19 November 2015

TOR External Evaluation of JSMP's Improving Justice Outcomes for Women in Timor-Leste

ETLJB 19/11/2015- 1.   Project Background

Improving Justice Outcomes for Women of Timor Leste is a three year project funded by the Norwegian Embassy in Jakarta and implemented by the Women’s and Child Justice Unit (WCJU) of the Judicial System Monitoring Programme (JSMP). The goal of the project is to promote the development of a justice system in Timor-Leste that addresses the rights of women and is understood and easily accessed by female victims. The objectives of the project are to:

·         Strengthen legal protection for women in cases of gender based violence

·         Enhance women’s understanding of the formal justice system

·         Increase participation of women as justice sector actors.

The project commenced in November 2012 and will finish in November 2015. JSMP will conduct a final independent review of the project at its conclusion to assess the effectiveness of the project in meeting these objectives, lessons learned and to identify areas for improvement in the design of future interventions in this area.

2.   Independent evaluation

The objectives of this evaluation are to:

    Assess the effectiveness of the project activities in achieving the project objectives.
    Assess the efficiency and effectiveness of activities undertaken by JSMP between November 2012 and November 2015 to achieve the project objectives.
    Identify lessons learned and areas for improvement.

The evaluation will be used by JSMP and the Norwegian Embassy in Jakarta to assess the success of the project and inform the design of future interventions in the area of women and justice in Timor-Leste.

a.   Evaluation methodology

The evaluation will use both quantitative and qualitative methods to evaluate the impact and effectiveness of project between November 2012 and November 2015. The evaluation should address the following key questions:

a.    To what extent did the project achieve the stated project objectives?

b.    What has been the impact of the project activities?

c.    Are the achievements made by the project sustainable?

d.    Were outputs delivered according to the workplan?

e.    Were activities managed to maximise results within the resources available?

f.     Was the project managed appropriately and timely decisions made to support effective implementation?

g.    What were the main challenges to achieving the project objectives and how were these addressed?

h.    What changes could JSMP make in order to make its activities more relevant and more effective in this area?

i.      What lessons can be learned by JSMP from this project?

The consultant undertaking the evaluation will determine the specific design and methods for the evaluation, however the following is suggested:

·         Desktop review of project documents (project documents, financial reports, progress reports, monitoring statistics and previous evaluation reports).

·         Desktop review of project publications.

·         Consultation with JSMP-WCJU team on methodology and workplan.

·         Interviews with JSMP staff.

·         Interviews with key stakeholders and partners in Dili.

·         District field trips to interview beneficiaries of workshops and outreach activities.

JSMP will provide all documents for the desktop review and a list of key stakeholders and partners for the project. JSMP will also assist the consultant in identifying beneficiaries in the districts.

b.   Evaluation outputs

The consultant will produce the following outputs:

    Draft evaluation report in English that explains:
        Methodology used in conducting the evaluation
        Statements against the key questions identified above
        Assessment of the project and lessons learned, and
        List of people interviewed and data analysed.
    Evaluation briefing for JSMP summarising the findings and seeking feedback from staff.
    Final evaluation report.

c.   Timeframe for the evaluation

The consultant will be engaged for a total of 20 days in December 2015.

Desk review and preparation of evaluation design

4 days

Stakeholder meetings, interviews, field visits

7 days

Preparation of draft report

5 days

Evaluation briefing for JSMP

1 day

Finalise and submit report

3 days

d.   Budget for evaluation

The consultant will be paid a total of $3000. JSMP will not reimburse for travel to Dili to undertake the consultancy or accommodation and meals within Dili.

With the provision of receipts, JSMP will reimburse funds for accommodation and food for any travel to the districts outside of Dili at a maximum rate of $40 per day. JSMP will provide transport and other logistical support for district travel as required.

The consultant must have the following qualifications and experience:

·         A university degree in a relevant discipline (law, social science, international development)

·         Previous experience in evaluating development programs in the area of justice, human rights or governance

·         Demonstrated understanding of evaluation tools, methodology and reporting

·         Excellent analytical, communication and report writing skills

It is highly desirable for the consultant to have the following skills:

·         Fluent in Tetum and/or Indonesian

·         Demonstrated understanding of the justice sector in Timor-Leste

·         Previous work experience in Timor-Leste
4.   application AND CONTACT DETAILS

A two page statement addressing the required qualifications and experience with a current CV must be submitted by email to JSMP’s International Legal Advisor at tori@jsmp.minihub.org by 27 November 2012.

