Human Rights Resources Centre for ASEAN, is seeking quotations and proposals from eligible firms for audio-visual documentary movies. Terms of reference for the activity is attached.
You are strongly encouraged to submit any comments or questions concerning this RFP by no later than December 7, 2012 by email to Rully Sandra at email@example.com cc Ismail at firstname.lastname@example.org.
Proposals are due in electronic copy on December 24, 2012 by 5:00 pm (Jakarta time).
The ratification of the ASEAN Charter in 2008 brought with it the historic commitment from ASEAN to establish an ASEAN human rights body. ASEAN has now fulfilled this promise by establishing the ASEAN Intergovernmental Commission on Human Rights (AICHR). The Humans Rights Resource Centre (HRRC) has been designed to complement the work of the AICHR and other ASEAN human right bodies, by providing an independent forum for regional experts to engage in research and capacity-building, as well as training and teaching that addresses human rights issues in ASEAN. While the HRRC will address the human rights issues identified by the AICHR, it will not be limited by the AICHR’s agenda. Its overarching goal is to develop regional networks of experts on human rights issues in ASEAN in order to promote a better understanding of human rights in the region.
The Rule of Law, in essence, in the principle of legal supremacy or that no one is above the law. The most important application of the rule of law is the principle that the authority of the ruler (government) is legitimately exercised in accordance with written, publicly disclosed laws adopted and enforced in accordance with prevailing procedural steps (due process). The principle is intended to be a safeguard against arbitrary governance, whether by a totalitarian leader or by mob rule. Thus, the rule of law is to safeguard the citizens against both dictatorship and anarchy. And other scholar stated that the idea of the rule of law is that all persons and authorities within the state, whether public or private, should be bound by an entitled to be benefit of laws publicly and prospectively formulated and publicly administrated by the courts.
The baseline study conducted by the HRRC reveals that as ASEAN moves towards deeper integration in areas of political-security, socio-cultural and economic cooperation, the conceptual framework of the central structural principles embodied in the term “rule of law” will be imperative. The study sought to illuminate paths towards achieving greater coherence across the region in conformity with the ASEAN’s commitment to the rule of law as essential to good governance, and for creating a rules-based community of shared values and norms.
The brief explanation on the definition and concept the rule of law above can dissected into the following four universal principles:
- The government and its officials and agents are accountable under the law;
- The laws are clear, publicized, stable, and fair, and protect fundamental rights, including the security of persons and property;
- The process by which the laws are enacted, administered, and enforced is accessible, fair and efficient;
- Access to justice is provided by competent, independent, and ethical adjudicators, attorneys or representatives, and judicial officers who are if sufficient number, have adequate resources, and reflect the makeup of the communities they serve.
Particularly for Indonesia and Cambodia, the rule of law practices in these two countries have its own particular nuances that will serve as interesting points of departure in learning the comparison between different Member State in the region.
Cambodia’s legal system suffered significant setbacks as a result of the Communist Party of Kampuchea’s policies during 1975 to 1979 period. In constructing the state of Democratic Kampuchea (DK), the CPK abolished virtually all institutions and laws existing under Cambodia’s previous regimes, including the courts. The UN Special Rapporteur for Human Rights in Cambodia (the SRHRC), Surya Subedi, in 2010 encapsulates the major issues surrounding the Cambodian Legal System by issuing the following statement: “A combination of a lack adequate resources and institutional shortcomings, a lack of full awareness of the relevant human rights standards, and external interference, financial or otherwise, in the work of judiciary, has resulted in an institution that does not command the confidence of people from many walks of life.”
As for Indonesia, the Indonesian legal system is based on the civil law system inherited from the Dutch colonial period, which relies heavily on codes and statues while court decisions are generally considered as references instead of as a source of laws as in the common law system. It is somewhat complex because it is the convergence of two distinct systems, namely: Dutch laws inherited from the colonization and Indonesia’s modern law influenced by different systems (including customary and religious laws) through development assistances and aid conditionalities. Indonesia faces challenges in the implementation of the rule of law principles, especially in reforming legal institutions that did not have procedures and mechanisms, such as recruitment and oversight mechanism, which promote independence and professionalism. There is also a high level of distrust at the community over law enforcement institutions due to cases of corruption and embezzlement, etc.
Looking at the complexities of the rule of law practices in these two countries, it is important for business actors to understand the issue and there should be an effective and credible means that is able to convey the urgency of it, for example through series of dialogues and documentation on the rule of law.
SCOPE OF SERVICES
- The project aims to produce audio-visual kit in a form of two documentary movies on the rule of law in Indonesia and Cambodia that shows opinion from different stakeholders as well as footages that could visualize the rule of law landscape in the country. These documentaries will start by describing the legal framework and institutions in the country and how these institutions interact with each other and with business actors. It will then developed into how the rule of law-related agencies view ASEAN integration, measures (or lack of) that have been undertaken to prepare themselves to embrace the integration and how relevant regional integration for them as well as business actors.
- These documentaries are going to be produced by one or two TV production companies that have experience in creating similar projects in the field of human rights and/or justice with the script approved and supervised by HRRC’s project coordinator and USAID-RDMA.
- The company is responsible to produce two 30-minutes documentary movie for each Indonesia and Cambodia. The company is responsible from the preparation until post-production stage. The material should be deemed adequate to be broadcasted at local TV.
- Link to local TV companies would be considered an added value.
SCOPE OF RESPONSIBILITY
- The producer should be professionally prepared for filming, production and editing. The producer should be fluent in English.
- All scripts, writing, subtitling or dubbing should be discussed with the Project Coordinator (Ms. Faith Suzzette Delos Reyes-Kong).
- The film maker will be expected to base their work in his/her facility and using his/her equipment.
- In addition, the film maker will be requested to participate in meetings with HRRC team to discuss the production of the video.
- Regular review sessions will be required to ensure that the documentary is meeting the underlined requirements.
ELIGIBILITY TO APPLY
- Offerors may apply for both countries, Indonesia and Cambodia, for this documentary making production.
PROJECT OUTCOMES AND TIMELINE
- Offerors will be expected to begin implementation of their proposed service immediately upon contract award (on/about January 2, 2013). Offerors should propose a reasonable timeline for completion of the work.
- Output: Two, 30-minute documentary movies with the theme of the rule of law in Indonesia and Cambodia and ASEAN integration.
- Timeline: Documentary making and Editing: February 2013 – April 2013
- Provide no less than 3 and no more than 5 completed or current projects where the offeror is delivering similar services, preferably PSA-related projects and/or USAID-funded project.
- The offeror shall provide a detailed costs information;
- The offeror may propose for documentary making project in one country or both;
- The offeror who proposes for two projects shall be able to prove that s/he meets all legal requirements (work permit, etc.) necessary in Indonesia and Cambodia;
- The cost will be assessed separately. Bidders will be shortlisted based on their technical and capabilities proposal.