UNDP Jobs - 58637- Associate Consultant - Research Study on Access to

Associate Consultant - Research Study on Access to Justice and Informal Justice Systems in Myanmar

Location :

Yangon with Travel to Rakhine, Kachin, Shan States and other Regions, MYANMAR

Type of Contract :

Individual Contract

Starting Date :

30-Sep-2015

Application Deadline :

05-Aug-15 (Midnight New York, USA)

Post Level :

International Consultant

Duration of Initial Contract :

185 days

Languages Required :

English

Expected Duration of Assignment :

30 September 2015 to 29 September 2016

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence. UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

Background

UNDP’s work in democratic governance supports policy and governance changes through analysis of data (both existing and newly gathered) and lessons learned from grass-roots level experiences. The programme supports efforts to ensure accountability of emerging democratic institutions, including parliament, the judiciary, public administration, media and civil society. Activities aim to promote the rule of law, enhance access to justice, and support inclusive legislative processes.

As part of its work to promote democratic governance and the rule of law, UNDP carried out a mapping study in 2013 to identify challenges and opportunities for promoting access to justice in three pilot states and regions, namely Shan, Mandalay and Ayeyarwaddy. This research study identified needs for targeted public awareness on women’s access to justice and the right to legal representation, and highlighted the practical barriers and challenges in bridging the confidence gap between communities and local police and officials. As a result of these findings, UNDP initiated activities in Yangon, Shan, and Mandalay with a view to addressing issues related to women’s access to justice, promoting access to legal aid, and opening up channels of communication and dialogue between the government and the public.

An additional key finding of the 2013 study was that most people seek justice outside of the formal justice system. Disputes of all kinds are settled at the village and ward level, and people employ a variety of ways to resolve these disputes, including seeking assistance from administrative officials or customary and traditional authorities (A mapping of local governance in all 14 states and regions, carried out by UNDP in 2014, confirmed that people often turned to local administrators – specifically, Village Tract Administrators and Ward Administrators – for assistance in resolving disputes). Access to justice – the ability to obtain a just and timely remedy through either formal or informal systems – is a key component of rule of law (The World Justice Project’s Rule of Law Index recognizes “Informal Justice” as factor in measuring the rule of law).

As UNDP continues its efforts to strengthen the rule of law and work towards increased access to justice, a baseline understanding of how people seek to access justice through the formal judicial system, through informal justice systems (“Informal justice systems” refer to the various forms of dispute-resolution mechanisms that fall outside the formal state-administered justice system. They may include a range of traditional, customary and religious processes and may or may not be quite formal in procedure and apply a highly developed system of rules), and even informally through state actors (“semi-formal channels”) is needed to inform development assistance. Knowledge of how informal systems operate, how people navigate them, and when people turn to them is particularly low and increasingly needed.

The United Nations has formally acknowledged the importance of understanding and engaging informal justice mechanisms, declaring that they “play a positive role in dispute resolution.”( Sec. 15 of the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Levels, United Nations General Assembly, A/RES/67/1, 30 November 2012, states: “We acknowledge that informal justice mechanisms, when in accordance with international human rights law, play a positive role in dispute resolution, and that everyone, particularly women and those belonging to vulnerable groups, should enjoy full and equal access to these justice mechanisms.”) Informal justice systems form a key part of how many individuals and communities seek justice. In some countries, over 80% of disputes are resolved through informal justice mechanisms (Wojkowska, Ewa. How Informal Justice Systems can contribute, Oslo: United Nations Development Programme, Oslo Governance Centre). These systems can provide benefits that the formal system cannot offer, such as easier access and quicker, less expensive and more culturally informed remedies (Informal Justice Systems: Charting a Course for Human Rights-based Engagement, UN Women, UNICEF, UNDP, 7). Informal justice mechanisms are recognized as particularly important in post-conflict or crisis-affected settings as they may be the only available recourse for justice needs.

