ThaiNGO

TERMS OF REFERENCE (TOR) for the Final Evaluation of the Program:

“Addressing Transboundary Pollution from Hongsa Coal Plant Operations Affecting Communities’ Health and Environment”

1. Introduction 

In the Mekong region, EarthRights supports communities affected by large-scale, harmful development projects while advancing policy advocacy to promote stronger standards that uphold human rights and environmental responsibilities. Its key activities include strengthening community capacity to understand and respond to these developments through training, mentorship, participatory research, advocacy, and legal support. EarthRights also supports communities to engage in legal and policy advocacy processes, including strategic litigation, engagement with decision-makers and accountability mechanisms, and advocacy with governments, companies, and financial institutions. At the same time, EarthRights amplifies community struggles in national and international forums and contributes to the development and implementation of laws, policies, and governance frameworks that protect communities and the environment from harmful development.

This TOR outlines the scope and approach for the final evaluation of the program “Addressing Transboundary Pollution from Lao Coal Plant Operations Affecting Communities’ Health and Environment” implemented by EarthRights and its partners. 

2. Background

From 2014, EarthRights and its partners, which include the ETOs Watch Coalition, the Chiang Mai University Faculty of Law Clinic, and Naresuan University,  have been supporting Thai and Laotian communities along the border affected by the Hongsa coal-fired power plant, through a strategic combination of capacity building, research, policy advocacy, and legal support. The overall goals were to pioneer and strengthen policy advocacy on transboundary pollution and Thai outbound investments through a strategic partnership with ETO Watch, support community action to mitigate impacts and generate evidence to influence decision-makers and seek accountability for transboundary harms.

The program delivered training on community rights, project impacts, stakeholder engagement, and advocacy strategies, enabling communities to better understand the impacts of the power plant and to take ownership of their campaigns. These efforts were complemented by community health impact assessments, participatory data collection, research and technical assessments of air pollution and ecological impacts, equipping communities with credible evidence to substantiate claims of negative impacts.

At the policy level, the program has contributed to bringing transboundary environmental and human rights concerns within Thailand’s public and institutional spaces. This includes advancing recognition of the impacts of Thai outbound investments—illustrated by the Hongsa case—while engaging regulatory bodies and advocating for stronger oversight mechanisms governing such investments. Evidence generated through community-led research and advocacy has informed submissions, policy dialogues, and engagement with relevant authorities, contributing to emerging frameworks, including the National Action Plan on Business and Human Rights (NAP), and to broader discussions on addressing transboundary harm.

Building on this foundation, in 2023, EarthRights supported the affected communities to file a complaint with the National Human Rights Commission of Thailand (NHRCT) against the actors operating the power plant. The complaint made use of documentation of impacts on health, livelihoods, and the environment, collected in collaboration with communities. This evidence-based advocacy contributed to the NHRCT’s investigation and the subsequent release of its 2026 report confirming that the company had caused transboundary pollution, significantly affecting both Lao and Thai communities along the border.

As EarthRights is now exiting direct support a final evaluation will be conducted to assess the outcomes achieved, EarthRights’ contribution to these changes, and the sustainability of results moving forward.

3. Evaluation Purpose, Scope and Objective

EarthRights conducts periodic evaluations to assess its achievements across its programs. This final evaluation will focus on identifying and validating key outcomes achieved over the course of the program, with particular attention to changes at the community level and progress in advancing rights-based advocacy and policy development around transboundary issues in Thailand.

The evaluation will be structured around two main areas. First, it will assess community-level outcomes in two affected communities along the Lao-Thai border. Second, it will examine policy-level outcomes in Thailand, focusing on shifts in policy dialogue, regulatory practices, and accountability mechanisms related to transboundary pollution and corporate responsibility.

It will also assess EarthRights’ contribution to these outcomes, recognizing the role of partners, key stakeholders, and broader contextual factors through a contribution analysis approach. In addition, it will examine the sustainability of results, particularly the extent to which communities are equipped, organized, and resourced to continue advocacy and accountability efforts beyond the closure of EarthRights’ program, despite ongoing risks and challenges.

