Legal Expert

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Details

Mission and objectives

UNHCR, the UN Refugee Agency, is a global organization dedicated to saving lives, protecting rights and building a better future for refugees, forcibly displaced communities and stateless people.

Context

Since the escalation of the conflict in Ukraine in February 2022, over 2.8 million refugees from Ukraine have entered Bulgaria and until the end of February 2024, the Government of Bulgaria has granted Temporary Protection to more than 189,000 refugees fleeing Ukraine, of whom the majority are women and children. The Council of Ministers has formed a Task Force for the Ukrainian Refugee Response, focusing on inter-ministerial coordination. UNHCR under its mandate leads and coordinates the Inter-Agency refugee response for the Ukraine Situation, in alignment with the Regional Refugee Response Plan for the Ukraine Situation (RRP) – co-leading with and in support of the Government. Under the Refugee Coordination Mechanism, UNHCR has established the national refugee coordination forum – along with an inter-agency Cash Working Group (led by UNHCR), an Education Working Group (led by UNICEF), a Mental Health and Psychosocial Support Technical Working Group (led by WHO), a Protection and Inclusion Working Group (led by UNHCR), a Protection against Sexual Exploitation and Abuse (PSEA) network (co-led by UNHCR, UNICEF and a local organization) which fall under the inter-agency refugee coordination mechanism. There are currently 19 partners involved in the Refugee Response Plan for 2024. Additionally, Bulgaria as an external EU border, plays a strategic role in refugee protection within Europe. In 2023, Bulgaria’s State Agency for Refugees (SAR) registered over 22,500 asylum seekers, most from Syria and Afghanistan, which have exceeded the asylum application numbers from 2022. SAR operates six reception centers for the registration, Refugee Status Determination procedures, and accommodation of asylum seekers. Amid an increase in arrivals of Afghan and Syrian asylum seekers since 2022, UNHCR supports Bulgaria’s Government to ensure policies and legislation are in line with international and EU standards, and promotes a comprehensive refugee response, grounded in a multi-stakeholder, whole-of-society approach.

UNHCR supports government-led efforts to provide key protection – including legal assistance, information on services, education and psychosocial support – reception and accommodation, as well as the delivery of core relief items for winterization and cash assistance for the most vulnerable groups. UNHCR’s priority protection interventions include access to territory and asylum procedures, inclusion of refugees in state-led programs, Child Protection and Gender Based Violence prevention, risk mitigation and response, support to persons with specific needs, and mitigation of the risks relating to trafficking and other forms of abuse and exploitation. UNHCR is also providing technical support to asylum authorities for digitalised systems.

Task description

This UNV assignment is part of UNHCR’s core protection initiative to assess and support the national law on refugee protection under the Migration and Asylum Law. Among other provisions of the Asylum and Migration Pact files, Article 6 of the Asylum Procedures Regulation provides for UNHCR’s access to asylum-seekers and refugees in reception centres and detention and at the borders and transit zones, among other places where they may be. It refers that UNHCR should “have access to information on individual applications for international protection, on the course of the procedure and on the decisions taken, subject to the consent of the applicant; and should be able to present its views, in the exercise of its supervisory responsibilities to any competent authorities regarding individual applications for international protection at any stage of the procedure”. This refers to broader supervisory responsibilities of UNHCR, as contained in its Statute and in Article 35 of the 1951 Convention relating to the Status of Refugees and in Article II of the 1967 Protocol, with regards to the protection of refugees, that entails, among others, supporting the Governments to provide protection and solutions for international protection applicants and beneficiaries in line with international law, including as evolved under the jurisprudence of the European Court of Human Rights and the Court of Justice of the EU.

Task description:

• Assist in the preparation of legal advice and drafting of position papers and guidelines on pertinent legal and operational issues.
• Stay abreast of the domestic legal issues and pertinent laws regarding forcibly displaced and stateless populations in Bulgaria and advise the Office accordingly.
• Contribute to advocacy towards proper interpretation of law and doctrine as well as in the development of standards of protection.
• Consistently apply international and national law and UNHCR policies and standards.
• Assist the Office in providing legal counselling to forcibly displaced and stateless persons.
• Liaise and intervene with local authorities on the legal issues pertaining to forcibly displaced and stateless persons.
• May act as interpreter during meetings with authorities, if required.
• Participate in meetings within UNHCR and with external counterparts at the relevant level.
• Assist in the development of project proposals and project implementation.
• Perform other related duties as required.

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