Vous êtes sur la page 1sur 9

1

REQUEST FOR PROPOSALS



A QUALITATIVE STUDY ON WOMENS ACCESS TO JUSTICE IN PAPUA, INDONESIA

UN Women is requesting for proposals from qualified research institutions to conduct a
qualitative study on Womens Access to Justice in Papua.


Guidelines for the Submission of Proposals

What is the format for the proposal?

Given the attached Terms of Reference, the proposal (7-10 pages) should contain, at minimum, the
following:

1. A brief technical proposal which includes:
An overall narrative description of the proposed conduct of a qualitative study on
womens access to justice in Papua which includes a methodology and research
framework based on the UN Women concept paper on Womens Access to Justice in
Southeast Asia (see Annex 2) and which should be adapted to the local Indonesia context
in Papua.

The overall description of the proposal should include the following points:

Background/ literature review on the national and local status of womens access to
justice in Indonesia;
Situational analysis of womens access to justice in the Papua context;
Research objectives and significance of conducting a qualitative study on womens
access to justice in Papua;
Proposed methodology of the study and capacity building with local partners who
are engaged in the research project;
Research team composition and professional background of team members;
Setting up a technical working group at the national level and at the Papua province
level to provide guidance on the research project (working group composition,
advisory mechanism, roles and responsibilities);
Data collection, analysis and report writing.

Partnership: the proposal should provide a detailed description of the different partners
needed to successfully implement the project and their roles.
A sustainability plan: the proposal shall explain how the research will be used for the
enhancement of policies and programmes on womens access to justice in the Papua
province.
A proposed work plan based on the general timeframe contained in the TOR

2. Budget proposal
A detailed fund allocation should be included in the budget proposal which indicate:

2

A results-based budget i.e. budget showing how much is required to achieve each
output.
The budget should include the costs required for the preparation of a certified financial
report annually and one audit report during the project;
The administrative/indirect cost should not exceed 10% of total budget.

Proposals must include Annexes (supporting documentation), such as publications, previous
annual reports and previous audit report.

3. Annexes:
Applicants must include Annexes (supporting documents) such as CVs of the working group
and research team members, organization brochure, previous research and publication
relevant to the assignment, and possible evaluations of the work done by their organization
when/if available.

4. Language:
The submitted proposal shall be written in English.


What criteria will be used for the selection of the organization /consultant team?
Organizations will be selected on the basis of technical (80%) and financial (20%) assessments.

The technical assessment (80%) will review the following:
Extent to which the proposal fulfills the requirements of the Call for Proposals (5%);
Clarity of the situation analysis, illustrating the current situation and identification of issues
in the project sites (20%);
Soundness of the strategy, proposed methodology and expected results against the issues
identified in the situation analysis (20%);
Illustrated knowledge on possible partnership and collaboration with key stakeholders,
namely: local government agencies, civil society organizations and/or research institutions in
the project site (20%);
Qualification of the team leader and team members of the research institutes and previous
related works on legal, legal anthropology, human rights, and gender issues (15%).

The financial assessment will review the efficient utilization of budget (20%) as follows:
Output-based budgeting;
Reasonable cost of implementation;
Administrative/indirect cost equal to or below 10% of total budget;
Inclusion of annual certified financial report and one audit report for the project period.


When is the proposal due?
The deadline for submission of proposals is COB Bangkok, Monday, 29 September 2014, GMT +7

TO APPLY: Interested Applicants are requested to submit the Technical Proposal, Financial
Proposal and Annexes in separate files to: cedaw.seap@unwomen.org
AND indonesia.registry@unwomen.org AND dian.heryasih@unwomen.org


3

Please secure your financial proposal file with a password which will be asked at a later stage once
the evaluation of the technical proposal is complete.


Interested research institutions are encouraged to form research teams from multi-sectoral
disciplines and to work in partnership with local universities/research institutions/NGOs in the
project site.

Incomplete document will not be considered for further assessment. Please note that only
selected institutions will be contacted.


Annexes:

1. ToR ( Term of Reference)
2. UN Women guidance concept paper on Access to Justice for Women in Plural Legal
system in Southeast Asia written by Ms. Evalyn Ursua
3. Project Logical Framework
4. Project Implementation Plan Framework
5. Project Workplan and Budget


4


Annex 1


A STUDY ON WOMENS ACCESS TO JUSTICE IN PAPUA


SERVICE: Research on Womens Access to Justice in Papua
COUNTRY: Indonesia, in the Papua province
CONTRACT
SUPERVISION:

Under the direct supervision of the National Programme Officer for
Governance, guidance from Country Programme Manager,a.i, and Human
Rights Specialist based in Bangkok.


1) BACKGROUND

The CEDAW Committee, in its 52
nd
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 these improvements, the reality for millions of women is that justice
remains out of reach.

Womens 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. This is especially true in cases of violence against women.

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.

