Research Consultant

Terms of Reference (ToR)

Position: Research Consultant

Project: 'Research on the causes and consequences of ethnic, religious, and other disparities prosecuted in Nepal’s quasi-judicial bodies, particularly in Some Public Offense (SPO) Act cases'

 Duration: 3 Months/ Mid-August through Mid-November, 2017

The Public Defender Society of Nepal (PDS-Nepal) is a Nepali nonprofit nongovernmental organization with a primary mission to ensure fair and effective access to justice, to develop a public defender system in Nepal, and to work to develop the efficiency and sustainability of a Nepal public defender system. PDS-Nepal was spun off from ILF-Nepal, a project of The International Legal Foundation on April 1, 2017.

PDS-Nepal upholds the human right to a fair trial and life and liberty, by defending poor, marginalized and vulnerable persons accused of criminal offenses, regardless of age, gender and ethnicity. It works to create lasting change in the criminal justice system of Nepal by intensively training and mentoring Nepali defense lawyers to become courageous, proactive advocates for their clients’ rights, while simultaneously working to educate justice sector stakeholders, reform the legal system, and strengthen the rights of the accused, with the ultimate goal of ensuring that every person suspected or accused of a crime in Nepal has access to effective legal representation. Its primary mission is to provide meaningful and effective criminal defense services to the poor and marginalized accused persons through seven offices in Kathmandu, Hetauda, Janakpur, Kanchanpur, Nepulgunj, Parsa and Rupandehi which are strategically located throughout Nepal to maximize cost-effectiveness as well as geographic reach. Over 70% of PDS-Nepal’s clients are members of marginalized groups, including Dalits, Janajati, Madhesi, and Muslims.

Objective:

• To develop a survey instrument to conduct an access to justice survey that will analyze the disparate treatment of marginalized minority communities within Nepal’s criminal justice system,
• To study the impact of the treatment of marginalized minority communities in Nepal’s justice system on their case outcomes and their perception of the fairness of the justice system,
• To examine discriminatory behavior in cases tried in quasi-judicial settings, such as SPO cases, and the perception of state officials and police towards the indigent accused,
• To provide recommendations to develop interventions that better target challenges and needs of poor and marginalized people accused of crimes by quasi-judicial bodies.

 Scope of work

In general, the research consultant will provide an overview of the treatment of marginalized minority communities in Nepal by the justice system with the goal to inform the discussion about how to create a more equitable criminal justice system that will treat all people fairly, regardless of their ethnicity, caste, gender, age or other characteristic. The consultant will lead the overall research process (with oversight and assistance from criminal legal aid experts at PDS-Nepal and the International Legal Foundation) from the sampling and questionnaire design to data analysis, interpretation and submission of final report.

 Methodology

The research consultant will work with closely with PDS-Nepal in the design and implementation of the survey. S/he will be supervised by the Training & Legal Director of PDS-Nepal and assisted by various ILF experts with experience conducting similar surveys around the world. S/he will study the 'Access to Justice Survey' conducted by ILF in 2014. The survey will be conducted in eight districts - Morang, Mahottari, Chitwan, Kathmandu, Lalitpur, Rupandehi, Bardiya and Kanchanpur. These districts have been chosen on the basis of their high populations and high crime rates. Moreover, PDS-Nepal is already active in these districts. Survey will be conducted with people in the community, former and current PDS-Nepal clients and with people in detention. The research consultant will work with community based organizations, courts and the police to execute the surveys. PDS-Nepal’s Deputy Director will facilitate the research team by communicating with relevant stakeholders in the field to organize consultation meetings with police, prosecutors, judges and other NGO’s and to gain permission to access to detainees.

 The total number of working days is estimated as 74 days (three full months of work @ 6 days/ week). More specifically, the research consultant is expected to be engaged in the following tasks: 

Desk review on law and justice in Nepal (approximately 5 working days):

The consultant will research and identify the necessary information and data relevant to the project, and as need to develop the survey and understand the issue, taking into account relevant laws and practice. 

Construct survey questionnaire and instrument (approximately 7 working days):

The consultant will lead the development of the questionnaire in collaboration with PDS-Nepal's Executive Director, Training & Legal Director and ILF experts. In 2014, during the 'Access to Justice' survey, a set of questionnaires was developed that was similarly subject to review and refinement. 

