Myanmar: Consultant Research Adviser on Rule of Law and Human Rights

Short-Term Expert

Terms of Reference –Consultant Research Adviser on Rule of Law and Human Rights

Location: Yangon or Naypyitaw, with substantial travel to Nay Pyi Taw and research sites

Assignment: 36 working days over a period of 5 months

Indicative starting date: 1 August 2018

1)Background

The Denmark-Myanmar Programme on Rule of Law and Human Rights (2016-2020) supports the Union Attorney General’s Office (UAGO), the Office of the Supreme Court of the Union (OSCU), lawyers, CSOs as well as the law departments of Dagon and East Yangon Universities in strengthening capacities on core aspects of rule of law and human rights and supporting reform in relevant areas. The programme which has a total grant of DKK 70 million (approximately USD 10 million) is based on participatory approaches supporting partners to identify their own needs and priorities and taking lead in implementation of activities.

The governance of the programme is based on joint decision-making with partners through co-chaired Steering Committees. The programme is part of the Denmark-Myanmar Country Programme (2016-2020) endorsed by a bilateral government-to-government agreement between Myanmar and Denmark as well as MoUs with all key stakeholders. A Joint Venture comprised of the International Commission of Jurists (ICJ) and the Danish Institute for Human Rights (DIHR) has been contracted to provide technical assistance to the programme through a team of experts supporting implementation.

2)Description of the Assignment

The programme’s two main government partners, UAGO and OSCU have both prioritised conducting applied legal research projects under their 2018 work plans with the programme. Both institutions have legal research teams and are seeking to increase the capacity and quality of the research produced. The specific research questions and topics for each research project are in the early stages of development, however in general terms they relate to deepening understanding of the two institutions’ responsibility for ensuring consistency in the practice of rule of law precepts and achievement of quality justice in performing their judicial and prosecutorial/litigious duties. The intention is that the increased awareness through applied legal research and the new knowledge generated through the research projects will inform institutionalization and facilitation of rule of law and protection of human rights.

The purpose of the research projects is to increase the research capacity of UAGO and OSCU, including data collection, in-depth legal analysis, comparative legal analysis and evidence-based policy making in both institutions. The primary objective of the Consultant’s assignment is to provide technical advice, quality assurance, and accompanying if need be research travel by the UAGO and OSCU research teams. Importantly, the consultant will not be delivering the research themselves but will be advising and supporting the government researchers, in particular on the design, implementation, write-up, and dissemination of the research.

Towards this end, the consultant will also be responsible for delivering 4 x 1-day training workshops with government partners on research methodology, research design, data analysis, report writing, publication, or a topic related to applied legal research. The specific design and topic of the training will be determined in collaboration between the consultant, UAGO, OSCU, and the JV programme team.

Given the need for continual technical support over 4 months, the assignment requires an ongoing, flexible commitment of approximately 6-9 days per month, with dates for each output to be fixed based on the specific needs for each research project.

This assignment is considered by the JV to be a consultancy, and not a staff member of the JV, or an adviser in the normal sense of the word.

3)Objectives

The objective of the assignment is:

a. Strengthen the capacity of the UAGO and OSCU research teams

b. Provide technical advice, field work accompaniment, and quality assurance for research projects at both the UAGO and OSCU.

c. Advise on the development of research capacity in the UAGO and OSCU research teams

4)Outputs

The following outputs will be produced:

· Inception report within 2 weeks of contact signature outlining the consultant’s proposed approach, methodology, and work plan to conduct the assignment. A brief desk review of existing literature related to research proposals from the UAGO and OSCU research teams will be included.

· Technical review and feedback of OSCU and UAGO research proposals.

· 2 x 1-day research planning and methodology workshops to finalise the research proposals with a brief report produced on each workshop.

· 4 x 1-day training sessions for OSCU and UAGO on applied legal research including elements of rule of law precepts protecting human rights with a brief report produced to document each training

· Ongoing technical support and quality assurance during implementation of the research projects

· Review and feedback on drafts of written reports by OSCU and UAGO

5)Timing and Cost Schedule

Output Timing Time Allocated

Inception report and desk review 2 weeks after contract signature 4 days

Research planning and methodology

workshops (2 x 1-day meetings) Within 4 weeks of contract 4 days (1-day preparation

for each workshop)

Ongoing technical support and

quality assurance of research proposals,

implementation, and written drafts July-November 2018 20 days flexibly allocated

over a 4-month period

Delivery of 4 x 1-day training

workshops on applied

legal research July-August 2018 8 days (4 days preparation)

Total inputs – 36 days

6)Activities of the Short-Term Expert

The short-term expert will:

· Review research proposals and provide feedback

· Facilitate 2 x 1-day research planning meetings in Nay Pyi Taw

· Develop an agenda, training materials, and deliver 4 x one-day training workshops on applied legal research related to elements of rule of law precepts needed to protect human rights in Nay Pyi Taw

· Provide ongoing technical advice and quality assurance

· Provide written feedback on research proposals, research tools, and partner draft reports

· Provide strategic advice to the development of applied research work with UAGO and OSCU

· Collaborate with the programme teams on the design and delivery of the outputs and technical support.

7)Qualifications of the short-term expert

The short-term expert should have:

· Post-graduate degree in law, preferably in international public law, constitutional law or comparative law or human rights law;

· Extensive experience working on and/or advising applied legal research related to rule of law protecting human rights in developing countries, preferably in SE Asia

· Over 5-year’s experience working on projects related to improving the rule of law protecting human rights, ideally in collaboration with government entities.

· Proven record related to publications on the rule of law protecting human rights in developing and post-conflict contexts, also preferably in SE Asia.

· Experience conducting applied legal research in Myanmar (desirable)

· Availability to conduct the 36 day consultancy intermittently over a 4-month period in both Yangon and Nay Pyi Taw and elsewhere in case of field research.

8)Application

Applicants for the consultancy should ideally be Myanmar based, however international consultants are open to apply. Applicants need to provide their CV, a technical bid of no more than 2 pages outlining their qualifications and expertise in undertaking the assignment, and a financial bid that includes daily rates and any other expected expenses (not including local travel in Myanmar). Applications will be evaluated both on technical and financial grounds.

Supervisor: JV Team Leader and JV Expert Liaison with Government partners

The following financial arrangements will apply:

(a)Fees for services

The applicant will propose a daily rate for the services under these terms of reference.

(b)Travel expenses

All travel related expenses for work under this consultancy outside of Yangon (flights in economy class, visa fees, hotel, airport transfers, local transportation and daily subsistence allowance to cover food and incidental expenses) will be covered. Any international travel must be included within the financial bid.

Note that the total indicative budget (excluding local travel costs) available for the consultancy is USD $18,000.

Applications conforming to these requirements should be sent to April Pwint at the following address: april.pwint@icj.org by 2 August 2018.