Call for Applications: Legal Expert - 662-M8-c.7-103/25

Project “Strengthening Migration Management, Asylum and Return Processes in the Western Balkans”, co-funded by the Asylum, Migration and Integration Fund (AMIF) and the Austrian Federal Ministry of the Interior (BMI)

Contract number:

662-M8-c.7-103/25

TERMS OF REFERENCE FOR THE EXPERT

1. PROJECT BACKGROUND INFORMATION

1.1. Beneficiary countries

Bosnia and Herzegovina, Serbia, North Macedonia, and Montenegro.

1.2. Project overall objective

“Strengthening Migration Management, Asylum and Return Processes in the Western Balkans  

The overall objective of this project is strengthening the structural reception and protection capacities in the Western Balkans countries, in full accordance with fundamental rights and the EU acquis, fostering regional cooperation, and alleviating pressure on the EU.

The specific objectives are:

1. to provide practical assistance to the security structures of the Western Balkans that oversee the processes of return and migration/asylum management, helping them build capacity for the development and implementation of return and asylum programs while encouraging regional cooperation;
2. to improve the efficiency and rights-based nature of the asylum and return process demonstrates the commitment of the participating countries to managing migration in a humane and organized manner, following international standards in Bosnia and Herzegovina, Serbia, North Macedonia and Montenegro through capacity building.

1.3. Project background

The Western Balkan Route continues to be active as one of the main migratory pathways towards the EU and creates high pressure on transit countries that are not sufficiently prepared for the sudden increase in irregular migrants, causing difficulties in managing mixed migrations, particularly in border security agency cooperation. Structural deficiencies, political mistrust, and lack of information sharing hamper effective management.

That is why it is necessary to improve the acceptance process, readmission, and asylum policy, including regional solidarity and the exchange of intelligence data, and to provide support for the authorities responsible for migration and asylum to improve their knowledge and tools for quick action.

The project locations are the main transit countries at the so-called Eastern Mediterranean migration route, i.e. North Macedonia, Serbia, Bosnia and Herzegovina, and Montenegro, selected in such a way to most effectively reach the right target groups and thus achieve the project objectives.

The specificity of this project is its comprehensive approach to solving the process of migration, asylum, and return in the Western Balkans region, focusing on capacity building, technical assistance, training, and creating a strong network for the return of the Western Balkans.

By supporting the capacity building of Western Balkan countries in migration management, the project will contribute to a safer and better-managed migration environment, which can have a positive spillover effect on both Austria and other EU member states. Furthermore, this project promotes regional cooperation and integration, thus contributing to the overall stability of the region.

The project contributes to the New Pact on Migration and Asylum and emphasizes in the priority areas of the operational strategy the need to increase mutual coherence in the implementation of the EU's return policy. The comprehensive approach to migration focuses on building partnerships and cooperation in migration with third countries.

Return, as an important element of migration management and European integrated border management and the Schengen policy cycle, has been confirmed through various strategic documents and conferences at the policy level within the EU member states. Effective returns and readmissions are an integral part of strengthening the integrity of the asylum system and increasing the attractiveness of voluntary return programs, and helping reduce irregular migration.

“Strengthening Migration Management, Asylum and Return Processes in the Western Balkans”, is a project co-financed by the Asylum, Migration and Integration Fund, as well as the Federal Ministry of Interior of the Republic of Austria. It is a regional project that aims to build capacities and enable networking and cooperation for security structures in Bosnia and Herzegovina, Serbia, North Macedonia, and Montenegro, in the area of migration management, asylum and return processes. That goal is attainable through regional meetings, conferences, and training designed for security structures.

The project locations of implementation are selected to achieve desired target groups and project objectives.

This project is implemented by the Hilfswerk International representation office in Sarajevo, Bosnia and Herzegovina, in coordination with the project partner Joint Coordination Platform (JCP).

1.4. Project results/outcomes

Better cooperation in the Western Balkans in the area of migration/asylum management, and return processes.

Strengthened security structures in Bosnia and Herzegovina, Serbia, North Macedonia and Montenegro through capacity building for better cooperation, networking and coordination

2. DESCRIPTION OF THE EXPERT TASKS

2.1. Expected achievements

The expert will work on the creation of a document entitled "Strategic recommendations for communicating content about migration in public space" - which includes defining clear and precise ways to distribute relevant information, recommendations and guidelines for public speaking on the subject of migration.

The goal of this document is to improve understanding, ways of communicating and the importance of accurate and non-discriminatory reporting on people in migration and asylum seekers, with a special focus on explaining the key terms that are most commonly used in public space.

This document will be intended primarily for representatives of institutions and services dealing with migration and asylum issues, but also for the media representatives, NGOs and citizens in general. Another goal of this document is to link and harmonize knowledge between policymakers, law and communication teams responsible for migration issues in relevant institutions.

The expert will work on the implementation of tasks that include a review and analysis of the actual and current way of communication between the relevant institutions and the public, an explanation of the correct terminology on migration and asylum recognized in BiH laws and international acts, and other tasks that are detailed in point 2.2. of this ToR.

This task is crucial in order to ensure that the content of the recommendations document is relevant for reference to local and international laws, but also international agreements and declarations which specify the approach without violation of human rights.

