Position Title: Diaspora Engagement: Transnational Identity & Rights – Legal Consultancy for GDS
Duty Station: Home based
Classification: Consultant, Grade Other
Type of Appointment: Consultant, three months
Estimated Start Date: As soon as possible
Closing Date: 20 February 2022
Established in 1951, IOM is a Related Organization of the United Nations, and as the leading UN agency in the field of migration, works closely with governmental, intergovernmental and non-governmental partners. IOM is dedicated to promoting humane and orderly migration for the benefit of all. It does so by providing services and advice to governments and migrants.
Nature of the Consultancy
In 2013, IOM organized the first ever International Diaspora Ministerial Conference in Geneva within the Framework of its International Dialogue on Migration. The event brought together over 500 participants including 55 Ministers and high-level government officials, 143 country delegations and representatives of academia, diaspora organizations, civil society, media, and private sector from around the world. This unique opportunity to share experiences, best practices, and lessons learned was organized in the lead up to the High-Level Dialogue on International Migration and Development that same year and to feed the debate on the role of migration in the post-2015 development agenda.
Since then, there have been many developments in the field of multilateral migration governance and development not least of which the adoption of the 2030 Agenda on
Sustainable Development – the first global agreement of its kind that has recognized the positive role good migration governance (SDG 10.7) can have in supporting sustainable development outcomes. Further, in 2018, the UN General Assembly endorsed the Global Compact for Safe, Orderly and Regular Migration (GCM), which is the first comprehensive UN framework adopted through inter-governmental negotiations to enhance international cooperation in global migration governance. The GCM’s multi-dimensional notion of cooperation highlights that no state can develop its approaches to migration in isolation, placing an emphasis on whole-of-government and whole-of society approaches, as well as stressing that cooperation should take place at all levels – local, country, regional and global. The GCM also firmly set in place processes for follow-up, implementation and review including an International Migration Review Forum to be organized every four years beginning in 2022, and quadrennial regional reviews beginning in 2020.
The GCM took a 360-degree view on migration and human mobility outlining 23 objectives covering all dimensions of international migration in a holistic and comprehensive manner, including Objective 19 “Create conditions for migrants and diasporas to fully contribute to sustainable development in all countries.” While most of the GCM objectives have received visibility through the reviews but also through various global initiatives – e.g., Objective 20 on remittances, Objective 5 and 6 on labour migration, ethical recruitment, and Objective 10 on counter trafficking, Objective 19 has received less attention.
There is therefore a need to generate global awareness and visibility of the critical role migrants and diasporas play in the sustainable development of their countries of origin and destination, beyond remittances, as captured in Objective 19 of the GCM ahead of the International Migration Review Forum in 2022, in order to ensure that this policy area gets its due consideration among politicians and practitioners alike. IOM, as Coordinator of the UN Network on Migration proposes to organize a Global Diaspora Summit to assist States in taking stock of their own and their partners’ achievements vis-à-vis Objective 19 as a contribution towards the International Migration Review Forum in 2022, as well as continue the meaningful and structured dialogue with diaspora and transnational communities which was launched during the GCM negotiations on the basis of the platform iDiaspora.org.
The Global Diaspora Summit 2022 aims to follow up on the precedent set by the Global Diaspora Ministerial Conference in 2013 to once again highlight at the highest political level the profile of the important role of transnational communities as agents and accelerators of sustainable development. The Summit will give the opportunity to attendees to once again stress at highest political level the importance of engaging with transnational communities as well as learn about new tools and effective approaches to engage, enable and empower their diasporas to become agents for development that have emerged since 2013. As a result, the information and approaches discussed and shared during the Summit will be submitted as a contribution towards the first International Migration Review Forum (IMRF) of the GCM scheduled to take place in the first half 2022.
