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UNITED NATIONS OFFICE ON DRUGS AND CRIME TERMS OF REFERENCE FOR AN ASSOCIATE EXPERT FOR THE ORGANIZED CRIME AND CRIMINAL JUSTICE SECTION (OCS) INT-176-2-P111-01-V (revised Oct 2008) Title: Associate Expert Duration: 1 year (with possible extension for another year) Date required: As soon as possible Office: Division for Treaty Affairs (DTA) Treaty and Legal Assistance Branch (TLAB) Organized Crime and Criminal Justice Section (OCS) Duty Station: Vienna, Austria Area of Assignment: Legal advisory services and related activities to assist requesting States to become party to and fully implement the United Nations Convention against Transnational Organized and the Human Trafficking, the Migrants and the Firearms Protocols thereto. Supervision: Under the overall guidance of the Director of the Division and the Chief of the Branch, the Associate Expert will work under the direct supervision of the Chief, OCS. Supervision will entail work assignment, discussion and approval of time-bound work plan, regular guidance on how to accomplish work goals, routine review of work progress, review of all products, and periodic informal and formal assessment of performance. Duties, responsibilities and output expectations: The Associate Expert will provide professional support for assisting Governments in ratifying and putting into practice the United Nations Convention against Transnational Organized Crime and the Protocols related thereto (Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime; Protocol against the Smuggling of Migrants by Land, Air and Sea, supplementing the United Nations Convention against Transnational Organized Crime ; and Protocol against the Illicit Manufacturing and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime). 1 Specific tasks within this general framework will be established through the incumbent's work plan. Under the supervision of the Chief, OCS, the Associate Expert will: 1. Provide substantive support in the conduct of legal assistance activities, including: - - - - drafting of legal opinions on subjects relating to the implementation of the United Nations Convention against Transnational Organized Crime and the Protocols related thereto, and to domestic laws, policies, practices and procedures of States; preparing new or amending existing draft legislation for requesting States; elaborating on new UNODC model laws or upgrading existing ones as well as conceiving and drafting inputs to UNODC's implementation guidelines for its model legislation; conceiving and drafting inputs to UNODC's training manuals for magistrates, judges and prosecutors, and other implementation working tools such as the computer-based mutual legal assistance and extradition request writer applications; undertaking comparative legal research and preparing technical papers to help States improve their implementation efforts and strengthen relevant control mechanisms and infrastructure. 2. Provide administrative support in the conduct of legal assistance activities, including: - - - - assisting in the conduct of and accompanying senior officers during legal assistance missions; mission preparation: preparation of briefs, research and reference materials, e.g. legislation, jurisprudence, country profile; coordinating preparations with all mission stakeholders, assisting with administrative arrangements; mission follow-up: mission report preparation, settlement of draft laws and legal opinions, mission evaluation; facilitating and assisting in the conduct of legal workshops, training seminars, legal conferences and expert working group meetings: making audio-visual presentations, preparing technical papers, reference and handout documents, case studies, moot exercises, etc.; briefing participants on evaluations, trends, research results, etc.; ensuring an adequate record of proceedings; assisting in the organization of legal workshops, training seminars, legal conferences and expert working group meetings: assisting in negotiations with host country; budget development, arranging for financial support and arrangements for the meeting, preparing agendas, provide administrative support for international experts as well as participants; preparing evaluation questionnaires; preparing, participating, recording and following up on internal operational and management meetings, and generally assist in the day to day planning 2 and management. 3. Undertake, collaborate or participate in the day-to-day core work of OCS, including: - - - servicing sessions of the Conference of State Parties to the UN Convention against Transnational Organized Crime, and the Commission on Narcotics Drugs, the Commission on Crime Prevention and Criminal Justice, as well as drafting of legal assistance project documents or components thereof to UNODC country, subregional or regional projects and programmes; provide project implementation support where appropriate; drafting of technical and analytical inputs to UNODC reports to the Conference of States Parties to the UN Convention against Transnational Organized Crime and the UN subsidiary bodies such as the Commission on Narcotics Drugs and the Commission on Crime Prevention and Criminal Justice; drafting of technical, management and performance inputs to UNODC reports to the UN oversight system, donors, etc.; providing inputs to UNODC's strategic, operational and technical documentation; drafting of other reports, correspondence, background papers, briefing notes, etc. Outputs: Specific outputs will be continuously agreed upon at the beginning of each assignment as outlined above, according to the nature of assigned tasks. Qualifications, experience and competencies required: Qualifications: - advanced university degree in law. Experience: - at least two years professional experience in the field of law at national or international level. Language skills: - excellent knowledge