Background

In June 2019, at the Centenary Conference of the International Labour Organization (ILO), the Violence and Harassment Convention (No. 190) and its accompanying Recommendation (No. 206) were adopted. The global community has made it clear that violence and harassment in the world of work will not be tolerated and must end. These landmark instruments were developed by the world of work actors (representatives of governments, employers and workers), and set out a clear and common framework to prevent and address violence and harassment, based on an inclusive, integrated and gender-responsive approach.

The Convention recognizes that violence and harassment is unacceptable, and that everyone has the right to a world of work free from violence and harassment. It offers broad protection to a variety of individuals and applies to the public and private sectors, to the formal and informal economy, and in urban and rural areas. The Convention defines violence and harassment as “a range of unacceptable behaviours and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in or are likely to result in physical, psychological, sexual or economic harm, and includes gender-based violence and harassment.” [1]. Gender based violence and harassment is defined as violence and harassment directed at persons because of their sex or gender, or affecting persons of a particular sex or gender disproportionately, and includes sexual harassment. While gender-based violence and harassment can be directed at men or women, women and, in particular, young women are disproportionately affected because violence and harassment often stem from unequal power relations, and women and girls generally have lower status in society. Eliminating violence and harassment therefore requires a gender-responsive approach through actions that specifically address the gender dimensions of violence and harassment and tackle its underlying causes, including multiple and intersecting forms of discrimination, gender stereotypes and unequal gender-based power relations.

The Convention and the Recommendation are grounded on the adoption of an inclusive, integrated and gender-responsive approach to prevent and eliminate violence and harassment in the world of work. This envisages action on protection and prevention, enforcement and remedies, to guidance and training. In adopting such an approach, the Convention requires Members to recognize the different and complementary roles and functions of governments, and employers and workers and their respective organizations, taking into account the varying nature and extent of their respective responsibilities. The instruments further recognize that preventing and eliminating violence and harassment in the world of work requires Members to respect, promote and realize the fundamental principles and rights at work as well as promote decent work.

Violence and harassment has, in the past, often been dealt with in a fragmented manner, or treated as either an equality and non-discrimination issue or an occupational safety and health (OSH) issue. The Convention and Recommendation bring the various aspects together in an integrated manner, and call for violence and harassment to be prohibited, prevented and addressed in relevant law and policies as well as through collective bargaining.

Violence and harassment at the world of work diminishes women’s participation and advancement in the workplace and contributes to sex discrimination at work. The violence that women experience impacts employee performance and productivity at work. Sexual harassment in the workplace represents a cost to employers, negative impacts on the business’ image, productivity and workplace culture, loss of managerial time to investigate complaints and in particular, employee absenteeism and employee turnover.

While governments are responsible for ensuring that national legislation and institutional frameworks address violence against women and workplace violence, the workplace itself is recognized as a critical place to discuss violence, with a view to prevent it and help women experiencing violence. This supports women’s economic advancement and empowerment in the world of work, which in return contributes to ending violence against women. They can also contribute to preventing violence against women in general by promoting gender equality and by changing social norms that condone or tolerate such violence. ?Ending VAW in the workplace is a smart investment and can result in strong financial benefits for companies.4 Supporting survivors of VAW to stay in work by providing safe and supportive environments not only optimizes productivity and profitability, but also reduces recruitment and training costs for employers5.

The importance of creating a workplace that is safe and inclusive and free from violence against women aligns with the Women’s Empowerment Principles (WEPs)[2]. WEPs is a set of seven Principles for businesses that offer guidance on how to strengthen gender equality in the workplace, in the marketplace, and in the community. The WEPs are jointly developed by UN Women and UN Global Compact and seeking the commitments and concrete implementation by private corporations around the globe. Principle number three of WEPs emphasizes business' obligation to create healthy and safe working environments free of violence. Guaranteeing the health, safety, and well-being of all employees are integral to combatting discrimination in the corporation.

