ThaiNGO

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.

Program Outcomes
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:

• EOPO1: ASEAN’s planning, monitoring and reporting of the ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP) implementation is increasingly effective and advances the protection of victim rights.
• EOPO2: ASEAN member state justice and related state agencies are increasingly capable of implementing their ACTIP obligations, in particular those that uphold victim rights.
• EOPO3: ASEAN member state justice and related state agencies’ policies and practices are influenced by relevant stakeholders and better aligned with ACTIP, especially in connection to victim rights obligations.

Overview 
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.

Objective
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:  

• Produce a detailed design and timeline outlining proposed methodology, questions and final report structure, incorporating gender equality, social inclusion and victim rights.
• Conduct a desk review of relevant literature and current international, regional and national laws and policies and national practices on subject matter.
• In agreement with the ASEAN-ACT, identify key informants, develop interview questions and conduct interviews to gather insights into current practice, challenges of applying recovery and reflection periods in the context of victim protection. 
• Provide conclusions and practical recommendations to implement recovery and reflection period.
• In agreement with the ASEAN-ACT, design and facilitate a workshop for related justice actors and policy makers to validate findings and to discuss the feasibility of recommendations towards next steps in implementation
• With assistance from ASEAN-ACT, prepare the report from the workshop. Which will be an Annex to the actual Study. 

ASEAN-ACT will provide the following assistance to the Consultant:

• Share any existing materials relevant to the subject matter.
• Provide support in arranging meetings/interviews with relevant stakeholders.
• Arrange translation services.
• Provide logistic and administrative support.

Expected Outputs 
The Consultant is expected to deliver the following outputs: 

• A workplan outlining the timeline, deliverables and methodology the consultant will use to undertake the study
• A Study on ‘the application of the recovery and reflection period for presumed trafficking in persons victims for Thailand justice system’ to be used as a background discussion paper for the workshop.
• A Concept Note, facilitation plan and program for the workshop to discuss the findings and recommendations from the Study.
• Presentation of the Study and facilitation of the workshop.
• A final report incorporating feedback from the workshop.

Qualifications and experience: 

• Advanced degree in social work, justice, human rights, gender studies, or other relevant disciplines.
• Detailed knowledge and understanding of victim-centered approaches in the areas of human trafficking, gender-based violence, child protection, disability etc.
• Strong research and analytical skills with a proven ability to produce concise, focused and easily understood research report.
• Proven ability to work independently to produce high quality deliverables under tight deadlines.
• Excellent interpersonal communication skills and able to demonstrate respect for people with diversity.

Desirable: 

• Good command in Thai and/or English language.
• Knowledge and experience in subject matter.
• Knowledge and understanding of Thai justice and legal framework of trafficking in persons in Thailand.
• Detailed knowledge or understanding of social, economic, and political context governing trafficking in persons in Thailand.

Reporting Requirements 

• The consultant will report directly to Country Manager in Thailand, provide regular updates and share expected delivery results for Country Manager review and input. Country Manager-Thailand and other Long-term Technical Advisors will provide timely comments to the consultant’s work and address any request by the Consultant within a reasonable timeframe.
• The Consultant will determine his/her final work schedule, outline and methodology at the beginning of the assignment. The work schedule will set clear deadlines for the completion of each expected deliverable. 
   

Other Information

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 recruitment@aseanact.org with: 

• The words ‘Victim Recovery and Reflection Period Consultant’
• Your CV
• A one-page letter, which describes which describes how your skills and experience are applicable to the selection criteria 
• Example of published work related to the topic
• The names and contact details of three professional referees

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.