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Terms of reference .pdf



Nome del file originale: Terms of reference.pdf
Titolo: DMP2113063
Autore: kietlen

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SPECIFIC TERMS OF REFERENCE
HUMAN RIGHTS EXPERT TO THE CAMBODIAN HUMAN RIGHTS COMMITTEE
FWC BENEFICIARIES 2013 - LOT 7: Governance and Home Affairs
EuropeAid/132633/C/SER/multi
1 BACKGROUND
1.1 Beneficiary country
Kingdom of Cambodia
1.2 Country Background
The European Union (EU) has been providing substantial support to the human rights and democracy work in
Cambodia as part of its global agenda to promote human rights and democratic process in third countries. This longterm support has been geared towards strengthening the respect for human rights and democratization in Cambodia
and was provided in form of grants to national and international NGOs under the European Instrument for
Democracy and Human Rights- EIDHR. Since 2003, the EU has provided in grants a total of around 18.5 Million
Euro to human rights NGOs implementing some 60 human rights related projects in Cambodia.
The support to civil society organizations starts from the recognition that these grassroots organizations are key
actors in fostering social capital and the democratic development in their societies. This support helps to strengthen
the capacity of local civil society organization including the national capacity of the state's institutions by supporting
their initiatives aimed at promoting democracy and human rights as well as to strengthen the cooperation between the
EU and the NGOs and between the EU and the Government.
The promotion of democracy, the rule of law, good governance, and respect for human rights and fundamental
freedoms lie at the core objectives for EU work in Cambodia. This vision is well reflected in the Royal Government
of Cambodia's 2013 rectangular strategy paper which sees the need for strengthening governance and capacity of
public institutions in order to improve the efficiency of public service delivery, continuing legal and judicial reforms
to ensure social justice and promote rights of people along with integrity, transparency and accountability of civil
service, continuing reform of public administration including decentralization and de-concentration and
strengthening oversight institutions to bring public services closer to the people, to promote democratic process at
sub-national level and to ensure checks-and-balances in the exercise of power. To achieve this, it recognizes the
importance of fostering strong and innovative partnerships with relevant stakeholders including private sector,
development partners and civil society.
The Cambodian Human Rights Committee (CHRC) was created on 18 January 2000 as a national institution to work
on human rights in the name of the Royal Government of Cambodia to protect and promote human rights as
enshrined in the Cambodian Constitution. Four key areas of focus by the Committee are the following:
1. Human Rights Protection
2. Monitoring human rights implementation
3. Promotion and advancement of human rights
4. Human rights reporting
As far its mandate to promote and protect human rights in Cambodia is concerned, the Cambodian Human Rights
Committee has informed the Delegation about the need for support in:
Strengthening the capacity of its staff members in areas of human rights training, policy drafting and strategy
formulation, analytical skills and techniques as well as improving the current training manuals and materials as part
of its progressive capacity building and promoting regular dialogues between civil society and different government
services. The support in these areas will help ensure a high degree of the capacity needed to perform the committee's
tasks more effectively.
To this end, the EU Delegation has provided technical support to CHRC since 2012 to enhance its training capacity
and the Committee has thus far been able to provide a number of provincial human rights training and create its

