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Legal Drafting Expert (Child Rights)

Myanmar

  • Organization: IDLO - International Development Law Organization
  • Location: Myanmar
  • Grade: Consultancy - Single Engagement Agreement
  • Occupational Groups:
    • International Relations
    • Legal - Broad
    • Legal - International Law
    • Children's rights (health and protection)
  • Closing Date: Closed

Background

Myanmar is a party to the Convention on the Rights of the Child. Nevertheless, children in Myanmar suffer disproportionate risks of early marriage, sexual exploitation, trafficking, neglect and abuse.[1] Taking steps to address these challenges, Myanmar passed a revised Child Rights Law on 23 July 2019 (Pyidaungsu Hluttaw Law No. 22/2019) (the Law). The Law delegates authority to the Department of Social Welfare (DSW) to develop rules to implement the Law (the Rules). The Rules will provide detailed guidance to Government agencies on their legal obligations under the Law.

In partnership with UNICEF Myanmar, IDLO is supporting the development of the Rules through its project, Support to the Development of Rules for the new Child Rights Law (the ‘Project’). The Project will provide technical support in the drafting of the Rules and facilitate multisectoral thematic consultations to ensure that the Rules are implementable.  

The Project will be implemented in three phases: (1) inception; (2) drafting; and (3) capacity building. The inception phase will focus on assessing and defining the scope of work through the development of a needs assessment and a workplan. The second phase will focus on drafting the Rules through a series of national and regional consultations to gather inputs into the draft Rules from a range of key stakeholders, including government, civil society and international organizations. Stage three of the Project, the capacity building stage, will include the development of outline training plans to guide future capacity building of key stakeholders.

The Assignment

Under the supervision of the Project Coordinator and overall guidance of the Country Manager, two (2) experts in legal drafting will support the drafting of the Rules for the Law.  Each consultant will contribute to this process under the three project phases, grouped into two periods as follows:

 

Period A

Duration

Over a period of 4 Months

Timeframe

February – May 2020

Duty station

Home based

Travel

30 days in-country mission in Myanmar

Deliverables

 

·         Prepare Draft 1 of the Rules, in accordance with existing laws of the Union of Myanmar and international best practices. This must include detailed guidance commentary and generally fit within the following thematic areas:

1)        violence against children;

2)      child protection and care;

3)      healthcare & education;

4)      labor;

5)      children in contact and conflict with the law; and

6)      children in armed conflict settings.

 

·         Participate in, and incorporate feedback from, eight stakeholder consultation meetings to produce Draft 2 of the Rules.

 

Methodology

Desk research and in-person working meetings.

 

Period B

Duration

Over a period of 2 months

Timeframe

June - July 2020

Duty station

Home based

Travel

14 days in mission

Deliverable

 

·         Participate in, and incorporate feedback from, additional stakeholder consultation meetings to produce Draft 3 of the Rules.

 

Methodology

Desk research and in-person working meetings.

Methodology

The Consultants will be expected to work together and coordinate their work, under the direction of the project coordinator. They will undertake this assignment through an initial desk review of legal research and a needs assessment prepared by IDLO, as well as any necessary additional research into the Law and related laws and policies. The Consultant shall then participate in consultation events that inform the development of the drafts, the last of which will be submitted for adoption by a technical working group comprised of representatives of government departments and ministries.

Deliverables

The following deliverables should be submitted to IDLO:

  • The consultants will together develop Draft 1 of the Rules, inclusive of commentary and generally aligned within six (6) thematic areas.
  • The consultants will participate in eight (8) consultation events that will be held in Myanmar and:
  • Prepare reports on the feedback gathered from those meetings; and
  • Prepare Draft 2 based on the consultation process.
  • Prepare Draft 3 based on the ongoing consultation process.

Duration and Timeline

The total duration of the assignment is expected to be between 01 February 2020 – 31 July 2020. During this time, each consultant is expected to be responsive and available to communicate with IDLO and project partners as requested by IDLO.

Each consultant is expected to spend a total of 6 weeks in-country, in Yangon and Nay Pyi Taw, while the rest of the work will be performed remotely. Dates of travel in-country will be decided in agreement with IDLO.  Flexibility in terms of scheduling will be necessary, due to the coordination needs between multiple governmental departments and other stakeholders.

Deliverable

Due Date

Payment

A

Draft 1 of the Rules

01 March 2020

20%

Post-consultation report and Draft 2 of the Rules

30 April 2020

40%

B

Draft 3 of the Rules

31 July 2010

25%

 

Ideal Candidate Profile

Education and Work Experience

  • Postgraduate university degree in social work, political science, public administration, law (comparative domestic and international law), preferably in a field related child policy or child protection or other relevant field.
  • Applicants from other disciplines with significant experience as a member of a national parliament or parliamentary staff in child policy-related bodies may also be considered.
  • Demonstrated experience with drafting legislation or rules in transitioning countries, with an emphasis on child rights or child protection policy.
  • Familiarity with the political and security contexts in Myanmar and Southeast Asia/Asia-Pacific more broadly.
  • Experience with integrating gender sensitivity and equality in child-centered social service governance and reform.
  • Professional experience related to the design, review, adoption, implementation and monitoring of child-centered social service reform policies, strategies and activities.
  • Experience in working with diverse groups of stakeholders including International Organizations, international/local NGOs, private sector and government authorities.
  • Excellent analytical and communication skills.

Languages

  • Fluent in English speaking and drafting formal documents.
  • Burmese speakers are strongly encouraged to apply.

Technical competencies

  • Minimum eight (8) years of relevant experience in working on child rights policy, including experience in legal drafting.

Behavioral competencies

  • Excellent interpersonal and leadership skills and experience working with stakeholders, particularly at senior levels of government departments.
  • Ability to conduct research and develop work product remotely and within Myanmar.
  • Ability to work and travel within Myanmar for 6 weeks.

                                                                             

TERMS AND CONDITIONS

The cover letter should highlight the consultant’s specific area of expertise within the field of Child rights, and in particular, highlight any expertise in the six thematic areas highlighted above. The price proposal should include a daily fee together with an estimate of the number of days needed to complete the deliverables.  IDLO will cover costs related to international and domestic travel and per diem in Myanmar, which do not need to be included in the proposal.  For assistance in preparing the proposal, the official version of the Child Rights Law may be accessed at http://en.pyidaungsu.hluttaw.mm/uploads/pdf/U6E6d4_Child%20Rights%20Law.pdf.  For an unofficial English translation, please contact Brian White (bwhite@idlo.int).

DISCLAIMER 

The above statements are intended to describe the general nature and level of the work being performed by the Contractor assigned to this work. This may not be an exhaustive list of all duties and responsibilities.

The Director-General of IDLO reserves the right to amend and change responsibilities or even to cancel the recruitment to meet business and organizational needs as necessary.

[1] For further reference please see: https://www.unicef.org/myanmar/children-myanmar

 

 

This vacancy is now closed.
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