UN Women Indonesia
is seeking for a National consultant to provide technical
inputs for Research on Women’s Access to Justice in Bali and Papua
Please
read the TOR below.
TERMS OF REFERENCE
Title:
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National Consultant to
provide technical inputs for Research on Women’s Access to Justice in Bali
and Papua
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Contract Period:
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1 August 2014 to 31 July 2015,
maximum of 50 working days
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Location:
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Home-based with three field
visits to Jayapura, Papua
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Supervision:
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Under overall guidance of the UN
Women Senior Gender Advisor and direct supervision of the UN Women National
Programme Officer for Governance
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The CEDAW Committee, in its 52nd
session in 2012, welcomed the Indonesian government for its improvement towards
achieving equality for women, particularly for the laws and regulations it has
adopted. For the legal sector and the formal justice sector in particular,
the Government, with support from international agencies, has invested strong
efforts in legal reform, building court rooms, and training
stakeholders working in the justice system, i.e. judges, prosecutors,
lawyers. However, despite those improvements, the reality for
millions of women is that justice remains out of reach.
Women’s access to justice is an
essential component to guarantee better protection for women and respect of
their human rights. Good functioning legal and justice systems can
provide a crucial mechanism for women to achieve their rights. Laws and justice
systems shape society, by providing accountability, by stopping the abuse of
power and by creating norms about what is acceptable and what is not
acceptable. Courts are the mechanism which promotes accountability of
individuals who have violated laws and which enables women to claim their
rights. However, it has been observed that some courts have been reluctant to
give justice to women on the grounds that their complaint was a private matter.
Where laws are missing or
discriminatory and the infrastructures of the justice system are not
functioning effectively, access to justice must mean more than simply
helping women to access existing justice systems. The rule of law is about the
existence of laws, but it is also about the implementation of these laws.
Also, in the context of legal pluralism, women experience further challenges
depending on which laws are applied in their situation.
Justice is often categorized as formal
and informal, state or non-state, and sometimes as semi-formal. It has been
noticed that a clear separation of these systems is usually not accurate
because in reality they coexist and overlap, and often in confusing and
contradictory ways.
The State responsibility for ensuring
compliance with international human rights standards extends to all justice
systems, including non-state legal systems that exist without formal state
recognition, customary and religious systems that are incorporated into the
state system, as well as quasi-state mechanisms such as alternative dispute
resolutions. However, in practice, as with all justice systems, elements of
discrimination and barriers to women’s access to justice remain in many
instances. Legal pluralism can enhance the choices for women in seeking
justice, but they can also create obstacles to the realization of women’s human
rights. As a plural legal system is based on religious and/ ethnic
interpretations, it sometimes contains provisions that discriminate against
women. Patriarchal values are ingrained into plural legal systems, as
generally they tend to be created by men who in fact are the individuals
in power in the community. In addition, plural legal systems
protected on the basis of culture and religion are difficult to reform in favor
of women’s rights and some resistance often occurs on the part of
decision-makers. Elements of discrimination against women are embedded in
plural legal systems and they often do not sanction acts of violence against
women. Hence, it is important to understand the functioning of plural
legal systems, how they often perpetuate discrimination against women, but at
the same time how they sometimes contribute to provide justice to women.
Law reform and access to justice have
been one of the focuses of UN Women’s (United Nations Entity for Gender
Equality and the Empowerment of Women) work in Indonesia. The UN Women office
in Indonesia is seeking the services of a national consultant to provide
technical guidance on a national research on Women’s Access to Justice in Bali
and Papua. The findings of this research will be used in a regional
research on Women’s Access to Justice in Plural Legal Systems focusing on eight
(8) countries of South East Asia (Indonesia, Philippines, Timor Leste, Vietnam,
Laos, Cambodia, Thailand and Myanmar). The purpose of this research will
be to identify how/if women access justice, through which system, which barriers
they are facing, the possible interaction between the uses of the different
legal systems, and to seek solutions through recommendations on the adoption of
laws and/or policies which will improve women’s access to justice.
