Home-based: Study on ASEAN Intergovernmental Commission on Human Rights (AICHR) Compliant and Emergency Support Mechanisms for Human Rights Defenders Especially

Study on ASEAN Intergovernmental Commission on Human Rights (AICHR) compliant and
emergency support mechanisms for Human Rights Defenders especially girls, youth and
women.

1. Introduction:

Plan International is an independent development and humanitarian organisation that advances
children’s rights and equality for girls. As an independent development and humanitarian
organisation, we work alongside children, young people, our supporters, and partners to tackle
the root causes of the challenges facing girls and all vulnerable children. We support children’s
rights from birth until they reach adulthood and enable children to prepare for and respond to
crises and adversity. We drive changes in practice and policy at local, national, and global levels
using our reach, experience, and knowledge. For over 80 years we have been building powerful
partnerships for children, and we are active in over 75 countries.

2. Background: 

Asia and the Pacific’s geographic scope and socio-economic diversity have fostered the region’s
role in growing the global economy and advancing technology and innovation. Although this has
enabled the region to make substantial headway in the 2030 Sustainable Development Agenda,
countries in Asia and the Pacific will not be able to fulfil their 2030 commitments without achieving gender equality and the empowerment of girls and women including ensuring that there is an enabling environment for girls and women participation in civic space.

In 1948, the Universal Declaration of Human Rights (UDHR) recognized that promoting and
protecting human rights are the foundation of freedom, justice and peace in the world. Universal
and indivisible, anchored in fundamental values that span every culture, religion and continent,
human rights are tools to address the world’s current challenges, from the triple planetary crisis,
to skyrocketing inequalities, gender discrimination and backlash, insecurity and conflict, as well
as a rise in hate speech, disinformation and polarization.

Regional human rights mechanisms have played an important role in the African, Arab, European
and American regions, complementing national systems and enhancing regional standards while
consolidating universal human rights. National human rights institutions (NHRIs) and civil society
support regional mechanisms by serving as a bridge among diverse stakeholders. The Vienna
Declaration and Programme of Action of 1993 recognized the important role of regional
mechanisms in advancing human rights.

The Asia-Pacific is the broadest and most diverse region, but has been the one region that lacks
any regional human rights court, commission or other framework that spans across the region.
Discussions to establish a regional arrangement largely commenced in 1990, and for many years, Member States convened on a semi-annual basis under the Asia Pacific Framework for Regional Cooperation, under the auspices of a Human Rights Council resolution to promote regional mechanisms. Civil society efforts led to outcomes such as the 1993 Bangkok NGO Declaration of Human Rights and the 1998 Asian Human Rights Charter.

According to a report by the Human Rights Council Advisory Committee in 2018 (A/HRC/39/58), three main approaches were discussed as a potential model for a regional human rights arrangement in Asia. The first is a narrow approach with a smaller sub-regional arrangement that is geographically limited but might ensure a higher degree of commitment and leaves open the possibility for expansion. The second is a wide approach that encompasses the entire region but would reflect the lowest common denominator due to widely divergent cultural values, types of governance and State preferences. The third would be a networked approach that would combine multiple and overlapping sub-regional mechanisms among like-minded countries, similar to the mechanisms in Africa.

In this regard, some progress has been possible at the sub-regional level in the Asia-Pacific. This includes the establishment of mechanisms under the Association of Southeast Asian Nations (ASEAN), notably the ASEAN Intergovernmental Commission on Human Rights (AICHR) and the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC), as well as the Independent Permanent Human Rights Commission (IPHRC) of the Organisation of Islamic Cooperation (OIC) and the Arab Human Rights Committee (AHRC) of the League of Arab States (LAS). There are also cooperative platforms like the Human Rights and Social Development (HRSD) Division of the Pacific Community (SPC) and various Commonwealth initiatives. Some have developed their own regional charters. Ideas have also been advanced in the past for regional human rights forums under the South Asian Association for Regional Cooperation (SAARC) and the Pacific Islands Forum.

To have a clear overview on the ASEAN Human Rights mechanism it’s needed to dig out the existing mechanism for improving the connection among the intergovernmental, regional civil societies & Human Rights Defender in favor of upholding the human rights at regional level specifically for the South East Asia.