Womens Access to Justice and Legal Pluralism

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 womens

5

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 womens human rights. There is growing evidence of the ways that
it creates barriers to womens rights. First, non-state justice system and plural formal law based on specific
interpretation of religious or ethnic identity sometimes contain provisions that discriminate against women. In
common with all justice systems, they tend to reflect the interests of the powerful, who have a greater say in shaping
and defining laws and values. Second, the practical complexity of legal pluralism can create barriers for womens
access to justice by for example, enabling the powerful to forum shop to gain legal advantage. Third, plural legal
systems defended on the basis of culture and religion can be resistant to reform in favour of womens rights.
There are three areas in which elements of discrimination against women exist within plural legal system. First, plural
family laws often contain unequal provisions for women and men. Second, customary and religious justice system
often do not have sanction against gender-based violence. And third, these legal systems are sometimes procedurally
biased against women. Patriarchal values are ingrained into plural legal systems, as generally they tend to be created
by men who are in fact 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 womens rights and some resistance often occurs on the
part of decision-makers. 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, and its connection to national laws, and international human rights laws.


The Papua context

Located at the most Eastern part of the Indonesian archipelago, the province is the countrys biggest land area but
inhabited only by 2.8 million people (less than 1% of the national population), 1.5 million of male and 1.3 million of
women. Papua is the richest province in Indonesia; it is a haven of natural resources, particularly for marine resources,
minerals and forests. It has 255 tribes with their own languages, the geography features vast land, coasts mountains,
swamp areas and the population is scattered throughout the island. Its vastness and remoteness, while having
protected its outstanding ecological and cultural diversity, are now perceived as the greatest challenges for
development.
Historically, Papua is a conflict area with strong military approach since 1963. Although the Indonesian government
has changed from time to time and the reformation era has been in effect since 1998, a strong security approach is
maintained in Papua as separatism is a long standing problem there. This is due to dissatisfaction over development
policies which have marginalized indigenous Papuans. In order to appease the indigenous Papuans, the Indonesian
Government introduced special autonomy since 2001 (LAW No.21/2001 on Papua Special Autonomy). This objective
of this law implemented by Indonesia Government was to speed up Papuan development and this remain the case
now. With the implementation of special autonomy the Indonesian government has allotted a special fund to boost
development and narrow the development gap with other provinces of Indonesia.
The special autonomy was given an open door to increase expansion of provinces, and districts which aim to make
public services closer to the people. Papua then divided into two provinces; Papua and West Papua, and more new
districts developed. However, the result is far from expected, the governments lack of supervision has knocked
special autonomy in Papua and West Papua off track, leaving residents in the midst of poverty and a conflict that is
seemingly never ending. Papua remains the lowest ranked of the Human Development Index (2008) among other
provinces of Indonesia, and the lowest province for its Gross Domestic Product (2013). In terms of health condition,
Ministry of Health on national AIDS Report in 2013 stated that Papua number of AIDS cases was 10,116, the highest in

6

Indonesia.
In the case of women, they do not receive the equal benefits of development in comparison to men. They are
underrepresented in decision making roles and suffer from HIV AIDS and maternal mortality. The National Population
Survey of 2010 reported that for every 100,000 of live birth, the maternal mortality rate reached 620 for Papua
province and 573 for West Papua, due to inadequate health facilities and medical personnel. Violence against women
is also a common human rights violation that occurs in Papua. The National Socio Economic Survey on Violence
Against Women and Children of 2006 revealed the Province had the highest prevalence of VAWC. The Womens
Rights Commission (Komnas Perempuan) on its Papua report covering the period 1963-2009, stated that VAW
occurred in various spheres including the home, communities and the wider public. Hence, it gives the impression
that a culture of violence in the province remains one of the challenges to overcome. Womens human rights remain
unprotected and unfulfilled. In the analysis of the findings, there are five main reasons for this situation: insufficient
sanctions to the perpetrators; discriminatory responses coming from the local custom to VAW; natural resource
conflict and exploitation that makes women prone to violence; states failure to provide a proper response to VAW
and revictimization of VAW survivors.
When violence against women occurs, women often do not seek justice for their case. The formal justice system
seems to be out of reach for some women, especially for women belonging to indigenous communities. The strong
notion of patriarchal culture, gender bias, limited knowledge of womens issues and abuse of power are the
conditions around the National justice system, which lead to discriminatory practices against women victims of
violence in achieving their rights to recovery, to truth and to justice. In a case of Papua there are local laws, tribal
laws, religious laws which also managed and rule the peoples particularly for the cases that pertain to the private
sphere such as marriage, inheritance, land, and family dispute. These cases predominantly effect women. Different
legal orders coexist and overlap, and in reality are often confusing and contradictory, and this results in multiple forms
of discrimination against women victims.

The states responsibility for ensuring compliance with human rights standards has to be extended to all justice
systems, including non-state legal systems that exist without formal state sanction, customary and religious systems
that are incorporated into the formal justice systems, as well as quasi- state mechanisms such as alternative dispute
resolution mechanisms. But in practice, as with all justice systems, elements of discrimination and barriers to
womens access to justice remain in many instances.


