Hardship Level (not applicable for home-based)A (least hardship)
Family Type (not applicable for home-based)
Family
Staff Member / Affiliate TypeCONS Local
Target Start Date2023-10-01
Job Posting End DateSeptember 24, 2023
Terms of ReferenceANNEX A - TERMS OF REFERENCE
CONSULTANT: COMMUNITY SUPPORT FOR STATELESS PERSONS
IMPLEMENTATION AREA: CHIANG MAI PROVINCE, THAILAND
1) GENERAL BACKGROUND
Stateless persons are not considered as nationals by any State under the operation of its law. It has been reported that 4.4 million are identified as stateless persons worldwide. The data provided may be partial and is often based on estimates. The true number is expected to be much higher. The majority of stateless persons were born in the countries in which they have lived their entire lives. Countries with notably large stateless populations include Bangladesh, Cote dโIvoire, Myanmar and Thailand.
As of 31 December 2022, Thailand has 573,898 individuals registered in the national civil registration database. Most of stateless persons in Thailand are predominantly made up of members of various ethnic minority groups living in highland areas, descendants of former Thai nationals who had lost Thai nationality as a result of border demarcation, nomadic and indigenous groups, and people whose ancestors had, generations ago, left neighboring countries as a result of conflict and persecution. Approximately 89% of the registered stateless persons have resided in 10 provinces along the Thailandโs border.
The problem of statelessness is perpetuated through a cycle, passing from one generation to the next. This lack of status persists until the process of obtaining legal status is complete, which often takes many years.
Stateless persons in Thailand have historically faced challenges in accessing some of their basic rights. Examples include access to social protection, limited opportunity to pursue higher education and employment and restrictions on their freedom of movement. Registered stateless persons have access to employment pursuant to the Announcement of the Prime Ministerโs Office dated 15 November 2016. However, anecdotal evidence suggests that access to employment has been affected by gaps in opportunity in relation to education and restrictions on movement. Such gaps have reduced opportunities for stateless persons to find employment and, in some cases, earn higher incomes outside their residential provincial areas. Stateless persons have to apply for a travel pass from local officials to travel outside their areas with specific time period and have to regularly renew the permission documents which have fees attached. Specific data on unemployment amongst stateless communities is not currently available.
Thailand is neither party to the 1954 Convention relating to the Status of Stateless Persons, nor the 1961 Convention on the Reduction of Statelessness. In 2016, the Royal Thai Government endorsed the United Nations High Commissioner for Refugeesโ (UNHCR)โs #IBelong Campaign to end statelessness by 2024 and became a Core Member of the Group of Friends of the #IBelong Campaign. Thailand affirmed its commitment to resolve statelessness in 2019 at the UNHCRโs High-Level Segment on Statelessness, as part of which it made a series of pledges to address statelessness.
Despite some progress, significant constraints remain with respect to Thailandโs law and policy framework for addressing statelessness. The legislative framework is complex, spread across numerous acts and relies heavily on ministerial regulations. Nationality procedures are highly bureaucratic, particularly at the district level, and require expertise to implement. There are, however, gaps in terms of expertise and capacity of government officials contributing to the slow rate at which statelessness is being addressed.
Considering the situation of stateless persons in Thailand and limited government resources, additional support and assistance including case management along with advocacy interventions are crucial to resolve statelessness and contribute to a reduction of stateless persons in Thailand.
The project activities would comprise of capacity strengthening activities, case management legal assistance and advocacy with key actors including relevant government units. The target implementing areas would be northern provinces due to a high prevalence of stateless population.
2) OBJECTIVES
1) Establish and strengthen community-based support for stateless persons in targeted areas;
2) Conduct legal training on legislation and procedures related to nationality, permanent residency and civil registration for community-based volunteers;
3) Assist stateless persons and persons in need of legal assistance to prepare and process their applications for nationality, permanent residency and legal status with the Royal Thai Government;
4) Conduct advocacy interventions to address gaps identified in legislation and procedures related to nationality, permanent residency and civil registration.
3) SCOPE OF WORK
The consultant/individual contractor will strengthen community-based support for stateless persons in targeted areas by recruiting community-based volunteers, providing them with legal training and thereby enabling them to assist their families, neighbors and other community members who are stateless with gaining access to civil registration, legal status and nationality.
The individual consultant/service provider would be required to:
โข Establish and/or maintain a team of community-based volunteers to provide legal/case management support to stateless persons in targeted areas;
โข Develop, and deliver a legal training for community-based volunteers on access to civil registration, legal status and nationality and related case management;
โข Conduct case management with the trained community-based volunteers in providing legal assistance for stateless applicants in preparing, submitting and following-up on applications with district offices in their respective areas;
โข analyze good practices and lesson learned identified in legal trainings, case management processing and advocacy activity; and
โข prepare a final report.
