In 2024, The government of Iraq announced its decision on closure of IDP camps in KRI and return of Yazidi community to Sinjar by July 2024. In parallel, the repatriation of Iraqis from NE Syria to communities in Ninewa, Salahaldin and Anbar Governorates continue to take place. Effective access to reparations provided for by the Law 20 of Compensation to Victims of Military Operations, Terrorist Operations, and Military Mistakes (Law 20), is a potent mechanism in alleviating grievances of affected communities and support process of rehabilitation and healing and rebuilding social cohesion and trust between communities and institutions.
As of 2024, victims of military operations, mistakes, and terrorism face numerous obstacles in accessing Law 20 reparation scheme. Numerous victims of crimes committed by ISIS, and those who endured suffering in the context of liberating operations in affected areas remain to date without access to compensation schemes, despite the fact that Government of Iraq has a robust reparations scheme for various types of human and property losses, pursuant to the Law 20, including killed missing persons, injuries and property losses.
Iraq’s compensation scheme for victims of military operations, terrorist operations, and military mistakes through Law 20 is marred with significant barriers accessing the law benefits, such as heavy burden of proof on victims and documents required, long process and lack of visibility and transparency of the process, and – in case of compensation for property damage – delay in payments.
Through the scope of this consultancy, IOM aims to improve knowledge of the status of beneficiaries’ access to compensation scheme, needs, and key barriers to access to Law 20 compensation schemes amongst victims from Ninewah, Sinjar, Anbar, and Salah Al Din. The aim of the research is to inform IOM, the government and stakeholders on those barriers and provide recommendations both for facilitating access to compensations scheme and ensuring a sustainable and stable returning process.
Under the general guidance of the Head of the Peacebuilding and Stabilization Division, and the direct supervision of the Reparations Officer, and in close technical coordination and guidance of the Head of the PSD Tribal engagement and Legal Teams, incumbent will perform following tasks:
Core Functions / Responsibilities
- The consultant will conduct desk research on implementation of the Law of Compensation for victims of military operations, terrorism, and military mistakes No 20 of 2009 in different areas of return (Law 20), reports of international and national organizations and relevant IOM strategies, assessments, and related projects on access to law 20 compensation scheme. the consultant may add a research questions for further elaboration if deemed necessary. [2 weeks upon signing the contract]
- Following desk research, the consultant will produce a methodology for the research on challenges and gaps in accessing Law 20 scheme for beneficiaries in Ninewa/Salahaldin/Anbar, and plan of field research that covers key informant interviews, FDGs and surveys in KRI and federal Iraq. These informants will include representatives of key institutions relevant for implementation of the Law 20, and relevant CSOs and UN actors. Methodology and research plan will be presented to the legal, transitional justice and tribal engagement team of IOM Iraq to ensure there is common understanding of objectives, tools, available data sources, data collection methods, and structure of the final report. [3 weeks upon signing the contract]
- Following endorsement of the research plan, the consultant will organize, with logistical support of IOM team, and perform field research in relevant locations of assessments. The consultant will lead a team of researchers and enumerators for the field research. [5 weeks upon signing of the contract]
- Upon completion of the research, the consultant will organize a debriefing with the Transitional Justice, Legal Team and Tribal Engagement team to discuss and present findings, conclusions, and recommendations. [6 weeks upon signature of the contract]
- The consultant will prepare a draft assessment report based providing analytical overview of the key challenges in implementation of the Law 20 specifically in Ninewa/Salahaldin/Anbar. [9 weeks upon signature of the contract]
- The consultant will incorporate and integrate constructive feedback provided by the TJ, TE, and legal teams who reviewed the report attended the debriefing and submit a final version to IOM and present the final report to IOM teams. [10 weeks upon signature of the contract]
- The consultant will provide technical support in preparation of the workshop to present the findings and recommendations of the report to government stakeholders and other actors. [12 week upon signature of the contract ]
- The consultant will provide other related forms of technical assistance in line with this ToR.
Education, Experience and/or skills required
- Advanced degree in Law, social sciences, or similar.
- Knowledge of Iraqi legal framework with specific understanding of Law 20 compensation scheme.
- Proven expertise in assessment design and reporting.
- Experience in research and analysis of implementation of transitional justice mechanisms, Diversity and inclusion policies, or other relevant policies.
- Knowledge of transitional justice schemes and programs in the MENA region with focus on access to reparations programs.
- High knowledge and understanding of the context and sensitivities in different areas in Iraq in specific areas of returns, as well as Iraq and the regional context in general.
- Ability to travel within Iraq .
- Ability to lead and supervise a team of field staff to support with the data collection phases of the research.
- Experience in conducting interviews and data collection, especially with vulnerable groups and stakeholders in Iraq.
Travel required: Yes
- Travel within Iraq is required.
Languages:
- Full command of spoken and written English and understanding of Arabic language is required. Command of Kurdish would be an advantage.
The application should include:
- Motivation letter
- Profile/CV highlighting the consultant’s qualifications and relevant experience;
- One examples of similar 1) tools and 2) reports developed under previous assignments;
- A detailed workplan based on the deliverables listed in the TOR;
- Two references who can be contacted if the application proceeds to the final selection stage;
- Detailed workplan outlining days needed for each deliverable.
Competencies
Values
- Inclusion and respect for diversity: respects and promotes individual and cultural differences; encourages diversity and inclusion wherever possible.
- Integrity and transparency: maintains high ethical standards and acts in a manner consistent with organizational principles/rules and standards of conduct.
- Professionalism: demonstrates ability to work in a composed, competent and committed manner and exercises careful judgment in meeting day-to-day challenges.
Core Competencies – behavioural indicators
- Teamwork: develops and promotes effective collaboration within and across units to achieve shared goals and optimize results.
- Delivering results: produces and delivers quality results in a service-oriented and timely manner; is action-oriented and committed to achieving agreed outcomes.
- Managing and sharing knowledge: continuously seeks to learn, share knowledge and innovate.
- Accountability: takes ownership for achieving the Organization’s priorities and assumes responsibility for own action and delegated work.
- Communication: encourages and contributes to clear and open communication; explains complex matters in an informative, inspiring and motivational way.