Expert on Statelessness

Interantional NGO is seeking candidates for the position of Expert on Statelessness. 

The main objective of the assignment is to conduct a national study on statelessness. 

INTRODUCTION

The project will be implemented by the Representative Office of HIAS in Ukraine (HIAS Kyiv) and funded by UN High Commissioner for Refugees (UNHCR)

HIAS – the 130 year old international migration agency of the American Jewish community headquartered in New York City. For more information please visit www.hias.org

BACKGROUND

The current project aims at supporting the implementation of the following the Universal Periodic Review (UPR) recommendations addressed to Ukraine:

“Review its legislation to ensure the right of all boys and girls to have a nationality and ensure birth registration, regardless of their ethnic origin or their parents’ status” (Mexico);

“Ratify the 1954 Convention relating to the Status of Stateless Persons, the 1961 Convention on the Reduction of Statelessness” (Portugal);

According to the 2001 population census, over 82,000 persons in Ukraine considered themselves to be stateless, largely as a result of the dissolution of the Soviet Union. Inadequate documentation of stateless persons hinders enjoyment of basic human rights and complicates efforts at grasping the dimensions of statelessness. At the end of 2010 at least 34,000 people residing in Ukraine remained stateless, according to UNHCR estimates. Among them only 6,490 (one fifth) were registered as such by the Ukrainian authorities as of 2010. Ukraine’s parliament voted in January to accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, and the draft law is awaiting presidential signature before the deposit of the accession materials with the United Nations. 

Thousands of former USSR citizens and their children remain trapped in Ukraine without proper identity documents due to legal, administrative and financial obstacles associated with the confirmation or acquisition of citizenship of Ukraine or another successor state, or due to the lack of a formal statelessness determination procedure which all stateless persons have access to, regardless of their legal status or possession of valid documentation.  The exact size, composition and location of this population is not known.  Those considered particularly at risk include:  formerly deported persons who have returned to Ukraine (especially Crimean Tatars); persons who migrated among former republics of the former Soviet Union in the 1990’s and became stateless due to conflict of nationality laws, including migrant workers; persons who did not acquire Ukrainian documentation after the dissolution of the Soviet Union, perhaps as a result of poverty, age, or rural origin; and other marginalized populations, such as the Roma, who may not have acquired birth and identity documentation.  In general, the stateless population is considered to be modest in size, scattered and hidden within Ukraine’s large territory.    

In view of the follow up to the recommendations received by Ukraine within the UPR process, and the recent accession of Ukraine to the 1954 and 1961 UN Statelessness Conventions, its ambition to  join the European Union and the reform commitments as a prerequisite to the conclusion of an Association Agreement with the EU, significant momentum has been created to address the plight of thousands of people who have been deprived of their right to be recognized as persons before the law and are not in a position to enjoy basic human rights. In order to remedy this situation, the first step is to conduct a mapping of statelessness in Ukraine in order to define the scope of the problem, the causes of statelessness and the protection needs of stateless persons. This will serve as baseline data for policy making and outreach.

DUTIES AND RESPONSBILITIES

Main objective of the assignment

The main objective of the assignment is to conduct a national study to estimate the geographic location of stateless people and persons of undetermined nationality living in Ukraine, their demographic composition, and their protection needs as well as the impact of statelessness, including in regard to access to state services and to develop recommendations on methodological recommendations for a further pilot survey among stateless persons in Ukraine, with particular emphasis on those in an irregular situation.  

Description of responsibilities / Scope of work

In order  to fulfil an overview based on available resources regarding the size, composition, location and protection problems of the stateless population, as well as the common causes of statelessness and recommendations for resolving them, the Expert should perform the following steps: 

• Propose the methodology  of research, time frame, and report structure;
• Review the available academic literature and statistical information about the stateless population in Ukraine.
• Conduct key informant interviews with government officials, experts in citizenship issues, and leaders and members of affected communities in the three regions with the largest population of stateless persons according to the last census: Kyiv, Odesa and Crimea. 
• Based on the interviews and available resources regarding the size, composition, location and protection problems of the stateless population conduct the research and
•  Produce an Analytical Report, including, at the minimum:

• summary of findings;
• brief analysis on the overall  situation of stateless people;
• gap analysis of the existing legislation and state legal practices regarding statelessness;
• analysis of the geographic location of stateless people and persons of undetermined nationality living in Ukraine, their demographic composition, and their protection needs;
• methodological recommendations for a pilot survey among stateless persons in Ukraine, with particular emphasis on those in an irregular situation;  
• list of resources on researched topics available through Internet;
• list of contacts of key organizations and persons who provided substantial information;
• attachments – electronic documents in English (reports, analytical reviews, policy documents, procedures, etc), that can’t be accessed through Internet, providing significant additional information on researched topics.
• Submit a draft Report in English to HIAS for review and comments;
• Submit the final Report in English with HIAS comments addressed, and including attachments;
• Present the Analytical Report at the one-day round-table in Kyiv – to be determined by HIAS

 The consultant shall use to following research methods:

• Literature review;
• Internet research;
• Contacts with relevant stakeholders.

The consultant will report to the HIAS Country Director (or Senior Lawyer).  S/he will cooperate closely with an international expert in the field of statelessness and with UNHCR.  

Deliverables 

• Finalised detailed outline of the Report and approach to the research approved by HIAS – within 10 working days after signing a contract - by 10 October 2013;
• Draft Report submitted for HIAS comments –by 1 December 2013;
• Final document submitted for HIAS approval – by 10 December 2013;

Presentation of the report delivered to the round table in Kyiv – not later than by 20 December 2013.

COMPETENCIES

Functional Competencies:

• Proved capacity to research, design, and produce quality knowledge products, including reports, policy papers, research papers, case studies, etc.;
• Specific knowledge of the statelessness issues at the international and national levels, including experience in or knowledge of human rights situation is a strong asset.

Corporate Competencies:

• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Treats all people fairly without favouritism;
• Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment.

REQUIRED SKILLS AND EXPERIENCE

Education: 

• Master’s degree or equivalent in human rights, international law, international relations, political science, journalism, development studies or related field.

Experience: 

• Minimum 5 years of international work experience in the field of human rights.

Language: 

Fluent English, Ukrainian and Russian.

DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS

Applicants shall submit the following documents:

• A proposal, providing a draft outline, a brief methodology on how the work will be conducted and a proposed plan of work;
• Personal CVs, including information about past experience in similar projects / assignments;
• Financial proposal;
• Reference to or copies of previously developed knowledge materials including analytical reports, research papers, case studies materials, etc.

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.