Improving rule of law and access to justice, through both formal and informal channels, is now well-recognized as one of the steps needed to break cycles of violence and improve long term development goals (World Development Report 2011, The World Bank, p. 154). As UNDP continues its efforts to strengthen the rule of law and access to justice, an up-to-date, technically-grounded analysis is needed to inform both Myanmar’s policy-makers and the country’s development partners.

A baseline understanding of how people seek to access justice through formal and informal systems and an analysis of the challenges and opportunities to improve access to justice will contribute knowledge and information to support decision-making, planning and engagement. Understanding the extent to which local justice services in UNDP’s pilot areas are able to provide assistance to those who need it will help inform union and state-level policy decisions on allocation of justice-sector resources as well as programming plans by international and national partners. UNDP plans to continue its programming in pilot states and regions – Shan, Mandalay, and Yangon – and seeks to expand this support to Rakhine and Kachin States.

UNDP is now commissioning a research study in Shan, Kachin, and Rakhine States to collect baseline data that will inform future rule of law programming in these states and regions. To this end, UNDP is seeking the services an associate consultant to participate in the field research and provide support in data collection, analysis and report compilation to the lead consultant and UNDP’s project staff members for the duration of the research study.

The research study will have two components with the following objectives:

To collect baseline data (both quantitative and qualitative) on access to justice issues in Rakhine and Kachin States specifically:

To identify local justice issues and priority justice needs;
To understand how people make decisions when they seek to access justice, and to identify the main challenges they face;
To understand people’s perceptions of and trust in the justice sector;
To help inform future support and to monitor progress in the areas of improving the rule of law and access to justice;
To contribute to improved understanding of the key institutional and capacity challenges facing the government with regards to justice sector planning and coordination.

To provide an assessment of how people access justice through informal systems in Shan, Rakhine and Kachin States specifically:

To map the varied informal justice systems and customary practices, and how they interact with the state judicial and administrative systems;
To identify which types of disputes are most likely to be resolved through informal channels.

To analyze these informal and customary systems with special attention to:

Their strengths and weaknesses in providing access to justice, especially for vulnerable groups;
Their effectiveness at addressing various justices needs;
Their compliance with international human rights norms, particularly gender equality.

To identify the driving factors affecting people’s daily choices in resolving disputes as they navigate between the state administrative system, the formal justice system, and the informal systems, which may include, but are not limited to:

Availability and accessibility of the formal justice system;
The way in which people characterize the dispute (e.g. public vs. private matter, legal or non-legal);
The availability of resources and support (including support from other non-state providers such as civil society organizations, committees such as the Women’s Affairs Federation, or development organizations);
Type of outcome desired (e.g. monetary compensation vs. injunction/prohibition vs. possession of land/property);
Parties’ relative economic power, gender and cultural identity;
To survey users’ satisfaction with customary practices and informal systems.

To identify, where appropriate, broader socio-political and economic issues that may affect analysis of the data, such as:

Experience with armed conflict and peace;
Recent institutional changes, such as the introduction of local elections at ward/village level and a more participatory local governance structure (the creation of Township Development Support Committees (TDSC), Ward/Village Tract Development Support Committees (VTC), and Township Municipal Affairs Committees (TMAC);
Perceived legitimacy of various decision makers affect users’ available choices and preferences.

This research study will also provide recommendations of entry points for UNDP support towards improved rule of law and access to justice programming. Geographic recommendations may be given as well as recommendations for engagement with both the formal and informal systems (For a comprehensive matrix of entry points and good practices, and for a more detailed treatment of what interventions might look like, see Customary Justice: From Program Design to Impact Evaluation, E. Harper, IDLO, 75-76, 90-91).

These may include but are not limited to:

Strengthening existing systems that are considered locally legitimate and have been shown to increase people’s access to justice;
Development of procedural safeguards or minimum practice standards;
Establishing linkages between customary systems, state justice institutions and legal frameworks, and other State authorities (such as the GAD).

Duties and Responsibilities

Scope of Work

UNDP is calling for technical and financial proposals from individuals (hereafter referred to as ‘associate consultant’) to participate in the design, implementation, analysis and validation of a multi-phase research study in accordance with requirements set forth in this Terms of Reference (TOR).