Country Context

Indonesia has ratified all eight ILO core labour standards. Following the adoption of a new International Labour Standard at the International Labour Conference (June 2019), the trade unions in Indonesia making alliances with women NGOs and other civil organizations push the Government to take action in ratifying Convention No.190  and issuing national legislations related to prevention of harassment and violence, including gender-based violence. Recently, ILO Jakarta conducted a legal analysis of the ILO conventionNo.190 and noted that Indonesia has established significant laws for the protection of its citizens. These laws include the Law on the Protection of the Child (2002) that cover the protection from violence and exploitation in workplace for the child, the Law on Manpower (2003), the Law on Anti Domestic Violence (2004), the Law on Victim and Witness Protection (2006), the Law on Anti Human Trafficking (2007), the Law on Anti Racial and Discrimination (2008), the Law on People with Disabilities (2016) and the Law on the Protection of Migrant Workers (2017). The various laws cover protection of people from different issues and yet, the laws put a broad picture of the attention of the government to protect citizens from different aspects of vulnerabilities.

In 2011, the Indonesian Government makes a breakthrough in regards to the issue of violence and harassment in the workplace. The Ministry of Manpower issued Minister of Manpower and Transmigration Circular Letter No. SE.03/MEN/IV/2011 on Guidelines for Prevention of Sexual Harassment in the Workplace. This circular is expected to provide guidance or as a reference for employers, workers, and agencies responsible for manpower affairs to prevent and deal with sexual harassment in the workplace. However, with the current development, it is necessary to update such guideline to be in line with the ILO Convention No.190 and ensuring that it covers not only sexual harassment but also other forms of violence and harassment at the workplace.

There have been a few studies on sexual harassment in the workplace in Indonesia. Better Work Indonesia and Tuft University conducted a study from 2011 to 2014 that looked at 70 Indonesian clothing companies. According to the study, up to 85.4 percent of female employees had been subjected to verbal, physical, or sexual harassment (CNV International 2015). Despite their employers providing a confidential grievance process, most victims are unwilling to report such instances[3]. Whereas from the employer’s side, there needs to improve policies and practices in preventing  violence before it happens and a more robust handling mechanism.

In this context, ILO and UN WOMEN in Indonesia are collaborating to provide technical assistance and support to the Ministry of Manpower and Ministry of Women Empowerment and Child Protection to develop a guideline and training manual on violence and harassment at the workplace. The guideline will give direction to the workers, employers, and responsible government officials in preventing and handling violence and harassment at the workplace. Moreover, the training manual could be used to build the capacity of the relevant officers and staff in the organization and/or company.

In light of the above, ILO and UN WOMEN are seeking national consultant to help in developing the guideline and training manual on violence and harassment at the workplace.

Objectives

The development of the guideline and training manual will have the following objectives:

1. Reference to employers, workers, and responsible institutions in preventing and effectively responding to violence and harassment especially at the workplace. Moreover, the guideline could be used by employers of all forms of enterprises in the public and private sectors, including ministries, central and local government agencies, state enterprises, NGOs, non-profit organizations, trade unions, employers’ organizations, academic institutions, public and private employment agencies, and professional training institutions.
2. Instrument to raise our awareness, education, and capacity building for relevant officers in the above-mentioned institutions in preventing and handling violence and harassment at the workplace.

[1] https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms_711570.pdf

[2] www.weps.org

[3] Study on the Application of Women’s Empowerment Principles in Top 50 Companies in Indonesia.

Duties and Responsibilities

Under the overall supervision of the UN Women’s WEA Country Programme Manager and ILO

Senior National Programme Officer, the consultant will undertake the following tasks:

Key Duties and Responsibilities:

• The consultant will develop the guidance and training manual that could be used by the targeted participants.
• The consultant will review existing guidance and policies related to violence and harassment at the workplace (such as the Minister of Manpower and Transmigration Circular Letter No. SE.03/MEN/IV/2011 on Guidelines for Prevention of Sexual Harassment in the Workplace and Employers’ Guide on preventing sexual harassment at the workplace).
• The consultant will examine and review relevant laws and regulation that could be included in the guideline.
• The consultant will also need to obtain information from a diverse range of selected ministries, departments, social partners, private sectors and civil society organisations to ensure that every opportunity to obtain the most up-to-date information has been explored.

1. CONTRACT PERIOD AND WORK LOCATION

The period of this consultancy is from October 2021 to March 2022 with possibility of extension to June 2022. This Consultancy is home based and does not require any travels.

1. EXPECTED DELIVERABLES

The consultant will work under the direct supervision of Programme Management Specialist, UN Women Indonesia.

