Legal Consultant on Border Management/ Bilateral Agreement Full-Time

Job Description

Under the direct supervision of the Immigration and Border Governance, Community Engagement and Policing (IBG/CEP) Programme Manager, the consultant will conduct a legal assessment focused on border management frameworks between Mozambique and Malawi. This assessment will examine the policy and legal framework governing border management, including mobility, trade facilitation, data management and data protection.

The assessment will also examine relevant legal and technical frameworks aligned with regional protocols, including those of the Regional Economic Communities (RECs), the Southern African Development Community (SADC) on Facilitation of Movement of Persons, African Continental Free Trade Area (AFCFTA), Bilateral agreement between Mozambique and Malawi and other relevant domestic laws in both countries.

In addition to analysing the legal frameworks, the consultant will engage in consultations with relevant key stakeholders to provide a comprehensive overview and analysis of the technical, institutional, operational, and legal procedures critical to the conceptualization and implementation of a border pass system and the development of relevant Standard Operating Procedures (SOPs).

The outcome of this assessment will provide the legal basis for the installation of the mobile border pass system in Mozambique and MIDAS in Malawi, ensuring alignment with the national border management policies in both countries.

The consultant will produce a final report containing the following elements

• Legal Assessment of the policy and legal framework governing border management between Mozambique and Malawi, including mobility, trade facilitation, data management and data protection.
• Legal aspects that govern the mobility of small-scale traders and their goods, and reference to exemption from taxes.
• The roles and responsibilities of the border entities that deal with persons, goods and data mobility across the borders between the two countries.
• If following the findings of the legal assessment, it is determined that no comprehensive legal framework exist for border management – including mobility, trade facilitation, data management and data protection – include recommendations for the elaboration of a legal and policy framework related to border management, trade and mobility, data management and data protection, in line with national, regional and international frameworks.
• Legal and data protection recommendations in view of the elaboration of SOPs guidelines on data protection related to the exchange of data between the mobile border pass and MIDAS in view of ensuring consistency on border management data collection, including instructions on what to do if there is a hit against the alert list.
• An action plan to integrate data protection principles in the implementation of border management information systems in both countries.

Responsibilities

The Consultant is expected to complete the followings: To conduct a Legal Assessment

• Establish an assessment coordination team to oversee the assessment process.
• Develop a detailed work plan outlining the timeline and necessary actions to complete the assessment.
• Design a methodology to provide a structured framework and approach for the assessment.
• Conduct a desk review of relevant frameworks, including a field visit to gain insights into border dynamics in alignment with these frameworks. The consultant should engage a junior partner from each country to ensure national context is fully considered.
• Organize a workshop with stakeholders to present the assessment’s findings and recommendations.
• Prepare and submit the final report, which includes an analysis of the level of legal identity documentation among border communities, a review of existing Mobile Border Pass arrangements, identification of good practices, and specific recommendations to support the effective operationalization of the bilateral agreement between Mozambique and Malawi.

Expected deliverables:

• Inception Report (3 weeks): Submit a comprehensive inception report detailing the proposed methodology, framework, and approach for the assessment assignment. This report should be reviewed and approved by IOM, the governments of Mozambique and Malawi, and the World Bank.
• Conduct a comprehensive desk review (3 weeks): of relevant legal frameworks, policies, and practices related to border management in Mozambique and Malawi. This includes evaluating national and regional legal documents governing mobility, trade facilitation, data management, and data protection, examining applicable regional agreements and protocols, and identifying best practices from similar frameworks in other regions. The findings should be synthesized into a cohesive report that provides a clear overview of the current legal and institutional landscape affecting border management and trade between the two countries, along with a summary of insights gathered from stakeholder consultation workshops and field assessments.
• Workshop on Initial Findings (1 week): Conduct a workshop with key stakeholders to present initial findings from the consolidated assessment report, facilitating discussions to gather feedback and insights.
• Draft Final Report (2 weeks): Prepare and submit a draft final report that incorporates findings from all previous deliverables, including an analysis of legal frameworks, options for registration, bilateral agreements on mobility and small-scale trade, and identification of border populations. This draft should be shared for feedback from IOM and stakeholders.
• Final Report (1 week): Submit the final report, integrating feedback from the draft report, and ensuring it includes actionable recommendations for the implementation of the assessment findings and the effective operationalization of the bilateral agreements.

Qualifications

Experience

• Have a comprehensive understanding of the regional protocols and policies such as Regional Economic Communities (RECs), the Southern African Development Community (SADC) on Facilitation of Movement of Persons, and African Continental Free Trade Area (AFCFTA).
• At least five years of legal practice with experience in international law, including institutional law and administrative law of international organizations. emIvKC4 CXcNnL
• Knowledge of local and international laws considering optional treatment of migrants or migrant population in cross-border areas.
• Experience in analysis of legal instruments, drafting of legal documents, compliance of any field related to Borders and human mobility.
• Be familiarized with World Bank Projects and Protocols
• At least 10 years of proven experience supporting Governments in legal advice and assessment matters.
• Proven experience in engagement with Government stakeholders and facilitation of TWG meetings to draft and review documents.
• Understanding of Governmental structure, political system and legislation of Mozambique and Malawi.
• Proven knowledge of Migration and Trade correlations.
• Understanding of security, border and migration system management.

Education

•  Master’s degree in international law, Political Science from an accredited academic institution.
•  Language: Fluent in English; Portuguese is an advantage.

Malawi and Mozambique serve as key migration and trade corridors. The IOM project, Facilitating Cross-Border Mobility and Small-Scale Cross-Border Trade, introduces a Mobile Border Pass System along the Mozambique-Malawi border to enhance efficient, secure mobility along the Nacala and Beira Corridors. This initiative supports the socio-economic resilience of cross-border communities, particularly small-scale cross-border traders (SSCBT), of whom 70% are women, by providing an inclusive solution that addresses gender-specific challenges. To implement the project, IOM seeks an experienced consultant to conduct a legal assessment of cross-border mobility frameworks and evaluate the Mobile Border Pass arrangements between Mozambique and Malawi. The consultant will make recommendations aligned with national, regional, and international frameworks on mobility and trade facilitation.