Plan Myanmar

Terms of Reference for the Child Rights Situational Analysis (CRSA)

1. Background Plan is an international, humanitarian, child focused development organization without any religious, political or governmental affiliations. Plan is committed to achieving a world in which all children realize their full potential in societies that respect people’s rights and dignity. Plan started operations in Myanmar in 2008 following Cyclone Nargis. The Nargis response was implemented over three years through local partners and managed from Asia Regional Office (ARO). After the Nargis response in 2012 Plan signed a three year MoU with the government of Myanmar and implements its work through local partners in five target areas: Ayeyarwaddy, Rakhine, Mandalay, Sagaing and Kachin. To date Plan Myanmar has built its programmes in the areas of ECCD, WASH, MNCH & Nutrition, Disaster Risk Management (Emergency Response, Safe Schools, DRR & CCA), and Child Protection/Child Rights. Gender equity is a cross-cutting theme in all programmes, together with resilience and local partner capacity development. Plan Myanmar is initiating a first Country Strategic Plan for Plan Myanmar (i.e. CSP-I) and is expected to cover the period of five years from 2015 to 2020. It will represent a strategic analysis on the realization of children’s rights in Myanmar, and establish the goals that ensure Plan Myanmar will work to improve the lives of poor and marginalized children and communities in response to the situation analysis. As child-rights based organisation, Plan Myanmar requires a foundational analysis in terms of examining the extent to which children’s rights are being enjoyed and an analysis of the obstacles to, and enablers of, their realization in the Myanmar context. A Child Rights Situational Analysis is the essential precursor of CSP and it shall provide a common reference for internal and external discussion about children rights situation in Myanmar and inform Plan’s strategic decisions. Plan Myanmar has decided to hire the services of consultant to develop and conduct the CRSA for Plan Myanmar. This terms of Reference outlines the steps of how the CRSA will be carried out. A more detailed work plan is to be developed in conjunction with the consultant. 2. Purpose and Scope of Work The main objective of the CRSA is to provide a reliable overview of the children's rights situation in Myanmar that will inform and guide the development of Plan Myanmar Country Strategic Plan 2015-2020. This assignment is to analyze the situation of children in Myanmar from a child rights perspective. Children are defined as those under the age of 18. The CRSA shall describe what rights are not realized (and what rights are at risk), which children are most affected, how they are affected, and

analyze immediate and root causes. Assessment shall also provide historical perspective and highlight emerging trends over the last five years. The effect that disasters have on children will also be reviewed as a cross-cutting area. Geographical scope The CRSA will be conducted at the national level primarily based on existing secondary data. However if there are gaps in the secondary data some primary data collection in the selected townships may be required to gather information from key stakeholders including the children, government, and families from sampled communities. Townships will be selected based on accessibility, priority needs and geographical spread. 3. Specific Objectives The situation analysis shall provide an overview of the current situation of children in Myanmar and more specifically will:

Analyse the extent to which children’s rights have been realised in Myanmar and the factors enabling this. The analysis should contain the immediate and underlying factors that hinder the realization of children’s rights and children who are most marginalized and excluded (due to poverty, gender, ethnicity, disability, etc.)

Analyse the extent to which duty bearers, key actors and stakeholders are able to protect and fulfill children’s rights, and where possible forecast the likely trend of this in the near future, through review of existing legislation, strategies and polices in place for children and gaps that exist.

Provide macro level analysis of the political, economic, social, environmental (including climate change predictions) and cultural context of the country, identifying any key factors that may influence Plan’s strategic choices.

Assess the current or potential impact of emergencies, climate change and the presence of emergency preparedness on the realisation of children’s rights.

Analyse the response of government at all levels, local and international civil society organizations, (including potential partners) to identify and address these gaps.

Incorporate the voices of children and get a better understanding of what they feel are the greatest violations of their rights.

Identify any opportunities and constraints for the agencies to make a significant contribution to the fulfillment of children’s rights in Myanmar over the next five years, including government capacity, donor prioritization or saturation of a key issue which is already addressed by other key actors.

4. Methodology The CRSA will be conducted through reporting against holistic framework described in the eight United Nations Child Rights Convention (UNCRC) monitoring clusters:

1. General Measures of Implementation (Articles 4,42, 44.6 as well as 2005 General Comment 5)

2. General Principles (Articles 2, 3, 6, 12) 3. Definition of Child (Article 1) 4. Civil Rights and Freedoms (Articles 7, 8, 13-17,37) 5. Family Environment (Articles 5, 9, 10, 11, 11, 18, 19, 20, 21, 25, 27) 6. Special Protection Measures (Articles 22, 37 – 40) 7. Education and Culture (Articles 28, 29, 31) 8. Basic Health and Welfare (Articles 6, 18, 23, 24, 26, 27).