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provincial human rights focal points in 16 out of 25 provinces of Cambodia. The Committees will thus need to
provide further training to its focal points in the remaining 09 provinces of Cambodia.
2 DESCRIPTION OF THE ASSIGNMENT
2.1 Global Objectives
• To strengthen the national capacity of CHRC to effectively response to human rights abuses and violations
with necessary skills and knowledge so as to contribute to promoting the respect for human rights and
social justice in Cambodia
• To build a strong, credible and effective CHRC as an important part to strengthening national human rights
protection system.
2.2 Specific Objective
• To develop strategies for the promotion, protection and monitoring of human rights and fundamental
freedoms to complement the human rights obligations Cambodia has attached itself under the international
conventions and covenants in particular, through the recent Universal Periodic Review Process in March
2014.
• To further develop the capacity of the CHRC to response to human rights abuses through human rights
training and knowledge base.
Beneficiaries
The direct beneficiary will be the CHRC Members and staff particularly of the Legal Training and Investigation
Departments. Committee Members and the Legal, Training and Investigation Departments will be the main
counterparts of the Expert, while appropriate collaboration will be assured with the other concerned Departments and
offices.
The staff of CHRC at the national and provincial levels, people at the grass-root level, civil servants of the
Government agencies and concerned NGOs will also be beneficiaries of the action.
Finally, the Cambodian public, students, members of the civil society organization, as well as civil servants from
different Departments will benefit from a series of provincial trainings, dissemination and awareness raising
activities and improved capacity of CHRC whose work is to contribute to the improved human rights situation in
Cambodia.
2.3 Requested services
The Expert will have to be fully aware of all relevant national and international legal documents and legal framework
on promotion and protection of human rights as well as knowledge of international best practices.
The Expert will ensure full collaboration with other relevant stakeholders such as Cambodia Office of the High
Commissioner for Human Rights (COHCHR), and EU Member States as well as other international and national
non-governmental organizations.
• The Expert will work with different Departments and CHRC commissioners to provide provincial human
rights trainings to different target groups: The trainings will target members of the police, those of local
authorities and provincial department. In this respect, the Expert will act as a co-trainer together with local
trainers of the CHRC and shall closely monitor such training to ensure that it is delivered effectively
achieving the expected results
• The Expert will further develop and update the existing human rights training curriculum in line with the
existing action plan for training developed by the CHRC and if need be, he/she shall review and improve
the existing action plan.
• The Expert will coordinate and assist in the conduct of UPR consultation process during his/her assignment
with relevant stakeholders and donors in order to help CHRC and the Government of Cambodia to meet
their reporting obligations under the UPR procedures..
• The Expert shall evaluate the progress of his/her assignment focussing on the achieved output on regular
basis and make all necessary recommendations, during and at the end of her/his assignment, for further
replication and improvement of the methodology developed for cascade training and for improvement of
the work of the Committee.
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The Expert shall assist CHRC in fund-raising or other tasks as assigned by the president of CHRC in
discussion with the EU Delegation in Cambodia.
Collaborate with other stakeholders, if any, to ensure consistency in international technical assistance to the
CHRC
The Expert will assist in the organization of five provincial training courses in following provinces:(1)
Ratanakiri, (2) Mondulkiri, (3) Koh Kong, (4) Preah Vihear and (5) Oddor Meanchey . Each training course
will be conducted jointly by 4 trainers of CHRC, one assistant and the Expert for 2 days each. Each training
session will be attended by 50 trainees at the invitation of CHRC.

2.4 Required outputs
The provision of the Expert's assistance in the above-mentioned areas is expected to improve the capacity of
the various CHRC departments involved, skills and knowledge of trainers and CHRC staff, and the human
rights protection and promotion mechanisms, training manuals, and the overall the improved capacity of the
CHRC.
There will be a better cooperation and understanding between the NGOs communities and the Committee
through the Expert 's engagement with human rights NGOs and training and field visits activities by the
committee in provinces.
The credibility and effectiveness of CHRC will be improved through the improved training skills,
knowledge, and regular dialogues with CSOs.
In addition, the capacity of the CHRC to plan for human rights training and promotion and protection of
human rights will also be enhanced. Key areas for further work by the Cambodian authorities and for
possible international support will be identified.
Produce monthly and final reports (see 5. Reporting )
The CHRC will provide a working space to the Expert within its headquarter in Phnom Penh. To ensure a smooth
working coordination and cooperation, and consistency with the work-plan of CHRC, the Expert shall work closely
with and consult with a focal point to be decided by CHRC for guidance and to discuss in a timely manner on all
activities and programmes to improve the capacity of the CHRC and its concerned Departments.
2.5 Language of the Specific contract
The language of the Specific contract is English.
2.6 Subcontracting
Sub-contracting is allowed for translation and/or interpretation.

3. EXPERTS PROFILE or EXPERTISE REQUIRED
3.1 Number of requested experts per category and number of man-days per expert or per category:
Number of requested experts

Category

Man-days

01

3

42 days

3.2 Profile per expert or expertise required:
• Category and duration of equivalent experience
Category 3
The Expert must have at least 3 years of progressively responsible experience in human rights and
comprehensive knowledge of a broad range of international human rights issues with particular experience in
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formulating human rights policy and strategies in the area of education and in organizing and delivering
training activities.

• Education
Hold an advanced university degree (Master's degree or equivalent), in law preferably in the field of conflict
resolution, international human rights laws, political science or international relations.

