Ombudsperson (Consultant), The Hague – NL

22218 | Registry

Deadline for Applications:

01/08/2022

Organizational Unit:

Immediate Office of the Registrar (IOR)

Duty Station:

The Hague – NL

Minimun Net Annual Salary (Single Rate):

Cost proposal (at a maximum cost of €1,200 per full day of services at an average of 10 days per month)

Contract Duration:

To be detemined

Organisational context

The International Criminal Court (“ICC” or “the Court”) is the first ever permanent, treaty-based, international criminal tribunal. It was established to ensure that the gravest crimes of concern to the international community – genocide, war crimes, crimes against humanity and the crime of aggression – do not go unpunished. The Court is an international organisation based in The Hague, The Netherlands, with geographically and culturally diverse personnel.

The Court, being a judicial institution, is composed of four Organs (the Presidency; the Chambers; the Office of the Prosecutor; and the Registry) and operates in a highly complex environment. The services of the Ombudsperson therefore will be offered in a dynamic work place, including Headquarters in The Hague and country offices in various geographical locations in a highly international and multi-cultural environment.

Background

The Court intends to engage the specialised services of an individual, as a consultant, to perform duties and functions of an Ombudsperson, as detailed below. The Court intends to establish the role of to contribute to a healthier and productive work environment at the Court. The Ombudsperson will play an integral role in the Court’s informal dispute resolution process by providing informal, confidential, and impartial advice or assistance in the resolution of concerns and conflicts related to employment at the Court.

The engagement of the specialised services of an individual, as a consultant, for the performance of the duties and functions of an Ombudsperson is in line with the Independent Expert Review’s recommendation 118, which states that the Court should consider the establishment of an Ombudsperson as “an ungraded position to be filled through a competitive recruitment exercise, a true outsider”.

The Court estimates that an average of 10 full working days of service per month is appropriate for an organization of the size of the Court, at a maximum cost of €1,200 per working day.

The Ombudsperson will be contracted on a consultancy basis for an initial period of (6) months with the possibility of contract extension, subject to evaluation by the Registrar, in consultation with the President and the Prosecutor, of the services and deliverables provided, until the end of 2023. Further extensions will be subject to availability of funds. In the evaluation of the services provided by the Ombudsperson full consideration will be given to the independence of the position.

The consultant is expected to work at the Court premises, in The Hague, The Netherlands, for the full contract days, unless otherwise authorised under extraordinary circumstances. The duties and responsibilities may include travel to country offices, as needed, within available budget. Travel costs and daily subsistence allowance (DSA) will be paid by the Court in accordance with the Court’s internal framework for trips to country offices outside The Hague.

Scope of Service

The Ombudsperson will provide its services under the principles of independence, neutrality, impartiality, confidentiality, and informality.

In his/her work, the Court’s Ombudsperson shall be guided by the Rome Statute of the International Criminal Court, resolutions of the Assembly of States Parties, the Staff Regulations and Rules, applicable policies, any other administrative issuances relevant to service in the Court, as well as generally accepted standards of practice for organizational ombudspersons and principles of justice and fairness.

The Ombudsperson shall have no decision-making powers, and cannot impose a solution nor make a managerial decision. The outcome of the service provided by the Ombudsperson is entirely controlled by the participants in the matter at issue.

The Ombudsperson is bound by strict rules of confidentiality under these terms of reference. Any discussion with the Ombudsperson is strictly confidential. Documentation and other information may not be shared with any other office without the consent of the person(s) seeking the Ombudsperson’s intervention or support.

Consultations with the Court’s Ombudsperson may be held in person or through electronic means, depending on available resources and the location of the person(s) seeking the Ombudsperson’s intervention or support.

The Ombudsman may not be called as a witness in any formal dispute resolution process, whether internal or external, and their advice may not be presented as evidence in such a process.

The Ombudsperson shall be immune from any demand from any level of the organization to disclose any information or document regarding a client; except at the sole discretion of the Ombudsperson, when there appears to be an imminent threat of serious harm.

