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Consultant to Support Research, Policy Development, and Training to Improve Access to Justice for Survivors of Sexual Harassment at Work

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Country: Indonesia
Organization: American Bar Association
Closing date: 31 Aug 2023

Call for a Consultant.

American Bar Association - Rule of Law Initiative

Legal Reform Fund

Job Title

Consultant to Support Research, Policy Development, and Training to Improve Access to Justice for Survivors of Sexual Harassment at Work

Location

Home-based, Jakarta Special Province and other provinces (TBD)

Travel Requirements

Willingness to travel in country for research, in-person meetings, and trainings

Expected Start Date

Expected start date in September 2023

Closing Date

31 August 2023

About ABA ROLI:

For 30 years, the American Bar Association Rule of Law Initiative (ABA ROLI) has worked in more than 100 countries to strengthen legal institutions, support legal professionals, foster respect for human rights, and advance public understanding of the law and citizen rights. In collaboration with government agencies, the judiciary, lawyers, bar associations, legislatures, and civil society, we design programs that are responsive to local needs and that prioritize sustainable solutions to pressing rule of law challenges.

For more information on ABA ROLI, please visit: https://www.americanbar.org/advocacy/rule_of_law/about.html.

About the Legal Reform Fund:

Launched in 2021 and funded by the U.S. State Department Secretary’s Office of Global Women’s Issues (S/GWI), the Legal Reform Fund (LRF) program addresses barriers to women's full and effective participation in economic life. LRF approaches women's economic empowerment as an intersectional challenge, closely tied to other impediments to gender equality and focuses on five overlapping and intersectional pillars that affect women’s ability to fully and equitably participate in economic life: ability to own and manage property, ability to travel freely, access to legal and financial institutions, barriers to employment, and capacity to build credit.

From September 2021 to September 2022, ABA ROLI conducted an assessment of the enabling environment for women’s economic empowerment (WEE) in Indonesia. One of the priorities identified through the assessment is work to strengthen the government’s efforts to protect women against sexual harassment in the workplace by enhancing access to judicial institutions and legal protections.

With passage of the Law of Sexual Violence Crimes (Undang-Undang Tentang Tindak Pidana Kekerasan Seksual or UU TPKS), there has been increased attention among government and civil society actors on how this law can be implemented to increase protections for victims of sexual harassment in the workplace and access to justice. Surveys conducted in ILO (2022) and Komnas Perempuan (2019) in Indonesia show that high levels of female respondents, 70.93% and 76% respectively, have experienced some form of sexual harassment or violence at work. Reporting sexual harassment or violence creates further vulnerability for female employees who may already face difficulties based on their gender in the workplace. It has also been found that some Indonesian employers find that terminating contracts with victims is often easier or less costly than holding perpetrators accountable or implementing policies to prevent harassment. Access to justice in courts is also hindered by unclear legal protections for victims of workplace sexual harassment. This has led many women to avoid specific male-dominated degree programs or industries where they may face more harassment.

ABA ROLI’s assessment found a substantial information gap related to incidences of workplace sexual harassment in Indonesia. To support women’s access to justice in cases of workplace sexual harassment, it is necessary to first support the closing of this knowledge gap, particularly as it relates to institutional barriers that women face in accessing existing support mechanisms, how cases are currently being adjudicated, and to determine what legal guidance and training should be developed for legal professionals, including judges, to enhance access to justice and equitable outcomes for victims. It is also necessary to engage legislative and policymakers in the implementation of UU TPKS as policy and subsidiary legislation is developed, particularly at the provincial level.

Description of Consultancy

The Indonesian Supreme Court’s Judicial Reform Team Office (JRTO) has invited ABA ROLI to support affirmative programming on women’s access to justice by conducting research and developing a report on judicial outcomes for cases of workplace sexual harassment. JRTO serves as a working group that bridges and coordinates the work of civil society actors and of the Supreme Court to address barriers to justice. Outcomes of JRTO’s work with civil society actors has led to updated guidance for judges in Indonesia, as well as the issuance of Supreme Court regulations to clarify gaps in law and procedures.

Initially, the consultant will support the research to be conducted in partnership with the JRTO and the National Research and Innovation Agency (BRIN) and will lead the follow-on program activities in Indonesia in coordination with LRF Program Manager based in Indonesia and the U.S-based team composed of Senior Program Manager and Program Officer.

