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JUDICIAL AND LEGAL VACANCIES

 

LEGAL EXPERT REQUIRED

for

Commonwealth Telecommunications Organisation (CTO) Constitutional Review

Terms of Reference for the External Legal Expert

1 Background

a. The CTO is an intergovernmental organisation that promotes leveraging information and communication technologies (ICTs) for socio-economic development, in particular, through technical support, capacity building and knowledge-sharing events.

b. The organisation was established in 1901 as the Pacific Cables Board involving UK, Australia, Canada and New Zeeland. Since then the organisation has gone through several transitions. In 1968 the CTO was transformed into an intergovernmental organisation bound by a treaty.

c. The CTO has a Headquarters Agreement with the UK Government and enjoys diplomatic status, which is available upon request. Whilst the CTO does not pay tax in view of its diplomatic status, its staff pay a tax (unlike many other intergovernmental organisations) which is ploughed back to the organisation for its use.

d. The CTO's membership consists of several categories, mainly:
i. Full Member Countries - The current Constitution recognises all Commonwealth countries as member countries, while those countries that pay a membership fee become Full Member Countries (FMCs).
ii. Affiliate Member Countries - This category of membership is open to Non-Commonwealth countries and Overseas Territories of UK.
iii. ICT Sector Members - This category of membership is open to private sector. There are two sub-categories of ICT Sector Members;
i. Industry partners are entities in the for-profit sector
ii. Development partners are entities in the not-for-profit sector including public sector entities

e. Governance - There are five main organs of the CTO
i. the CTO Council;
ii. the Executive Committee;
iii. the CTO Forum;
iv. the PDT Management Committee or its successor; and
v. the Secretariat.
The Constitution and Rules of Procedure available at http://www.cto.int/about-the-cto/our-organisation/constitution-and-rules/ provide more details.

f. The Secretary-General heads the organisation and is responsible to the Council.

g. As a membership organisation, the core source of CTO funding is derived from membership fees. Additional revenue is generated by operational activities such as consultancy services, events (through paid sponsorships and delegate fees levied on non-member participants attending) and training.
h. The CTO has around 25 employees located at the Headquarters housed at its own building acquired in 2009 in London. There is currently a regional office in Cameroon and three Regional Advisors to the Secretary-General for Scandinavia & Northern Europe, Caribbean and Pacific.

i. The Constitution and the Rules of Procedure adopted in 2002 were revised in 2012. However certain elements of the organisation's constituent instruments including the Constitution and the Rules of Procedure need to be reviewed in order to bring the CTO in line with other intergovernmental organisations and in accordance with the 2016-2020 Strategic Plan.

j. The Council at its meeting in 2016 mandated the Secretariat to launch a process towards proposing amendments to the constituent instruments of the CTO including the Constitution.
i. a committee of national experts (Constitutional Amendment Committee) will work with the Secretariat to propose amendments to the constituents instruments of the CTO including the Constitution, Rules of Procedure and other associated rules and regulations. To support the work of the Committee, the Secretariat, through a competitive process, shall engage the services of an external legal expert.
ii. Between October 2016 and June 2017, the Constitutional Amendment Committee, with the support of the external legal expert, will evaluate the CTO Constitution and the Rules of Procedure and other associated rules and regulations, in the context of constitutions of comparable intergovernmental organisations, identify areas that may requirement improvements and also propose suitable amendments.
iii. In June 2017 the Constitutional Amendment Committee will present a paper to the Executive Committee with the proposed amendments.
iv. Between June 2017 and August 2017, the views of CTO members will be sought regarding the proposed amendments.
v. Taking into consideration the views of the members, Constitutional Amendment Committee will present the proposed amendments to the Council meeting in September 2017 for consideration and adoption.

k. The Secretariat plans to engage the services of an external legal expert to consider and propose amendments to the Constitution, Rules of Procedure and associated documents, such as the Staff Handbook.

2 Terms of Reference of the external legal expert

a. To consider the Constitution, Rules of Procedure and associated documents such as Rules of Financial Procedure, Ethics Handbook, and the Staff Handbook in the context of constitutions and other governance documents of comparable intergovernmental organisations
b. Identify areas that may require improvements
c. Propose suitable amendments.

3 Timeline
This exercise is expected to take a maximum of 45 days

4 Working methods
The external legal expert is expected to work closely with the Secretariat staff and the experts nominated by members. In addition the expert will be expected to consult with members.

5 Reporting
The external legal expert will be reporting to the Secretary-General of the CTO.

6 Qualifications
a. A degree in law, preferably with specialisation in international law relating to intergovernmental organisations; a postgraduate degree in law will be an advantage
b. At least 10 years of experience in international law
c. Demonstrated expertise on issues relating to intergovernmental organisations
d. Professional experience in an international organisation will be desirable

7 Selection Process

" Interested parties should apply using the application form by 17 January 2017.
" Proposed selection criteria

Qualification Determined by Marks
a) Academic qualifications (marks given for the highest qualification)
a. A Bachelor's degree in law Application (Further & higher education section) 15
b. a postgraduate Master's degree in law Application (Further & higher education section) 20
c. a PhD in law Application (Further & higher education section) 25
b) At least 10 years of experience in international law Application (Employment history and Similar assignments section) 2 marks per year up to 10 years
20
c) Demonstrated expertise on issues relating to intergovernmental organisations Application (Employment history and Similar assignments section) 15
d) Professional experience in an international organisation Application (Employment history and Similar assignments section) 1 mark per year up to 10 years
10
e) Proposed Methodology and approach to carry out the assignment Application (Personal statement section) 30

Please complete the application form and return to recruitment@cto.int


 

 

 

 

 

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