All questions regarding this TOR can be directed to:

Tori Marshall
Legal Advisor
Judicial System Monitoring Programme
Phone: 77425186

Organisational overview

JSMP was established in 2001 in Dili, Timor-Leste to monitor the Ad Hoc Human Rights Tribunal in Indonesia and the Special Panels for Serious Crimes in Timor-Leste. JSMP now exists as a Timorese led not-for-profit organisation working to improve the justice system in Timor-Leste through independent monitoring, analysis, advocacy and community education. JSMP’s goal is a justice system where the rights of all citizens are respected and protected in accordance with international human rights standards.

JSMP monitors trial processes in all four district courts and the Court of Appeal and reports on developments in the formal justice system. Based on its monitoring activities JSMP publishes thematic reports, including an annual report on the state of the justice sector, justice updates, press releases, case summaries and analysis of draft legislation. JSMP also provides training to increase the understanding and awareness of the community, justice sector actors, police, women’s groups, local authorities, local councils, students and journalists about human rights, justice and the law. In 2014 JSMP:

·         monitored 977 court cases across Timor-Leste

·         conducted training workshops in 11 districts, reaching 31 villages and a total of 940 participants – 423 men and 517 women

    produced several television programs broadcast on the national channel RTTL and radio programs broadcast nationally and on community radio.

·         produced a detailed submission to National Parliament on recommended amendments to the Penal Code to better address issues affecting women and children and has been following that submission with strategic advocacy.

JSMP’s vision is to be the foremost independent organisation in Timor-Leste contributing to the development and improvement of the justice system through objective monitoring, analysis, advocacy and training.

JSMP employs 30 national staff and 1 international staff. This includes a Finance and Management Unit as well as four program units: Legal Research Unit, Women’s and Child Justice Unit, Outreach Unit and the Parliament Watch Project.

JSMP is a member of Forum Asia  and ASEAN National Human Rights Institution (ANNI). Being a member of Forum Asia, JSMP has been actively involved in discussions and seminars discussing human rights issues in the region. JSMP has also produced regular annual reports on the performance of the National Human Rights Institution in Timor-Leste. JSMP is also a member of the International Centre for Transitional Justice.JSMP is also a member of a number of formal and informal networks within Timor-Leste.  These include:

·         Technical Working Group on the National Action Plan for Gender Based Violence (NAP-GBV),

·         Law Against Domestic Violence Working Group,

·         National referral networks for child protection, protection of women and human trafficking,

·         National Alliance for an International Tribunal,

·         Shadow Working Group on CEDAW,

·         Working Group on the Implementation of Security Council Resolution 1325,

·         Rede ba Rai – Network for land issues.

JSMP also works together with other civil society organisations in Timor-Leste to advocate on important issues affecting the law and justice system. For example, JSMP recently collaborated with ALFeLa (Women and Children’s Legal Aid organisation) to produce a detailed submission to National Parliament on recommended amendments to the Penal Code to better protect women and children.
Women’s Justice Unit overview

WJU was formed in 2004 following a 2003 JSMP report identifying significant barriers affecting women’s access to justice. WJU comprises a Unit Coordinator, three Legal Officers, an Outreach Officer.

WJU’s mandate is to improve women’s access to the formal justice system in Timor-Leste. It has experience in legal analysis, court monitoring, advocacy, public education and training. Since its establishment WJU has undertaken the following activities:

    Analysed legislation, including the Timor-Leste Penal Code (2014, 2009), Law for the Protection of Witnesses (2009) and Law Against Domestic Violence (2010). WJU advocated with other civil society organisations for the passage of the Law Against Domestic Violence and continues to support implementation of this law.
    Monitored gender-based violence (GBV) cases in all four District Courts (Dili, Baucau, Suai and Oe‑Cusse) to assess the implementation of the Penal Code and Law Against Domestic Violence. Findings have formed the basis of a number of reports and regular press releases which have been used as advocacy tools to improve implementation of the law.
    Published a number of substantive reports on women and justice in Timor-Leste, including on the interpretation of article 125 of the Penal Code in domestic violence cases and the significant problem of incest in Timor-Leste.
    Disseminated information to communities to raise awareness about GBV, domestic violence, women’s access to justice and women as justice sector actors. Methods have include flyers, brochures, t-shirts, bags, newsletters, radio and TV programs.
    Trained police, high school and university students, local leaders, health professionals and women community members on women’s rights and the domestic legal system, focusing specifically on freedom from violence.

