Open to Internal and External Candidates

Position Title : Legal Expert

Duty Station : Home-based, Thailand

Classification : Consultancy (All-inclusive fees of USD 10,000)

Type of Appointment : Consultancy, 6-month contract

Desired Start Date : As soon as possible

Closing Date : 15 February 2021

Reference Code : CFCV003/2021

Established in 1951, IOM is the leading inter-governmental organization in the field of migration and works closely with governmental, intergovernmental and non-governmental partners. IOM is dedicated to promoting humane and orderly migration for the benefit of all. It does so by providing services and advice to governments and migrants.

1. ORGANIZATIONAL CONTEXT AND SCOPE:

Due to its economic development and resulting employment opportunities, Thailand has become an attractive destination for migrant workers from neighboring countries. Some sectors including construction, fishing and tourism have created a stable demand for foreign migrant labor. Although the Royal Thai Government has taken steps to enhance regular migration channels for migrant workers, due to multitude of issues, irregular migration across land borders is still prevalent. During the current COVID-19 pandemic, the regular Points of Entry (PoE) were closed. This provided a business opportunity for smugglers to facilitate irregular entry of migrants. Not only does this compromise Thailand’s border security but has also challenged the Government’s response to COVID-19.

Dismantling smuggling networks is essential not only for Thailand’s border and health security but also to protect migrant workers from potential exploitation. However, due to conflation of human trafficking and migrant smuggling, law enforcement responses are not extremely effective and conviction rates for smugglers and traffickers remain low.

The Royal Thai Government is now in the process of revising its Immigration Act to include specific provisions/clauses on migrant smuggling . The Office of the Attorney General (OAG) acts as the main agency responsible for implementing the United Nations Convention against Transnational Organized Crime (adopted in 2000) and its supplementary Protocols, which include the Protocol against the Smuggling of Migrants by Land, Sea and Air. The OAG is also responsible for investigating and prosecuting these crimes. Therefore, this is a timely opportunity to provide support on the operationalization of the new provisions so that they can be effectively implemented.

The International Organization for Migration (IOM), under the project “Supporting the Government of Thailand to Improve Migration and Border Management Structures in the Midst of Rapid ASEAN Integration” proposes a joint activity with the OAG to organize consultative meetings in preparation for the operationalization of migrant smuggling related legislation. The legislation added provisions on prosecuting migrant smugglers and protection of victims of migrant smuggling.

2. OBJECTIVE OF CONSULTANCY RECRUITMENT

In order to achieve the expected Outcome of the Project which is Government stakeholders have taken objectively verifiable steps in enforcing related countering smuggling legislation through consultations and development of the Roadmap, the legal expert is required to:

1. Lead at least 3 consultative meetings between the Office of the Attorney General and the Royal Thai Police (more participants to be identified)

2. Document results from the consultative meetings. Area of discussion in each meeting may include but not limited to:

   1. First consultative meeting: Define responsibilities for each government agency, discuss challenges on the differentiation between the smuggling of migrants and human trafficking, discuss how the new legislation (Immigration Act Revision) can address these challenges.

   2. Second consultative meeting: Government agencies jointly develop a draft Operationalization Plan to address challenges discussed in the first consultative meeting. The Operationalization Plan will be developed in the form of a Road Map that includes recommendations.

   3. Third consultative meeting: Government agencies approve of the Road Map and recommendations. Activities and recommendations are listed out for each agency to implement.

   4. If needed, the fourth consultative meeting will be organized.

3. Develop a Roadmap that includes the following:

   1. Challenges and issues concerning the enforcement of the Immigration Act

   2. Operationalization Plan to effectively implement the new provisions concerning migrant smuggling in the Immigration Act (Revision)

   3. Recommendations (which could include awareness-raising and capacity building trainings for law enforcement officials and prosecutors).

