The project will be implemented by the Right to Protection, an all Ukrainian non-government organization and funded by the EU-Delegation to Ukraine. The project is aimed to improve civil society capacity to promote reform in the area of migration and asylum and to enhance policy dialogue between public authorities and civil society in this field. Specifically the projects aims at developing and maintaining effective relationship and dialogue between CSOs and key state actors in the field of border-management, migration and asylum,  strengthening CSO’ coalitions working in the field and enhancing their capacity to engage with relevant authorities at all levels and to advocate for the reform of national legislation and policies and administrative practices to European standards, and informing and reinforcing civil society controls over implementation of legal standards, strategies and policies in the field of  migration and asylum.

The Right to Protection (R2P) is one of the only refugee-assisting international organizations present in Ukraine. R2P runs several programs in Ukraine under an agreement with the UN High Commissioner for Refugees (UNHCR). The programs provide protection and legal assistance to asylum seekers and refugees from around the world. R2P also contributes to building a humane asylum system in Ukraine by training local judges, immigration and law-enforcement officials, and law students, and by developing legislative proposals and administrative regulations. The programs center itself on R2P’ experience in rights-based protection of vulnerable persons, while being based on concrete needs identified by R2P.

Strategic Litigation:

R2P inter alia conducts strategic litigation on issues pertaining to human rights of asylum seekers, refugees and stateless persons at national and international levels. Strategic litigation is a key method of informing and reinforcing civil society controls over the implementation of legal standards, strategies and policies in Ukraine. Indeed, the experience of R2P indicates that ECtHR litigation (including the threat thereof) is one of the most effective influencing tools available to civil society for bringing national legislation and practices in line with relevant human rights standards. As such, this project will work with CSO lawyers in Ukraine to raise awareness of strategic litigation as a tool for exerting control.

Strategic Litigation Expert’s Overall Objectives:

The Strategic Integration Expert leads responsibility for all litigation activities within the Project, including developing a strategic litigation toolkit aimed at a range of audiences, delivering training for CSO Lawyers on strategic litigation, co-facilitating training for Judges, identifying and preparing strategic cases for litigation, supporting CSOs with preparing cases for litigation, meeting requests for support received through the project website, and supporting the Project Advocacy Expert to monitor the situation in Ukraine for migrants within R2P EU-funded project titled “Advocacy and Government Capacity Building in Migration”.

Responsibilities and Tasks:

The primary duties of the Advocacy Expert will include:

1. The major responsibility of the Strategic Litigation Expert is to identify and prepare strategic cases for litigation at the national and international levels.
2. The Strategic Litigation expert will develop a specialist toolkit on strategic litigation in the field of migration and asylum in Ukraine. This will be developed in collaboration with the European Union Legal expert, drawing on best practices and expertise from around the world.
3. The Strategic Litigation Expert will deliver training for lawyers from CSOs on strategic litigation and International and European Court on Human Rights (ECtHR) standards, as well as co-facilitating training for Judges on Strategic Litigation.
4. The Strategic Litigation Expert will work together over the course of the project with trained CSO lawyers to identify and prepare cases for the national courts and the ECtHR. Cases will be selected on the basis of potential to address existing systematic flaws in the national legal framework and administrative practices in the field of migration and asylum and will be drawn from across Ukraine. Particular attention will be paid to cases involving vulnerable claimants, such as unaccompanied asylum seeking children, women at risk, persons at risk of extradition risk etc. The Strategic Litigation Expert will also provide on-going support to CSO Lawyers, including but not restricted those who received training, who are taking forward their own strategic migrant-rights cases, for example by providing advice and guidance.
5. The Strategic Litigation Expert will support the Advocacy Expert in developing an advocacy strategy. The strategy will outline all of the key problems in Ukrainian migration policy and legislation, as well as in administrative practices in the field of border-management, asylum and migration. The strategy will identify what the key priorities are, and will include an action plan for advocacy activities.
6. The Strategic Litigation Expert will support the Project Manager and the Advocacy Expert in establishing and maintaining an online advice and consulting service on migration and asylum issues for the benefit of state-funded legal aid providers, CSO representatives and lawyers, Governmental Officials and Administrative Court Judges. This website will provide an authoritative resource for all relevant stakeholders, not only acting as a compendium of information and best practice, but also supporting bespoke consultation by expert project staff as required.
7. The Strategic Litigation Expert will support the Advocacy Expert in systematic monitoring and analysis of information and data regarding the situation for migrants in Ukraine. This will include all national, European and International policy and legislative developments, particularly those relevant to their human rights. This will also include information regarding the delivery of services to this group. The information and data gathered will be used to produce independent reports and advocacy papers to be used in advocacy efforts towards to Ukrainian policy makers, and to inform international bodies. At least two annual reports will be produced, as well as ad hoc briefings over the duration of the Project.
8. The Strategic Litigation Expert will support the Advocacy Expert and the Project Manager in producing bi-monthly newsletters on the results of monitoring and advocacy activities to all relevant stakeholders, reporting on the implementation of the advocacy strategy, sharing information about relevant legislative developments, and monitoring state performance. Monitoring activities will particularly focus on the situation of vulnerable migrants, including women, refugee children and unaccompanied minors.
9. Establish close collaboration and working arrangements with the project national and international partners to ensure timely conduct of the project activities related to the strategic litigation component, including the collection of monitoring data for project reporting requirements.
10. Participation in meetings and conferences on behalf of R2P.

 CORPORATE COMPETENCIES:

•  Display cultural, gender, religion, race, nationality and age sensitivity and adaptability.
• Treat all people fairly without favoritism.
• Fulfill all obligations to gender sensitivity and zero tolerance for sexual harassment.

PERSON SPECIICATIONS

Education: 

• Master’s degree or equivalent in international law.

Experience and Knowledge: 

• Proven track record of strategic litigation at Ukrainian courts and the European Court on Human Rights;
• Proven ability to produce quality knowledge products, including policy and legal papers, etc.
• Minimum 4 years of work experience as a practicing lawyer in a Human Rights context.
• Specific knowledge of the refugee issues at the international and national levels, including experience in or knowledge of human rights situation is a strong asset.
• Experience of public speaking and training delivery.

Skills/ Abilities: 

• Excellent ability to communicate effectively in English, Ukrainian and Russian, both verbally and in writing.
• Ability to work independently and to deadlines.
• Ability to work inn close collaboration with team members.
• Good analytical skills and attention to detail.
• Good organizational and administrative skills.

Personal Qualities:

• Commitment to team work
• Highly motivated self-starter
• Flexibility

DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS

Applicants shall submit the following documents:

• Personal CVs, including information about past experience in similar projects / assignments;
• A letter of interest;

Qualified women and members of minorities are encouraged to apply.

Please send the application package to [email protected]. Responses will be sent only to those individuals selected for interviews. No phone calls, please.