Poland: Expert / Lead Drafter for the Joint OSCE/ODIHR-Venice Commission Guidelines on Freedom of Association
Country: Poland
Closing date: 12 Sep 2013
Background:
The Legislative Support Unit (LSU) is tasked with providing legislative assistance to OSCE participating States, and reviewing, upon request, legislation and draft legislation to ensure compliance with OSCE human dimension commitments.
In addition to the preparation of legal reviews, the ODIHR, in cooperation with the Council of Europe’s Commission for Democracy through Law (Venice Commission) have in the past prepared joint guidelines on specific types of legislation, namely laws regulating freedom of peaceful assembly (2nd ed. 2010), political parties (2010) and freedom of religion or belief (2004). These guidelines offer advice and expertise in these areas of law, and are based on universal and regional treaties relating to the protection of human rights and fundamental freedoms – all recognized by OSCE participating States in their human dimension commitments – and on evolving state practice (as reflected, for example, in the judgments of national and international courts and the commitments of intergovernmental bodies), and the general principles of law. All of the above joint guidelines have so far proven to be useful tools to enhance knowledge on how to legislate on the above subject matters in a manner that is compliant with international standards and commitments, and to enhance awareness of the above rights in general.
On 4 March 2013, the President of the Venice Commission sent a letter to the Director of the ODIHR, in which the CoE/Venice Commission officially invited ODIHR to join the process of drafting Guidelines on Freedom of Association.
In more detailed discussions with the Venice Commission on the modalities of preparing such Guidelines, it was agreed that a joint working group would be formed, which would involve three experts from the Venice Commission, and three ODIHR experts, as well as a lead drafter responsible for collecting input and drafting the Guidelines. Following the determination of the scope and intended contents of the Guidelines, the lead drafter will prepare a first concept paper on the drafting of the Guidelines. The members of the working group will proceed to conduct research on different aspects of freedom of association, which will then be discussed, and incorporated into the ongoing drafting process of the Guidelines by the team leader. In the course of preparing the Guidelines, the working group will meet up to six times in either Warsaw or Paris, and its members, including the lead drafter, will take part in special events on specific topics relating to freedom of association, all of which will inform the process of drafting the Guidelines. The Guidelines should ideally be ready for adoption at the October 2014 plenary session of the Venice Commission.
To participate in and assist the joint Expert Working Group, the Legislative Support Unit requires the services of an experienced human rights and freedom of association expert to take on the role of the lead drafter responsible for drafting the Joint OSCE/ODIHR-Venice Commission Guidelines on Freedom of Association, based on input from the other working group members.
The anticipated timeframe for the project is 9 September 2013 – 30 September 2014. The consultant is expected to work from home, and travel to Warsaw and Paris. OSCE/ODIHR will cover travel to and accommodation during working group meetings, as per OSCE rules and regulations.
Tasks and Responsibilities:
Under the supervision of the Chief of the Legislative Support Unit, the Expert will:1) Have overall responsibility for drafting the Joint OSCE/ODIHR-Venice Commission Guidelines on Freedom of Association, more specifically:a) draft an initial concept paper outlining the main contents and stages of the process of preparing the Guidelines, complete with a tentative timeline, and submit it to the Working Group members, the Chief of the Legislative Support unit, and key Venice Commission staff; this concept paper should be based on discussions of the Working Group during the is first meeting, and preparatory materials received prior to the meeting;b) prepare several written drafts of the Guidelines based on on-going research by the other Working Group members on legal norms and standards, his/her own research, and discussions at Working Group meetings, and wider consultation meetings, and circulate them among the Working Group members, the Chief of the Legislative Support Unit, and Venice Commissions staff;c) Coordinate the input received from other Working Group members, and follow up with them as needed;2) Actively participate in meetings of the Expert Working Group, and other related events.
Deliverables:
The Expert will:1) Prepare a first concept paper by 31 October 2013,2) Prepare a first draft of the Guidelines by 28 February 2014,3) Prepare a second draft of the Guidelines by 30 June 2014,4) Prepare a final draft of the Guidelines by 30 September 2014,5) Participate in the Expert Working Group meetings as scheduled throughout the time period from 9 September 2013 to 30 September 2014.
The above deliverables shall be submitted to the other Working Group members, the Chief of the Legislative Support Unit, and key Venice Commission staff.
The OSCE/ODIHR Chief of the Legislative Support Unit will provide policy guidance, administrative support and background information to the expert to enable him/her to complete the above mentioned tasks.
Necessary Qualifications:
•Advanced university degree, or equivalent extensive human rights work experience;•Proven in-depth knowledge and extensive working experience with human rights, (over 10 years). Knowledge of freedom of association and related matters is an asset.•Solid academic and/or practical record, including research and analysis;•Proven experience of advisory services to decision makers, especially in developing democracies and countries in transition;•Computer literacy; •Full command of English; •Excellent analytical skills•Excellent legal drafting skills in English;•Strong organisational and communication skills;•Flexibility, ability to work under minimal supervision and deliver against tight deadlines.
Period of assignment and remuneration:
The Expert shall work for up to 45 working days throughout the agreed timeframe, and shall receive a fee amounting up to 400 EUR/day, depending on the consultant’s qualifications and experience, in accordance with OSCE established rates.
An initial contract for 5 days within the period of 1-31 October 2013 will be issued to be completed with the first deliverable mentioned above. The contract will be extended for another 35 days subject to the receipt of funds by ODIHR under the ExB project governing this assignment.
How to apply:
If you wish to apply for this position, please use OSCE’s online application link found under http://www.osce.org/employment or send your complete CV along with a cover letter in English to recruit@odihr.pl.
The selection of successful candidates will be based on the application and interview. Please note that only shortlisted applicants will be contacted.
The OSCE is committed to achieving a better balance of women and men within the Organization. Female candidates are particularly encouraged to apply.
Please be aware that the OSCE does not request payment at any stage of the application and review process.
