International Consultant (Legal Expert)

Result of ServiceExpected tangible and measurable output(s)/deliverable(s): Based on the Terms of Reference, the consultant will produce the following outputs: For ROSEAP: • Semi-structured facilitation tool for roundtable discussions on prosecutorial decision making • NPP workshop materials including case scenarios and facilitation tools • Issue Brief on prosecutorial decision making in select ASEAN countries • Annotated case notes For HTMSS: • Snapshots of current responses to TIP for forced criminality into scamming in the six South Asian countries with recommendations • Internal report of the consultation missions • Updated assessment of Pakistan’s legal framework on trafficking in persons, smuggling of migrants, and transnational organized crime Work LocationHome-based with travel to South and Southeast Asia countries Expected duration26 January 2026 to 6 August 2026 Duties and Responsibilities1. Background of the assignment: One of the most concerning trafficking in persons (TIP) trend in Southeast Asia, in terms of scale and complexity, is trafficking for forced criminality in relation to online scams. From early 2021, an increasing number of reports started to emerge of trafficking victims escaping from scam compounds in Cambodia, Lao People’s Democratic Republic (PDR) and Myanmar, as well as the Philippines, Malaysia, Viet Nam and other countries. Most trafficking victims are deceptively recruited into situations of forced criminality in casino complexes or highly guarded buildings in Southeast Asia. After travelling to or within the destination country, they were confined to large casino or hotel complexes, or other secure buildings tailored to harbor/confine victims (scam compounds’) where they were forced, for up to 15 hours a day, to conduct online scams and fraud. These online scams and fraud, committed primarily by trafficked persons under duress. This emerging form of trafficking has been creating a significant classification challenge for States, criminal justice practitioners, and counter trafficking stakeholders. In many instances, this form of trafficking has been considered as trafficking for forced labor, or an issue of labor law (employment contract) violations. While there is a distinct element of victims being forced to work extended hours, with little or no pay, the intent and the end goal of traffickers is to force trafficked victims to commit scams resulting in financial fraud (criminal activities). Despite those challenges several countries in Southeast Asia have started to prosecute cases related to trafficking in persons to scam compounds utilizing domestic legislation, including trafficking in persons. However, more analysis is urgently needed to assess how decisions to prosecute or not are made, including through the application of the non-punishment principle (NPP) and what considerations should be given in making determinations. As the guardian of the UN Convention against Transnational Organized Crime (UNTOC) and its supplementary Trafficking in Persons Protocol, UNODC has a vital role to play in assisting States to prevent and combat organized crime, including trafficking in persons. As part of its broader efforts to combat organized crime, UNODC conducts research on crime trends, international legal frameworks and how domestic frameworks respond to TIP domestically. To this end, together with UNICEF, IOM, and UN Women, UNODC is currently implementing a three-year EU funded project called “Ensuring Decent Work and Reducing Vulnerabilities for Women and Children in the Context of Labour Migration in Southeast Asia” or the PROTECT project for short (Protection of the Rights of Women and Children in Labour Migration). Under this initiative UNODC is undertaking several initiatives to: 1. To strengthen national legislation, policies, and regional frameworks for the protection of women migrant workers, children and other vulnerable groups in line with international standards. 2. To improve national and regional prevention and protection mechanisms to reduce rights’ violations against migrant women, children, and other vulnerable groups, including victims of trafficking and smuggled migrants. 3. To increase the access of at-risk groups, women migrant workers and children to information, social and legal services, counselling, and association to prevent abuse, exploitation, harassment, violence, and trafficking in human beings. Under Output 2, UNODC’s Regional Office for Southeast Asia and the Pacific (ROSEAP) is going to undertake various activities to support states to enhance victims’ protection through introduction and/or expansion of the scope the non-punishment provisions, and building more harmonized approach towards use of the principle in bilateral agreements, and strengthen capacities with detailed and updated practical guidance on the implementation of principle of non-punishment to ensure that victims are protected from prosecution and punishment. To achieve the above objectives, UNODC ROSEAP is going to facilitate country-level workshops in select ASEAN countries that explore the application of the NPP in the prosecution of scammers who may (or may not) be victims of trafficking as well as how decisions to prosecute or not are made, and what considerations should be given in making determinations. As an outcome of these workshops, brief case notes will be developed to showcase good practices and lessons learnt and offer specific guidance on addressing identified challenges. Additionally, an issue brief on prosecutorial decision making in selected ASEAN countries will be produced. Likewise in South Asia, TIP for forced criminality into online scams has become an increasingly alarming issue, intertwined with the region’s longstanding patterns of labour migration and its recruitment modalities, as well as the rapid growth of digital economies in the region. Since 2021, anecdotal