Migrants retain socio-economic and cultural links in more than one country with the transnational nature of their lifestyles becoming a core of their identity. The impact of this transnational identity needs to be taken into considerations while normative frameworks and policies are developed within countries of origin or destination, including those which affects the legal identity, social security, economic rights etc. of diaspora communities. Protection, promotion and advancement of the rights of individuals belonging to diaspora communities must reflect a more nuanced understanding of the multiple affiliations of diaspora communities and their identity that emanates therefrom. Adapting normative and policy frameworks to reflect this is essential in ensuring effective diaspora engagement and promoting diaspora participation in the socio-economic life of both countries of origin and destination. IOM’s Strategic Vision and Legal Identity Strategy recognizes the impacts of that transnational identity on legal identity and rights, and emphasizes on the need for policies to reflect this understanding.
The aim of the consultancy is to contribute to the conversations on engagement with diaspora communities by identifying good practices in countries of origin and destination, that identify and give due consideration to transnational identities in the development of normative and policy frameworks concerning diaspora communities.
The consultant will support the International Migration Law team in analyzing the legal frameworks around the globe that regulates diaspora engagements, particularly wherein understanding of transnational identities are reflected in normative and policy frameworks. The consultant will draft a report on the above analysis for the Global Diaspora summit and which will further contribute towards the IMRF, 2022.
Project Context and Scope
Objective: The consultant will undertake an analysis of the legal frameworks in the area of diaspora engagement in countries of origin and destination, with a particular focus on regulations related to transnational identity of diaspora communities, particularly legal identity and, political and socio-economic rights emanating therefrom. The consultant will identify case study countries for a study of the legal frameworks and identify good practices and prepare a report on the basis of the same. The scope of the work includes:
a) Analyze the various legal or policy definitions attributed to “Diaspora” within the international, regional and national frameworks, to identify common denominators;
b) Analyze the scope of rights (political, social and economic rights) provided to individuals from diaspora in their countries of origin, specifically examining legal identity, documentation and rights devolving therefrom;
c) Analyze the good practices for diaspora engagement, codified in national legal frameworksthat gives due consideration to the transnational identity of diaspora communities;
d) Draft a final report for the Global Diaspora Summit, based on the above analysis and recommendations for solutions that could be adopted for sustainable engagement with diaspora communities.
Core Functions / Responsibilities:
Tasks to be performed under this contract
a) Review existing literature on the definition of “Diaspora” within international, regional and national (countries of origin and destination), legal and policy frameworks, to identify the common denominators utilized to define the term and any gaps in the definition vis a vis transnational identities.
b) Identify 5 case study countries from each region (Asia, Africa, Europe, Americas), withextensive legal and policy framework for diaspora engagement.
c) Analyze the scope of rights (subject to final identification of political, social, economic rights)available to individuals from diaspora under these frameworks, with a specific focus on documentation, legal identity, citizenship and residency rights and rights devolving therefrom (e.g., economic rights for diaspora investment, property rights, etc.).
d) Analyze the good practices adopted by Governments, specifically codified within nationallegal frameworks or regional frameworks, that take into account the transnational identities of diaspora communities and provide for comprehensive set of rights.
e) In coordination with the International Migration Law Unit, draft a report based on the aboveanalysis, and proposing recommendations for solutions that could be adopted widely for sustainable engagement with diaspora communities that takes into account the evolving transnational identities. Of particular focus should be actions relating to joint approaches between countries of origin and destination, given the transnational nature of diaspora communities.
f) The report will be presented at the Global Diaspora Summit and will also feed into further analysis and recommendations for the International Migration Review Forum (IMRF) of the GCM scheduled to take place in May 2022.
Partners and IOM colleagues will provide inputs in all the background and outcomes documents. The consultant/group of consultants will need to include this feedback.
Performance indicators for evaluation of results
- Identify 5 case study countries, along with the specific political and socio-economic rights to be analyzed, in coordination with the IML and LMI teams. (16 February 2022)
- Analyze the definition of diaspora and legal frameworks of 5 case study countries and submit first draft of the report. (2 March 2022)
- Submit final draft of the report for publication review. (11 March 2022)
- Incorporate review comments and inputs. (26 March 2022)
• Timely delivery of drafts and deliverables as indicated in this ToR.
