Job Description

UNICEF works in some of the world\'s toughest places, to reach the world\'s most disadvantaged children. To save their lives. To defend their rights. To help them fulfill their potential.

Across 190 countries and territories, we work for every child, everywhere, every day, to build a better world for everyone.

And we never give up.

For every child, hope

Together with the Malaysian government and others who are truly passionate about child rights, UNICEF works in Malaysia to ensure every child has the opportunity to grow healthy and happy; live safely; and achieve their full potential.

With the Convention on the Rights of the Child, the Sustainable Development Goals, and the 12th Malaysia plan as our guides, we endeavor to change minds, change policies, and in turn change the lives of all children in Malaysia.

Purpose of Activity/Assignment:

As part of the Country Programme Document 2022-2025 between the Government of Malaysia and UNICEF Malaysia, UNICEF has been providing support to the government in strengthening national capacity for the protection of children affected by migration, including towards establishing alternatives to immigration detention and taking steps towards ending child immigration detention.

As a member of the Human Rights Council (2022-2024), Malaysia has pledged to implement an Alternative to Detention (ATD) pilot for unaccompanied and separated children \xe2\x80\x9cwhere the child will receive protection and support services through family-based care\xe2\x80\x9d instead of being placed in immigration detention. This is in line with Malaysia\'s commitments under the UN CRC to protect the rights and dignity of every child, regardless of their status, and as a member state of the Global Compact on Refugees and the Global Compact for Safe, Orderly and Regular Migration.

As part of Association of Southeast Asian Nations (ASEAN), Malaysia has also adopted the ASEAN Declaration on the Rights of Children in the Context of Migration (2019) and the accompanying ASEAN Regional Plan of Action on Implementing the ASEAN Declaration on the Rights of Children in the Context of Migration (2021-2030). The ASEAN Declaration on the Rights of Children in the Context of Migration calls on countries to promote the best interests of the child, to develop effective procedures and alternatives to child immigration detention, and ensure children and families are kept together whenever possible within a non-custodial, and clean and safe environment. The corresponding ASEAN Regional Plan of Action also guides States towards enhancement and availability of and safe non-custodial, community-based alternatives to child immigration detention, actions that promote the best interests of the child, including through ensuring that children are kept together with their families.

In line with this, UNICEF Malaysia is seeking an Immigration Law expert to provide technical support in reviewing and analysing the national immigration law through a child rights lens, and to propose technical amendments, with the aim that this will contribute to immigration law reform efforts to better protect children affected by migration and end child immigration detention, in line with international human rights law and standards.

How can you make a difference?

The proposed scope of work includes:

1.Review the Immigration Act 1959/63 and related regulations through a child rights lens, and propose technical amendments to 1) improve protection of children affected by migration and 2) end child immigration detention or establish alternatives to detention.

• The recommendations for amendments to the law and/or regulations should include justifications for the amendments and suggested technical drafting language, in line with relevant international human rights law and standards.
• The review should take into consideration and refer to other relevant laws (e.g. the Child Act, the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act) and/or regulations where needed.
• The review should also make reference to good examples of child-sensitive immigration laws and/or regulations from other countries, where available.

2.Prepare a case compendium of current national case law (to date) where the rights of children in the context of migration have been upheld.

3.Provide technical support in presenting final review/inputs to government and other stakeholders if needed. This may involve facilitating a consultative process to obtain, consolidate and incorporate feedback.

To qualify as an advocate for every child you will have\xe2\x80\xa6

• Minimum a Bachelor Degree in Law, Jurisprudence, Legal studies or another relevant field.

A minimum of 8 years professional experience practicing immigration law or criminal justice, with expertise in national immigration law, policy and practice.

Demonstrable experience in dealing with cases involving children affected by migration, including immigration detention.

Knowledge of international human rights standards and conventions with regards to children affected by migration, including alternatives to immigration detention, refugee law and trafficking in persons.

Ability to review, draft and propose legal amendments and engage in law reform efforts.

Ability to engage with a wide range of partners, such as government, academia and civil society organizations.

Understanding of UNICEF\'s work in Malaysia. * Fluency in English is required. Knowledge of another official UN language (Arabic, Chinese, French, Russian or Spanish) or a local language is an asset.

For every Child, you demonstrate\xe2\x80\xa6

UNICEF\'s values of Care, Respect, Integrity, Trust, Accountability, and Sustainability (CRITAS).

To view our competency framework, please visit .

UNICEF is here to serve the world\'s most disadvantaged children and our global workforce must reflect the diversity of those children. , irrespective of their race/ethnicity, age, disability, gender identity, sexual orientation, religion, nationality, socio-economic background, or any other personal characteristic.

UNICEF offers for consultants/individual contractors with disabilities. This may include, for example, accessible software, travel assistance for missions or personal attendants. We encourage you to disclose your disability during your application in case you need reasonable accommodation during the selection process and afterwards in your assignment.

UNICEF has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and UNICEF, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination. UNICEF also adheres to strict child safeguarding principles. All selected candidates will be expected to adhere to these standards and principles and will therefore undergo rigorous reference and background checks. Background checks will include the verification of academic credential(s) and employment history. Selected candidates may be required to provide additional information to conduct a background check.

Remarks:

Only shortlisted candidates will be contacted and advance to the next stage of the selection process.

Individuals engaged under a consultancy or individual contract will not be considered \xe2\x80\x9cstaff members\xe2\x80\x9d under the Staff Regulations and Rules of the United Nations and UNICEF\'s policies and procedures, and will not be entitled to benefits provided therein (such as leave entitlements and medical insurance coverage). Their conditions of service will be governed by their contract and the General Conditions of Contracts for the Services of Consultants and Individual Contractors. Consultants and individual contractors are responsible for determining their tax liabilities and for the payment of any taxes and/or duties, in accordance with local or other applicable laws.

The selected candidate is solely responsible to ensure that the visa (applicable) and health insurance required to perform the duties of the contract are valid for the entire period of the contract. Selected candidates are subject to confirmation of fully-vaccinated status against SARS-CoV-2 (Covid-19) with a World Health Organization (WHO)-endorsed vaccine, which must be met prior to taking up the assignment. It does not apply to consultants who will work remotely and are not expected to work on or visit UNICEF premises, programme delivery locations or directly interact with communities UNICEF works with, nor to travel to perform functions for UNICEF for the duration of their consultancy contracts.

Advertised: 05 Jul 2023 Singapore Standard Time
Deadline: 18 Jul 2023 Singapore Standard Time

Unicef