UN Women: National Consultant to review study of Domestic Violence Law No.23 of 2004

TERMS OF REFERENCE

Title	National Consultant to review study of Domestic Violence Law No.23 of 2004
Location	Jakarta, Indonesia (Home based with travel to Jakarta, Indonesia)
Contract duration	31 July-30 October 2018
Contract Supervision	National Programme Officer for Governance, UN Women Indonesia.

I. BACKGROUND

UN Women, grounded in the vision of equality in the Charter of the United Nations, works for the elimination of discrimination against women and girls; the empowerment of women; and the achievement of equality between women and men as partners and beneficiaries of development, human rights, humanitarian action and peace and security.

Domestic Violence Law No.23 of 2004 has been implemented for 14 years in Indonesia. The law is aimed to protect everybody in the household to live a life free from violence as stipulated in the Constitution of the Republic of Indonesia.  The Domestic Violence Law provides the rules for punishing those who cause emotional or physical harm to others with whom they share a family or other close relationships.. It also deals with the civil protections available to victims of this type of harm.

In 2016 with the support from UN Women, Komnas Perempuan produced a Domestic Violence Law monitoring framework through a series of meetings and workshops.  The formulation of monitoring and evaluation tools involved the Ministry of Women Empowerment and Child Protection and related state agencies especially the duty bearers as mentioned in the Domestic Violence Law.  Monitoring and evaluation itself has had the purpose to look at effectiveness of the implementation of the law and the state obedience to the CEDAW (Convention on the Elimination of All Forms of Discrimination against Women and Girls).

Through monitoring and evaluation carried out by MOWECP, Komnas Perempuan, and the Service Provider Forum (FPL) it was concluded that the increase of reported cases was not followed by quality improvement in terms of law enforcement and service capacity for victims of domestic violence. Victims of domestic violence experienced various obstacles to access justice through legal paths, such as difficulties to report their case or not receive a positive response from Law Enforcement Officials. Further, the monitoring and evaluation conducted found that a lack of a gender perspective among law enforcers in implementing this law was often used by perpetrators to criminalize women victims. Several complaints of violence against women received by Komnas Perempuan, and FPL indicate that in some cases women victims of domestic violence are the ones who are  suspect, defendant or sometimes even convicted.

The year 2018 is the 14th year of the enactment of Indonesian Domestic Violence Law and MOWECP, Komnas Perempuan and UN Women conducted a study about its implementation.. The study aims to provide comprehensive analysis of the root causes and the barriers that emerge continuously and remain unsolved in the implementation of Law No.23. Further, it looks at the barriers and gap between regulations and implementation that need interventions in various government policies and programs. The result of the study will be a joint program of MOWECP and Komnas Perempuan.  The draft of the study has been completed early this year. The draft needs to be reviewed and finalized by integrating input from MOWECP and Komnas Perempuan.

This TOR is a provision to seek a national consultant to review and provide a final paper of the study of Domestic Violence Law No.23 of 2004.

II. OBJECTIVE OF THE ASSIGNMENT

The main objective of this consultancy is to review the current draft and provide a final paper on the Domestic Violence Law No.23 of 2004 implementation in Indonesia.

III. SCOPE OF WORK, SPECIFIC TASKS AND RESPONSIBILITIES

Under direct supervision of the National Programme Officer for Governance, the Consultant will carry out the following tasks:

1.       Review the current documentation and provide a final draft of the study about the implementation of the Domestic Violence Law No.23 of 2004

2.       Commission discussion with the Ministry of Women Empowerment and Child Protection, Komnas Perempuan, Service Providers, and UN Women to strengthen the analysis of the findings of the study.

3.       Provide comprehensive legal and gender justice analysis of the current documentation of Domestic Violence Law No.23 of 2004.

IV. EXPECTED DELIVERABLES

No	Tasks and Deliverables	Target and Dates
1	Draft of the study	10 August 2018
2	Final study report and a report on technical assistance provided to MOWECP and Komnas Perempuan	15 September 2018

V. DURATION OF ASSIGNMENT AND DUTY STATION

The time required for the consultancy is 31 July – 30 October 2018.

Duty station: Home based with travel to Jakarta (maximum 3 times) during the period of consultancy.

VI. CONTRACT SUPERVISION 

The consultant will work under direct supervision of the National Programme Officer for Governance, UN Women Indonesia who will be responsible for the quality assurance of the deliverables.

VII. FINAL PRODUCT AND DELIVERABLES/ SCHEDULE OF PAYMENT

High quality of final draft of the study on implementation of the Domestic Violence Law No.23.The final product of this assignment will be in Bahasa Indonesia. A two-page summary in English is also required.

VIII. COMPETENCIES

Essential knowledge and experiences:

·       An excellent understanding of issues on violence against women and girls particularly from the stand point of gender justice.

·       Hands on experience in monitoring and evaluation for violence against women and girls using Domestic Violence Law No.23 of 2004 as the regulatory foundation.

Required Qualification

·       Hold minimum master’s degree in law, human rights law, gender studies, or any related field.

·       At least 7years of relevant experience in legal matters and gender justice.

Language and Report Writing Skills

·       Demonstrated excellent academic writing.

·       Excellent written and spoken English and Bahasa Indonesia..

VII. EVALUATION

Applications will be evaluated based on the cumulative analysis.

·       Technical Qualification (100 points) weight; [70%]

·       Financial Proposal (100 points) weight; [30%]

A two-stage procedure is utilised in evaluating the applications, with evaluation of the technical application being completed prior to any price proposal being compared. Only the price proposal of the candidates who passed the minimum technical score of 70% of the obtainable score of 100 points in the technical qualification evaluation will be evaluated.

Technical qualification evaluation criteria:

Technical Evaluation Criteria	Obtainable Score
A)      Education	10 %
B)      Essential knowledge and experience	60 %
C)      Language and report writing skills	30 %
Total Obtainable Score	100 %

Only the candidates who have attained a minimum of 70% of total points will be considered as technically qualified candidates who may be contacted for validation interview.

Financial/Price Proposal evaluation:

·       Only the financial proposal of candidates who have attained a minimum of 70% score in the technical evaluation will be considered and evaluated.

·       The total number of points allocated for the price component is 100.

·       The maximum number of points will be allotted to the lowest price proposal that is opened/ evaluated and compared among those qualified technical candidates who have attained a minimum of 70% score in the technical evaluation. All other price proposals will receive points in inverse proportion to the lowest price.

VIII. SUBMISSION OF APLICATION 

Interested candidates are encouraged to submit an electronic application to hr.bangkok@unwomen.org  with cc to dian.heryasih@unwomen.org  Not later than Friday, 27 July 2018 COB.

Submission package includes:

1. Updated CV

2. Personal History Form(P11)

3. Narrative and Financial proposal based on each deliverable including timeline.

Remark : Travel to Jakarta and related expenses will be financially covered by UN Women.

IX. PAYMENTS

Payments for this consultancy will be based on the achievement of each deliverable and certification that each has been satisfactorily completed.