3. EXPECTED OUTPUTS

1. At least three consultative meetings are held between prosecutors and other law enforcement agencies to discuss challenges associated with counter migrant smuggling and the operational plan to implement the new legislation (Immigration Act Revision).

2. Development of a Roadmap for the operationalization of the new migrant smuggling clauses/provisions in the Immigration Act based on recommendations and operational plan from Output 1.

Activity Timeline

* Consecutive English-Thai interpreter and vice versa will be provided during the consultative meetings.

* The schedule for consultative meetings may be delayed due to COVID-19 restrictions

Deliverables

Performance Indicators for Evaluation of Results

1. Timely submission of all deliverables

2. Satisfactory delivery of all deliverables

Duty Station

Due to COVID-19 pandemic travel restriction, the Legal Expert is recruited locally (interested candidates who are already based in Bangkok or elsewhere within Thailand). It is a home-based assignment to complete all deliverables. The legal expert will be required to attend meeting with IOM, preparation meetings and consultative meetings held in Bangkok either at IOM Thailand Office or government agencies’ offices.

The contract is initially 6 months, it may be extended or shortened depending on the updated government measures on travel restriction.

Terms of Payment

Total payment of USD 10,000 shall be made in 2 instalments.

IOM will cover the legal expert’s local transport to attend consultative meetings in Bangkok.

4. DESIRABLE COMPETENCIES:

Values - all IOM staff members must abide by and demonstrate these three values:

• Inclusion and respect for diversity: encourages the inclusion of all team members and stakeholders while demonstrating the ability to work constructively with people with different backgrounds and orientations.

• Integrity and transparency: embraces and encourages transparency, balancing this with the need for discretion and confidentiality as appropriate.

• Professionalism: demonstrates professional competence and mastery of subject matter and willingness to improve knowledge and skills.

Core Competencies

• Teamwork: establishes strong relationships with colleagues and partners; relates well to people at all levels.

• Delivering results: manages time and resources efficiently, monitoring progress and making adjustments as necessary.

• Managing and sharing knowledge: keeps abreast of new developments in own field of competence and creates opportunities for knowledge management initiatives.

• Accountability: takes ownership of all responsibilities within own role and honours commitments to others and to the Organization.

• Communication: adapts communication to the recipient’s needs, asks questions to clarify, and exhibits interest in having two-way communication.

5. EDUCATION AND EXPERIENCE:

• Master’s degree in law, social sciences or areas relevant to the TOR;

• Minimum 5 years of experience in legal research and policies on counter smuggling of migrants and trafficking in persons;

• Comprehensive understanding on the legal framework of Thailand related to smuggling of migrants and trafficking in persons is an asset;

• Extensive experience in working with government counterparts;

6. LANGUAGES

English (Fluent)

Other

Any offer made to the candidate in relation to this vacancy notice is subject to funding confirmation.

Appointment will be subject to certification that the candidate is medically fit for appointment.

How to apply:

Interested candidates are invited to submit their applications along with a duly completed IOM Personal History Form to the IOM Bangkok Human Resources Unit at e-mail bkkrecruitment@iom.int by February 15, 2021 at the latest. The form can be downloaded from http://thailand.iom.int/sites/default/files/Recruitment/IOM%20Personal%20History%20Form%20with%20Declaration.xls Kindly indicate the reference code CFCV003/2021 followed by your full name in the subject line.

Applications should include: a) a cover letter, indicating the dates of availability; b) a curriculum vitae; c) a duly completed IOM Personal History Form (may be downloaded from http://thailand.iom.int/); d) proposed 3-day DRAFT training agenda (optional)

For further information, interested candidates may contact Ms. Siripa Anuntawong, Project Support Officer by sanuntawong@iom.int and copy bkkrecruitment@iom.int in the email, or mobile phone 062-595-0968.

Only shortlisted candidates will be contacted.

Posting period:

From 01.02.2021 to 15.02.2021

Closing Date               :      19 April 2026 (11:59 PM, Bangkok Time)