Consultant of Legal Execution Case

Background to the Project

In March 2020, ADRA Thailand and HRDF as co-applicant started a 36-month project entitled ‘CSO Development for the Promotion and Advancement of Migrant Rights (CSO DPAMR) Project funded by the European Union, which targets 2,500 migrant workers in Mae Sot, Thailand.

The proposed action is developed based on results of the ECMA project funded by the EU, where a number of CSOs and local authorities have been engaged in implementing the project. One of the key evidences showing the positive attitude of relevant stakeholders towards this action is their commitment provided in ECMA project evaluations stating to continue working and collaborating with ADRA Thailand on migrant issues. Moreover, ADRA Thailand conducted consultative meetings and discussion sessions with relevant stakeholders to seek advice and ensure the feasibility of this action. The activities designed under this action, in particular capacity building for CSOs on migrant rights and laws advocacy are considered important and it has to be continued because of limited number of organization working and investing in this area. Moreover, in view of networks’ members, the support to MRPWG and CBO meetings is seen very useful because it contributes to strengthen migrant rights advocacy platforms. Considering positive response from all relevant stakeholders and strong partnership, it will lead the action to achieve its goal in increasing socio-economic equality of vulnerable migrant workers. For more than a decade, HRDF, co-applicant to the proposed action, has actively promoted and protected human rights-particularly the rights of migrant workers in Thailand. Their legal program – Labour Law Clinic (LLC) in Mae Sot has assisted workers in accessing justice for their rights since 2006.  HRDF/LLC has established a close working relationship with CSOs and government agencies in Mae Sot. In this action, ADRA Thailand and HRDF’s capacity will work to complement each other.

Expected results and impacts of the action The overall objective of this action is to increase social and economic equality of marginalized and vulnerable migrant workers in Mae Sot and Phob Pra districts through strengthening capacity of local CSOs to effectively advocate for improvement in labour rights, human rights and working conditions of migrant workers. This proposed action is built up on the results of the ECMA project funded by the EU, where ADRA Thailand had developed a number of significant initiatives and it needs to be continued to create greater impact. Moreover, some needs and challenges will be addressed through a collective action to reduce the negative impact of such issues. In order to achieve the objectives, the proposed project is expected to produce the following outputs and results:

It is envisaged that these identified problems will be tackled through the “CSO Development for the Promotion and Advancement of Migrant Rights (CSO DPAMR)” project. The stated objective will be achieved by three expected results described below:

1. Improved awareness of and adherence to labour laws among target employers and migrant workers
2. Enhanced CSO capacity to engage in policy dialogue platforms and networks for migrant rights and
3. Strengthened collaboration between CSOs, local authorities, and private sector to bring about improved labour/human rights for migrant workers

Key Tasks of the Lead Consultant or Consulting Team

The individual consultant or the consulting team will undertake the following activities in order to provide legal representation to up 142 migrant workers (3 cases) in a legal execution case:

• Develop litigation strategies to assist migrant workers in Maesot to secure their fundamental labout rights and protections and benefits under the labour laws.
• Prepare legal documents for a legal execution.
• File a lawsuit to legal execution office of the labour court’s senction and represent workers as legal counsel in the legal execution process.
• Compile a report on the lawsuit for HRDF

Timeframe of the Consultancy

A total of 27 payable working days is planned for this consultancy:

• 2 days of developing litigation strategies and design work plan.
• 10 days of preparing legal documents.
• 5 days of preparing for court proceeding with clients in the field.
• 10 days of representing migrant workers in the court.

Products Expected from the Consultancy

The consultant (and team) will complete the lawsuit as legal counsel for the abovementioned migrant workers and provide HRDF with a case report for monitoring the progress of court case.

Background of the Consultant

• At least 10 years’ experience as a lawyer or legal consultant.
• Experience in working with migrant communities would be beneficial
• Experience in conducting labour protection cases.
• Consultant is preferred to be based in Mae Sot

Submission of Application

• Applications should be submitted no later than 19 February 2021.
• Applications in the English or Thai language, including i) a resume of not more than 3 pages; ii) a cover letter; iii) a brief proposal to describe how this consultancy will be carried out; iv) contact details of 2 references should be submitted by email to [email protected] and cc [email protected]
• Only shortlisted candidates will be contacted.