About the program:
ASEAN–Australia Counter Trafficking (ASEAN-ACT) continues Australia’s long running collaboration with ASEAN and its member states to end human trafficking in our region. The program will principally work on strengthening the justice sector response to human trafficking, while opening up new partnerships with allied government agencies, civil society and business. It will engage all 10 ASEAN Member States in some capacity and will continue national-level programming in Cambodia, Indonesia, Lao PDR, Myanmar, the Philippines, Thailand and Vietnam.
The overarching goal that ASEAN-ACT will contribute to is that ASEAN member states have effective justice systems that provide just punishment of traffickers and protect the rights of victims. Three end-of-program outcomes (EOPOs) together contribute to the achievement of this goal by 2028:
ASEAN-ACT, in collaboration with the Department of Trafficking in Persons Litigation, Office of Attorney General Thailand (DTIPL), is going to engage a consultant to commission a Study “the application of the recovery and reflection period for presumed trafficking in persons victims for Thailand justice system”.
The international experience shows that the mechanism of a supported ‘recovery and reflection’ period can be useful in providing presumed victims space and time to make their informed decision. During this period, the presumed victim cannot be expelled from the country and permission to stay is granted by the state. The individuals shall also be entitled to any available assistance relevant to physical, psychological and
social recovery including access to accommodation and subsistence, counselling, physical and mental health care, and signposting to services including legal aid.
This good practice of providing a longer time for recovery and reflection periods to allow victims to make informed decisions on whether or not to assist law enforcement and cooperate in the criminal justice process is being implemented in a number of countries including Canada, Germany, Norway, UK, etc. These countries have included into their domestic laws a range of recovery and reflection periods ranging from 45 to 180 days when there are reasonable grounds to believe that the person concerned is a victim.
The Council of Europe Convention on Action against Trafficking in Human Beings requires each party to provide in its internal law a recovery and reflection period of at least 30 days, and while ACTIP carries similar requirements, this practice is not included in domestic laws in any ASEAN Member States and seems to be very rarely offered in practice.
ASEAN-ACT expects that findings and recommendations from this Study will be the entry point for Thai justice sector to discuss how to apply good practice in recovery and reflection period to better accommodate presumed victims to make decisions considering that respect for victims’ rights must be the paramount objectives taking gender equality and child-rights approach into account.
ASEAN-ACT will support this Study as it contributes to enhancing the national level ACTIP implementation relevant to victim rights and achievement of its EOPO 2.
The purpose of the Study is to answer the question of how a sufficient recovery and reflection period will increase the willingness of presumed victims to assist law enforcement and cooperate in the criminal justice process; good practice and challenges of implementing recovery and reflection period in other countries and to what extent it should be applied to victim identification processes in Thailand.The Study will provide set of recommendations for discussion in the Thai context.
The Study will be used as background information for the workshop to be co-hosted by ASEAN-ACT and DTIPL. Participants, who are practitioners and policy makers working in the area related to justice system and TIP victim protection, will discuss the importance and possibility to strengthen the laws, policies, regulations and practice in order to implement a recovery and reflection period, to allow presumed victims of trafficking in persons in Thailand the space and time they need to make informed decisions.
The key findings from the Study together with the outputs from the workshop are to guide relevant government agencies in potentially applying a ‘recovery and reflection period’ to improve their policies and practices to enhance the Thai justice system and better protect victims of trafficking in persons.
Areas of Responsibility
Under the supervision of the Country Manager – Thailand, the Consultant is responsible to:
ASEAN-ACT will provide the following assistance to the Consultant:
The Consultant is expected to deliver the following outputs:
Qualifications and experience:
Duration: Up to 30 input days (August - December 2020)
Remuneration: ARF C4
Performance Management and Reporting Framework: DFAT Adviser Performance Assessment and relevant program reporting framework.
Reports to: Country Manager – Thailand
Location: Home based with possible travel requirements within Thailand
Amendments to the Terms of Reference may be made during the period of the engagement as required.
How to Apply
Send an email to email@example.com with:
Applications close on Tuesday, 30th June 2020, 5 PM Bangkok time.
ASEAN-ACT is committed to achieving workplace diversity in terms of gender, nationality, and culture. Individuals from minority groups, indigenous groups, people with a disability, women and ASEAN nationals are strongly encouraged to apply. All applications will be treated with the strictest confidence.
ASEAN-ACT 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.
Due to the expected volume of applications, only candidates under positive consideration will be notified.
Contact : firstname.lastname@example.org