Senior Legal Adviser

Closing date (Geneva time zone):31-12-2019

Duty station:Nairobi

Country:KENYA

Duty station status: Family Duty Station

Accompanied status: Accompanied

Duration:2 years

Category of Staff: Delegate

Grade: D2

Vacancy No:IFRC03611

Background

The International Federation of Red Cross and Red Crescent Societies (IFRC) is the world’s largest humanitarian organization, with 190 member National Societies. As part of the International Red Cross and Red Crescent Movement, our work is guided by seven fundamental principles; humanity, impartiality, neutrality, independence, voluntary service, unity and universality.

Organizational Context

The International Federation of Red Cross and Red Crescent Societies (IFRC or “the Federation”) is the world’s largest volunteer-based humanitarian network. The Federation is a membership organization established by and comprised of its member National Red Cross and Red Crescent Societies. Along with National Societies and the International Committee of the Red Cross (ICRC), the Federation is part of the International Red Cross and Red Crescent Movement. The overall aim of the IFRC is “to inspire, encourage, facilitate, and promote at all times all forms of humanitarian activities by National Societies with a view to preventing and alleviating human suffering and thereby contributing to the maintenance and promotion of human dignity and peace in the world.” It works to meet the needs and improve the lives of vulnerable people before, during and after disasters, health emergencies and other crises. The Federation is served by a Secretariat based in Geneva, with regional and country offices throughout the world. The Secretariat is led by the IFRC Secretary General and provides the central capacity of the Federation to serve, connect, and represent National Societies. The Secretariat’s focus includes providing support to the IFRC governance mechanisms; setting norms and standards; providing guidance; ensuring consistency, coordination, and accountability for performance; knowledge sharing; promoting collaboration within and respect for the RCRC Movement; and expanding engagement with partners. The Secretariat’s headquarters is organized in three main business groups: (i) Partnerships, including Movement and Membership; (ii) Programs and Operations; and (iii) Management. The Secretariat has five regional offices as follows: Americas (Panama City); Africa (Nairobi); Asia and Pacific- AP (Kuala Lumpur); Europe (Budapest); Middle East and North Africa-MENA (Beirut). The position of Senior Legal Adviser for Africa is based in the Africa Regional Office in Nairobi, Kenya. The Senior Legal Adviser for Africa reports to the Regional Director with a technical reporting line to the Managing Legal Counsel, Partnerships, Programmes and Operations, Legal Department, Headquarters. The Senior Legal Adviser for Africa is a member of the Global Legal Team, which advises the organisation globally in the following areas: • Management of legal risks; • Compliance with applicable legal and regulatory framework; and • Support to member National Societies in their own legal risk management. The Senior Legal Advisor for Africa will primarily provide legal services to the regional office, country offices, country cluster support teams (CCST) and operations throughout the Africa region. The position requires travel from time to time.

Job Purpose

Under the technical guidance of the Managing Legal Counsel, Partnerships, Programmes and Operations, Legal Department, Headquarters, the Senior Legal Adviser for Africa will:

Advise on and provide legal services regarding the organization’s activities and operations in the Africa region, including to the regional office, country and CCST offices at the technical and managerial levels, in relation to the management of legal risks in the areas of expertise mentioned below;

Provide legal advice principally on contracts, diplomatic law, employment law, administrative law of international organisations, public international law, and in general on all legal claims, commitments and liabilities of the organisation in the Africa region;

Support the development and use of the contract management system in the Africa region; and

Proactively contribute to the development of the organization’s broader policy and legal services to its membership in the Africa region.

Job Duties and Responsibilities

Under the technical guidance and supervision of the Managing Legal Counsel, Partnerships, Programmes and Operations, Legal Department, Headquarters, the Senior Legal Adviser is responsible for:

General advice and management of compliance obligations and legal risks for the Africa region

Provide expert legal advice regarding the management of the legal risk for the organisation in the Africa region in a broad range of general legal issues and complex and sensitive legal matters;

Provide expert legal advice and guidance in the following areas, including in relation to the development and implementation of the Federation’s wide systems, procedures, policies and tools, which have an impact on the legal obligations and risks of the organization in the Africa region:

(1)Programmes and Operations – Emergencies

Provide legal advice and oversee the negotiation of a broad range of agreements and projects in particular in relation to Health and Care, Migration, and Cash programmes;

