to participate in the subsequent stages of recruitment will be contacted.
The OSCE is committed to diversity and inclusion within its workforce, and encourages the nomination of qualified female and male candidates from all religious, ethnic and social backgrounds.
Please be aware that the OSCE does not request payment at any stage of the application and review process.
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