Mapping Statelessness in Slovenia Consultant

Hardship Level (not applicable for home-based)H (no hardship)

Family Type (not applicable for home-based)

Family

Staff Member / Affiliate TypeCONS Local

Target Start Date2023-09-01

Job Posting End DateAugust 28, 2023

Terms of Reference1. Title of project: “Mapping Statelessness in Slovenia”

2. Purpose of project:

To collect objective and up to date information about the dimension of statelessness in Slovenia and about the situation of stateless persons and persons at risk of statelessness in Slovenia, as well as good practices, gaps and challenges in addressing statelessness and ensuring that stateless persons have access to protection. Moreover, the project aims at developing concrete recommendations with a view to contribute effectively to the identification and protection of stateless persons and the prevention and reduction of statelessness in Slovenia.

3. Duration and dates of the assignment:

From: as soon as possible
To: 15 December 2023

4. Location:

Home-based (remote work), with regular consultations with the Project Owner/Hiring Manager, including in person in Ljubljana. Occasional work from UNHCR office in Ljubljana office is possible, as needed.

5. Assignment and/or Mission travel:

Mission travel is possible to attend interviews and/or focus group discussions outside of Ljubljana; to be discussed.

6. Payment and schedule:

A first installment of EUR 1,000 will be paid within 15 days after receiving the detailed outline of the research, including methodology from the consultant.

The second installment of EUR 4,000 will be paid after submission of the revised draft of the report.

After satisfactory completion and submission of the final report, and proofreading its Slovenian translation, the last installment of EUR 5,000 will be paid.

7. General Background of Project or Assignment:

UNHCR has been mandated by the UN General Assembly to prevent and reduce statelessness around the world, as well as to protect the rights of stateless people. UN General Assembly resolutions 3274 (XXIV) and 31/36 designated UNHCR as the body to examine the cases of persons who claim the benefit of the 1961 Convention on the Reduction of Statelessness and to assist such persons in presenting their claims to the appropriate national authorities. In 1994, the UN General Assembly further entrusted UNHCR with a global mandate for the identification, prevention, and reduction of statelessness and for the international protection of stateless persons.3 UNHCR has recognized expertise on statelessness issues.

In November 2014, the United Nations High Commissioner for Refugees (UNHCR) launched a Global Campaign to End Statelessness within ten years. The strategy for the campaign is set out in a Global Action Plan (GAP) , which contains a guiding framework of ten actions to be undertaken by States, with a view to ending statelessness.

To help achieve the goal of UNHCR’s #IBelong Campaign to End Statelessness by 2024, Action 10 of UNHCR’s GAP, requires UNHCR to support States to “improve quantitative and qualitative data on stateless populations,” including, among others, to undertake targeted surveys and studies to establish the magnitude of statelessness in States and regions with known stateless populations.

Under international law, a stateless person is someone “who is not considered as a national by any state under the operation of its law”. Statelessness occurs when a person falls between the cracks in the operation of different laws, failing to obtain any nationality or losing his or her only nationality.
Lack of nationality makes a person legally ‘invisible,’ denying them access to basic services such as education and healthcare, the ability to marry, job opportunities, social services, the ownership of property, voting rights, and the ability to travel. Statelessness pushes people to the margins of society, blocks access to justice and can put people at heightened risk of exploitation and abuse.

Addressing statelessness, including by working to avoid and reduce cases of statelessness, is an important way to protect and fulfil individuals’ human rights.

Situations of statelessness can arise in different contexts and on all continents across the globe. Some people are born without a nationality and others become stateless later in life. More than 4.3 million people globally were estimated to be stateless or of undetermined nationality at the end of 2021 .
There is little up to date data available on the stateless population in Slovenia. In 2014, an in-depth study on statelessness in Slovenia was conducted by the NGO Peace Institute, which concluded that due to lack of data, further research is still needed while also noting that especially Roma population and ‘erased persons’ have been in the past disproportionally at risk of statelessness. Further, based on government data and NGO sources , only 8 stateless persons and 10 stateless people including forcibly displaced stateless people were identified in Slovenia by the end of 2021.

Slovenia has acceded to the 1951 Convention relating to the Status of Stateless Persons (1951 Convention) and its 1967 Protocol (hereinafter jointly referred to as the “1951 Convention”) on 6 July 1992 after it declared its independence from Yugoslavia on 25 June 1992. Slovenia is not yet a State party to the Convention on the Reduction of Statelessness (1961 Convention), and it does not have a statelessness determination procedure in place.
UNHCR Representation for Central Europe has been working with national authorities, institutions, and civil society organisations to support efforts to prevent and reduce the risk of statelessness and to protect stateless persons in Slovenia.

8. Occupational Safety and Health Considerations
To view occupational safety and health considerations for specific duty stations, please visit this link: https://wwwnc.cdc.gov/travel

9. Overall Purpose and Scope of Assignment

The study will collect and analyse qualitative and quantitative data on statelessness in Slovenia, map risk of statelessness and stateless persons’ profiles, and identify their priority needs. The study will also present the updated summary of the legal framework concerning statelessness in Slovenia, along with relevant case law, where applicable. The study will present a comprehensive set of operational and legal recommendations on the rights and access to services by recognized stateless persons and applicants for stateless status, and on the prevention and reduction of statelessness.