• Quality of the elaborated analysis and effective incorporation of the feedback and review provided by IOM (the review for each deliverable shall not exceed two rounds of feedback).
• Periodic and regular updates on the progress of the mapping and analysis provided to IOM.
• Compliance with the IOM Data Protection Principles; IOM Guidelines on Research Report Writing; IOM House Style Manual; and IOM Spelling List.
Required Qualifications and Experience:
Education, experience and/or skills required
• Master’s degree in law from an accredited academic institution with five years of relevant professional experience; or
• University degree in the above fields with seven years of relevant professional experience.
• At least five years of work experience (for those with a master’s degree and seven years in case of a university degree) in migration-related policy development and implementation, comparative legal analysis, and/or research, with a specific experience in diaspora engagement; • Previous experience in undertaking research and analysis of legal frameworks preferably with a specific focus on diaspora engagement.
• Good knowledge of international migration law standards, UN human rights instruments, andother relevant branches of international law;
• Understanding of migration processes and trends and policy contexts of relevance to diaspora engagement, in particular relating to the countries and regions;
• Excellent time management skills and ability to produce outputs as per agreed deadlines;
• Proficiency in English and good analytical and drafting skills.
IOM’s official languages are English, French, and Spanish.
For this consultancy, fluency in English is required (oral and written).
Proficiency of language(s) required will be specifically evaluated during the selection process, which may include written and/or oral assessments.
The consultant must adhere to the International Organization for Migration (IOM) Data Protection Principles (IN/138) and maintain confidentiality.
The consultant will be responsible to follow IOM writing guidelines and latest glossaries in all given assignments for accurate translation.
Accredited Universities are the ones listed in the UNESCO World Higher Education Database (https://whed.net/home.php).
Values – all IOM staff members must abide by and demonstrate these three values:
• Inclusion and respect for diversity: respects and promotes individual and cultural differences; encourages diversity and inclusion wherever possible.
• Integrity and transparency: maintains high ethical standards and acts in a manner consistent with organizational principles/rules and standards of conduct.
• Professionalism: demonstrates ability to work in a composed, competent and committed manner and exercises careful judgment in meeting day-to-day challenges.
Core Competencies – behavioural indicators
• Teamwork: develops and promotes effective collaboration within and across units to achieve shared goals and optimize results.
• Delivering results: produces and delivers quality results in a service-oriented and timely manner; is action oriented and committed to achieving agreed outcomes.
• Managing and sharing knowledge: continuously seeks to learn, share knowledge and innovate.
• Accountability: takes ownership for achieving the Organization’s priorities and assumes responsibility for own action and delegated work.
• Communication: encourages and contributes to clear and open communication; explains complex matters in an informative, inspiring and motivational way.
IOM’s competency framework can be found at this link.
Competencies will be assessed during a competency-based interview.
• The appointment is subject to funding confirmation.
• Appointment will be subject to certification that the candidate is medically fit for appointment, accreditation, any residency or visa requirements, and security clearances. Subject to certain exemptions, vaccination against COVID-19 will in principle be required for individuals hired on or after 15 November 2021. This will be verified as part of the medical clearance process.
• Vacancies close at 23:59 local time Geneva, Switzerland on the respective closing date. Nolate applications will be accepted.
How to apply
Interested candidates are invited to submit their applications via PRISM, IOM e-Recruitment system, by 20 February 2022 at the latest, referring to this advertisement.
IOM only accepts duly completed applications submitted through the IOM e-Recruitment system. The online tool also allows candidates to track the status of their application.
Only shortlisted candidates will be contacted.
For further information please refer to: www.iom.int/recruitment
From 14.02.2022 to 20.02.2022
IOM does not charge a fee at any stage of its recruitment process (application, interview, processing, training or other fee). IOM does not request any information related to bank accounts.
Requisition: CON 2022 05 – Consultant – Diaspora Engagement: Transnational Identity and Rights – Legal
Consultancy for Global Diaspora Summit (GDS) – Homebased (57416460) Released