The objectives of the consultancy are to provide overall guidance on how to conduct
research on women’s access to justice and to ensure high quality of two researches conducted by UN Women in
Indonesia. These researches will be conducted through the capacity building of research partners and provision of
substantive inputs
in compliance with the UN Women Project Document format and with a consultation
with the UN Women Indonesia Project Office. The final research drafts
will be reviewed and commented on by the UN Women Regional Office.
The consultant’s specific tasks and
expected deliverables include the following:
Tasks
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Expected Deliverables
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Approx. number of days
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Deadlines
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Women’s Access to Justice in Bali
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Written recommendation on research tools and adequacy of data collected,
and provide guidance on the structure of the report and analysis of data
collected.
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5 days
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31 August 2014
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Written recommendation on the final draft of the research
report.
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5 days
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20 September 2014
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Women‘s Access to Justice Research in
Papua
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Resource person on series of discussions to develop research
design
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3 days
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1st week of September, 2014
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Written recommendation on the research design
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2 days
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4th week of September, 2014
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Resource person of three capacity building sessions with the
Papua research team:
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15 days
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Oct – Nov 2014
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Written recomendation on the structure and
analysis
of the first draft of the research
report.
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10 days
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4th week of February 2015
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Written recommendation on final draft of research with
incorporation of inputs obtained during validation workshop.
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10 days
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1st Week of June 2015
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Total of working days
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50
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V. Inputs
- UN Women will provide the Consultant with background materials for analysis as well as will coordinate submission of required documents from implementing partners;
- The consultant expected to work closely with implementing partners who conduct Women’s Access to Justice Research;
- The consultant is expected to work remotely using her/his own computer, but may access the UN Women office for printing of relevant documents or should he/she be required to work on-site at any point during the assignment.
Consultant’s performance will be
evaluated based on: timeliness, responsibility, initiative, communication,
accuracy, and quality of the products delivered.
VII. Contract duration
and duty station
- The assignment is home-based. Preference will be given to consultants based in Jakarta, Indonesia. The contract duration is tentatively from 1 August 2014 to 31 July 2015 with a maximum of 50 working days (output based);
- UN Women will cover the costs of travel from the Consultant’s home to three project research sites in Jayapura Papua. (to be reimbursed upon submission of boarding pass and receipt), daily subsistence allowance (DSA) for Jakarta as per standard UN rate.
The
consultant should fulfill the following requirements:
Education
Master’s degree
in Human Rights Law, Gender, Anthropology, Sociology or relevant field.
Experience
- A minimum of 10 years professional experience working on women’s human rights-related issues, reviewing and/or drafting laws, working on rule of law issues
- A deep understanding of the functioning of plural legal systems in Indonesia, with a women’s human rights perspective
- Proven experience in supervising a research team which produced a final report containing quantitative and qualitative data of high standards
- Advance knowledge of International Human Rights Law and mechanisms, in particular international conventions and treaties relating to women’s human rights, such as the CEDAW Convention
- Advance knowledge on the Indonesian context, especially on issues related to women in making use of plural legal systems, national laws and women’s human rights
- Good knowledge of the work of the UN system in Indonesia is an advantage.
- Fluency in Bahasa Indonesia.
- Excellent communication skills (oral and written) in English.
- Ability to draft a complex analytical legal research.
- Excellent proven research skills.
Interested
candidates are requested to submit electronic application to: hr.bangkok@unwomen.org and dian.heryasih@unwomen.org
not later than Friday, 18th July 2014 at 17:00 GMT + 07:00 Jakarta
XI. Submission package - CV
- Financial proposal. The financial proposal shall specify a total lump sum amount breaking down a daily professional national fee. All applications must include (as an attachment) the CV and the financial proposal.
- Applications without financial proposal will be treated as incomplete and will not be considered for further assessment.
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