Consultant - Ild Structure: Follow Up of The 2017

vor 2 Wochen

Genf, Genf, Schweiz MSF International Vollzeit

Location:
Any MSF office / Home-Based

Contract:
Consultancy contract

Duration: 3 months (65 days)

Starting date:
mid-April

Deadline to apply:4 April 2021

I. MSF INTERNATIONAL


Médecins Sans Frontières (MSF) is an international, independent, medical humanitarian organisation that delivers emergency aid to people affected by armed conflict, epidemics, healthcare exclusion and natural disasters.

MSF offers assistance to people based only on need and irrespective of race, religion, gender or political affiliation.

MSF International is the legal entity that binds MSF's 24 sections, 25 associations and other offices together. Registered in Switzerland, MSF International provides coordination, information and support to the MSF Movement, as well as implements international projects

and initiatives as requested.


The Intersectional Legal Department (ILD) is currently the only intersectional department of MSF; its field of expertise is varied, including among others International Humanitarian Law, registration, taxes, medico-legal issues, medical research, labor law, commercial law, trademarks and international governance.


The ILD ensures that legal support takes into account and reconciles the specific legal frameworks applicable to MSF operations and headquarters with the necessary humanitarian principles specific to MSF's nature as well as the governance of the MSF Movement.

The ILD ensures the protection of the interests of the MSF Movement as a whole as much as the interests of each individual OD or sections.


II. POSITION BACKGROUND
The ILD has a unique structure in the MSF Movement, being the only intersectional department.

The ILD is currently composed of approximatively 35 legal advisors based in Operational Directorates and approximatively 10 on field missions [1].


The Intersectional Legal Director is appointed by and reports to the Executive Committee (ExCom) via the Secretary General as the chair of the Core ExCom.

It works in close collaboration and maintains relationships with the management of each Operational Directorates (OD) to ensure that the ILD addresses MSF's operational challenges from both the individual ODs and the common ODs perspective.

Being an intersectional department enables the ILD to capitalize on legal knowledge and experiences across all ODs.


The ILD team is structured around thematic legal domains grouped into 6 Units whose priority is to support operations by providing strategic legal orientation and pragmatic legal tools.

The Units reflect the important areas of law impacting MSF's humanitarian and medical activities on a day-to-day basis (i.e. IHL & humanitarian space, medical framework of mission, human resources & duty of care, administrative-legal & commercial framework, MSF international governance & trademarks, Medical research, data & innovation).

The Units are coordinated by Unit Managers, responsible for elaborating and implementing the strategies of their units and managing their team.


For OD legal advisors, a system of double hierarchy is in place: OD legal requests are managed by their OD legal team in collaboration with the relevant Legal Units.

OD legal team members report to their OD line managers (e.g. GD, Deputy DG, DirOp or Controller) in respect of all work done for, or at the request of their OD. OD legal team members also report to their relevant Legal Unit Manager within the ILD


In October 2017, a review was conducted in order to clarify, simplify and formalize the ILD's set-up, budget and accountability mechanisms throughout the ODs, the International Office and the Movement.


The ExCom recommended to conduct a check in/an evaluation in the following years, to ensure that this amended management set-up decided at the time be translated into an optimal, efficient and effective legal support to the evolving realities of the operations but as well for the ILD itself and its members.


In addition to this accountability objective, this evaluation is an opportunity for the ILD to capture and reflect on the evolution and potential remaining challenges faced by the ILD in its functioning (scope, functioning as an integrated team, mutualization of expertise to the benefit of ODs and fields, governance and interaction with the different entities,).

This evaluation will need to be both quantitative and qualitative.

III. PLACE IN THE ORGANISATION
The consultant reports to the ILD Director in collaboration with the ILD resources Manager.

IV. OBJECTIVES OF THE POSITION


The purpose of this consultancy position is to quantitatively and qualitatively analyse and evaluate the relevance and performance of the current structure of the ILD reaffirmed in the 2017 review.


This includes:

  • Provide a qualitative evaluation of the current structure, notably regarding the ExCom point of attention such as the practice of the double hierarchy system in place; the relevance of the various Legal Unit perimeters and thei

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