WJU is widely regarded by government, civil society and communities as a reliable and impartial source of information on women and justice in Timor-Leste. It collaborates extensively with other national and international organisations working in the area of women’s rights. Specifically, WJU is a member of the Domestic Violence Working Group, CEDAW Shadow Report Working Group, Referral Pathway Working Group, Children’s Protection Cluster and Coalition for Child Rights.

In 2009 the UN presented JSMP with the Promotion of Gender Equality and Women’s Empowerment award in recognition of WJU’s contributions to promote women’s access to justice in Timor-Leste.

Women and Justice in Timor-Leste

Timor-Leste is a post-conflict nation that is one of the least developed countries in the world. It is ranked 128 on the UN Human Development Index and a 2010 UNDP assessment found that it is off track to achieve most of the MDGs.[1] It continues to face challenges such as weak rule of law, weak state institutions and high levels of gender-based violence (GBV). More than one-third (38.1%) of women in Timor-Leste have experienced physical violence since the age of 15. This figure varies across districts, and is as high as 75.6% in the district of Manufahi.[2] Spousal or intimate partner violence is the most common form of violence against women in Timor-Leste with 34% of married women experiencing physical violence from their partner.[3]

Women and girls face significant obstacles to accessing justice in Timor-Leste. Barriers include limited understanding of the law and legal system,[4] economic dependence on family, physical access to the courts and police and cultural norms. Many women continue to be unaware of their rights under domestic and international law, and crimes against women that take place within the home are often seen as family matters rather than criminal acts. Even when women recognise domestic violence and sexual assault as a crime, they often do not know how to access the formal justice system or how the judicial system operates. As a result, there continues to be reliance on customary justice mechanisms to resolve GBV crimes. Customary justice in Timor-Leste strives for familial and community harmony but often clashes with the law and human rights norms.

The formal justice system is itself still weak and does not adequately protect the rights of women and girls. At all levels of the justice system there is limited understanding of a human rights based approach and a lack of gender-sensitivity. This very often leads to poor outcomes for women seeking protection from the formal justice system. While this situation has improved, significant challenges remain. These include a reluctance by the courts to apply measures to protect women victims and other potentially affected parties such as witnesses in GBV cases; misinterpretation of the law; extensive procedural delays leading to loss of evidence and prolonged trauma for the victim; and lenient and inappropriate sentencing of perpetrators of GBV. These limitations contribute to a widespread lack of confidence in the formal justice sector by women.

While Timor-Leste acceded to the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) in 2002, there is also inadequate consideration of gender equality and women’s human rights in legislative development. Laws are often passed with minimal debate or analysis of impact on women, children and other vulnerable groups. The issue of gender inequality extends to the legal profession, which has an unequal gender balance.

 [1] See UN Human Development Index: ; UNDP ‘Beyond the Midpoint: Achieving the Millenium Development Goals’ (2010).

[2] Based on interviews with 11,463 households as part of the global Demographic and Health Survey National Statistics Directorate of Timor-Leste, ‘Timor-Leste Demographic and Health Survey 2009-10’ at 229.

[3] ‘Timor-Leste Demographic and Health Survey 2009-10’ at 236.

[4] A 2008 Asia Foundation survey found that 39% of voting age public in Timor-Leste had not heard of a court, 58% had not  heard of a public prosecutor and 59% had not heard of a lawyer: The Asia Foundation, ‘Law and Justice in Timor-Leste: A Survey of Citizen Awareness and Attitudes Regarding Law and Justice’ (2008) at 22-31: http://asiafoundation.org/publications/

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