of English or French and corresponding legal drafting ability; - knowledge of another UN language (Arabic, Chinese, Russian, Spanish) an asset. Competencies: - Core values: - Core competencies: integrity, professionalism and respect for diversity; analytical, planning and organizational skills; communication skills; teamwork; creativity; client orientation; commitment to continuous learning; technological awareness and ability to utilize them 3 effectively in applications. work, especially office computer Learning elements: After a two year assignment, the Associate Expert will have acquired sufficient expertise to advise on legal issues arising from national implementation of the United Nations Convention against Transnational Organized Crime and the Protocols related thereto, as well as the common provisions of the international drug control conventions, and the corruption, crime and terrorism instruments; provide substantive comments on relevant draft national legislation; independently organize and conduct legal training events; give presentations on a variety of legal topics relevant to transnational organized crime, trafficking in persons, smuggling of migrants, trafficking in firearms, and international cooperation and related issues; carry out substantive assessment of project proposals and technical assistance requests; draft project documents or components thereof according to UN standards and manage their implementation. Background Information: The United Nations Office on Drugs and Crime (UNODC) is established to implement the Organization's Drug Programme and Crime Programme in an integrated manner, addressing the interrelated issues of drug control, crime prevention and international terrorism in the context of sustainable development and human security. Through the Drug Programme, UNODC serves as the central drug control entity with exclusive responsibility for coordinating and providing effective leadership for all United Nations drug control activities. It serves as the repository of technical expertise in international drug control for the Secretariat of the United Nations, including the regional commissions, and other United Nations organs, as well as Member States, and in this capacity advises them on questions of international and national drug control. It acts, on behalf of the Secretary-General, in fulfilling responsibilities under the terms of international treaties and resolutions of United Nations organs relating to international drug control. It provides substantive services to the General Assembly, the Economic and Social Council and committees and conferences dealing with drug control matters. Through the Crime Programme, UNODC is responsible for activities in the field of international crime prevention and control, with special focus on strengthening regional and international cooperation in preventing and combating transnational crime, in particular organized and economic crime, money laundering, illicit trafficking in women and children, financial crimes and terrorism in all its forms. It promotes effective and fair administration of justice, with due respect for the rights of all those affected by crime and involved in the criminal justice system. It serves as the repository of technical expertise in the field of crime and terrorism prevention and criminal justice for the Secretariat of the United Nations, including the regional commissions, and other United 4 Nations organs. It acts on behalf of the Secretary-General in fulfilling responsibilities under the terms of international instruments, standards, norms and resolutions in this field. It provides substantive services to the General Assembly, the Economic and Social Council and committees and conferences dealing with crime and terrorism prevention matters. The United Nations Office on Drugs and Crime is organized into four Divisions: The Division for Treaty Affairs, the Division for Operations, the Division for Policy Analysis and Public Affairs and the Division for Management. The Division for Treaty Affairs has the primary responsibility for carrying out the normative functions of UNODC. These functions relate mainly to the fulfillment of the pertinent treaty and legal responsibilities of the Secretary-General under the terms of international drug and crime control treaties and the resolutions of the United Nations organs, as well as relevant aspects of terrorism prevention. This treaty and legal affairs "pillar" of the work of the Office is concerned with the stewardship of already established conventions in the drug abuse control area and the developm ent, promotion and implementation of new conventions in the crime control area, such as the United Nations Convention against Transnational Organized Crime and its three Protocols, as well as the United Nations Convention against Corruption. The normative programme is a central element of the UNODC's functions and comprises the bulk of the crime control and drug policy support and coordination functions mandated by the treaties and the UN General Assembly and its subsidiary organs. The normative programme fulfils and provides the legal and treaty basis for international cooperation and policy development in drug and crime control matters, from which emanates the operational programme, which provides technical assistance to requesting Governments in meeting their legal and treaty obligations and in implementing relevant United Nations policies, including the application of United Nations guidelines, standards and norms related to crime prevention and criminal justice. When fulfilling its normative functions, the Division for Treaty Affairs also provides direct assistance to Member States that seek assistance in implementing the legal aspects of the crime and drug control treaties. Such technical cooperation component, of an on-going nature, is an important contribution to and direct interaction of the Division