The assigned tasks are to be performed betweenthe established working period, over a total of 40 working days. The remuneration to be paid will be determined by HRMS on the basis of the level of the functions to be performed and the level of qualifications of the consultant. The consultant is expected to deliver oral or written progress reports with a description of how the assigned work is being carried out, together with the submission of specific deliverables.
Payment of the fee will be made in two instalments upon submission of the deliverables as provided below. No payment will be made if the consultant fails to complete the service specified in the contract or the terms of reference to the full satisfaction of UNODC/CEB. If the service is carried out partially or partially satisfactory, a determination may be made by UNODC/CEB of the amount, if any, to be paid based on that part of the work completed
Home based
Proposed period:
October 2022 - February 2023
(40 working days)
Background of the assignment:
Establishing effective measures to hold the perpetrators of corruption to account is critical to the global fight against corruption. The Conference of the States parties to the United Nations Convention against Corruption (COSP), as well as other international fora and mechanisms, have repeatedly called upon States to establish effective enforcement mechanisms to end impunity for bribery and corruption and to cooperate internationally towards this end. Although States have the authority to penalize acts of corruption through either criminal, civil or administrative sanctions, historically criminal remedies have received the most attention from policymakers, even though civil and administrative sanctions have proven to be an effective method of deterring and penalizing acts of corruption. While the importance of civil and administrative measures is recognized in different international instruments, these measures remain a potentially under-utilized mechanism. This is particularly evident when it comes to international cooperation and asset recovery cases, where many States have limited experience in the use of civil and administrative channels and their use is often met with legal and practical obstacles.
Deliberations on ways to promote international cooperation in civil and administrative proceedings have taken place in the expert meetings to enhance international cooperation and in the COSP’s working group on asset recovery. The secretariat has produced several reports and notes on the topic concluding that most States that participated in data collection efforts had limited or no experience with international cooperation in civil and administrative proceedings against corruption. The reports also highlighted that a lack of familiarity with non-criminal cooperation procedures and reluctance to work outside of the traditional assistance channels are two major obstacles to the broader use of civil and administrative cooperation.
To address the abovementioned gaps, the UNODC plans to conduct a study on this topic, with a particular focus on international cooperation, which aims to identify good practices and make recommendations on how to improve the use of civil and administrative measures to combat corruption, and improve international cooperation.
The overall objectives of the study are:
• to examine trends, challenges, good practices, and lessons learned in the use of civil and administrative liability regimes against corruption. The study will serve as an important tool for policymakers that wish to enhance domestic civil and administrative laws and policies for corruption offences;
• to identify challenges and opportunities related to international cooperation on cases involving civil and administrative liability against corruption and develop recommendations on how to improve international cooperation in such cases.
Purpose of the assignment:
The UNODC intends to prepare a study which can serve as a publicly available reference document designed to facilitate the use of civil and administrative measures against corruption, including for the purposes of international cooperation.
Under this assignment, it is expected that the consultant prepares a study that addresses two topics which are outlined in the objectives mentioned above. The first topic will examine State practice on the use of civil and administrative liability regimes to combat corruption including trends, challenges, good practices, and lessons learned. The second topic will analyse the use of international cooperation in civil and administrative proceedings against corruption including relevant challenges and opportunities. The study will consist of a desk review of civil and administrative laws, policies and practices related to corruption. The desk review will be complemented by a survey of States parties to the UN Convention against Corruption, which will be developed to seek information on the legal, procedural and practical aspects of the use of civil and administrative measures to combat corruption and for international cooperation.
The study is envisaged to be a concise, practically oriented document. It is aimed primarily at legislators and policymakers who could use it to assess whether the legal and policy frameworks in place in their jurisdictions adequately address the issue, and as a starting point to develop new initiatives where necessary. At the same time, the knowledge product should also be relevant for law enforcement agencies which could use it to guide their investigations and international cooperation efforts involving civil and administrative liability for corruption.
Academic Qualifications: • An advanced university degree (Master’s degree or equivalent) in law, criminology, international relations, political science, other social sciences or a related field is required. A first level university degree in combination with two additional years of qualifying experience, may be accepted in lieu of the advanced university degree.
Experience: • A minimum of 5 years of relevant professional experience is required.
• Professional experience in conducting legal research and drafting, reviewing, and editing of technical/academic studies such as background papers, policy studies or academic publications is required.
• Professional experience, including in conducting research for and drafting of publications, on issues related to the civil and administrative liability for corruption is desirable.
• Knowledge of crime prevention and criminal justice issues is desirable.
• Professional knowledge of and experience with issues related to international cooperation against corruption is desirable.
Language: • English and French are the working languages of the United Nations Secretariat. For this post, oral and written fluency in English is required. Knowledge of another official United Nations language is an advantage.
THE UNITED NATIONS DOES NOT CHARGE A FEE AT ANY STAGE OF THE RECRUITMENT PROCESS (APPLICATION, INTERVIEW MEETING, PROCESSING, OR TRAINING). THE UNITED NATIONS DOES NOT CONCERN ITSELF WITH INFORMATION ON APPLICANTS’ BANK ACCOUNTS.