The associate consultant will be contracted as a member of a team comprised of international and UNDP staff members. S/he will support a lead international consultant and will participate in all aspects of the project (including field research, data analysis, report writing, and validation meetings).

For the research in each target area, the associate consultant’s duties will be as follows:

Collaborate with the lead consultant and UNDP to adapt research tools and methods (finalized by UNDP and the lead consultant) to each target area;
Carry out the agreed research plan in all selected townships. The associate consultant will participate in some parts of the field research, including conducting in-depth interviews, as directed by and under the guidance of the lead consultant and Rule of Law Programme Specialist;
During the field research phase, assist with and participate in debriefing sessions carried out with the research teams in order to identify gaps and weaknesses in the research strategy and respond appropriately;
Under the guidance of the lead consultant, analyze data and participate in preliminary discussions of findings with experts and stakeholders;
Support the lead consultant in producing a 30-40 page report on each state that includes analysis of primary and secondary data and meets the objectives of this TOR. Specific responsibilities of the associate consultant may include analyzing the data in close collaboration with the lead consultant, writing sections of the report, and conducting additional research or follow-up interviews as needed;
Support the lead consultant in producing a 20 page summary report of all three states. Specific responsibilities of the associate consultant may include: analyzing the data in close collaboration with the lead consultant, writing sections of the report, and conducting additional research or follow-up interviews as needed;
Ensure research products are suitable for UNDP’s use. This may entail rewriting portions of reports or additional write-ups that may be needed for specific aspects of UNDP’s work.

In addition to the support through-out the research study (detailed above), the associate consultant will be responsible for the following:

Serve as the focal point for liaising with the Advisory Group, a group of technical and subject-matter experts UNDP will engage for advice and feedback throughout the research process;
Provide logistical support for the research company and the lead consultant. The associate consultant will be the main liaison between UNDP and the research company and lead consultant on logistical issues, and will assist UNDP staff with obtaining all travel authorizations;
Work with UNDP’s media communications team on potential opportunities for photo, video stories and drafting of other communication products as needed;
Participate in validation meetings after the completion of the research in accordance to a timetable agreed upon with UNDP;
Support UNDP’s Rule of Law Specialist in applying data and findings to UNDP’s programming activities, the production of issues briefing notes, and the development of knowledge products for the Rule of Law and Access to Justice Project. This may include aligning quantitative data with UNDP’s monitoring and evaluation frameworks to establish a baseline for future programming and linking research findings to UNDP’s current work. Support the Rule of Law Program Specialist in coordinating research efforts between UNDP and other actors in the field of rule of law and access to justice.

Expected Outputs and Deliverables

The associate consultant will be expected to produce the following outputs/deliverables as per the timelines indicated in the table below:

Deliverables/ Outputs, Target Due Dates, Target Due Dates, and Number of Work Days;
Field research completed and data collected, summarized and finalized for Rakhine State;
30 November 2015, Approval and acceptance by UNDP Rule of Law Program Specialist, 35 days;
Field research completed and data collected, summarized and finalized for Kachin State;
15 February 2016, Approval and acceptance by UNDP Rule of Law Program Specialist, 40 days;
Field research completed and data collected, summarized and finalized for Shan State completed;
20 April 2016, Approval and acceptance by UNDP Rule of Law Program Specialist, 40 days;
Summary report completed; validation of findings and additional write-ups, as necessary;
28 September 2016, Approval and acceptance by UNDP Rule of Law Program Specialist, 70 days.

Institutional Arrangement

The associate consultant will work collaboratively with the lead international consultant and UNDP Myanmar’s Rule of Law and Access to Justice Project teams, under the supervision of the Rule of Law Program Specialist. The associate consultant will be accountable to UNDP on the timeliness and quality of the outputs/deliverables. S/he will be required to report regularly to UNDP’s Rule of Law and Access to Justice Program Specialist on a daily basis (or as required) as well as to the lead consultant on a daily basis during the research study phase.