with the operational activities of UNODC. This support, undertaken especially by the Organized Crime and Criminal Justice Section within the Treaty and Legal Assitance Branch of the Division, takes the form of expert legal advice to Member States to bring national laws and regulations into compliance with the existing United Nations conventions or on measures required to implement existing United Nations standards and norms. Legal experts in the Division develop legislative guides, model laws and legislation, best practices tool kits, software packages to assist investigators and prosecutors in developing treaty-related cases, training to legal practitioners and needs assessments. In addition, they provide training to judges and prosecutors on the drug and crime conventions and on the legislative measures required to implement the international instruments. Within the Organized Crime and Criminal Justice Section, the Legal Advisory Programme delivers its legal assistance services through a global project thereby helping States to ratify and effectively implement the international drug control 5 conventions and the common provisions of the transnational organized crime, corruption and counter terrorism instruments. The work involves strengthening criminal justice infrastructure through essential legislation upgrading, justice system training, improvement of judicial cooperation, and on-site operational support to prosecution and judicial services. The Legal Advisory Programme assists Member States, upon request, on the drafting, adoption and application of all necessary legislation, strengthens the technical and operational skills of relevant professionals in States that have adopted such legislation, and provides practical training and implementation tools, to help them do their day-to-day work. The Organized Crime and Criminal Justice Section within the Treaty and Legal Assistance Branch of the Division for Treaty Affairs provides technical and substantive services to the Conference of States Parties for the UN Convention against Transnational Organized Crime. The Corruption and Economic Crimes Section within the same Branch provides technical and substantive services to the Conference of States Parties for the UN Convention against Corruption. The two Sections, respectively, promote the ratification of these Conventions through targeted special measures and the provision of technical assistance to requesting countries, in coordination and close cooperation with the Division of Operations, which is responsible for the execution of country projects and other relevant operational activities implemented under the Global Programmes against organized crime, trafficking in human beings, corruption and money laundering. The Terrorism Prevention Branch of the Division fulfills UNODC's mandates in the field of terrorism prevention. It works in close coordination with the Counter-Terrorism Committee of the Security Council and focuses on the provision of substantive input for the work of the Committee and technical assistance to requesting countries for the ratification and implementation of the Terrorism Conventions and Protocols, in line with relevant Council resolutions. Main work elements include facilitation and/or provision of capacity-building assistance and identification and dissemination of best practices. Related technical assistance activities are carried out under the framework of the Global Programme against Terrorism. The Division for Treaty Affairs includes the secretariat for the crime and drug commissions in the Policy Support Section (PSS) and the secretariat for the International Narcotics Control Board (INCB). The Policy Support Section provides technical and substantive support to the Commission on Narcotic Drugs, the Commission on Crime Prevention and Criminal Justice, the United Nations Congresses on Crime Prevention and Criminal Justice, while the INCB Secretariat provides technical and substantive support to the INCB, all of which decide or recommend policies and norms. The Policy Support Section also organizes workshops, seminars and training events for practitioners in conjunction with commission and subcommission meetings as well as with the annual meetings of the Heads of Narcotic Law Enforcement Agencies (HONLEA). The INCB Secretariat manages the control system for licit controlled drugs and precursors, providing expert advice to Board members and to Member States. The INCB also manages three special programmes that coordinate governments efforts to combat diversions of the precursor chemicals used in heroin, cocaine and synthetic drug production. 6 Whereas the Division for Treaty Affairs is primarily responsible for the fulfillment of UNODC's normative functions, the Division for Operations and the Division for Policy Analysis and Public Affairs also undertake activities directly related to the implementation of the normative aspects of work, such as providing reporting and expertise to the governing bodies, follow-up action to their recommendations and the development and dissemination of specialized technical knowledge. Other prominent normative activities carried out by them are the work of the Laboratory and Scientific Section and the inter-agency coordination and advocacy functions of the Division of Policy Analysis and Public Affairs, as well as the many substantive functions of the Human Security Branch of the Division of Operations, including those relating to the anti-money laundering aspects of the drug, crime, and terrorism conventions. Further background information on the work of the UNODC is available at the UNODC's web site (www.unodc.org). The United Nations seeks the participation of suitably qualified female and male candidates in the work of the drugs and crime programmes. It is urged that every effort be made to locate and nominate suitable female and male candidates for the associate expert position. 7