International Organization for Migration (IOM)
Closing date: 30 May 2009
Location: Zimbabwe – Harare

IOM is currently looking for an International Migration Law Consultant according to the Terms of Reference
below. Interested candidates are invited to submit their applications by 30 May 2009 at the latest, referring to
this advertisement.

TERMS OF REFERENCE

Functional Title: International Migration Law (IML) Consultant
Duty Station: Harare, Zimbabwe
Duration of the assignment: Six (6) months (June 2009 ? November 2009)

INTRODUCTION

Under the project ?Strengthening legislation and institutional structures for migration management/technical support to the Government of Zimbabwe,? IOM Harare is supporting the government in strengthening its migration management system including legislation and the institutional framework.

The project stems out of the recognition by IOM that migration is an essential and inevitable component of the economic and social and political life of every state and that The Government of Zimbabwe has identified migration as a national development priority.

In Zimbabwe, migration is currently regulated by the Immigration Act, the constitution of Zimbabwe, Citizenship Act, and other scattered related regulations. Although the Zimbabwean legal basis seems comprehensive in some areas, it still fails to incorporate the philosophy of the ?migration for development? of the New National and Development Policy (in the process of being approved) and international standards related to protection and respect of migrant rights. Therefore, there are still gaps and inconsistencies in the legislation that needs to be address and administrative and institutional weaknesses that in conjunction with the legislation create difficulties in meeting the goals set up by the government in the new policy as well as the necessary international standards.

In that regard IOM is calling for an expression of interest for a consultant to conduct a Gap Analysis to identify legislative and institutional practices concerning migration in Zimbabwe and to ascertain to what extent the legal and institutional framework in place meet the expectation of the new Migration and Development Policy which is currently being approved. In this context the following aspects should be examined:

- the legal basis, including signed and ratified international treaties;
- institutional structures within the relevant Ministries and at the local level;
- administrative capacity and where relevant, training needs; and
- current practice and implementation of legislation.

A report should be produced with recommendations for development of new legislation and or revision of existing legislation.

The consultancy will take place for a period of six months and the consultant will be working with a team of national lawyers.

DUTIES AND RESPONSIBILITIES

Under direct supervision of the IML project manager and in coordination with United Nations Development Programme (UNDP), and Government of Zimbabwe, the IML Consultant will be responsible for conducting a gap analysis and legislation review to identify legislative and institutional practice concerning migration management in Zimbabwe, to ascertain to what extent the existing legal and institutional framework in place meet the requirements of the new policy being approved, as well compliance with the applicable principles of international human rights, refugee, humanitarian, migrant workers, the special needs of women and children, elderly, disabled and transnational organized crime laws. Regional instruments shall also be taken in consideration.

The consultant will have the following responsibilities:

1. Conduct a gap analysis with the aim of identifying gaps and inconsistencies in the Zimbabwean immigration legislation, practice and institutional capacity and recommendations to meet new Migration Policy demands and international standards regarding human rights and migrant rights protection focusing on:

i. Examining the Zimbabwean legislation and practice including:
- the legal basis, including signed and ratified international treaties (regional standards, human rights, protection of the rights of migrants, including the gender dimension);
- institutional structures within the relevant ministries and at the local level;
- administrative capacity and, where relevant, training needs; and
- current practice and implementation of legislation.

The assessment should be conducted within the context of the National Strategy for Migration and international
standards.

2. Identify best practices at international and at regional level used in migration management.
3. Conduct a case study of selected countries that benefited from migration management schemes with a particular focus on their institutional and legal frameworks.
4. Conduct study visits in order to achieve the aforementioned objectives.
5. Conduct meetings with relevant stakeholders ranging from government institutions including ministries, civil society bodies and business representatives.
6. Submit a consolidated report on the assessment and recommendations.

DESIRABLE QUALIFICATIONS

Qualifications and Experience:

a) Post graduate university degree in law; b) at least 10 years in research of which at least 5 years must be with international law, human rights law and/or development issues; c) excellent understanding of migration issues; d) previous working experience with governmental or international organizations is an added advantage.

Competencies:

a) Strong analytical writing skills; b) experience and proven competence in liaising with government authorities as well as with international institutions, NGOs and academia, preferably within the Zimbabwean context; c) ability to lead and work with a team; d) ability to work in a varied culture and professional background environment.

Languages: Thorough knowledge of English.
How to apply
Mode of Application:
Interested candidate(s) should submit a cover letter and CV to:
Shorai Pazvakavambwa
H.R. and Administrative officer,
IOM, Harare office
Email: spazvakavambwa@iom.int
Office: + 263 336849/6916/6899
Fax: + 263 335055