The CRSA will also take into account other human rights instruments. The CRSA process will be organized in three phases. This is outlined below: Phase 1: Secondary Data Review Plan Myanmar CRSA coordination team will help in identifying secondary data for review (research, evaluations, previous CRSAs from different organizations, government policies etc.). The consultant will review them and organize using the eight UNCRC reporting clusters, with validation from technical advisors and the CSP Country Coordination Team as well as external key informants from UN agencies, INGOs, donors and the Government. Based on the clustering of information, primary data requirements will be identified. The Consultant will develop and pilot appropriate tools for primary data collection. Phase 2: Primary data collection and analysis Following the desk review, the consultant in close collaboration with Plan Myanmar will identify areas for which available secondary data is not sufficient or reliable enough to capture the full extent of the issues involved. This will include a strong focus on those groups who may be marginalized and excluded. Teams will be set up to conduct primary data collection in these areas, with tools developed prior by the consultant, who will also be responsible for orienting the teams and collating and analyzing the findings. In selected geographical areas this data will be collected by the Plan Myanmar staff and partners. The finding will also be organized within the UNCRC areas. Phase 3: Validation of analysis The consultant will bring together and analyse findings from the secondary data review and primary data collection and they will be presented in a validation workshop to confirm that the report provides an accurate basis for developing the strategy. Engaging staff The staffs of Plan Myanmar and partner organizations will be grouped as respective CRSA task forces and will be involved in the primary data collection. It is important that the process of CRSA will provide opportunities for learning, and bringing the staffs up to date on current thinking and

research on different aspects of child rights and can contribute to the development of a very useful report. 5. Deliverables from the Consultant

A detailed plan for undertaking the CRSA in line with the methodology broadly defined above.

Report on secondary data review, with identified gaps for primary data collection Tools and methodology for the CRSA, including primary data tools for children and

communities, as well as other stakeholders Orientation to staff (taskforces) on undertaking primary data collection Presentation of primary and secondary data review and draft report for validation Leading the validation workshop Producing a final report of no more than 30 pages without annexes which encapsulates:

1. Introduction, background, methodology/CRSA process 2. Country facts (descriptive) important as a background to understanding rights

progress: Geography, economy, environment, pollution, climate, demography,

security; Treaties ratified + reservations: international and regional Nature and status of national legal system/s, political system

3. Analysis of situation on UNCRC rights (eight clusters of articles) a. Articles establishing cross cutting principles systems, and institutions i. General Measures of Implementation ii. General Principles iii. Definition of the Child

b. Articles establishing Substantive Rights i. Education and Culture ii. Health and Welfare iii. Civil Rights and Freedoms iv. Special Protections v. Family Environment

4. Analysis of cross-cutting factors and actors a. Key factors important to the realization of rights (e.g., governance factors,

citizenship, investment in children, disaster preparedness, etc) b. Key actors in rights, nature of, and relationships between state, civil society

and private sectors and role of other key actors c. Key barriers to realizing children's rights

5. Recommendations to the country strategy process 6. References 7. Annexure (Data collection tools, case studies…)

6. Time frame

The CRSA is expected to take approximately 23 days starting from starting on 1st September 2014. The submission of the final report will be determined with the selected consultant.

New Proposed Activity timeframe New Dates Phase 1: Secondary Review, including meetings with key informants (7 days)

1st – 7th September

Design of tools and methodology, briefing teams) (3 days 8th – 10th September

Phase 2: Primary data collection (4 days)

11th - 14th September

Compilation and analysis of primary data (3 days) 15th – 17th September

Preparing the 1st Draft report, submission to Plan Myanmar (4 days)

By 21st September

Feedback from Plan and revision of draft report and preparation for workshop

22nd -23rd September

Phase 3: Validation of analysis (including workshop where external stakeholders are invited) – (2 days)

24th -25th

Finalise the draft report (2days) 26th – 27th September

Provision of final comments by Plan ARO (6days) 27th September – 2nd October

Final report (2 days) 5th October Total = 23 days 7. Management of consultancy The CRSA consultant shall directly report to the Country Programme Coordinator on a day-to-day basis. The consultant will work very closely with Programme Managers and other staffs as advised by the CSP Development Team in developing approach, design of tools, analysis of data and preparing the final report. 8. Required Competencies of the Consultants The consultant should have the following qualifications to effectively conduct the proposed tasks:

Advanced Degree. Degree in Social sciences and/or related field Previous professional experience in the area of child rights, child protection, human rights,

rights based approach to programming, preferably experience with preparation of a Child Rights Situation Analysis

Excellent knowledge of CRC, its principle and human rights standards and practices, international legal instruments, Convention on the Elimination of all Forms of

Discrimination Against Women (CEDAW), World Fit for Children (WFFC), and the Millennium Development Goals (MDGs)

Very good research capacity in the areas of social sciences, legislation and rights based development

Ability to design or recognize effective tools to use, as well as orient others on their use Ability to synthesize large amounts of information combining quantitative and qualitative

data Excellent knowledge on and understanding of the roles and functions of civil society in

various fields Knowledge of Myanmar context and good cooperation with and experience in working

with the Government and International organizations are desirable Excellent written English

9. Submission procedure: Interested consultants or firms should submit proposals to HR, Plan Myanmar via email before close of business by 22 August 2014. The application should include a cover letter, detailed methodology, draft work plan (including dates for sub mission of the first draft and final report), estimated budget (including number of work days and rate), CVs of those involved in the study and two references to: Myanmar.CO@plan-international.org Subject Line: Child Rights Situation Analysis Reference & background checks will be performed for successful candidates including clearances on child related offences in conformity with Plan’s Child Protection Policy. Only shortlisted candidates will be contacted. Plan reserves the right to reject any or all proposals and is not bound to any legal claim in this regard. Plan is an equal opportunity employer. Consultants must provide a statement within their proposal on how they will ensure ethics and child protection in the research process.