Plan International is implementing a project Our Voices Our Choices (OVOC). This project intends to strengthen an enabling environment for youth/women-led civil society participation and engagement. It aims to facilitate CSOs and youth networks as independent actors who hold their governments to account, and to amplify the outcomes they seek in their societies. The OVOC Consortium is a partnership between Plan International, Article 19, the Feminist Dalit Organization (FEDO), Phayao Youth News Agency (PYNA), and Thailand Youth Institute (TYI). Under this project, we will be conducting a study on ASEAN Intergovernmental Commission on Human Rights (AICHR) compliant and emergency support mechanisms for Human Rights Defenders, especially girls, youth and women. This study aims to analyze the effectiveness of the ASEAN Intergovernmental Commission on Human Rights (AICHR) in ensuring compliance and providing emergency support mechanisms for Human Rights Defenders (HRDs). The focus will be on understanding how these mechanisms specifically address the needs of girls, youth, and women. The goal is to provide a comprehensive examination of the functionalities of the human rights mechanism within ASEAN, shedding light on its capacity to safeguard the rights of defenders and other relevant actors.

Plan International will consult and explore strategic partnerships for this study piece with Forum Asia &/ CRC Asia, and/ the Joining Forces network (Asia) as appropriate for getting support to engage youth, girls and young women as FGD respondents, also as key informants.

3. Study Objectives: 

1. To explore the existing Human Rights Mechanism in South East Asia considering the Human Rights Council guidance.
2. To identify existing AICHR complaint and emergency support mechanism gaps, particular for girls, youth and young women human rights defenders.
3. To draft guidelines for policy to strengthen compliant and emergency support mechanisms for human rights defenders especially girls and young women in ASEAN based on findings and recommendations in order to propose to AICHR.
4. To identify possible interventions in terms of AICHR policy/programs/project in making the complaint and emergency support mechanisms more responsive to HRD.
5. To draft a declaration with ensuring the participation of youth on the need for strengthening complaint and emergency support mechanisms for protection of human rights defenders especially girls and young women in ASEAN

4. Study Questions: 

The study aims to answer the following key study questions (which might be changed during the final proposal by the consultant):

1. What is the existing Human Rights Mechanism in South East Asia?
2. What are the existing mechanisms in ASEAN to protect and support Human Rights Defenders (HRD)?
3. Do these mechanisms include the protection of girl, youth and young women human rights defenders? How do existing mechanisms provide support and protection to girl and young women human rights defenders?/How responsive are these mechanisms to the needs and experiences of girls and young women human rights defenders?
4. What improvements need to be done for AICHR to be more responsive to girl, young women & human rights defenders? (Specify that these need to be policy improvements or revision to existing policies or guiding/implementing notes on existing mechanisms.)
5. What are the possible interventions in terms of AICHR policy/programs/project in making the complaint and emergency support mechanism for HRD?
6. What are the recommendations for establishing a stable Human Rights Mechanism for Southeast Asia especially for strengthening complaint and emergency support mechanisms for protection of human rights defenders especially girls, young women and HRD?

5. Scope of Work: 

The consultant shall lead the following process in consultation with Plan Asia and Pacific Hub team, Country Office ( i.e Plan Indonesia, Plan Bangladesh, Plan Timor-Leste) Human Right Defender Organisations/ Youth Organizations who works for human rights especially children rights and women rights.

• Conduct desk review of available publications, reports, research, recommendations, materials, and tools, related to human rights mechanisms and protection of human rights defenders in ASEAN.
• Conduct survey translated into local languages (as necessary) with girls, young advocates/ Human Rights defenders in Asia and Pacific region, and with relevant regional bodies, and national human rights institutions.
• Conduct In-depth interviews, Key Informant Interviews, Focus Group Discussions, and case studies with identified participants. 
• Validation and launching workshop.

6. Suggested Methods: 

1. Secondary data desk review
2. Primary data collection with using different methods, such as FGD,KII & survey etc.

7. Key Deliverables: 

The consultant will work in close collaboration with the APAC Regional/CO research team. The following deliverables are expected from the consultant (s) after signing the contract: 

Table of Deliverables - Deliverable / Format / Length /Due: 

1. An inception Report should include (at a minimum):

• 1.1. A tentative list of available literature, relevant documents, and data sources to be used
• 1.2. A detailed methodology for research
• 1.3. A detailed work plan with a timeline, estimated no. of work days for each deliverable and date for deliver
• 1.4. A tentative structure/outline of the final study report
• Word / Not more than 15 pages / 20th January 2024

2. Tools and materials submission according to the final inception report as appropriate (PDF, Word, survey link, etc.) / N/A / 25th January 2024

3. Draft report containing (1) findings of desk review, (2) interviews, (3) case studies, (4) map out of alternative complaints and emergency support mechanism, (5) policy or programme or project interventions, (6)declaration, (7) policy guideline and so on as relevant
Word doc / Maximum 30 pages / 15th March 2024