UNDP will secure government/political agreement for the research and access to research sites, including visas and travel authorizations.

UNDP will also provide the following support where deemed appropriate:

Substantive inputs in and quality control of deliverables;
Facilitation of introduction letters and/or requests for meetings/interviews upon request with stakeholders and beneficiaries;
Administrative and logistical support with travel and transport arrangements, visas, and processes necessary for successful project implementation;
Support from UNDP’s field teams and project staff;
Office/work space at duty station;
The consultant will provide his/her own computer and mobile phone;
UNDP will arrange the associate consultant’s in-country work-related travel and will pay for travel, transportation and hotel costs related to such travel;
The associate consultant will be entitled to apply for reimbursement of costs associated with necessary work-related in-country travel in accordance with UNDP’s travel policy.

Duration of the Work:

The associate consultant will work for a maximum of 185 work days;
The contract will commence from 30 September 2015 and will end on 29 September 2016.

Duty Station:

The associate consultant will be based in Yangon, Myanmar at the UNDP Myanmar Office with duty travel to Rakhine, Kachin, Shan States as required and deemed appropriate in order to carry out the requirements of the research study; and
The associate consultant may be required to travel to other states and regions in order to fulfill the obligations of these terms of reference.

Scope of Price Proposal and Schedule of Payments

Interested offerors are requested to submit their financial proposals as a lump sum amount noting the following conditions:

The lump sum amount must be “all-inclusive” All costs (professional fees, travel costs, living allowances, communications, consumables, etc) required to perform the demands of the TOR must be incorporated in the financial proposal, whether the fees are expressed as daily fees or lump sum amount;
The lump sum amount must be broken down by category;
The contract price is fixed regardless of changes in the cost components.

The associate consultant will be paid according to the following schedule:

Deliverables/ Outputs, Target Due Dates, Maximum Working Days, and Percentage of Contract;
Field research completed and data collected, summarized and finalized for Rakhine State;
30 November 2015, 35 days, 20%;
Field research completed and data collected, summarized and finalized for Kachin State;
15 February 2016, 40 days, 20%;
Field research completed and data collected, summarized and finalized for Shan State;
20 April 2016, 40 days, 30%;
Summary report completed; validation of findings and additional write-ups, as necessary;
28 September 2016, 70 days, 30%.

Competencies

Corporate Competencies:

Demonstrates integrity by modeling the UN’s values and ethical standards and acts in accordance with the Standards of Conduct for international civil servants;
Advocates and promotes the vision, mission, and strategic goals of UNDP;
Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
Treats all people fairly without favouritism.

Functional Competencies:

Good knowledge of the natural resource management particularly lake and watershed management, the concept of sustainability and sustainable development in the region and developing countries;
Ability to quickly grasp and synthesize inputs from a range of disciplines related to sustainable financial mechanism for environmental conservation;
Ability to advocate and provide technical advice on the relevant sector/theme;
Self-motivated, ability to work with minimum supervision;
Promotes a knowledge sharing and learning culture in the office;
Sensitivity to and responsiveness to all partners, respectful and helpful relations with all UN/UNDP staff;
Consistently approaches work with energy and a positive, constructive attitude;
Strong analytical capacity;
Excellent communications and advocacy skills;
Remains calm, in control and good humoured even under pressure;
Demonstrates openness to change and ability to manage.

Required Skills and Experience

Education:

Post-graduate degree in a relevant field (i.e. Social Sciences, Political Science, International Relations, Law or other related areas).

Experience:

Experience in issues of justice or governance is required (1-3 years);
Demonstrated knowledge of access to justice principles required;
Experience in qualitative and quantitative research methods is required;
Experience working with local partner organisations is an advantage;
A strong background in gender programming is an advantage;
Experience working in the Southeast Asia region is required, with experience in Myanmar strongly preferred;
Knowledge of UNDP processes and programming is an advantage.

Language:

Full working knowledge of English languages, including excellent writing skills.