Détails de l'annonce
Organisation : Médecins Sans Frontières - Artsen Zonder Grenzen
Site web : https://www.msf-azg.be/en/job/legal-advisor
Adresse email : Recruit-HQ-DG@brussels.msf.org
Lieu de l'emploi : Brussels /
Fichier :dg_legal_advisor_may2021.pdf
Type d'emploi : Contrat à durée déterminée
Type de contrat : Temps plein
Fonction : Autre
Date de publication : 12/05/2021
Date limite : 30/05/2021
Profil
- Educational background in Law and International Humanitarian Law in particular and/or strong work experience in IHL
- Minimum 7 year’s professional experience including at least 3 years as a lawyer or legal counsel
- Operational experience as a legal advisor on the field is an asset
- Rigor, clarity and ability to adapt to different legal systems, sense of priorities and of organization
- Ability to translate an operational negotiation in legal language
- IT skills
- French and English speaking is mandatory, additional languages is an asset
Description
Legal Advisor (m/f/x)
12/05021
Médecins Sans Frontières (MSF) is an international humanitarian aid organization that provides assistance in more than 60 countries to populations in distress, to victims of natural or manmade disasters and to victims of armed conflicts, without discrimination and irrespective of origin, religion, creed or political affiliation.
CONTEXT
To cover some elements of a maternity leave, the General Direction Department is looking for a LEGAL ADVISOR.
Under the hierarchical supervision of the General Director Deputy and the functional supervision of the Administrative and Legal framework Unit manager and Humanitarian space/IHL Unit manager of the Intersectional Legal Department, the Legal Advisor provides direct legal support to operational teams regarding two main area of activities: Humanitarian space/IHL as well as Administrative and Legal framework of OCB missions and projects.
Acting as a legal advisor, (s)he works in an integrated way with OCB and others OCs legal advisors and with the relevant legal Unit managers of the Intersectional Legal Department to ensure that OCB receives coherent and best quality support.
Acting as legal advisor for OCB, (s)he works in an integrated way with OCB legal advisors to support operational teams with regard to protection of medical mission and legal administrative framework of the operations.
Within the scope of his/her direct and delegated activities, the legal advisor is responsible for the identification and assessment of missions’ overall legal risks and definition of strategies and mitigation measures.
RESPONSIBILITIES
In particular, s(he) will be charged with the following responsibilities:
1. Humanitarian space/International Humanitarian Law (IHL)
Under the supervision of the Humanitarian space/IHL Unit manager, (s)he develops expertise and supports missions on International Humanitarian Law, International Human Rights Law and International Justice:
- Support field teams in the development of legal arguments aimed at defending the medical mission and MSF’s humanitarian space, particularly providing support to field teams (via desks) regarding IHL issues during negotiations of Memorandum of Understanding (MoU) or special agreements/status, during the management of incidents and in the protection of victims of conflict.
- Brief and debrief all relevant staff departing and coming back from IHL contexts.
- Participate in the Intersectional Legal Department (IDL) Unit 1 – Protection of Humanitarian Space & IHL country approach follow up and management on IHL and counter-terrorism including specific country analyses.
- Support MSF teams in the management of individual cases of violence against patients as well as against MSF personnel in the field and security incidents when applicable (such as arrest, kidnapping, murder, threats or cruel treatment) or any violation of the protected status of the medical mission in general
- Manage legal issues of requests from commissions of inquiry or national or international legal proceedings regarding violations of IHL, or national or international criminal frameworks and ensuring that MSF’s policy on participation in such proceedings is applied.
- Train MSF personnel on relevant IHL issues and develop relevant tools.
- Participate in and contribute to intersectional working groups of the legal department, particularly relating to IHL and national/international legal proceedings.
2. The administrative and legal framework of OCB missions and projects:
The scope of activities delegated is decided by OCB Administrative and legal framework legal advisor based on annual evaluation and prioritisation of OCB operational needs in consultation with the Administrative and Legal framework Unit manager.
Upon and within the scope of this delegation, s(he) may be charged with the following responsibilities:
- Advise and implement optimal solutions to improve the legal and administrative frameworks of MSF missions
- Advise on registration options and closing strategies in the different countries of mission, in coordination with other legal advisors
- Contribute to the development and review of legal documents missions (MOU, contracts with a significant financial commitment) and the improvement of administrative tools (contracts, power of attorney) and have an overarching view of the legal and administrative status
- Identify legal requirements regarding the practice medicine for foreign personnel in MSF field missions and the management of medical and pharmaceutical/facilities
- Participate to the selection of lawyers/ law firm in mission countries and work in relation with them on identified subject or litigation; supervise and evaluate in the scope of his/her activities, the quality of their work in coordination with the mission;
This part includes also the coverage of issues around taxes and host country agreements:
- Evaluate and analyze fiscal risks applicable to each legal/administrative framework in the countries and Support field teams in their management of their tax audits/incidents
- Train MSF teams on relevant tax issues and negotiations of exemptions
- As a SHIELD member*, undertake SHIELD studies of individual country contexts and solutions provided in local law (ad hoc agreements) and in international law (Host Country Agreements) and identify legal policies and procedures to negotiation such agreements or special fiscal or administrative exemptions from the relevant authorities
- Be in charge of the direct follow-up of certain SHIELD countries (at assessment, negotiation or implementation stage) and liaise with other SHIELD members
* SHIELD stands for “Sustainable Humanitarian Intervention through exemptions and legal derogations” It is an internal MSF platform aiming at negotiating avenues of cooperation with national governments to facilitate the deployment of MSF operations.
CONDITIONS
- Expected starting date: 12/07/2021
- Contract type: Replacement contract of 7 months, Full-time
- Location: based in Brussels
- Salary according to MSF-OCB HQ grid – Hospital Insurance (DKV) – Pension Plan – 100% reimbursement for public transportation costs
- Adhere to the MSF principles and to our managerial values: Respect, Transparency, Integrity, Accountability, Trust and Empowerment
- Adhere to the MSF Behavioral Commitments
Deadline for applications: 30/05/2021
How to apply?
Please, send your CV and cover letter to Recruit-HQ-DG@brussels.msf.org and mention “Legal Advisor” in the subject of your email.
Only shortlisted candidates will be contacted.
MSF values diversity and is committed to create an inclusive working environment. We welcome applications from all qualified candidates regardless of disability, gender identity, marital or civil partnership status, race, color or ethnic and national origins, religion or belief, or sexual orientation.
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