REQUEST FOR PROPOSALS: BURMA DONOR-ADVISED FUND 9 May 2013

Oak Foundations International Human Rights Programme is issuing a Request for Proposals (RFP) for the establishment of re-granting mechanism for Burma (Myanmar). The proposed mechanism, responsible for an initial budget of USD 2 million over three years, will identify and assess potential grantees, develop grant dockets for Oak approval, administer grant monitoring and reporting, distribute funds and, where appropriate, engage in capacity building. Interested organisations are invited to submit a Concept Note (5 pages max) outlining their interest and eligibility by TUESDAY 4 JUNE 2013.

1. Programme priorities Oak is a private philanthropic foundation that, through its human rights programme, supports individuals and organisations around the world seeking to, end impunity for gross violations of human rights, uphold fundamental guarantees in international law prohibiting arbitrary detention and torture and assuring due process guarantees, protect human rights defenders at risk and strengthen their capacity to be effective, multiply and amplify influential voices, especially from the Global South, on these priorities.

In 2010 Oak began a limited portfolio of Burma-related grants. Support was directed to human rights groups based mainly on the Thai-Burmese border and reflected its thematic priorities. The Foundation now seeks to expand engagement inside the country.

2. Burma Fund and Mechanism: background and focus After decades of military repression, a rapid process of reform in Myanmar is opening up important opportunities to support and strengthen the space for human rights activism. Given this period of formative transition, and despite major political, social and institutional challenges, Oak believes that there is great potential for a targeted, flexible docket of small-grants to have impact. Responding to government and civil society emphasis on Rule of Law reforms, Oak commissioned a scoping study to assess context and priority needs in consultation with local stakeholders. The study found that, despite the challenges, conditions in Myanmar are favourable for advancing rule of law reform through strategic funding of bottom- up, community-driven campaigns for human rights and justice. Key factors include, An upsurge of activism and popular demand for rights as the political opening continues, Government commitment to sustaining the reform process,

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Potential for rapid, tangible improvements, not least due to the low base from which rule of law reforms are proceeding.

While chronic institutional weaknesses (judiciary, bar, legal education) are poised to attract significant top-down international funding, a key unmet need is support for community-based lawyers, activists and other human rights defenders (HRDs) striving to access and animate the developing justice system. The call for locally-informed, strategically distributed small grants is illustrated by the continuing pattern of contested land confiscations for development/industrial projects. Emphasised by activists as a priority, these cases combine a critical nexus of civil, political, economic and social rights issues. Affected communities, activists and independent lawyers need support for essential capacity building to enable delivery of coordinated campaign approaches, including documentation, domestic advocacy and the pursuit of targeted legal cases. Given this context, scoping study recommendations and its thematic priorities, Oak envisages funding within four main areas (strands):

Training and Capacity-Building for emerging HRDs (including lawyers, activists and journalists)

Targeted legal education/training for lawyers, prosecutors, paralegals, the media, as well as ordinary communities facing abuses. Rather than provide abstract legal knowledge/materials, action workshops would: a) link human rights to relevant national and local laws, b) focus on case-study methods with local examples, c) require follow-up action from participants to demonstrate competence in the area of training, and d) target materials to different audiences, such as legal professionals, community-based HRDs, and journalists. Strategic Litigation and Advocacy Campaigns: based on effective documentation & information gathering

Support for documentation efforts by and emerging inside (and border) groups to underpin domestic legal cases and policy reform advocacy. Fees and other financial support extended to selected independent lawyers to pursue related, complementary legal cases, possibly including strategic constitutional challenges. Support for Emerging Networks engaged in rule of law and human rights.

After years of being prevented from gathering in groups, activists are eager to network and share strategies. This is especially important for lawyers/judges deprived of independent professional representation. With little or no funding or support, lawyers are already forming groups to fill the representation gap. There is potential for these emerging networks to play a leading role in human rights research, litigation, and advocacy. Torture rehabilitation

Though less directly linked to rule of law issues, this fourth strand reflects Oaks long-standing international work in this area and seeks to respond to the needs of many Burmese activists who have suffered torture and imprisonment. At present there is little practical support for torture victims despite widespread sympathy. Throughout the country, there is a pressing need not only for

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medical and psychological rehabilitation, but for a national forum to maintain prisoner networks around common concerns.

3. Eligibility Criteria Oak Foundation seeks proposals from organizations that can: Demonstrate experience and understanding of Burma, including the current political transition and the opportunities/challenges facing human rights activism and wider civil society development. Articulate a clear response to Oaks proposed funding strategy, identifying pros and cons as necessary, and outlining initial steps for implementation. Ideally show a strong record of grant-making to field organisations in developing countries, including the development and administration of grant portfolios, monitoring and evaluation of individual and collective grant impact and, ideally, experience of technical assistance to grantees. Demonstrate understanding of the legal, administrative and financial factors impacting grantmaking operations in Burma, and the resources (including international & local staffing, infrastructure and languages) needed for effective re-granting.

4. Partnership with Oak Over the past three years Oak has developed its institutional expertise on Burma. Through this initiative we seek to build that expertise and deploy it to maximum effect. To this end, the Burma Fund grant docket will be decided by a Committee led by Oak Trustees or their delegates, various Oak programme staff and possibly some external resources. The precise status and function of that Committee will be finalised to accommodate the legal/regulatory framework of the successful regranting candidate. Oak seeks to provide an initial grant of USD 2 million over three years (2014-2016) for the purpose of re-granting inside the country. The re-granter should develop a grant portfolio within the broad framework of Oaks programmatic priorities and four Burma grant-making areas. Grant dockets would be presented on a bi-annual basis. Over the course of time, the re-granter will be expected to develop specific organisational goals, and identify and monitor progress towards collective grantee strategic objectives and outcomes. In summary the re-granter, in conjunction with Oak programme staff, will be expected to, Develop a grant-making strategy, including benchmarks for success. Identify potential grantees and accept applications. Conduct due diligence. Recommend a docket of grants to the Oak Committee on a bi-annual basis. Effect all grant payments.

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Monitor and report on all grants. Routinely carry out site visits to assess potential and agreed grantees. Submit consolidated reports, both financial and programmatic, to the Oak Committee on the activities and progress of the initiative, including capacity-building activities as appropriate and feasible.

Overheads for administrative and other purposes should not exceed 25% of the total budget, subject to discussion on location costs and relative budget allocations for direct grant making and technical assistance purposes. 5. Proposal Process To be considered for the Burma Fund grant, please submit a Concept Note by Tuesday 4 June 2013. The Concept Note (5 page maximum), should include a brief organizational profile, including current location, financial resources, management and governance structure; outline the factors that serve to meet key eligibility criteria, and set out a concise vision for Burma grantmaking, responding as appropriate to Oaks four proposed strands. Candidates will be shortlisted and considered by Oak Trustees. On 17 June the lead candidates will be informed and invited to submit a full standard Oak application form. The completed application should be submitted by 5 July. Oak staff will proceed with due diligence and prepare a Recommendation for Trustees. The candidates, accompanied by programme staff, will present the proposal to Trustee Board Meeting in Geneva, Switzerland in the week of 7 October, with the final grant decision communicated by end of October.

To provide further information and respond to questions about the Burma Fund initiative or the proposal process, Oak staff plan to hold a discussion tele-conference on Friday 17 May at 15.00 (UK time) to which interested parties are warmly invited to phone-in. Please indicate your intention to participate to Sarah Gore-Booth (sarah.gore-booth@oakfnd.org), who will make the necessary teleconferencing arrangements.