Reporting Format

• For the draft Guide and Training Module

The Guide and Training Module, and its annexes, shall be submitted in English and Indonesia, and in MS Word format, including any graphs and tables made available.

• For the tripartite consultation or validation workshop

Powerpoint (PPT) presentation presenting the key findings and recommendations.

• For the pilot training

An agenda and training plan presenting the substance of the training and list of participants.

• For the final Guide and Training Module

The final Guide and Training, and its annexes, will be shared with relevant key stakeholders for comments and endorsement of the recommendations put forward.

Competencies

Core Values

• Respect for Diversity;
• Integrity;
• Professionalism.

Core Competencies

• Awareness and Sensitivity Regarding Gender Issues;
• Accountability;
• Creative Problem Solving;
• Effective Communication;
• Inclusive Collaboration;
• Stakeholder Engagement;
• Leading by Example.

Please visit this link for more information on UN Women’s Core Values and Competencies: http://www.unwomen.org/-/media/headquarters/attachments/sections/about%20us/employment/un-women-employment-values-and-competencies-definitions-en.pdf.

Functional Competencies

• Ability to conduct analysis regarding policy and guideline and modules development and advocacy;
• Good time management;
• Good writing skills, and able to identify target audience for written documents.
• Good interpersonal communication skills.

Required Skills and Experience

Education:

• Minimum Master’s degree in law, international development, social science or related field with minimum 10 years of relevant professional work experience in guideline and training module development and advocacy, with strong technical expertise in the area of the prevention and response to violence against women.

Knowledge and Skills:

• Strong technical expertise and work experience on policy development, module development, training design and delivery in the sphere of prevention and response to violence against women; specific experience in the area of the prevention violence and harassment in the world of work is an advantage.
• Experience and affinity working with various stakeholders such as the government, business coalition, research centre, and private sector and solid understanding/experience of gender-related workplace policies, especially in the area of violence and harassment prevention and response.

Language Skills:

• Fluency in oral and written Indonesian and English is required
• Excellent technical and analytical writing skills (to be assessed through writing sample)

SUBMISSION OF APPLICATION

Submission of package          

• Letter of Interest containing the statement on candidate’s experience in the field of recruitment.
• Updated CV.
• Writing sample (report, essays, articles).
• P11 including past experience in similar assignments; can be downloaded at https://asiapacific.unwomen.org/en/about-us/jobs.
• Financial proposal for each deliverables.

PAYMENT METHODS

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

OTHER

It is mandatory for any external collaborator traveling on behalf of the ILO office to adhere the security clearance procedures, including completion of the UNDSS online course 'Basic Security in the field" (BSITF), "Advance Security in the field" (ASITF) and  submission of travel details in the Travel Request information processing system (TRIP) to request and obtain a Security Clearance prior to the travel.  Instructions on how to access the UNDSS security courses and to request a security clearance through TRIPS will be provided.  Certificates for completion of both 'Basic Security in the Field" (BSITF) and "Advance Security in the Field" (ASITF) are required in processing the contract.

REFERENCE

• Convention concerning the elimination of violence and harassment in the world of work, 2019
• Recommendation concerning the elimination of violence and harassment in the world of work, 2019
• Resolution concerning the elimination of violence and harassment in the world of work
• ILO and UNWOMEN Handbook on addressing violence and harassment the world of work, https://www.ilo.org/wcmsp5/groups/public/---europe/---ro-geneva/---ilo-ankara/documents/publication/wcms_731370.pdf
• A guide to Convention No. 190 and Recommendation No.206, https://www.ilo.org/wcmsp5/groups/public/---dgreports/---gender/documents/publication/wcms_814507.pdf
• OSH and C 190, https://www.ilo.org/global/topics/safety-and-health-at-work/resources-library/publications/WCMS_751832/lang--en/index.htm
• EW@W – CAPACITY DEVELOPMENT PLATFORM (itcilo.org)
• Panduan pencegahan pelecehan seksual di tempat kerja, https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilo-jakarta/documents/publication/wcms_171328.pdf
• Panduan bagi para pemberi Kerja: Pencegahan dan penanganan pelecehan seksual di tempat Kerja, https://betterwork.org/wp-content/uploads/2017/09/7-L-GUIDE-2012-Pencegahan-Penanganan-Pelecehan-Seksual-di-Tempat-Kerja-APINDO-LG.pdf