2.2. REQUESTED SERVICE

 2.2.1. Objectives of the assignment

The Expert is hired to carry out the following tasks and activities related to the preparation and implementation of the “Strategic recommendations" document:

1. Introduction to the project and preparatory meetings with the Contracting Authority, meeting with the PR of the MSBiH, as well as meeting with an expert representative from the media (1 day)
   
   
2. Analysis and review of current documents: consideration of the legal consequences of hate speech in the media and advertising (3 days)

• Analysis of the legal framework and ethical principles on migration and asylum in reporting (local, national, EU and international laws)
• Review and analysis of the impact of legal regulations and obligations on media reporting and advertising: responsibility of media, public institutions and organizations in reporting on migration
• Review and analysis of data protection law: legal standards and ethical guidelines for the use of data, photographs and videos of migrants and asylum seekers in public discourse; protection of personal, identity and sensitive data
• Analysis of regulations on hate speech and disinformation
• Communication with the PR representatives of the Ministry of Security of BiH in order to collect data and gain insight into specific challenges and shortcomings of the current guidelines for public communication regarding migration topics.
  
  3. Development of strategic recommendations (3 days)
  
  
• Proposing a framework for responsible communication about migration in accordance with legal norms and best practices
• Creating guidelines for media reporting with special emphasis on respecting human rights, identity and dignity of people in migration process
• Preparing guidelines for the legal distinction between free speech and hate speech in migration reporting
• Recommendations for avoiding illegal use and publication of sensitive data (identity information, photos and video materials) of people in migration
• Highlighting the effects and violations of rights in spreading false information, defamation and discrimination
• Presenting possible improvements to the law to ensure ethical communication on migration

4. Preparation of the final recommendation document in coordination with an expert from the media (2 days)
   • Preparation of the final document with comprehensive guidelines and conclusions in the form of recommendations, which will include legal and media analysis

5. Consultations and support upon completing the creation of the document (1 day)
   • Providing support and consultation to the teams of the Contracting Authority, Ministry of Security of BiH or digital printing team regarding the final activities of creating a short version of the printed recommendations

2.2.2. REQUIRED OUTPUTS

• Detailed analysis of local and international laws regulating ethical and non-discriminatory reporting in the field of migration and asylum
• Explanation of key terms that are prescribed by the definitions and distinguish the statuses of persons in migration (asylum seekers, migrants, refugee, person on temporary residence etc.)
• Documenting practical examples and proposals for improving the public speaking of institutions and organizations regarding migration
• Presented clear guidelines for improving the media narrative in migration in accordance with the legislation
• Created a comprehensive document with clear guidelines for communication through the mapping of key challenges and recommendations for its improvement and better communicating in public space

The Expert will have the experience and qualifications to undertake the foreseen activities.

Qualifications and skills:

• University degree in Law, Political Sciences, Security Studies, International Relations and Diplomacy or related Social sciences;
• At least 10 years of experience working in the field of law, communication or migration and asylum related tasks;
• Knowledge of the fundamental rights framework, EU legislative framework and relevant directives related to migration;
• Experience in developing messaging strategies and communication guidelines or strategic communication recommendations;
• Excellent understanding and written English is an asset;
• Excellent reporting/writing abilities;
• Ability to work as a team member and individually.

General professional experience:

• At least 10 years of professional experience;

Specific professional experience:

• Developed understanding of the legislative framework in migration, asylum, refugees, protection of human rights and fundamental freedoms, international law;
• Experience in acts and communication about international protection and humanitarian law on migrants and asylum-seekers;
• Experience in creating guidelines and recommendations for communicating procedural topics and legislation
• Deep understanding of the functioning of WB institutions and law
• Understanding of the Western Balkans context in migration and reporting is considered to be an advantage

 3. LOCATION AND DURATION

The reporting base is Sarajevo, office of the Contracting Authority. The assignment is intended to start on 03.03.2025. and end by 30.04.2025. Initial allocation for this assignment is 10 days (time equivalent in hours - 80 hours).

 4. DELIVERABLES AND REPORTING    

The Expert will directly report to the Regional Project Manager at the HWI Project Office in Sarajevo.

Communication during the creation of the document and all questions will be addressed to the HWI Coordinator for Communications and Visibility.

Final document "Strategic recommendations for communicating content about migration in public space" should be submitted by e-mail to the HWI Regional Project Manager.

The Expert will provide copies of all documents/materials prepared as part of the assignment.

 5. ADMINISTRATIVE INFORMATION

 The Expert will be provided with working space at the project office, including access to the Internet, a printer, and a photocopier (if needed), or he/she can work on the task remotely.

The Project Office will provide the Expert with copying service and needed materials or documents.

The Expert is expected to use his/her laptop, and cover intra-city travel fees. For the eventual workshop deliveries outside of Sarajevo, the Project Office will cover travel and accommodation fees.

  6. REQUIREMENTS FOR SUBMISSION AND DEADLINES

The interested candidate must submit the following documentation:
1. CV (biography)
2. Financial offer for engagement
3. Motivational letter explaining the relevant experience and expertise in the requested field

The deadline for submitting the requested documentation is February 27, 2025. no later than 2:00 p.m., to the e-mail addresses: enaidah@hwi.ba and nadinap@hwi.ba, or through personal submission of the documents to the office address: Mis Irbina 10, 71000 Sarajevo.
All inquiries and questions can be communicated by email: nadinap@hwi.ba, contact person Nadina Pleh Sijerčić.