EU expert on human rights and international humanitarian law

Job
from Nonviolent Peaceforce
Closing date: 23 Oct 2019

TERMS OF REFERENCE of the EU expert on human rights and international humanitarian law in the international monitoring team

1.BACKGROUND…………………………………...………………….…………2

2.1. Overall Objective...................................................................................... 2

2.2. Purpose.................................................................................................... 2

2.3. Results to be achieved by the Consultant................................................... 2

2..... OBJECTIVES AND SPECIFIC RESULTS ............................................. 3

2.1. Overall Objective...................................................................................... 2

2.2. Specific Objective..................................................................................... 2

2.3. Results to be achieved by the EU expert.................................................... 2

3..... SCOPE OF THE WORK........................................................................... 3

3.1. Specific Activities..................................................................................... 3

3.2. Geographical Areas................................................................................... 4

4..... LOGISTICS AND TIMING....................................................................... 5

4.1. Location................................................................................................... 5

4.2. Commencement date & Period of implementation of tasks......................... 5

4.3. Transportation.......................................................................................... 5

4.4. Accomodation.......................................................................................... 5

  1. REQUIREMENT………………………………………………………………5

1. BACKGROUND

In recognition in its support in advocating a renewed dialogue, the Moro Islamic Liberation Front (MILF) and Government of the Philippines (GPH) (referred to as "the Parties") invited the European Union (EU) to take part in the International Monitoring Team (IMT) with a letter on 9 December 2009. The EU initially deployed two experts, one for Human Rights and International Humanitarian Law. The IMT mandate has been renewed every year and most recently until March 2020.

In 2015, The EU proposed to deploy a new Human Rights Expert to the IMT, who would take charge of the Humanitarian, Rehabilitation and Development and Civilian Protection components, de facto merging those two components.

The Parties agreed to retain and continue the operations of the Humanitarian, Rehabilitation and Development Component (HRDC) under the IMT during the Implementing Peace Panels meeting in Kuala Lumpur, Malaysia on 29 April 2019. They furthermore agreed that the Civil Protection Component should not be part of the IMT anymore.

As a result, the EU has proposed to continue to field one EU Expert with the HRDC, who will focus on monitoring and reporting on Human Rights and International Humanitarian Law issues.

2. OBJECTIVES & EXPECTED RESULTS

2.1. Overall objective

The overall objective of the assignment is as follows:

To support the renewed peace process in the southern Philippines by promoting respect by the parties for their commitments to International Human Rights and Humanitarian Law with a view to ultimately bringing about lasting peace, security and development to the peoples of Mindanao.

2.2. Specific Objective

The specific objective of this assignment is as follows:

To carry out the mandate of the EU in the HRDC of the IMT with a focus on the aspects related to Human Rights and International Humanitarian Law as identified in the following Article V, a, which states: Monitor the observance of international humanitarian law and respect for human rights and as identified in the HRDC Guidelines agreed between the Parties on 7 December 2011 (attached in annex).

2.3. Results to be achieved by the EU expert

The results to be achieved by the EU expert, in close coordination, complementarity and mutual support with the other components of the IMT:

· To assure the effective implementation of the core tasks and associated tasks set out in the aspects of the HRDC Guidelines agreed between the Parties on 7 December 2011 with specific reference to Human Rights and Humanitarian Law aspects (attached in annex).

· To coordinate, in the execution of the mandate and as far as feasible, with other organisations.

· To encourage other third Parties and/or civil society groups to assist, under a system of accreditation by the Panels, in the monitoring processes.

1. SCOPE OF THE WORK

3.1 Specific activities

a) Monitoring

The EU expert will:

- Determine, in close coordination with the other members of the IMT, the Parties, and other concerned agencies which geographic and thematic areas will be the main focus of monitoring;

· Information gathering

From headquarters in Cotabato City and through regular travel to the field in the above-indicated areas of coverage of the IMT, the expert will collect the necessary information by:

  • Maintaining close and continuous contact with the organization involved in civilian protection activities which have deployed a significant number of field monitors and therefore retrieve a significant amount of information;

  • Conducting field monitoring to establish his/her own contact with the affected populations as a primary source of information;

  • Establishing contact with secondary sources of information of information including key informants amongst the parties, armed groups, the media, academia, civil society, religious groups, and humanitarian organisations, in particular the ICRC and Mindanao Humanitarian Team (MHT) coordinated by UNOCHA;

  • Reviewing available reports and other publications as a third source of information.

· Analysis of the information and data collected

The expert will:

  • Identify specific cases of violations and abuses;

  • Link these violations and abuses to the relevant "non-derogable" rights of humanitarian and human rights law, but also at selected "derogable" human rights;

  • Determine the responsibility of the parties for confirmed violations and abuses by identifying the party accountable, by assessing the nature of the responsibility (failure of preventing, stopping, remedying or redressing a violation or abuse), and by assessing the level of responsibility (intentional or unintentional; an act of commission or omission, etc.);

  • On the basis of this analysis of specific cases, draw up and continuously update a database to provide an overall picture of the nature, pattern and scope of the violations and abuses faced in the concerned areas.