• Experience
-

One-year experience in designing and implementing a national human rights curriculum or human right
training;
Have a good interpersonal relationship skill and be able to collaborate in a diplomatic manner with public
bodies, civil society, political parties and the international community in a politically sensitive environment
Working experience in countries with a developing democratic system;
Demonstrated ability to work in a multicultural setting, and as a team player;
Proven organisational, analytical and writing skills;
Previous experience in Cambodia is a distinctive advantage.

-


-

Language skills
Proficiency in English, knowledge of French and/ or Khmer an asset
Computer proficiency (major currently used software and web-based tools).

4 LOCATION AND DURATION
The assignment will start from 08 January 2015 for 42 days and will cover approximately 2 months and one week.
The working days are based on a 5 day working week excluding national holidays.
She/he will be briefed and de-briefed by the EU Delegation in Cambodia, upon her/his arrival in the country and
before her/his departure.
Expert /Location

Days foreseen in Cambodia

Total

Human Rights Expert

42

42

4.2 Foreseen duration
The foreseen duration of the assignment is approximately 2 Months and one week.
4.3 Planning
The experts should be available as soon as possible.
5 REPORTING
The Expert shall submit every month a brief report to the EU Delegation to Cambodia, of a maximum of 2 pages.
The report shall cover:
Overview of Expert 's activities
Update on the CHRC activities
Expected activities during next phase
Challenges faces
Recommendations for further improvement of the activities relating to training activities and set-up of the
mechanism for protection and promotion of human rights as well as improved partnership between civil society
organizations and CHRC with potential related strategies.
The final project report, of maximum 20 pages, shall cover:
An overview of the Expert 's activities, identifying key inputs and outputs in consultation with CHRC.
A full overview of all the activities implemented with an analysis of the capacity of the staff and administration
to carry out their tasks at the national and provincial levels
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Recommendations and strategies for further strengthening the competencies of the CHRC administration in the
issues relating to the scope of the technical support, for next steps
Key areas for potential further international assistance shall also be identified
The final report shall include an executive summary, of a maximum of 01 page, based on the content of the final
report. The recipients will be at the discretion of the European Commission and the EU Delegation.
The briefing notes, final report and executive summary shall be written in English.
Number and date of submission of reports
The Expert will submit a draft consolidated final report, 4 days before her/his departure from Cambodia, to the EU
Delegation in Cambodia and copied to the CHRC, during a de-briefing meeting. The final report and an executive
summary, incorporating the EU Delegation's comments, will be submitted in 2 copies within 14 days after the receipt
of comments from the EU Delegation in Cambodia
Electronic copies of the draft and final version of the consolidated final report and of the executive summary will be
sent simultaneously with the hard copies to the EU Delegation in Cambodia.
These Terms of Reference may be elaborated further and/or be completed at the briefing in Phnom Penh. Attention is
drawn to the fact that the Commission reserves the right to have the final report and the executive summary redrafted
by the mission as many times as necessary and that financial penalties will be applied if deadlines indicated for the
submission of reports (draft and final) are not strictly adhered to.

6

INCIDENTAL EXPENDITURE

An allocation of EUR 24,906.00 is reserved for reimbursable costs. In addition to per diems, this includes








EUR 1,400 to cover international travel cost.
EUR 1,900 to cover the rental of a car to provinces in Cambodia- 20 days
EUR 4,600 to cover the cost of the venues including refreshment and lunch for five 2-day training sessions
EUR 1,600 to hire an interpreter for two months– 800 EUR per month.
EUR 2,550 to cover the Daily Subsistence Allowances (DSA) for 4 local trainers: 85 person-days in total. DSA
is set at maximum 30 EUR (34 USD) per day including accommodation to be paid regardless of the ranks as
mentioned in the sub-decree No.216 on daily subsistence allowance of 22 July 2014.
EUR 1,250 to cover visibility, printing certificates and training materials
EUR 2,500 to cover the cost for expenditure verification.

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ADMINISTRATIVE INFORMATION

This is a Fee-based Contract. During all contacts with the Cambodian authorities or any other organisation, the
Expert will clearly identify her/himself as independent expert and not as official representative of the European
Commission nor CHRC. The final report and the executive summary will clearly mention on the first page a
disclaimer stating that these are the views of the Expert and do not necessarily reflect those of the European
Commission, nor of the CHRC. The Expert will ensure the visibility of the European Commission on all the
documents and other materials produced for public use, in particular on the manuals.

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