accounts and national reports have pointed to a sharp increase of victims from the region, in particular from Bangladesh, India, Nepal and Sri Lanka, being trafficked into scam operations both within the region and abroad, particularly to Southeast Asia. Victim of such exploitation are often recruited through misleading online job advertisements, social media, or informal brokers and, once relocated, are frequently confined in secured premises and compelled to carry out online scams and fraud. As elsewhere, South Asian countries have yet to proactively address the issue despite the increasing levels of victimization into forced criminality. In the absence of reliable data on the scale of the phenomenon and the modus operandi that go beyond anecdotal accounts, countries face challenges in fully grasping the nature of the problem and thus in developing evidence-based policies and prioritization of resources in prevention, investigation and prosecution. This, combined with the general challenges in anti-trafficking efforts, such as the hidden and shifting nature of the crime, gaps in legal and policy measures, overreliance on victim testimony, or lack or low levels of victim protection measures, all collectively impede effective responses to the issue. To better support its partner countries in South Asia, UNODC’s Human Trafficking and Migrant Smuggling Section, through its EU-funded project “Preventing and Addressing Trafficking in Human Beings and Smuggling of Migrants” (2024-2027), seeks to strengthen the evidence base by consolidating publicly available qualitative information and national stakeholder consultations on the issue. Such an approach would support clearer understanding of the emerging trends, current gaps in state responses and inform the development of evidence-based policies and prioritization of resources in addressing TIP for forced criminality into scams. UNODC’s Human Trafficking and Migrant Smuggling Section, through its EU-funded project “Improving Migration Management and Migrant Protection in selected Silk Routes and Central Asian Countries” (or PROTECT), also seeks to update the assessment of the legal framework on trafficking in persons, migrant smuggling and transnational organized crime. 2. Purpose of the assignment: The purposes of the assignment are threefold: (1) For ROSEAP, the purpose is to implement activities under the EU funded PROTECT project to better understand prosecutorial decision making in TIP for forced criminality cases and the application of the NPP to strengthen victim protection and prosecutorial outcomes; (2) For HTMSS, the purpose is to take stock of the current responses to TIP for forced criminality into scamming in the six South Asian countries and developing a set of recommendations for Member States to better address the phenomenon; and (3) Also for HTMSS, update the comprehensive assessment of Pakistan’s legal framework on trafficking in persons, smuggling of migrants and transnational organized crime. 3. Specific tasks to be performed by the Consultant: Under the supervision of the UNODC Regional Coordinator – Human Trafficking & Migrant Smuggling based in Bangkok, the consultant will carry out the following tasks: • Develop semi-structured facilitation tool for roundtable discussions on prosecutorial decision making • Develop NPP workshop materials including case scenarios and facilitation tools • Facilitate roundtable discussions and workshops in select ASEAN countries • Produce Issue Brief on prosecutorial decision making in select ASEAN countries • Develop annotated case notes being case scenarios, best practice considerations, lessons learnt and guidance on application of the NPP to case study scenarios Under the supervision of the Legal and Policy Officer at the Human Trafficking and Migrant Smuggling Section in Vienna, the consultant will carry out the following tasks: • Draft country snapshots of current responses to TIP for forced criminality into scamming in the six South Asian countries • Undertake consultation missions to Bangladesh, Sri Lanka, Nepal and the Maldives • Revise the country snapshots and recommendations • Support the delivery of the legal and policy regional workshop • Finalize the country snapshots • Update the assessment of Pakistan’s legal framework on trafficking in persons, smuggling of migrants, and transnational organized crime Qualifications/special skillsAcademic qualifications: An advanced university degree (Master’s degree or equivalent) in law, social sciences, research, or other related fields is required. A first level university degree in similar fields in combination with two additional years of qualifying experience may be accepted in lieu of the advanced university degree. Working experience: • Minimum 10 years of legal analysis and research experience, preferably related to trafficking in persons, transnational organized crime or human rights is required. • Experience in conducting and analyzing legislation as it aligns with international frameworks is required. • Experience in researching and analyzing legal frameworks in the Southeast and South Asia regions are required. • Knowledge of criminal justice responses to transnational organized crime, including trafficking in persons is required. • Knowledge of the current body of research related to trafficking in persons and corruption in Southeast Asia and South Asia is desirable. • Proven record of published relevant research publications is desirable. • Experience using research findings to identify policy recommendations is desirable. • Experience working with UNODC is desirable. LanguagesEnglish and French are the working languages of the United Nations Secretariat. Fluency in English, i.e. oral and written proficiency, is required. Knowledge of another United Nations official language is an advantage. Additional InformationNot available. No FeeTHE 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.