Search for Common Ground Indonesia
Terms of Reference
Policy & Legal Framework Analysis and Stakeholder Mapping
Search
for Common Ground (SFCG) Indonesia invites application from Competent
English Speaking Local Consulting firms, company, research institution,
university or think tank organization dealing with the freedom of
religion or belief to carry out “The Legal Framework Analysis and
Stakeholder Mapping. The consultant will map out the existing legal
framework, government policies and practices to assess the strengths,
weaknesses, and gaps in relationships to the international legal
framework on freedom of religion and belief along with mapping of key
stakeholders working in religious affairs in Indonesia.
The Organization
Search
for Common Ground (SFCG) is an international non-profit organization
that promotes the peaceful resolution of conflicts. SFCG’s mission is to
transform how individuals, organizations, and governments deal with
conflict - away from adversarial approaches and toward cooperative
solutions. SFCG seeks to help conflicting parties understand their
differences and act on their commonalities. SFCG implements projects
from 56 offices in 35 countries, including in Africa, Asia, Europe,
Latin America, the Middle East, and the United States.
SFCG
has established a program in Indonesia since 2002 and works conflict
transformation, peacebuilding, prison reform, conflict sensitive
journalism, initiatives with youth, media, government agencies, informal
religious leaders and women’s groups across the country.
Background
Throughout
its history, Indonesia has long been regarded as a country where people
from diverse religious and ethnic backgrounds can work together
cohesively to tackle some of the challenges that this nation has faced.
Despite constitutional guarantees for religious freedom, however,
violations of religious freedom are not only prevalent but also on the
rise.
SFCG
is implementing an 18 months project “Solidifying Religious Freedom in
Indonesia”. The project is funded by the Bureau of Democracy, Human
Rights and Labor (DRL) and will run through October 2017 to April 2019.
The overall goal of the project is to facilitate the process of ensuring
religious freedom or belief in Indonesia through collaborative
engagement of state and non-state actors. The project has three key objectives:
Objective 1: To
improve national and local government’s role in ensuring the protection
of religious minorities in exercising religious freedom.
Objective 2: To enhance the roles of key actors (religious leaders, artists, and media) in actively promoting religious tolerance.
The consultant will carry out the policy
assessment and analysis on local bylaws which are restrictive to
religious freedom and reinforces the discrimination targeted at
religious minorities. The
assessment will examine current religious freedom or belief laws of the
country against the Constitution of Indonesia and the international
agreements they are a signatory to. The
analysis should also identify the key violation of these rights and
propose suggestions to legal reform to overcome such contradictions.
The assessment will have the following objectives:
· To
review and analyze the legal frameworks, implementation in national and
sub-national government, violation against it and efforts from actor
and non-actors in ensuring the freedom of religion or belief in
Indonesia.
· To
identify key state and non-state stakeholders in the field of religious
freedom or belief and countering violent extremism; assess their scope,
competencies, activities around religious affairs, challenges and their
possible involvement in the project implementation.
· To
assess the knowledge and understanding of the youth and media on the
international, national and sub-national legal framework and its
practices related to freedom of religion or belief.
· To
research and recommend best practices on how media and social media
should be foreseen to protect and preserve religious freedom.
Methodology
The
analysis will apply a qualitative methodology to gather key data in
order to inform program implementation. The data collection tools
include literature review, policy analysis, legal document analysis
(national and international legal frameworks) and key informant
interviews (KIIs).
Document Review
Review
of existing legal documents, national programmes and strategies in the
field of religious freedom or belief and countering violent extremism
that applied in Indonesia as well as past research literatures dealing
with legal and policy provisions on religious freedom and its challenges
Interviews with key stakeholders
As
part of the exercise, the interviews should be conducted with key civil
society organizations (CSOs), including religious leaders, human rights
defenders (Komnas HAM, LBH, or paralegal) as well as the Ministry of
Religious Affair, legal experts, journalists, youth and key experts who
play a significant role in the religious space.
Key Questions guiding the analysis
- What are the prevailing legal frameworks, by-laws and policy documents concerning religious freedom and right to religion in Indonesia?
- What are the strengths and weaknesses of those legal frameworks?
- What are the local government level policies and by-laws affecting religious freedom and right to religion in the study locations?
- What are the challenges facing the implementation of legal frameworks on religious freedom in Indonesia?
- What they are past researchers on issues dealing with legal framework on religious freedom in Indonesia?
- What are the government institutions dealing with religious freedom, what is their scope of work and what are their strengths and weaknesses?
- What is the role of government in ensuring and guaranteeing religious freedom as stipulated by the constitution of Indonesia,
- What is the role of key non-state actors such as religious leaders, media, and artists in actively promoting religious freedom.