To this end, the main objectives of the study are:

Objective 1: Collection and analysis of current and available data on stateless persons and persons at risk of statelessness
• Overview of the situation of stateless persons and persons at risk of statelessness in Slovenia, with the special focus on children born to asylum-seekers or international protection holders in Slovenia
• Overview of profiles of groups of stateless and persons at risk of statelessness (by age, gender, gender identity, socioeconomic status, wellbeing (material wellbeing, health and safety, housing and environment, family and social relationships and subjective well-being), nationality and/or ethnicity, places of origin and residence, whether they are in situ or in migratory context, types of settlement of their residence).
• The level of awareness on their rights and access to services.
• Estimate, based on existing sources and research the number of stateless persons and persons at risk of statelessness in Slovenia.

Objective 2: Analysis of the current legislative framework regulating statelessness in Slovenia, including in relation to prevention of statelessness
• Present an overview of the Slovenian legislative framework regulating nationality and foreigner’s status in relation to statelessness.
• Identify challenges in identification, prevention, reduction, and protection of stateless people.
• Present an overview on how their legal status affects their access to socio-economic, civil registration, education and other rights and services.
• Analyse the potential changes in national legislation needed, should Slovenia accede to the 1961 Convention on the Reduction of Statelessness (1961 Convention).

Objective 3: Inclusion of case studies in the Study, representing a specific situation and associated challenges in regulating the status of stateless persons in Slovenia
• Presentation of one case of in situ stateless person or at risk of statelessness.
• Presentation of a case of statelessness in a migratory context.
• Presentation of cases of a stateless children born in Slovenia to asylum-seekers or international protection holders or children who are at risk of being stateless, including due to the administrative difficulties of the registration of child’s birth.

Objective 4: Overview of operational and legal recommendations to improve the identification, prevention, and protection of stateless and people at risk of statelessness in Slovenia
• Provide recommendations for the improvement of the operational context, including multi-sectorial co-operation of national and civil stakeholders with a view to address identification, prevention, and protection of stateless and people at risk of statelessness.
• Provide recommendations for the improvement of legislative framework regulating statelessness issues in Slovenia.
• Provide recommendations on how to improve data collection on statelessness in Slovenia.

The study will be based on mixed methods of research that shall include an in-depth desk research of the related legal framework as well as interviews with (former) stateless persons, individuals at risk of statelessness, parents or caregivers of children who are at risk of statelessness. Additionally qualitative interviews and/or focus group discussions with staff at reception and accommodation centers, and government officials shall be conducted to measure the level of awareness of rights and access to services among the stateless persons, people who are at risk of statelessness. If applicable, the study will contain case studies to demonstrate the lived experience of statelessness. The consultant will support UNHCR in specifying the terms for interviewing stateless persons to gather individual stories and case studies, and will participate in the interviews and/or focus group discussions. Moreover, the consultant will undertake interviews with selected stakeholders, including with the Ministry of Interior, Administrative Units, the NGO Peace Institute, relevant NGOs providing legal consultations and representation to stateless and persons at-risk of statelessness and/or community-based, psychosocial support to persons at-risk of statelessness. Furthermore, the consultant will consult the Register of Foreigners, the Asylum Register, the Register of Citizenship, the Register of Births.

10. Qualification and experience required:

- Master’s degree in law, social sciences or another relevant field is required.
- Completed PhD studies in the field of law, social sciences or another relevant field is an asset.
- Minimum 5 years of relevant working and/or research experience, such as in the public administration system or with international / non-governmental organizations is highly recommended.
- Demonstrated ability and experience in conducting studies and legal research are an asset.

Skills and other competences:

- Excellent knowledge and writing skills in Slovenian and in English.
- Strong knowledge of, and keen interest in statelessness in Slovenia.
- Knowledge of asylum and refugee issues.
- Good understanding of using and interpreting quantitative and qualitative data in the context of social sciences.
- Commitment to human rights and an advocacy-oriented mindset.
- Self-starter willingness and ability to set up necessary meetings.
- Excellent communication, organizational, and project management skills.
- Ability to work with people of different nationalities, religions, and cultural backgrounds.

Additional information:

Candidates must be legally present in Slovenia at the time of application, recruitment and hire.

Recruitment as a UNHCR staff member and engagement under a UNHCR affiliate scheme or as an intern is subject to proof of vaccination against Covid-19.

Shortlisted candidates may be required to sit for a test. No late applications will be accepted. UNHCR is committed to diversity and welcomes applications from qualified candidates regardless of disability, gender identity, marital or civil partnership status, race, colour or ethnic and national origins, religion or belief, or sexual orientation. UNHCR does not charge a fee at any stage of the recruitment process (application, interview meeting, processing, training or any other fees).

Standard Job Description

Required Languages English

,Slovene

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Desired Languages

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Additional Qualifications

Skills

Education

Certifications

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Other informationThis position doesn't require a functional clearance