VAC-11950 National Technical Expert on the Legal Framework for Addressing Missing Persons in Libya

While missing persons are a national issue, affecting a cross section of society, a clear legal framework to address this file is still lacking in Libya. There is no comprehensive law on missing persons, in line with international standards, and based on wide consultations with civil society groups and victims. National privacy laws or laws on access to information are also lacking, in the absence of a permanent Constitution, while arbitrary arrest and detention remain rampant. The lack of a clear cooperation framework between relevant entities in charge of forensics and investigations on enforced disappearances further impedes families in their efforts to know the fate of their loved ones.

The effects of this lack of cooperation and coordination are visible in current challenges in the collection, protection, and preservation of evidence on cases of enforced disappearance and missing persons, which have also affected the ability of judicial authorities to effectively investigate and prosecute these cases.

As part of its project ‘Addressing the File of Missing Persons in Libya’, implemented by Our client  and UNSMIL, a legal assessment will be conducted revising existing laws, decrees of the legal framework related to this issue. To this end, the Project Team will recruit an International Technical Expert (Contactor in these TOR) to examine the mandate of various existing bodies and institutions, highlighting legal gaps and overlaps, and provide recommendations on ways to improve these. This will include, inter alia, reviewing and assessing the legal framework around privacy, access and protection of information, missing persons, martyrs, and reparations, as well as the respective mandates of the different authorities in charge of forensics analysis.

Supervisions

The UNSMIL and our client  team will directly supervise the Contractor. The Contractor will develop the report and facilitate the workshop in coordination and collaboration with the Project Team. The Project Team will also receive the final consultation and workshops reports and evaluate the performance of the Contractor. 

The assignment consists of a total of forty (40) working days over a period of four (04) months (June to September 2024) including:

Apart from the report, the Contractor is expected to continuously liaise with the Project Team, and update them on progress, or any complications during the process. 

The Contactor (National Technical Expert) will be also guided by an International Technical Expert. The Contactor will be supporting the International Technical Expert’sperformance and the completion of his/her duties. At the end of the consultation, both the International and National Technical Experts, should submit the requested reports together.

Due to travel restrictions, the majority of work by international consultant will be done remotely (home-based) using different tools (Zoom, WhatsApp, Microsoft teams, etc.) to conduct the mission. As such, the consultancy will be primarily home-based for the international consultant. Meanwhile, national consultant will significantly contribute to data collection on site through field missions and through direct contacts with beneficiaries and desk review of local materials.

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The consultant is expected to travel to Tunis to attend and support the facilitation of a workshop with the legal committee members, to be setup during this consultation. The travel should be for 4 days/3 nights.