Key questions:

1. What key changes have affected communities experienced as a result of the program activities?
2. To what extent has the program strengthened community capacity to monitor impacts, engage in advocacy, and pursue accountability related to transboundary pollution?
3. What policy, institutional, or public discourse changes related to transboundary pollution and Thai outbound investments can be linked to the advocacy and research efforts around the Hongsa case?
4. What contributions did EarthRights and its partners make to these community- and policy-level outcomes, alongside other influencing factors?
5. To what extent are the outcomes and advocacy efforts likely to be sustained beyond EarthRights’ direct involvement?

Findings will be shared with implementing teams, management, and donors to support reflection on lessons learned, inform future programming and advocacy strategies, and provide a clear and credible account of results achieved.

4. Evaluation Approach and Methodology

The evaluation will use primarily qualitative methods. Community-level outcomes will be assessed through focus group discussions (FGDs) and interviews with affected community members, using an outcome harvesting approach to identify and validate key changes resulting from the program, including unintended outcomes. FGDs may be conducted alongside the final planned activities related to dissemination of the NHRCT report findings with affected communities.

Policy-level outcomes will be assessed through key informant interviews (KIIs) with EarthRights staff, key partners, and relevant stakeholders, including, where feasible, representatives of institutions such as the National Human Rights Commission of Thailand (NHRCT).The evaluation will also include a desk review of relevant documentation, including research reports, advocacy materials, legal submissions, policy statements, and other case-related documents.

A contribution analysis approach will be used throughout the evaluation to assess EarthRights’ role in observed outcomes while considering the influence of external actors and contextual factors.

Sustainability will be assessed by examining the extent to which communities and local civil society partners will continue to utilize the knowledge, skills, and strategies for advocacy and accountability efforts beyond the closure of the program. It will also assess the extent of contribution of networks and partnerships in achieving observed outcomes and how these will, if at all, contribute to sustaining and building from outcomes of the program.

5. Activities, Roles and Timelines

6. Budget Assumptions

The total budget for the consultancy is USD 10,000, inclusive of consultant fees, travel, accommodation, translation, and other fieldwork-related costs.

7. Qualifications

• At least 8 years of proven experience conducting program evaluations, preferably of community-based, advocacy, or development programs.
• Experience with qualitative research methods, including interviews, focus group discussions, and outcome-oriented evaluation approaches; experience using the outcome harvesting approach and/or contribution analysis is a plus.
• Knowledge of policy analysis and advocacy evaluation is desirable.
• Strong skills in data collection, organization, analysis, and report writing
• Proficiency in both Thai and English, with strong translation and interpretation abilities.
• Experience working respectfully and effectively with rural communities.
• Strong organizational skills and ability to manage field logistics.
• Demonstrated familiarity with environmental and human rights issues in Thailand and Laos.
• Ability to work independently and meet agreed deadlines.

8. Supervision of the Consultant’s Work

The consultant will work under the direct supervision of the Mekong Monitoring, Evaluation, and Learning (MEL) Manager, in coordination with the Senior Global MEL Manager and the Mekong Campaign Director of EarthRights.

9. Deliverables

• Inception Report, including evaluation methodology, workplan, data collection tools, and evaluation matrix no later than 10 days after contract initiation. 
• Facilitation of FGDs and completion of interviews in June.
• Complete and organized qualitative data sets, including translated materials where applicable.
• Field notes and/or summaries from focus group discussions and key informant interviews.
• Draft Evaluation Report for review and feedback no later than end of July 2026
• Final Evaluation Report, including an executive summary and key findings.
• Presentation materials for validation and reflection meetings/workshops.

How to Apply

Please submit your application by 22 May 2026. The position is expected to start as soon as possible.

Interested applicants should submit their CV and a cover letter to chantawarang@earthrights.org and sahara@earthrights.org explaining their relevant experience and how their background and skills would contribute to successfully conducting the evaluation.