Expert and Trainer on Privileges and Immunities

TERMS OF REFERENCE

PROJECT: Professionalize African Union staff for Rule of Law Initiatives

Activity: AUC Training in Privileges and Immunities

Background

On the 28^th of September 2017, the Government of the United States of America and the African Union Commission signed a Letter of Agreement (LOA) on Rule of Law and Criminal Justice Assistance. The agreement provided for inter alia, training, mentorship, capacity building and material support to the AUC staff to develop their skills and to promote good governance and successfully implement rule of law projects. In September 2018, the American Bar Association Rule of Law Initiative was contracted by the United States Government to implement the program with the African Union (AU).

Project Goal: To strengthen AUC staff’s capacity to advise on issues of governance, transnational crime, and peace and security, to propose effective approaches to advancing these AU priorities, and to successfully oversee and implement mechanisms addressing these issues.

Project Objectives:

1. AUC staff possess increased knowledge and skills for handling matters related to governance, rule of law, criminal justice, transnational crime, and other legal and rule of law topics requested by AU officials;

2. AUC staff and offices have enhanced capabilities to develop and manage implementing mechanisms related to the topics identified in #1;

3. AUC staff possess improved skills to measure and analyze the effectiveness of mechanisms implemented to promote rule of law, good governance, an improved law enforcement and judiciary, and human rights;

4. AUC staff have a strong knowledge of open source resources to facilitate their work.

Project approach:

ABA ROLI will in consultation with the AUC/Office of the Legal Counsel (OLC) draw on a mix of internal experts and its global network of members and contacts to identify qualified individuals to develop curricula for training programs, administer the trainings, and develop reference materials on the topics prioritized by the AUC. ABA ROLI will develop additional trainings and reference materials over the course of the program in response to emerging issues facing the AU. The project also offers AUC staff the opportunity to participate in a tailored mentorship program in which AU staff will propose change plans that will serve as the basis for the mentorship.

The AU Privileges and Immunities Training

The legal system on privileges and immunities in African Union is guided by the General Convention on Privileges and Immunities of the Organisation of African Union (1965), the Additional Protocol to the OAU General Convention on Privileges and Immunities (1980), and the Convention of Privileges and Immunities of the United Nations (1946), the Vienna Convention on Diplomatic Relations (1961) and customary International Law. All 55 member states of the African Union are obliged to abide by the terms of the conventions in hosting AU bodies.

Disputes over violations of privileges and immunities terms and conditions are regularly brought to the attention of the OLC in the AUC with little or no prior consultation having been made with the AU organs, as a result the office spends a considerable amount of time mediating disputes. Disputes over privileges and immunities violations would have been resolved amicably by the AU organs that have the mandate to mediate them however, limited capacity in privileges and immunities at the organs is a factor that is reportedly responsible for the number of disputes that are escalated to the Commission.

As envisaged under Article 5 of the Constitutive Act, the AU has various organs established outside of the Headquarters. In a needs assessment exercise carried out in March-April 2019 the AUC prioritized the need for capacity strengthening in privileges and immunities, particularly in practical aspects including the submission of draft host country agreements, facilitation of the negotiations with the host country and in undertaking precautionary measures through application of the concepts, best practices and case studies and provision of reference materials.

Scope of work

The project seeks to engage an expert to facilitate the training in privileges and immunities. The selected expert will design and administer online training for staff of the AUC. The specific deliverables include the following: -

1. Develop curriculum and training content for an online knowledge and skills training of AU staff in privileges and immunities

2. Conduct knowledge and skills trainings for AU staff to strengthen their capacity in privileges and immunities

3. Develop reference and guidance materials, manuals and forms for AU staff to consult and learn about additional sources of information that can facilitate their work.

4. Provide mentorship support to AU staff in topics related to privileges and immunities and international diplomacy.

Due to COVID-related travel restrictions the training course will be offered online. Modalities for instruction and interaction with participants will be determined with AU training unit and the selected expert. The expert will be expected to research and incorporate both international and context specific examples in the training.

Experience required: Expert in Privileges and Immunities Training

1. The expert will be a qualified legal practitioner with over 10 years’ experience in curriculum development and training in international law and privileges and immunities.

2. The expert will also have practical experience in application of provisions on privileges and immunities in host country agreements.

3. Knowledge of the African Union system is a benefit.

Expression of interest:

Please submit the following to Danielle Schmitz at africa-recruitment@abaroli.org by 5:00 pm Friday, May 22nd:

1. Motivation letter

2. Curriculum vitae

How to apply:

Please submit your applications to africa-recruitment@abaroli.org