Annex (1) Terms of Reference   Purpose: The Denmark-Myanmar Programme on Rule of Law and Human Rights seeks a human rights consultant with experience in gender-focused legal research to produce a r…

 

Annex (1) Terms of Reference

 

Purpose: The Denmark-Myanmar Programme on Rule of Law and Human Rights seeks a human rights consultant with experience in gender-focused legal research to produce a report that documents and analyses the experiences and barriers to justice faced by individuals discriminated against due to their Sexual Orientation or Gender Identity/Expression (SOGIE) in Myanmar.

 

Title:

Consultant to draft a human rights report on the legal framework and barriers to justice related to SOGIE based discrimination in Myanmar.  

 

Location:

Yangon

Length:

20 days

Supervisor:

Senior Legal Expert of the Denmark-Myanmar Programme on Rule of Law & Human Rights

 

 

 1. Introduction

 

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 take a lead in the 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. Scope of work

 

The Denmark-Myanmar Programme works to build CSO capacity to understand national laws and international human rights standards which are relevant and applicable in the country, in order to strengthen their human rights advocacy work at the national and international level.

 

As part of this work, the programme will develop a report that will document the experiences, discrimination, discriminatory legislation and barriers to justice faced by individuals due to their own Sexual Orientation and Gender Identity/Expression. This report will feature emblematic cases of experiences of individuals across the spectrum and it will become a tool to advocate for the reform of laws, practices, and policies to enable better treatment and protection of the Lesbian, Gay, Bisexual, Transgender, Intersex, Queer, Asexual (LGBTIQA) communities in the country.

 

This consultancy entails in-depth desk-based research and analysis on the local laws in Myanmar that adversely impact the lives of the LGBTIQA community, the treatment of the community by the police and by the Courts, and existing international standards. The consultant will further conduct a series of key informant interviews in Yangon. The consultancy will be accompanied by additional research conducted by JV programme staff that will address the same issues but at the State and Regional level. This research will be documented, provided as an input for the consultancy, and be drawn on by the consultant for the drafting of the final report.

 

The target audience for the report are lawmakers, lawyers, key ministries, international human rights institutions, and civil society. This report is intended to be used for high-level national and international lobbying and advocacy work.

 

3. Objective

 

The objective is to create an accessible tool for legal advocacy and strategic litigation on SOGIE related rights in the form of a report and summary brief. The report will provide a comprehensive guide to the existing laws, policies, and practices that negatively impact the lives of the LGBTIQA communities, primarily for the use of civil society organisations. 

 

 4. Deliverables

 

The following deliverables will be provided:

  • Inception Report summarising the consultant’s approach for the consultancy and work plan, including research methodology and tools for interviews to be conducted by the consultant as well as the programme team.
  • Draft Report on aspects of Myanmar’s legal framework that criminalises or discriminates against sexual orientation or gender identity in Myanmar, analysed against international standards. The Report will also document the harassment, violence, abuse and human rights violations perpetrated against members of the LGBTIQA community, including by members of law enforcement and the barriers to justice that exist for the community. The Report should be no more than 50 pages long, written in clear, concise English without legal technical terms, and be accessible for a broad audience. It shall further draw on and integrate key informant interviews and primary research conducted at the State and Regional level by the programme team.
  • Draft Brief that summarises the final report in simple, accessible language, no more than 5 pages long.
  • Final Report and Brief that integrates feedback and comments, with it clearly documented how feedback and comments have been taken on board.
  • Presentation of findings at the Report launch.

 

Payments will be made in stages and upon verification of the achievement of specific milestones in the legal analysis/report.  These terms will be specified in the contract.

 

 5. Proposed methodology

 

The service provider will:

  • Have preliminary discussions with programme team in Yangon.
  • Work collaboratively to develop a work and research plan in consultation with the programme team.
  • Conduct a desk review of existing reports and related literature.
  • Identify and analyse Myanmar national laws and applicable international human rights laws and standards that relate to SOGIE based discrimination and barriers to justice.
  • To carry out a one-day kick-off session and consultation meeting in Yangon, with partners and members of civil society organizations.
  • Consult with selected representatives of CSOs and members of LGBTIQA communities in Yangon about the content of the report with a view to ensuring the consultancy outputs meet their needs.
  • Identify and analyse emblematic cases of SOGIE related human rights violations in Myanmar in conjunction with the programme team.
  • Closely coordinate and cooperate with members of the JV team in order to incorporate additional data, research findings, and analysis found by the JV team in their field work in Kachin, Bago, Mandalay, and two other field locations.
  • Design and finalise the structure of the report in discussion with the programme team.
  • Provide a first draft of the report and summary brief for review.
  • Finalise the report and brief in accordance with the comments received.
  • Present the report findings at a launch event.

 

 6. Expected timeframes and resource inputs

 

The resource inputs are estimated at 20 working days, spread out over a space of 2 months, with expected breakdown as follows:

 

Output

Timing

Desk review, identifying potential emblematic cases in consultation with the JV, and the shape of the research

3 days

To carry out preliminary consultations with partners in Yangon (in country)

1 days

Field research in Yangon

2 days

Draft the report

10 days

Discuss feedback with JV, and revise the draft of the report if necessary

3 days

Attend launch event for the report

1 days

TOTAL

20 days

  • Specific timing of the working days is subject to agreement with the programme team.
  • It is expected that the consultancy will be conducted over a maximum period of 2 months, so there is no requirement that the working days are conducted consecutively.
  • The service provider should be able to start as of early August.

 

7. Key Requirements for the Service Provider

 

The service provider’s  field personnel will be evaluated based on the fulfillment of the following criteria:

  • Relevant educational qualifications (law, human rights, research etc) with at least a Masters level degree.
  • Experience in legal and human rights research work especially relating to gender or sexual orientation.
  • Experience working on SOGIE related issues and access to justice (desirable).
  • Familiarity with the Myanmar context and the promotion of human rights.
  • Proven experience producing high-quality, analytical legal reports, or other similar publications, in English.

 

Applicants should ideally be Myanmar based, however international consultants are open to apply. Applicants need to provide the CV of the lead applicant, 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. Applications will be evaluated both on technical and financial grounds.

SOGIE%20Consultant%20TOR%20Final-Extended%20deadline.pdf

APPLICATIONS close on 20 July 2018 and should be addressed with a cover letter, resume and names of at least 2 references to: April Pwint at the following address: april.pwint@icj.org

 

 

 

 

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