Within this framework, the Ombudsperson shall work with complete independence. For administrative purposes, the Ombudsperson shall report to the Registrar.

The incumbent shall provide the following services and deliverables:

• Assist the Court in developing the Court’s internal legal framework on informal dispute resolution by the end of 2022.
• The Ombudsperson shall provide services to:

– Elected Officials: the Judges, Prosecutor, Deputy Prosecutors, Registrar and Deputy Registrar;

– Staff members: any person holding a letter of appointment under the Staff Rules and/or Regulations ;

– Non-staff personnel: individuals, other than elected officials, staff members and counsel, performing services in a direct or other agreed relationship with the Court and other than through a letter of appointment under the Staff Rules and/or Regulations, including consultants, individual contractors, interns and visiting professionals; and

– Counsel: counsel as defined in article 1 of the Code of Professional Conduct for counsel, legal advisers pursuant to rule 74(10) of the Rules of Procedure and Evidence, and members of their teams.

• Review and consider work-related issues and concerns raised by those who seek his/her assistance and services. The scope of issues should be interpreted broadly, including but not limited to: workplace conflicts, injustice whether perceived or not (i.e. discrimination, abuse of authority or harassment), treatment (contracts, benefits, and entitlements, staff selection, etc.), workplace relationships, organisational culture, interpersonal issues, wellbeing and stress. The services may include inter alia one-on-one conflict coaching to be able to give voice to concerns effectively, “shuttle diplomacy”, and facilitated discussions, or mediation. The scope of review includes seeking clarification to determine if a case merits further consideration and response.
• Respond to complaints/conflicts/claims by providing confidential and informal advice to those who seek his/her assistance and services while maintaining neutrality and impartiality.
• Facilitate informal resolution of work-related conflicts, through conciliation, individual consultation, mediation, or any other appropriate means.
• Execute internal outreach and training to ensure convenient and confidential Ombudsperson services.
• Maintain case data, monitor and analyse the case process and trends, report the service results to the Principals of the Court every six months.
• Provide technical support and make recommendations to the Court’s Principals for improvement on the Court’s internal grievances procedures (both formal and informal), or other matters requiring attention by management, to the extent that this is compatible with the neutrality, impartiality and independence of the Ombudsperson.
• As appropriate, coordinate, consult and communicate with relevant internal services and entities such as the Staff Union Council and the Focal Point for Gender Equality.

Essential Qualifications

Education

• Advanced university degree in public administration, HR management, social sciences, law or other relevant fields. Professional certification or accreditation in mediation, conflict resolution, or similar fields would be a strong asset.

Experience

• Extensive experience (preferably 10+ years) as a mediator/ombudsperson, with experience in employment relations resolution, informal conflict resolution, workplace coaching, and/or mediation and/or conciliation, is required.

• Experience in setting up informal conflict resolution schemes is highly desirable.
• Experience in an international, multicultural, public sector organization context is highly desirable.
• Demonstrated experience in internal outreach/training for large-scale, multicultural audience is desirable.

Knowledge, skills and abilities

• Expert knowledge in negotiation and managing conflicts in an informal manner, especially in multicultural settings. Proven ability to guide/advise and identify systemic issues and make relevant recommendations.
• Excellent interpersonal, negotiation and communication skills.
• Expert skills in assessing the nature of conflict, causes, and providing methods for resolution.
• Ability to show respect and empathy for individuals.
• Ability to maintain confidentiality and inspire trust.

Languages

Proficiency in one of the working languages of the Court, English or French, is required. Working knowledge of the other is highly desirable.

Application Documents

• Cover letter (maximum 1 page)
• CV (maximum 5 pages) which provides information on employment, duties and responsibilities, main activities and achievements.
• A technical proposal (maximum 3 pages) with a brief work plan, elucidating how the candidate believes to deliver successful Ombudsperson service.
• Cost proposal (at a maximum cost of €1,200 per full day of services at an average of 10 days per month).
• At least three client References including any organisation for which the candidate has provided services. (including from the past 5 years)