Financial offer (for national consultants only in BAM) in a form of completed and Signed Offeror’s Letter to UNDP Confirming Interest and availability – https://tinyurl.com/Offeror-Letter – Letter to UNDP Confirming Interest and Availability.docx – to be sent to e-mail ba.shared.hr@undp.org with Subject: Job ID 113315. The position is located with the Office of the United Nations Resident Coordinator in Bosnia and Herzegovina.
The consultant will work under the guidance and direct supervision of the Senior Human Rights Adviser. In September 2022, the United Nations Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence presented his report to the United Nations Human Rights Council[1] on his visit to Bosnia and Herzegovina, conducted in December 2021. While noting the significant progress achieved in the area of transitional justice since the end of the 1992-1995 conflict (criminal accountability, search for and identification of missing persons, institution-building), the Special Rapporteur observed that significant outstanding issues remained to the addressed. In particular, he underscored the insufficiency and inadequacy of reparation measures and the long-standing harm they inflict on victims; the inadequacy of memorialization processes and history teaching, and of measures to promote inter-ethnic understanding and counter discrimination. Stressing the risks to peace posed by the failure to address these issues, the Special Rapporteur identified the need for a comprehensive, victim-centered transitional justice strategy. His report contains recommendations that can constitute a roadmap towards advancing transitional justice, with a focus on survivors. Most United Nations Human Rights Treaty Bodies have consistently recommended that Bosnia and Herzegovina adopts and effectively implements measures to ensure truth, justice, reparation and guarantees of non-recurrence. The Universal Periodic Review of Bosnia and Herzegovina, including the third cycle, also contains recommendations supported by Bosnia and Herzegovina in that regard (on the right to an effective remedy and reparation for war crimes and under international criminal and humanitarian law, including crimes against humanity, war crimes and genocide).[2]
The importance to constructively dealing with the past was also at the centre of the discussions which former High Commissioner Michelle Bachelet had during her visit to Bosnia and Herzegovina in June 2022.[3]
Almost 30 years after the end of the conflict, transitional justice remains essential to build a better future for all people in Bosnia and Herzegovina. It is key to peacebuilding and sustainable development and to advance the realization of all human rights for everyone in the country. Under the supervision of the Senior Human Rights Adviser, the consultant will follow and analyze legislation, policies and developments related to transitional justice, including in terms of criminal justice, reparations for civilian victims of the conflict, truth and guarantees of non-recurrence. On this basis, the consultant will advise, support and engage on strategic advocacy, programme development and coordination to advance the transitional justice agenda in Bosnia and Herzegovina, taking into account prior work in this area, the outcome of relevant United Nations scoping studies, as well as relevant recommendations and decisions of United Nations human rights mechanisms. To that effect, the consultant will also undertake an assessment of the draft transitional justice strategy developed in 2013 and will identify achievements and gaps. She / He will ensure that the rights of victims and survivors are at the centre of the United Nations’ work, including the promotion and protection of their economic and social rights. As necessary, including in the context of the 75th anniversary of the Universal Declaration of Human Rights, the consultant will develop or contribute to media products to be issued by the United Nations in Bosnia and Herzegovina, the Resident Coordinator, the Office of the United Nations High Commissioner for Human Rights and other United Nations entities. The consultant will inform / update and engage with relevant United Nations human rights mechanisms in follow-up to their recommendations to ensure their sustained attention to transitional justice issues. The work of the consultant is to support a coherent, coordinated and holistic approach to transitional justice in Bosnia and Herzegovina. The consultant will therefore conduct her / his work in close consultation with relevant counterparts, including civil society organizations, associations of civilian victims of war, relevant authorities, representatives of international organizations, as well as relevant United Nations departments, funds and agencies. The work of the consultant will be the basis for longer term engagement of the United Nations to support transitional justice efforts and will feed into various key processes, including the development of project proposals under the Peacebuilding Fund and the 4th Universal Periodic Review of Bosnia and Herzegovina, planned for early 2025.
[1] https://www.ohchr.org/en/documents/country-reports/ahrc5134add2-visit-bosnia-and-herzegovina-report-special-rapporteur[2] https://www.ohchr.org/en/hr-bodies/upr/ba.index[3] https://www.ohchr.org/en/statements/2022/06/un-high-commissioner-human-rights-michelle-bachelet-concludes-her-official-visit
The objective of the assignment is to have dedicated capacity on transitional justice issues within the Office of the Resident Coordinator, to ensure sustained monitoring, analysis, advocacy, technical advice and other forms of engagement in this area, including in follow-up to recommendations by United Nations human rights mechanisms, as well as to contribute to a consistently strategic, coherent and innovative approach to transitional justice in Bosnia and Herzegovina by the United Nations. The consultant and his / her work will inform the upcoming development of a programme on the promotion of truth, justice, reparation and guarantees of non-recurrence in Bosnia and Herzegovina under the Peacebuilding Fund, working closely with the Peace and Development Unit within the Office of the Resident Coordinator and other United Nations entities in the country as required.
Job content: The consultant will monitor and analyse legislation, policies and practices in the area of transitional justice, as well as developments impeding progress in this area, notably those affecting the rights of victims and survivors. The consultant will focus on justice, reparations and truth and, to the extent possible, on guarantees of non-recurrence. On this basis, the consultant will advise on, support and engage in advocacy as well as strategy and programme development on transitional justice issues with a view to promoting the rights of all victims of the conflict.
Expected results: The work of the consultant will enhance the capacity of the United Nations in Bosnia and Herzegovina to analyse transitional justice in a comprehensive and strategic manner, and to engage in a structured and sustained way with various relevant counterparts across the country. The consultant in expected to deliver analyses on specific issues in the light of international human right law and to develop advocacy products. The consultant will also strengthen the network of the United Nations in Bosnia and Herzegovina with relevant stakeholders – authorities, institutions, civil society organizations, including associations of civilian victims of the conflict and other pertinent stakeholders. As such, the work of the consultant is expected to reinforce the United Nations ability to support stakeholders in the transitional justice process in a strategic, coherent, and innovative manner.
Timing and reporting: The consultant will be engaged under an individual contract, from 15 June to 31 December 2023. The consultant should preferably work at the UN House in Sarajevo, Bosnia and Herzegovina, on a full-time basis. The consultant will be responsible to prepare the following products within the following deadlines: Assessment of progress achieved in the area of transitional justice based on the 2013 draft strategy on transitional justice of Bosnia and Herzegovina [that was developed by a task force on the basis of country-wide consultations, with the support of the United Nations but which the authorities did not adopt] (1 November 2023)Identification and mapping of strategic entry points, interventions and programmatic opportunities by/for the United Nations related to transitional justice (from the beginning to the end of the consultancy).