Oversee fieldwork at least in 2 districts (outside KTM Valley) minimum (approximately 10 working days):

The consultant will observe fieldwork in 2 districts (1 eastern and 1 western district) and provide feedback to PDS-Nepal for possible improvement both on the survey instrument, operation and quality control. 

Data analysis and interpretation (approximately 40 working days):

Based on the dataset collected from fieldwork by Research Associates and organized by Database Officer of PDS-Nepal with Data Entry Personnel, The consultant will work under supervision of ILF's experts on quantitative methodology, using the cleaned and certified dataset synthesized from fieldwork. In order to verify that relevant data is being appropriately collected and documented, the consultant may engage in regular calls with the Research Associates to debrief on interviews, information collected in the field.

Write up the research report (approximately 7 working days):

The consultant will develop a draft report of recommendations to the Government of Nepal for PDS-Nepal and ILF review. PDS-Nepal and the ILF will add to, modify or revise recommendations, as necessary.

Write up final research report (approximately 2 working days): The consultant will develop a final report with feedback from roundtable discussions incorporated in the draft report.

Join PDS-Nepal to present the research’s findings and recommendations (3 working day).

Duration of the assignment, duty station and expected places of travel

In line with the above-mentioned methodology, the research consultant will be contracted by PDS-Nepal for approximately 74 working daysfor this assignment (3 months/ @ 6 days week). Most of the time, s/he will work in Kathmandu, except for the time dedicatedto oversee fieldwork at least in 2 districts (outside KTM valley) and 3 feedback roundtables during the entire research process.The consultant is expected to complete this assignment by mid-November, 2017. Accordingly, the expert is expected to budget his/her time taken to ensure timely completion of the assignment in line with this TOR, and to the satisfaction of PDS-Nepal

RESPONSIBILITIES AND EXPECTED OUTPUTS

The research project, according to this TOR, and under the supervision of PDS-Nepal and the ILF, shall be undertaken in four (4) stages. At each stage, performance of the research consultant will be evaluated against the responsibilities and expected outputs set forth below.

Stage 1: Validation of the research’s concept, methodology, sampling and data collection approach

• Ensure evidence-based, objectivity, reliability and quality of the research’s outputs.
• Draft survey questionnaire and instrument submitted to PDS-Nepal and ILF for validation.

Stage 2: Fieldwork conducted for data collection

• Prior to the fieldwork, provide substantive inputs to sampling, draft survey instrument under the supervision of ILF's expert on quantitative methodology.
• During the fieldwork, the research consultant will oversee the fieldwork’s operation in 2 districts and report back to PDS-Nepal on lessons learned and suggestions to continue improve the survey instrument, operation and quality control.
• Throughout the fieldwork, the research consultant will regularly consult with the research associates to ensure the complete and accurate recording of relevant data.

Stage 3: Data analysis and interpretation of the primary findings and policy recommendations

• Data analysis and interpretation is under the supervision of PDS-Nepal’s Training & Legal Director and the ILF's experts and will submit a draft report for review

Stage 4: Research report finalization

• Incorporate feedback on draft report from 3 stakeholders and experts involved in roundtable discussions; and from PDS-Nepal and ILF experts for final report 

Indicative Timeline of the assignment

• The timeline for completing the assignment (from the desk review and development of the survey instrument to submission of the final report) will be three months.

Qualifications:

• Individuals who are interested in the assignment should meet the following requirements:
• Strong professional background (academic and experience) in relation to law or political science, public administration or related fields, including advanced degree and at least 5 years’ professional experience,
• Demonstrated track record in research or other writing on measurement and governance analysis on public and justice sector,
• Proven competence in using statistics software for data analysis, in particular, competence in using statistics software,
• Demonstrated expertise in law and local governance with emphasize on empirical study and participatory action research,
• In addition, interested experts shall include one sample publication with their submission.(PDS-Nepal)

How to Apply:

Submit your application letter and curriculum vitae to

HR Department

Public Defender Society of Nepal

Email: vacancy@pds-n.org