4. Final study report containing 1) findings of desk review, (2) interviews, (3) case studies, (4) map out of alternative complaints and emergency support mechanism, (5) policy or programme or project interventions, (6) declaration, (7) policy guideline and so on as relevant
Word doc / Maximum 30 pages / 30th March 2024

5. A PowerPoint presentation on the study

• PowerPoint / N/A /5th April 2024

6. Participate & facilitate the Launching workshop with AICHR and the launching report

• In-person/ Blended mode 1 / By 30th April 2024 /

8. Ethics and Child Protection: 

Plan International is committed to ensuring that the rights of those participating in data collection or analysis are respected and protected, in accordance with Ethical MERL Framework and our Child and Youth Safeguarding Policy. All applicants should include details in their proposal on how they will ensure ethics and child protection in the data collection process, if any. Specifically, the consultant(s) shall explain how appropriate, safe, non-discriminatory participation of all stakeholders will be ensured and how special attention will be paid to the needs of children and other vulnerable groups. The consultant(s) shall also explain how confidentiality and anonymity of participants will be guaranteed.

9. Budget: 

The consultant should propose budget including VAT together with the proposed methodology in the study proposal for this consultancy work. The consultant is invited to submit a single budget for this consultancy. Payment will be made based on agreed amounts in the consultant’s contract, and upon approval of invoices.

10. Payment Modality: 

• After signing the contract 30%
• After submitting the Inception report 30%
• After the final deliverable (Final study report) 40%
• Total 100 %

11. Tentative Timeframe and Estimated Working Days: 

The assignment is estimated to be completed within 45 days starting from 1st January 2024 and to be completed 30 April 2024. The timeframe is indicative and can be re-evaluated in consultation between Plan International and the consultant (s) (this timeframe and estimated working days will be filled out by the applicant). 

Task / Timeframe / Estimated No. of Workdays / Deliverable: 

• Hold an initial meeting to discuss the overall research, methodology, and deliverables / Develop and submit an inception report including detailed work plan, methodology and study tools / Inception report including detailed work plan, methodology and study tools - Inception report and work plan approval by Plan’s study ethics review committee / 10th February 2 weeks / Approval
• Conduct desk review & survey/FGD/interview
• Conduct in-depth interview as planned
• Develop a draft report and submit it to Plan APAC / Draft report
• Plan reviews and provide feedback on the draft report / 7 days after getting the report
• Incorporate the Plan’s feedback and submit final report
• Plan reviews and approve final report / Final study report
• Submit a PowerPoint presentation of a summary study key findings / PowerPoint Presentation
• Launching Workshop with AICHR / Accomplished event and the event report

12. Use of the Study: 

The primary users of the study will be Plan International programme, advocacy and campaign staff in Asia and the Pacific Country Offices. The Regional Hub will also use the findings.

13. Intended Audience of the Study: 

The intended external audiences of the study will be AICHR, regional stakeholders, Human Rights Defenders, academics, non-governmental organizations, think-tanks and civil society.

14. Qualifications: 

Academic Qualification:

• Advanced university degree in social sciences or other fields related to the scope of the assignment.

Technical Knowledge, Skills and Experience:

• Minimum 10 years of experience conducting and coordinating study related to youth engagement and activism, gender equality, girls’ and women’s empowerment, climate justice.
• Strong understanding of the gendered challenges faced by girls and women in Asia-Pacific required.
• Experience in qualitative study methods including document review, interviews, coding, analysis and reporting required.
• Strong understanding of human rights issues and the work of human rights defenders especially of women and girls.
• Strong understanding of ASEAN and the regional human rights mechanisms in general following UN HRD.
• Excellent report writing, presentation and communication skills in the English language.
• Excellent interpersonal skills and ability to quickly incorporate feedback from different individuals. 

15. Evaluation Criteria

Candidates will be evaluated in the following:

Criteria/Weight: 

• Academic qualification / 20%
• Technical knowledge, skills and experience / 20%
• Detailing Methodology /Technical proposal /40%
• Financial proposal /20%
• Total = 100%

How to Apply: 

Interested applicants should provide a proposal covering the following aspects:

• Detailed response to the TOR
• Proposed methodology
• Proposed timelines
• Curriculum Vitae
• Three references
• Example of previous work related to the study focus and scope of the assignment.
• Detailed budget, including daily fee rates inclusive of taxes, etc.

Please send your application to thailand.procurement@plan-international.org. by December 26, 2023 referring " Job Study on AICHR Consultancy" on the subject**.**