In all of the above the experts will show due awareness of the work already undertaken by other organisations, such as the ICRC.

· Assessment

The expert will:

  • Evaluate the overall progress made by the parties towards greater respect, protection and fulfilment of humanitarian and human rights looking at changes in the actions of responsible authorities and agencies as well aschanges in the daily lives of civilian communities;

  • Assess the commitment of the parties in terms of capacity and willingness to address these violations and abuses.

· Reporting

In terms of reporting, the EU expert will:

  • Contribute, under the supervision of the IMT Head of Mission (HoM), to the drafting of the monthly report of the IMT to the Peace Panels on activities and developments relating to human rights and IHL;

  • Report directly to the Parties, together with the IMT HoM, when requested to attend a special executive session;

In doing so, the EU expert will, acting through the Head of the IMT:

  • Report on specific cases and overall pattern of violations and abuses;

  • Report on the measures taken by each party to address specific cases of violations and abuses;

  • Call on the parties to adopt corrective measures to prevent, put and end and deal with the consequences of specific violations and abuses;

  • Report on the assessment of the commitment and progress made by the parties in respecting, protecting and fulfilling humanitarian norms and human rights;

  • Provide recommendations to the parties on approaches to be adopted and/or measures to betaken individually or collectively to help them improve overall respect and observance of humanitarian and human rights law.

  • In no cases is the EU expert to report on his/her tasks without having consulted the IMT HoM.

b) Confidence building

So as to contribute to the confidence-building dimension of the IMT, the EU expert will, with the agreement of the Head of the IMT:

  • Make sure to provide each party with regular feedback on their respective compliance with their commitments and their respective efforts towards achievement them;

  • Contribute to controlling and counteracting ill-intentioned dissemination by spoilers of the peace process of wrong information on the HR and IHL obligations of the Parties ;

  • Promote the appropriate dissemination of their positive findings, analyses and assessments on the implementation of the parties' agreements and commitment to the grass-root level in a top-down approach to ensure maximum buy-in from the affected populations;

  • Promote the appropriate dissemination of their findings, analyses and assessments at the grass-roots level to the peace process stakeholders in a bottom-up approach to promote a better understanding by the parties of the impact of the conflict on affected populations;

  • Reach out to other third parties and/or civil society organisation and encourage them to support and assist in the monitoring process;

  • Undertake any advocacy and information activities in support of the ceasefire and other programs approved by the HoM in close coordination with the Peace Panels and the Ceasefire Committees.

3.2. Geographical area to be covered

The expert will be posted in the IMT mission Headquarters in Cotabato City, Mindanao with frequent travel within the areas of coverage of the IMT. Some travel to Manila is also to be foreseen to debrief the EU Delegation on matters agreed with the the IMT HoM.

3.3 Scope of the assignment

The predominant scope of the work of the EU Expert shall pertain to the GPH-MILF ceasefire and the obligations of GPH and MILF towards Human Rights and International Humanitarian Law. However, shall violations and/or abuses occur in the territory specified under 3.2 and have somewhat a link to the peace process between the two parties (ridos or violations perpetrated in the course of conflict between government and lawless elements), then the EU Expert, upon permission and guidance of HOM, shall perform his/her functions as described above.

2. LOGISTICS AND TIMING

4.1. Location

The location of execution of the assignment will be Cotabato City and other areas of Mindanao as well as Manila.

4.2. Commencement date & Period of implementation of tasks

The date for commencing implementation shall be October 1st and not later than October 31st 2019.

4.3. Transportation

The EU expert will be provided with a vehicle and driver for the execution of his/her assignment. The vehicle is intended to support the EU expert alone. Any derogation to this stipulation has to be discussed with the EU Delegation in Manila, the EU expert and the HoM.

4.4. Accommodation

The EU expert will be provided accommodation in Cotabato City, either outside of the IMT headquarters or within, dependent upon availability.

3. REQUIREMENTS

Humanitarian and human rights law specialist

Qualifications and skills

· Masters-level university degree in international humanitarian law, international human rights law, or international criminal law or related field

· Excellent command of English (knowledge of Philippine languages would be an asset)

· Computer literacy

· Excellent diplomatic, communication and inter-personal skills

General professional experience

· Minimum 7 years of experience in Human Rights and IHL, especially in the field

Specific professional experience

· Good experience in the design and implementation of monitoring systems in relation to HR/IHL

· Knowledge of procedures of managing projects of the European Commission

· Experience of cooperation with state authorities, international organisations, and non-governmental organisations

· Previous experience in the Asian region would be an asset

This documented is intended as a working document internal to the IMT. In case of disputes, the signatories of this document will be guided by the official Terms of reference of the IMT and by a sense of cooperation and common purpose.

How to apply:

HOW TO APPLY:

  • Qualified candidates meeting the above requirements are requested to send an application comprising a detailed CV and cover letter to hrm-npp@nonviolentpeaceforce.org
  • Please state in the subject line of the email: “EU Expert”.
  • The closing date for applications is Wednesday, 23 October 2019.
  • Candidates may be identified before the closing date.