4) IMPLEMENTATION SCHEDULE, PLACE OF DELIVERY & INSTALLATION
1 October โ 15 December 2023
5) Activities
1. Establish a team of community-based support volunteers to assist stateless persons to provide legal/case management support to stateless persons in targeted areas, provide legal training on legislation and procedures related to nationality, permanent residency and civil registration to the community-based volunteers
The individual consultant/service provider will work in the community to establish a community-based support team for stateless persons. The individual consultant/service provider will enlist a team of community-based volunteers who will assist stateless applicants to process their applications to obtain legal status and related documentation, nationality or permanent residency.
The individual consultant/service provider will develop a training curriculum on legislation and procedures related to civil registration and nationality for the aforementioned community-based volunteers. At the conclusion of the implementation period the individual consultant/service provider will review the training curriculum and identify areas for possible improvement.
Expected deliverables:
โข Team of community-based support volunteers with at least 5 team members established and/or maintained;
โข A legal training curriculum developed and delivered to community-based support volunteers.
2. Conduct case management with the trained community-based volunteers in providing legal assistance for stateless applicants in preparing, submitting and following-up on applications with district offices in their respective areas in Chiang Mai
The individual consultant/service provider will provide on the job training and guidance for the trained community-based volunteers in assisting stateless applicants to prepare applications and required documentation and evidence for nationality/permanent residency or legal status as well as assist them when approaching the district officials to submit and follow-up on their applications.
The individual consultant/service provider will guide the trained community-based volunteers to set-up a tracking and filing system for individual cases.
Expected deliverables:
โข Case summary of 30 cases and progress details shall be recorded in the final report.
3. Conduct advocacy interventions with district offices to address challenges identified in processing applications
In the process of providing case management support, the individual consultant/service provider may identify challenges in the processing of applications to obtain legal status and related documentation, nationality or permanent residency. These may include, but are not limited to, issues associated with the acceptance of applications by the authorities, the requirements/criteria set by the authorities in processing applications and the interpretation of legal standards. The individual consultant/service provider will intervene with the authorities to try to resolve any challenges encountered with a view to facilitating the processing of applications.
The individual consultant/service provider will provide a summary of challenges encountered and advocacy interventions made at the conclusion of the project. This will be included in the Final Report for the project (see below).
Expected deliverables:
โข Advocacy interventions conducted with the authorities to facilitate the processing of applications.
4. Final Report
A final report shall be prepared by the individual consultant/service provider providing an overview of project activities conducted โ which include legal training for community-based volunteers, legal assistance for stateless persons and advocacy intervention with government units. The final report should identify gaps and provide recommendations on further strengthening a community support network for stateless persons.
Regular consultations with UNHCR will be undertaken throughout the implementation of the project as well as in preparing and validating the final report. The report, to be produced in English, and shall be cleared by UNHCR.
The individual consultant/service provider is expected to present and discuss findings and recommendations for the way forward with UNHCR.
All the deliverables are expected to be conducted in English and submitted to UNHCR for review and comment. The individual consultant/service provider is expected to present the report to UNHCR in Bangkok in person at the conclusion of the project. The presentation of the report may involve inviting key actors, as determined by UNHCR.
6) TEAM COMPOSITION, DEGREE OF EXPERTISE AND QUALIFICATIONS
Experiences & Qualifications:
โข Education: Bachelorโs degree in the fields of Law, Social Sciences, Human Rights, Public Policy or other similar fields;
โข Strong knowledge of statelessness, law on civil registration, nationality and permanent residency in Thailand;
โข Experience: At least ten years of professional experience working with community-based organizations and community-based volunteers on statelessness, legal status and nationality related issues including access to rights of marginalized population especially stateless persons and ethnic minorities;
โข Experience in conducting legal training on legislation and procedures on civil registration, nationality and permanent residency in Thailand;
โข Experience in coaching and supporting community-based volunteers in managing case management and provide legal assistance for stateless persons;
โข Strong analytical skills, including ability to collect data and information from varied sources;
โข Ability to travel to the remote areas within Thailand; and
โข Languages: Excellent written and oral communication and presentation skills in English and Thai. Ability to communicate in ethic languages would be an asset.
7) PAYMENT TERMS & MILESTONES
Deliverable Description Timeline
1. Upon signing contract with UNHCR 1 October 2023
2. Training curriculum and summary of cases and progress to date 15 November 2023
3. Submission of final report - which consists of background of the project, details of activities, legal training curriculum, summary of cases and progress, advocacy interventions including conclusion and recommendations 10 December 2023
8) PROVISION OF MONITORING AND PROGRESS CONTROLS
Project monitoring will be conducted by UNHCR.
Standard Job Description Non-Standard NOB
Required Languages
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Desired Languages
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Additional Qualifications
Skills
Education
Certifications
Work Experience
Other informationThis position doesn't require a functional clearance