UN Women and Access to Justice Programme

Law reform and access to justice have been one of the focuses of UN Women (the United Nations Entity for Gender
Equality and the Empowerment of Women) working with various related stakeholders. In the Papua province, UN
Women has been working for several years supporting local governments and civil society to eliminate violence
against women and develop peace building mechanisms. UN Women is seeking an implementing partner to conduct
a qualitative study on womens access to justice in Papua. This research is expected to provide a deeper
understanding on womens access to justice in the Papua context; 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 womens
access to justice. Hence, the findings will be used to promote womens access to justice in development planning of
the justice sector and policy making in the Papua province. The research will also contribute to the UN Women
Regional research on Womens 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).



7




2) OBJECTIVES AND SCOPE OF WORK


This is a qualitative study on Womens Access to Justice in the Papua province which will be conducted in more than
one district in order to cover the different contexts and dynamics within Papua. Since Papua is a land with diverse
challenges, where military presence remains, natural resources exploitation occurs, and the implications of multi
national corporation power relation taking part in different geographies.

The assignment will specifically aim to:
Examine and evaluate womens access to justice in the plural legal system in Papua towards developing
strategies for enhancing womens access to justice. The research will be directed at answering two main
questions:
What does access to justice look like for women in the plural legal system in Papua?
How can an understanding of womens access to justice in the plural legal system be used to inform
strategies for enhancing womens access to justice?
The examination of womens access to justice in the plural legal system in Papua will cover state, non-state,
and quasi-state legal orders or justice mechanisms existing in well-defined communities, which are recognized
and accepted as the legitimate sources of law and authority for conducting legal ruling and dispute resolution
by members of the community, regardless of the legal orders relation to the state.
In answering the research questions a number of sub-questions have to be answered in order to cover
additional aspects of the barriers women face in accessing justice. Some of those questions are:
What is access to justice (according to women interviewed and different stakeholders involved in the
plural legal system of Papua)?
Are the state legal framework and justice chain gender-responsive?
What is law in non-state legal orders?
Which state and non-state justice mechanisms exist in the community? How do they function? How
are they linked, if at all?
The objectives and scope of the research have to be based on the UN Women guidance concept paper. Please see the
detail in Annex 2. Access to Justice for Women in Plural Legal system in Southeast Asia written by Ms. Evalyn Ursua

Scope of Work
The assignment involves the following activities:
1. Undertake womens access to justice research; data collection, analysis of the findings for international,
national and local justice sector, programme and policy making.
2. Conduct capacity building (training or workshop) of civil society organization/ research institution/
university as research partners organizations in Papua for an optimal conduct of the research.
3. Visual documentation of the research through making documentary film on Womens Access to Justice in
Papua. The proposal should contain the ethical protocol envisage by the applicant in the realization of this

8

film.

3) DURATION OF THE ASSIGNMENT, DUTY STATION AND EXPECTED PLACES OF TRAVEL



1. Duration of the assignment: October 2014 - October 2015 (12 months)
2. Duty station: Jakarta
3. Expected Places of travel: Papua Province


4) EXPECTED DELIVERABLES

1. Research proposal, work plan and budget to conduct the assignment

2. Conduct trainings/workshop/ capacity building of the field researchers (from civil society organizations and
government agencies) to be conducted in Papua

3. Quarterly update report of the implementation in the field

4. Final report of the assignment, consisting of:

Research Report: findings and analysis of the study, lessons learned from the study, capacity building
of local organizations in Papua, and recommendations and follow-up with the government,
international agencies and civil society organizations.
Final report of research programme which refers to Logical Framework Analysis

5. Production of a documentary film.

5) INDICATIVE SCHEDULE OF ACTIVITIES

2014 2015
No Activity
Month
10 11 12 1 2 3 4 5 6 7 8 9 10
1. Finalization of
Research proposal
and methodology of
the study
X
2 Capacity Building
implementing
partners in Papua
province
X X X
3 Data collection X X X X X
4. Data analysis and
report writing
X X X
5. Validation and
finalization
X X

9

6 First draft of report X
7. Seminar X
8. Final report
submission
X


7) DURATION OF ASSIGNMENT

12 months : October 2014 October 2015


8) QUALIFICATION

The research organization will have:

Minimum 10 years of experience in qualitative research, data analysis, and dissemination of knowledge in the
fields of womens rights, and or legal/human rights law and legal anthropology and or public policy and or
justice sectors.

Minimum 10 years of experience in developing research capacity building and providing training sessions to
local universities and/or non-governmental organizations (NGOs).

Proven network and experience working with universities in Papua, NGOs and Government.

For the team leader: Postgraduate/advanced degree in law/human rights, gender studies, legal anthropology,
sociology, and other relevant social sciences with 7 years or more research experience in qualitative research,
and engagement with civil society organizations.

For team members: Masters degree in law/human rights, legal anthropology, sociology, development
studies, gender/women studies and other relevant social science, with 5 years or more qualitative research
experience.

Language: the research team must be able to write and speak in both English and Bahasa Indonesia.