Consultant for Legal Assessment on Border Management

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Position Title: Consultant for Legal Assessment on Border Management
Location: Maputo
Country: Mozambique
Deadline Date:

Job Details

Job Posting Organization:
The organization is focused on immigration and border governance, particularly in the context of community engagement and policing. It aims to enhance the legal frameworks and operational procedures governing border management between Mozambique and Malawi, ensuring alignment with regional protocols and international agreements. The organization collaborates with various stakeholders, including governments and international bodies, to facilitate effective border management and trade facilitation.

Job Overview:
The consultant will be responsible for conducting a comprehensive legal assessment of the border management frameworks between Mozambique and Malawi. This role involves examining the existing policy and legal frameworks that govern mobility, trade facilitation, data management, and data protection. The consultant will also analyze relevant legal and technical frameworks in alignment with regional protocols, such as those from the Southern African Development Community (SADC) and the African Continental Free Trade Area (AFCFTA). The consultant's work will include consultations with key stakeholders to provide a thorough overview of the technical, institutional, operational, and legal procedures necessary for the conceptualization and implementation of a mobile border pass system. The final outcome will be a detailed report that outlines the legal basis for the mobile border pass system and ensures compliance with national policies in both countries.

Duties and Responsibilities:

• Conduct a comprehensive legal assessment of the border management frameworks between Mozambique and Malawi, focusing on mobility, trade facilitation, data management, and data protection.
• Establish an assessment coordination-team" style="border-bottom: 1px dotted #007bff !important;">coordination team to oversee the assessment process.
• Develop a detailed work plan outlining the timeline and necessary actions to complete the assessment.
• Design a structured methodology for the assessment.
• Conduct a desk review of relevant legal frameworks and perform field visits to understand border dynamics.
• Engage with a junior partner from each country to ensure national context is considered.
• Organize a workshop with stakeholders to present findings and gather feedback.
• Prepare and submit a final report that includes an analysis of legal identity documentation among border communities, a review of existing mobile border pass arrangements, and recommendations for operationalizing the bilateral agreement between Mozambique and Malawi.

Required Qualifications:

• Comprehensive understanding of regional protocols and policies, including those from Regional Economic Communities (RECs), SADC, and AFCFTA.
• At least five years of legal practice with experience in law" style="border-bottom: 1px dotted #007bff !important;">international law, particularly in institutional and administrative law of international organizations.
• Knowledge of local and international laws regarding the treatment of migrants in cross-border areas.
• Experience in analyzing legal instruments, drafting legal documents, and ensuring compliance in border-related fields.
• Familiarity with World Bank projects and protocols.
• At least 10 years of proven experience in providing legal advice and assessments to governments.
• Proven experience in engaging with government stakeholders and facilitating meetings to draft and review legal documents.
• Understanding of the governmental structure, political system, and legislation of Mozambique and Malawi.
• Proven knowledge of the correlations between migration and trade, as well as security" style="border-bottom: 1px dotted #007bff !important;">security and border management systems.

Educational Background:
A Master's degree in international law or Political Science from an accredited academic institution is required for this position. This educational background is essential for understanding the complex legal frameworks and policies that govern border management and migration.

Experience:
The consultant is expected to have a minimum of ten years of experience in legal practice, particularly in providing legal advice and assessments to governments. This experience should include a comprehensive understanding of international law, institutional law, and administrative law as it pertains to international organizations. Additionally, the consultant should have at least five years of experience specifically related to border management and human mobility, demonstrating a strong ability to analyze legal instruments and draft relevant legal documents.

Languages:
Fluency in English is mandatory for this position, as the consultant will be required to communicate effectively with various stakeholders and produce reports in English. Proficiency in Portuguese is considered an advantage, as it will facilitate communication with local stakeholders in Mozambique and enhance the consultant's ability to engage with the legal frameworks in both Mozambique and Malawi.

Additional Notes:
The position is expected to be a consultancy role with a defined contract duration. The consultant will work full-time during the assessment period, which includes various deliverables such as inception reports, desk reviews, workshops, and final reports. The consultant will be expected to engage with both national and international stakeholders, ensuring that the assessment aligns with the broader goals of border management and trade facilitation in the region. Compensation and benefits will be discussed during the hiring process.