Terms of Reference – National Legal Research Consultant
Location: Yangon and Naypyitaw, with substantial travel to Nay Pyi Taw and research sites
Assignment: 40 working days over a period of 6 months
Indicative starting date: 1st June 2019
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 2019 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 strengthen the institutionalisation 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 accompaniment for field research conducted 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, field work, write-up, and dissemination of the research.
Towards this end, the consultant will also be responsible for delivering 4 x 1-day research training and technical support 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 6 months, the assignment requires an ongoing, flexible commitment of approximately 4-6 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.
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
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.
· Technical review and feedback of OSCU and UAGO research proposals and field research plans.
· 4 x 1-day research training and technical support workshops on applied legal research including elements of rule of law precepts protecting human rights with a brief report produced to document each training.
· Finalise plans and logistical arrangements for field work and accompany researchers on field work to provide technical support and quality assurance.
· Reviewed, proof read, and checked translations of final research outputs.
· Design and delivery of research report launch event.
5) Timing and Cost Schedule
Output Indicative Timing Time Allocated
Inception report and desk review 2 weeks after contract signature 2 days
Research training and technical support
workshops (4 x 1-day meetings) June-November 2019 Up to 6 days (1.5 days preparation for each workshop)
Ongoing technical support, accompaniment
and quality assurance of research outputs
and field work. June-November 2019 Up to 26 days flexibly allocated over a 6-month period
Delivery of 4 x 1-day training workshops on
applied legal research June-November 2019 Up to 6 days (2 days preparation) **
Total inputs – Up to 40 days
6) Activities of the Short-Term Expert
The short-term expert will:
· Review research proposals and provide feedback
· Facilitate 4 x 1-day research training and technical support workshops in Nay Pyi Taw
· Provide ongoing technical advice and quality assurance to research design and implementation.
· Arrange logistical arrangements for field work and accompany researchers on field work.
· Collaborate closely with the programme team on all aspects of this engagement.
· Review, provide feedback, proof read, check translations, and edit drafts of research outputs by OSCU and UAGO
· Support the design and delivery of a research report launch event.
· Have flexibility to support OSCU and UAGO research work as required and based on agreed timing.
7) Qualifications of the short-term expert
The short-term expert should have:
· Degree in law, preferably a post-graduate degree that has focused on international law or human rights;
· Over 5 years’ experience working on legal research in Myanmar either in academia or as a practitioner;
· Proven publication and writing record related to legal research in Myanmar.
· Experience conducting and supporting applied legal research in Myanmar, ideally in partnership with government or civil society (desirable).
· Availability to conduct the 40-day consultancy intermittently over a 6-month period in both Yangon and Nay Pyi Taw and elsewhere in case of field research. Fluent Myanmar and English language skills