Consultant for Whistleblower Protection

*StrengtHening Integrity and accountability program 1 (SIAP 1)* *Assessing the Existing Whistleblower Decree * *and Developing an Improved Whistleblower Protection System * *Terms of Reference* * * * * * * *BACKGROUND* MSI has been working with the BPK on programs for over a year. The largest program component is the implementation of a Fraud Control System at the BPK. The Fraud Control System aims to decrease internal fraud vulnerabilities through the establishment of a self-assessment methodology at all units of the agency. A key component of the Fraud Control System implementation will require the creation of a robust whistleblower policy and system for receipt, handling, processing and investigating whistleblower allegations as well as providing protections for whistleblowers from inside the BPK. BPK’s Fraud Control System is part of its Internal Control System and is designed to prevent, detect, and respond to allegations of fraud and corruption. The Fraud Control System incorporates the following attributes: Integrated Anti-Fraud Policy, Responsibility Structure, Fraud Risk Management, Fraud Awareness, Whistleblower Policy, Investigation and System Enhancement by Monitoring, Evaluation and Reporting of the Attributes. BPK has made a decision to establish a whistleblower system, but not yet constructed it, nor has it had experience in handling anonymous whistleblower allegations, which require special handling procedures to ensure confidentiality. In addition, BPK had not had experience in providing protections against potential reprisal or retaliation for internal or external whistleblowers. BPK’s Special Inspectorate is the existing internal oversight unit and it is anticipated that the Special Inspectorate will investigate whistleblower allegations. A recent MSI assessment of the BPK Fraud Control System implementation to date determined that the Special Inspectorate lacks the capacity to effectively manage a whistleblower system. Two consultants are required to develop the Whistleblower Protection System for BPK. An Indonesian Consultant is needed to research the existing legal and regulatory framework within which Whistleblower Protection can be implemented for the BPK. In addition, an International Consultant will conduct an assessment of the current – basic - Whistleblower decree within the context of international best practices, provide recommendations for constructing a BPK Whistleblower System, and work together with the Indonesian Consultant to develop an improved Whistleblower protection regulation and system. * * * * *OBJECTIVE: * Implementation of an Effective Whistleblower System and Whistleblower Protection System for BPK.** *SCOPE OF WORK:* - Conduct research on the existing legal and regulatory framework within which Whistleblower protection for BPK – RI can be implemented*(Indonesia Consultant), * - Assessing existing Whistleblowing decree, determining needed improvements to support implementation of the Fraud Control System,, and developing effective whistleblower protection regulation and procedures for BPK *(International Consultant) .* * * *ACTIVITIES:* *Indonesia Consultant:* 1. Conduct research on existing legal and regulatory framework in the Republic of Indonesia for whistleblower protection including handling of retaliation or reprisal. 2. Providing data obtained from research, to International Consultant during assessment of whistleblowing policies, procedures, and regulation within BPK. 3. Develop BPK communications strategy internal and external to BPK, including annual summary reporting framework for BPK reporting on whistleblower system implementation and impact. 4. Support and cooperate with International Consultant in developing a BPK policy and procedures manual for handling allegations received by BPK regarding misconduct by BPK auditors, staff, and Board Members. (to be first drafted in English and then translated) *DELIVERABLES (to be drafted in Bahasa Indonesia, then translated into English by MSI)* 1. Report on legal and regulatory framework for whistleblower system, including recommendations for any potential legislative remedies that BPK may pursue (up to 15 pages). 2. Participating in 2-day Training to BPK stakeholders on International best Practices related to Whistleblower systems which presented by International Consultant. 3. Preparing input to International Consultant in preparing a component to be included in the BPK Fraud Control Guidelines defining BPK policy and procedures for a whistleblower system, including reference to organizational structure and functional responsibilities of BPK units and a BPK external communications strategy to audited entities and the public. * * * * *Period of Performance: * July 1 , 2012 until August 15, 2012 * * *Level of Effort: (Indonesia Consultant)* 1) Research on legal and regulatory framework regarding Whistleblowing within BPK. 2) Upon completion of the research, Indonesia Consultant will work together with International Consultant to develop a BPK policy and procedures manual for handling allegations received by BPK regarding misconduct by BPK auditors, staff, and Board Members. Total estimated LoE: 25 days. * * *C**ONSULTANTS’ REQUIREMENT* Participant of this activity must meet the following requirements: 1. Personal consultant, 2. Having the ability to provide services as a consultant, particularly in the field of law, 3. Fluent in English, 4. By law has the capacity to sign a contract, 5. Not in the supervision of the court, not bankrupt, and / or not serving criminal sanctions, 6. Has tax number identification (NPWP), and had filled Annual Tax Income Report for 2010, 7. Having a good performance, not on the sanctions list or black list in a government agency/state owned company, 8. Not make incorrect statements about his / her competence and capabilities. Please send your CV to hprasetyo@msi-siap.com not later than 27 June 2012. Please indicate “*Whistleblower*” on your subject of your email.