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SUMMARY OF DUTIES AND RESPONSIBILITIES - OHCHR

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SUMMARY OF DUTIES AND RESPONSIBILITIES - OHCHR Powered By Docstoc
					TERMS OF REFERENCE

Consultant, Study titled Reparations for Conflict-related Sexual Violence

Starting date:        April 15, 2011

Duration of Contract: 60 days

Duty Station:        Home

Grade:               SSA

SUMMARY OF DUTIES AND RESPONSIBILITIES:

Under the joint supervision of UN Women and the Office of the High Commissioner for Human
Rights (OHCHR), and building on existing normative frameworks and operational guidance within
the UN system, the Consultant will undertake a commissioned study on reparations for conflict-
related sexual violence.

Specifically, the Consultant will:
a) Outline the applicable legal framework on the right to a remedy and reparations for victims of
   gross violations of human rights and serious violations of international humanitarian law;
b) Conduct a review of operational and policy guidance on reparations that currently exist within
   the UN, including reports and evaluations;
c) Conduct a review of practice to date related to reparations programmes, with a focus on
   conflict-related sexual violence. This will include state administered programmes, court
   awarded programmes, restitution programmes and other efforts relevant to fulfilling the
   reparations rights of those affected by conflict-related sexual violence;
d) Conduct an analysis of the roles and responsibilities, including financial considerations, of
   national and international actors in relations to reparations programmes benefiting victims of
   conflict-related sexual violence; and
e) Report jointly to UN Women and OHCHR in relation to the above.


BACKGROUND AND RATIONALE:

The right to a remedy and reparation for gross violations of human rights and serious violations of
international humanitarian law is enshrined in numerous international legal instruments, including
the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights,
Convention on the Elimination of All Forms of Racial Discrimination, Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, International Convention for the
Protection of All Persons from Enforced Disappearance, Convention on the Rights of the Child,
Hague Convention respecting the Laws and Customs of War on Land, Additional Protocol I to the
Geneva Conventions, and Rome Statute. The General Assembly has also reaffirmed the right of
victims to reparations in the Basic Principles on Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations
of International Humanitarian Law.

As noted in the Secretary-General’s Guidance Note on Transitional Justice, ‘[r]eparations
programmes seek to address systemic violations of human rights by providing a range of material
and symbolic benefits to victims.’ Reparations can provide an important acknowledgement of a
wrong inflicted upon victims, a reassertion of the rights of the individual victim, and practical
means to redress the impact of the crime to the extent possible.

Victims of conflict-related sexual violence are invariably amongst those most in need of measures
to redress the consequences of the harm suffered. The physical and mental impact of the original
violation is aggravated by the stigma attached to it. Victims may be rejected from their families or
communities, left without a social support system and vulnerable to extreme poverty. They may be
suffering trauma, have violation-related medical needs such as treatment for sexual diseases or
fistula surgery, or may be pregnant or raising a child as a result of the rape. The violation itself
leads to specific harms that are different from the consequences of other gross violations of human
rights.

Practice in delivering reparations for conflict-related sexual violence however is nascent and
uneven. Challenges of confidentiality in identification and receipt of reparations, different
evidentiary standards, and different needs for ‘repair’ are just some of the ways in which
reparations for sexual violence requires specific and unique guidance.

Reparations are a legal obligation incumbent on the responsible individual or State. The study will
also analyze the role of other actors, including the international community, in supporting the
fulfillment of this right. The review of roles and responsibilities will include the issue of resourcing
of reparations programmes, a critical area which leads to the non-implementation or failure of
reparations programmes to have the justice and recovery impact intended.

DETAILED DUTIES AND RESPONSIBILITIES:

1. Commissioned Study

The Consultant will:
a) Outline the applicable legal framework on the right to a remedy and reparations for victims of
gross violations of human rights and serious violations of international humanitarian law.

b) Undertake a review of operational and policy guidance on reparations as well as practice to date
across a range of reparations programmes with a focus on conflict-related sexual violence. This will
include state administered programmes, court awarded programmes, restitution programmes and
other efforts relevant to fulfilling the reparations rights of those affected by conflict-related sexual
violence; and

c) Look specifically at the question of roles and, responsibilities in relation to reparations
programmes, including resourcing. This will cover, inter alia, the role of national actors and the
international community. It will involve a review of existing practice as well as developing
recommendations on future practice in this area.

2. Deliverables
a) The Consultant will prepare a written report setting out the findings of the Commissioned Study
   and will supply the report to UN Women and OHCHR. The draft of this Report will be presented
   to UN Women and OHCHR 45 days from the start of this contract. UN Women and OHCHR will
   provide comments and feedback to the Consultant. The consultant will then integrate that
   feedback and present the final Report to UN Women and OHCHR. In preparation of the Report,
   the Consultant will submit an annotated outline to UN Women and OHCHR for comments within
   15 days from the start of the contract.

3. Remuneration

Remuneration will be determined commensurate with the Consultant’s level of experience.


QUALIFICATIONS

Academic background: Advanced University degree (Masters Level) in law preferred. Candidates
with an advanced degree in social sciences, political science/ international affairs (i.e. international
development studies, gender/women’s studies) or a related technical field, with specific expertise
in human rights, transitional justice, and reparations may be considered.

Technical expertise:      Knowledge of international human rights law, rule of law programming,
                          including transitional justice notably in post-conflict contexts. Knowledge
                          of mechanisms for preventing SGBV through rule of law responses.
                          Experience in providing technical advice/capacity building on rule of law
                          issues.

Work experience:          Minimum 10 years’ experience in the one of these fields: Rule of
                          Law/human rights, transitional justice.

Skills necessary:         Excellent legal analysis. Excellent writing and communication skills.

Languages:                Fluency in English is required. Knowledge of other UN official languages
                          will be considered an asset



Interested candidates should send a copy of their Curriculum Vitae and covering letter to:
vibrga@ohchr.org or nahla.valji@unwomen.org by 31 March 2010

				
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