- Who are the major stakeholders working in the field of religious freedom in Indonesia? What is their scope of work? What are their areas of expertise within religious sphere? What are their strengths and weaknesses?
- What are their capacity building needs to enhance their effectiveness?
Key Duties of Consultant
1. Collect,
analyze, and document information related to freedom of religion or
belief in Indonesia and other assigned areas, gathering information from
NGOs, religious groups, and academics; and - monitoring national and international media
2. Develop
strategies and recommendations to encourage improvement in the status
of freedom of religion or belief in Indonesia, including making
recommendations for SFCG project implementation and government policy
and incorporation into national or sub-national policy.
3. Draft Policy Assessment and Stakeholder Mapping Report chapters and to ensure the accuracy and completeness of analysis.
4. Brief
SFCG’s program manager/implementer the strategy or efforts to promote
freedom of religion or belief, in Indonesia and project’s targeted
areas.
5. Provide
a “road map” to advocate religious freedom in national and sub-national
government that clearly mentions the role of religious leaders,
politicians, NGOs, human rights groups, and religious organizations.
Scope of Work
The scope of work of the Consultant(s) will include the following:
- Develop assessment instruments with SFCG input through a comprehensive inception report in English and Bahasa Indonesia.
- Carry out the literature review, document analysis, and interviews.
- Produce at least 20-page (excluding cover pages and annexes) report (in English) covering key findings, major conclusions, and recommendations in order to help inform the development of the program
Deliverables
Within
the consultancy period, the consultant is expected to complete the
above-mentioned scope of work. The deliverables are as follows:
1. Baseline assessment work plan and inception report completed
within first 7 days and consist of the assignment as agreed upon by the
program team. The inception report should have detailed methodological
approach and data collection tools to capture the questions in
mentioned in key baseline questions. The inception report and the data
collection tools/questions need a formal approval from Indonesia Country
Representative and Asia Regional DM&E Specialist before starting
the assessment process.
2. First Draft of baseline assessment report.
The report is subject to SFCG Indonesia and ILT’s Asia Regional
DM&E Specialist’s review. The review and feedback may be of multiple
rounds depending on the quality of the report. No final payment is
approved unless the report is technically approved by Institutional
Learning Team (ILT).
3. Final Legal framework analysis and stakeholder mapping Report: The report should be STRICTLY in English, at least 20 pages, and consist of:
- Table of contents;
- Executive summary That includes brief project introduction, methodological approach, key findings and recommendations (no more than 2-3 pages);
- Research findings, analysis, and conclusions. The findings section will have sub chapters to cover key baseline questions under each objective category.
- Recommendations SFCG, in general, and project team, in particular. Every single recommendation should be directly linked to assessment findings.
- Appendices, which include, research instruments, list of interviewees, bibliography, and consultant (s) brief biography;
- One electronic copy (in MS Word document) each in Russian and English.
The consultancy period will be from January 2nd to February 12th, 2018 (apr. 40 working days). The consultant should be based in Jakarta.
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Activities
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Deadline
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1
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Application Deadlines
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15 December 2017
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2
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Signing of the contract
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24 December 2017
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3
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Inception report approval
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7 January 2018
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4
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Documents review
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8 January 2018
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6
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Draft report submission
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30 January 2018
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7
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Final report submission
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10 February 2018
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Remuneration
The schedule of payment of the consultancy fee is as follows:
1. 50% will be paid upon approval of an implementation plan and Inception Report.
2.
50% will be paid upon completion and approval of the final report (in
English and Russian). No Payment (second installment) will be made
unless the report is approved by Country Representative/Senior Program
Manager Indonesia.
Supervision of the Consultant
The consultant will work under the Program Manager in collaboration with program staff and the Asia Regional DME Specialist.
Qualifications:
- Minimum 7 years applied experience in research or M&E in conflict or development programs;
- Strong legal and human rights background with strong legal vocabulary and terminology
- Candidates with a Law degree will be given priority.
- Proven track record of writing a high quality fully edited report in ENGLISH.
- Masters’ degree in conflict resolution, international relations, law, a related social science field or statistics;
- Proven quantitative and qualitative research skills (candidates should provide a copy of baseline/evaluation reports written in English);
- Work experience in Indonesia;
- Fluent in English and Bahasa Indonesia.
Application process:
Interested
candidates should send their CV, technical proposal, financial proposal
(detailing the cost calculations), and one sample of research or
baseline study led by the applicant and written in English to phandayani@sfcg.org before 15 December 2017.
Short-listed offer are contacted for further selection process.
Telephone calls and office visit for inquiries are not entertained. They
could be the basis for disqualification.
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