Provide legal advice on the legal structuring of deployment mechanisms of the IFRC;

(2)Movement Coordination

Provide legal advice on Movement Coordination matters;

(3)Logistics, Procurement and Supply Chain Management

Provide legal advice to the Logistics, Procurement and Supply chain management (LPSCM), including for the fleet, for ensuring compliance with the Procurement policies, rules and regulations;

(4)Security matters

Provide legal advice to the Security team in the Africa region in relation to the duty of care owed to staff and related liabilities;

(5)Legal Status of the Federation

Provide legal advice in relation to the IFRC’s legal status in the Africa region and negotiation and drafting of status agreements, including enforcement of privileges, immunities and obligations of said agreements;

(6) Partnerships

Provide legal advice on the structuring of IFRC’s activities, including complex grants or other relationships such as joint-ventures, partnerships coordination structures, and/or delegated functions;

Liaise with UN Agencies, other components of the International Red Cross and Red Crescent Movement, governmental and nongovernmental organizations and collaborate with them on legal matters;

(7) Emblem and Logo

Provide legal advice on the rules and regulations pertaining to the Emblems and use of the Federation’s name and logo;

(8)Labour, disciplinary and ethics matters

Provide legal advice on labour law, disciplinary and ethics matters including in particular to HR and senior management on individual case management, such as recruitment, performance reviews, misconducts, termination of contracts and other issues with potential legal implications;

(9) Case management: Handling of disputes (mediation, arbitration, litigation etc.) in which the Federation or its employees are a party in the Africa region

Oversee all legal disputes in which the Federation or its employees are a party, including before national courts; Oversee all settlements;

Provide legal advice on referral of cases to national authorities and requests for information and/or cooperation from national authorities;

Provide legal advice on the waiver of privileges and immunities of the Federation and its staff;

(10) Coordination of local counsels

Lead, select and coordinate the engagement and utilization of external legal counsel in the Africa region;

Coordinate with local legal counsel in the Africa region, ensuring conformity with applicable laws and alignment throughout the region with IFRC’s legal framework and approach; and

Map and track all potential and ongoing cases within the region.

 Systems, policies and procedures

Support with the implementation of the online contract lifecycle management system (eContracts); and

Lead and oversee the compliance with all legal policies, procedures, tools and systems, including the eContract system, the Federation contracting policy and the Contract Approval Matrix (CAM) in the Africa region and ensure the dissemination of compliance and legal risks management good practices throughout the Africa region.

Project management and change management

Manage legal projects as needed.

Training

Contribute to the development of training material and provide trainings to IFRC staff and national societies legal advisers in the Africa region on legal risks and compliance.

Support to Membership

Develop webinars, legal tools and legal services for National Societies in the Africa region in coordination with the Global Legal Team;

Support the network of African National Society legal advisers; and

Manage projects related to legal risk management and compliance for the National Societies in the Africa region.

Other tasks

 Monitor legal information and developments that are or may be applicable to the Federation and National Societies in the Africa region; and

Perform any other job-related tasks as assigned by the Managing Legal Counsel, Partnerships, Programmes and Operations, Legal Department, Headquarters.

Education

University degree in law

Bar membership or equivalent

Experience

At least 5 years of prior experience in the practice of law

Field experience handling legal issues

Experience in private practice and/or in-house corporate legal environment

Knowledge of the ILOAT case-law

Experience with contract management systems (CMS)

Sensitivity in and prior exposure to cross-cultural situations

Experience in dealing with outside counsel

Experience in working in a team environment, with remote team members

Red Cross/Red Crescent experience or other humanitarian/non for-profit experience would be an asset.

Knowledge, skills and languages

Good judgment and ability to work with complete integrity and confidentiality

High degree of discretion, tact and sensitivity in dealing with internal and external clients and stakeholders at all levels

Excellent analytical skills

Excellent drafting skills

Professional work ethic

Knowledge of applicable legal and regulatory framework to international organisations

Ability to manage change projects (CMS)

Training and coaching skills

General knowledge of international affairs.

LANGUAGE

Fluently spoken and written English and French is mandatory

Competencies and values

Communication

Collaboration and team work

Judgement and decision making

Creativity and Innovation

Building Trust

National Society and customers relation

Comments

The Federation is an equal opportunity employer.