The core questions to be answered by the research include 1) in which sectors are most cases of sexual harassment being reported and adjudicated within the court system, 2) what laws are being applied in cases of workplace sexual harassment, and 3) how judges are basing their decisions.

Following the research and the development of a preliminary report on the findings, ABA ROLI will host roundtable discussions with key stakeholders to foster a stronger regulatory environment for protections against workplace sexual harassment. The roundtable discussions will incorporate both learning opportunities for participants, as well as provide an opportunity for stakeholders to share their own perspectives and recommendations for policy or legislative reform.

Outcomes from these discussions will be incorporated into a final report on recommendations for legal, policy, and legislative reforms and will be presented at a conference with justice sector actors, relevant government officials and civil society actors. The goal of this conference will be to share and review recommendations for legal and policy reform, advocacy, and trainings to enhance protections against workplace sexual harassment and promote more equitable access to justice for women. In addition, the final report will be used to support the development of training for legal professionals, judges, and relevant government and civil society partners.

Responsibilities and Key Deliverables

  • Work closely with ABA ROLI LRF team in Indonesia and Washington D.C and the Judicial Reform Office of the Supreme Court and BRIN research team to support a comprehensive study of barriers to justice and legal outcomes for victims of workplace sexual harassment and discrimination. Research will include data collection in selected regions.
  • Prepare a report on the findings of the research.
  • Lead round table discussions with key stakeholders to validate research and develop recommendations.
  • Prepare final report based on the outcome of discussions with key stakeholders.
  • Lead/moderate a conference to share findings and recommendations with key stakeholders, including justice sector actors, relevant government officials, and civil society actors.
  • Develop a guide and training materials for workplace sexual harassment cases to build the capacity of legal professionals, civil society organizations, unions, and private sector professionals.
  • Conduct at least three training of trainer sessions. Sessions will include action planning for follow-on step-down training courses.
  • Conduct follow-up meetings with TOT training participants and revise the training materials, as needed, based on feedback from step-down training courses.
  • Prepare final handover report and training materials to be submitted to the Supreme Court’s training bureau for their on-going use and dissemination.

Duration and Budget

The consultancy should be completed in no more than twelve (12) months, from September 2023 to August 2024.

The maximum budget for this consultancy is $20,000 USD. Please note that submissions will be evaluated based on relevant experience, as well as the competitiveness of proposed budgets.

Basic Qualifications

  • University degree in law, gender studies, development studies, or relevant majors from an accredited college or university.

  • Experience conducting research and evaluation.

  • Good understanding of UU TPKS (sexual violence criminal offenses law).

  • Demonstrated abilities in training, mentoring, and coaching individuals, and groups.

  • Experience developing training curriculum/modules for legal professionals.

  • Demonstrated abilities in training, mentoring, and coaching individuals, and groups.

  • Experience in developing policy briefs for legal institutions.

  • Good understanding of UU TPKS (sexual violence criminal offenses law).

  • Fluent in English, both oral and written.

  • Excellent writing ability (applicants encouraged but not required to provide sample work).

  • Experience working in a professional environment with people from diverse cultural backgrounds.

Preferred qualifications

  • Strong knowledge of the work and regulations of the Supreme Court.
  • Strong network with the police and/or Attorney General’s Office is a plus.
  • Strong understanding of gender, social inclusion and/or economic empowerment.
  • Experience working with legal professionals.
  • Previous work experience in a not-for-profit, association, and/or NGO setting.

How to apply

Interested and qualified individuals should submit their applications by email, including:

1. Cover Letter

2. Detailed Curriculum Vitae

3. Proposed budget

4. Optional: Writing sample

Please quote “LRF Consultant for Research, Policy Development, and Training to Improve Access to Justice for Survivors of Sexual Harassment at Work” in the subject line. Applications should be emailed to roliglobalprogramsdivision@americanbar.org no later than August 31, 2023.

The American Bar Association is an Equal Opportunity, Affirmative Action Employer of all protected classes including veterans and individuals with disabilities. Women, minorities, veterans, and individuals with disabilities are encouraged to apply. In compliance with the ADA Amendments Act (ADAAA), if you have a disability and would like to request an accommodation to apply for a position with the American Bar Association, please call 312-988-5188.


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