Activities
LDF bases its program of activities on set of thematic priorities,
and is also able to respond to immediate and
emerging issues in the legal and human rights sector. Our ability
to respond to partner needs comes from our overarching objective,
which is to support Indonesian initiatives, particularly those identified
by our primary partners. LDF collaborates closely with government
and civil society institutions in identifying needs, and we are
assisted in this by a small team of Lead Advisers, who provide technical
assistance in each of LDF’s four themes:
LDF developed a gender strategy in 2005. While LDF seeks to ensure
a broadly gender inclusive approach to activity development and
design, LDF also directly addresses both substantive and structural
constraints faced by women in Indonesia through particular initiatives.
Further information is contained in the Gender
Strategy paper.
LDF operates on a ‘rolling design and deliver’ basis.
Our work program is updated every 6 months, and is endorsed by an
Advisory Board of eminent Indonesians, prominent in law reform and
human rights. AusAID and Bappenas co-chair the LDF Advisory Board,
and ensure that initiatives supported by LDF meet the development
priorities of both partner governments.
Access to Justice
Our
objective in this area is to strengthen the administration of justice
in Indonesia by building the capacity of the Indonesian court system
to deliver improved services to justice-seekers, and contribute
to the empowerment of marginalised groups seeking to enforce their
legal rights.
Judicial reform is a key component of LDF’s access to justice
work, and partners in this field include the Indonesian Supreme
Court, and Indonesian civil society organisations that are leaders
in legal reform and policy. A key priority for LDF is to support
the Supreme Court's own reform activities. As part of this strategy
LDF provides assistance to the Judicial Reform Team Office that
assists the Chief Justice with implementation of the blueprints
for reform of the Indonesian judiciary. LDF also works with the
Constitutional Court, and has collaborated, in the past, with the
Judicial Commission. LDF also cooperates extensively with the Religious
Courts.
Key implementing partners in LDF's Judicial Reform activities
are the Federal Court of Australia (which maintains a unique Court-to-Court
Memorandum of Understanding with the Supreme Court) and the Family
Court of Australia.
LDF’s work in Access to Justice incorporates a program in
the area of legal aid, specifically the publication of a handbook
on legal aid developed by YLBHI (the Indonesian Legal Aid Foundation),
and a program with LBH (Legal Aid Bureau) Jakarta, addressing regulation
of access to legal aid services.
Current activities
LDF is delivering assistance to the Supreme Court in its priority
areas of reform: case management; expediting the ‘one-roof’
process (the consolidation of administrative responsibilities for
all courts under the Supreme Court); judicial transparency; and
enhancing the court system’s budget and financial management
capacity. Program highlights include:
- Case Backlog Reduction Program for the Indonesian
Supreme Court, in collaboration with the Federal Court of Australia
and consultants from Indonesian civil society. This initiative
aims to identify, analyse and resolve case management issues at
the Supreme Court.
- Access and Equity Survey for the Religious Courts,
in collaboration with the Family Court of Australia, and PPIM
– Pusat Pengkajian Islam dan Masyrakat. This initiative
will assist the enhancement of client-focused management and case
administration, particularly in the handling of divorce cases
across Indonesia.
- Support to Financial Management Reform at the Supreme
Court. This activity is lead by a senior Indonesian public
sector finance specialist who assists the court in strengthening
its financial administration systems, with ongoing advice from
the Federal Court of Australia.
- Leadership and Change Management Program at the Supreme
Court, delivering innovative and international standard
court-centred management training to Justices and administrative
staff. The objective is to enhance strategic planning and strengthen
change management skills and processes.
- Assistance to the Judicial Reform Team Office,
which supports the ongoing implementation of the Supreme Court’s
reform program, facilitates coordination of international donor
assistance, and provides strategic assistance in other areas,
including management reporting and internal communication in the
court system.
- Indonesian Legal Aid Handbook 2nd Edition.
YLBHI – the Indonesian Legal Aid Foundation – is revising
and updating the successful 2006 edition of this new and informative
legal resource. In addition, LDF support is assisting with the
development of a range of advocacy and training materials to adapt
the information found in the publication.
Past activities
Highlights among the activities completed to date include:
- Meetings Between Chief Justices. LDF regularly
hosts meetings between the Chief Justice of the Supreme Court
and Federal Court of Australia to foster their unique Court-to-Court
Memorandum of Understanding on judicial cooperation. These meetings
allow the court leaderships to review cooperation funded by LDF,
and to discuss issues of court administration, management, and
reform. In November, 2006, Chief Justice Bagir Manan traveled
to Australia and – following working meetings on activities
underway – signed an Aide Memoire with the Chief Justice
of both the Federal and Family Courts of Australia, concerning
the various initiatives underway with LDF assistance.
- Constitutional Court Staff Exchange. In late
2006, LDF facilitated the opening of an historic new relationship
between the Indonesian Constitutional Court and the High Court
of Australia, when the High Court hosted a Justice Associate from
Indonesia for a one-month exchange. The results of the research
and observation made during the visit were well-received by the
Constitutional Court, and further cooperation is expected to take
place in the future.
- Cooperation Between Indonesian Religious Courts and
Family Court of Australia. At LDF’s inception,
our assistance was sought to explore the possibility of providing
assistance to the Religious Courts, which manage a large caseload
of, primarily, divorce cases. Since then, LDF has fostered a new
Court-to-Court program with the Family Court of Australia, which
commenced with the visit of a high-level delegation in December,
2004, and a return visit to Australia of an Indonesian delegation
in 2005. Subsequently, the Family Court has provided ongoing advice
on strategic planning and management issues, as well as advice
on the development of the access and equity survey.
- Court Regulations and Procedure. The Federal
Court of Australia provided technical assistance with the development
of a new Supreme Court Regulation on Consumer Protection cases,
finalised in 2005. In addition, a significant program of mediation
training was delivered by Indonesian civil society organisations
to judges and registrars, including valuable collaboration with
senior representatives of the Federal Court. This followed an
earlier research activity initiated by the Supreme Court, to evaluate
the effectiveness of court-annexed mediation in Indonesian courts.
- Indonesian Legal Aid Handbook. In 2006 YLBHI
launched the first ever national legal aid handbook, which was
developed with the assistance of the Fitzroy Legal Service, Melbourne,
and in collaboration with PSHKI – Pusat Studi Hukum dan
Kebijakan Indonesia. This popular publication is aimed at enhancing
access to key legal information for public legal defenders and
advocacy groups in Indonesia.
- Draft Law on Legal Aid. LDF supported the
development of this important draft law as a means of advancing
the policy objectives of the Indonesian legal aid community, to
achieve national government commitment to providing funding for
legal aid advice in Indonesia. The Lembaga Bantuan Hukum (LBH)
in Jakarta leads this activity, and the activity resulted in the
publication and dissemination of the draft law, together with
a collection of policy papers on the question of legal aid services.
Human Rights
Our
objective in this area is to enhance the promotion of human rights
in Indonesia by building the capacity of human rights institutions
to fulfill their legal and policy mandates, and to assist in promoting
gender awareness among legal institutions.
In its Human Rights theme, LDF supports the National Human Rights
Commission (Komnas HAM) and the National Commission on Violence
Against Women (Komnas Perempuan) in institutional strengthening
activities and program delivery. LDF has supported a program of
strategic planning and project management skills development at
Komnas HAM and is helping to strengthen the capacity of regional
offices of the Commission. LDF also supports the implementation
of the National Action Plan
for Human Rights (RANHAM) through cooperation with the Director
General for Human Rights Protection at the Ministry of Law and Human
Rights (Dit Jen HAM). LDF also funds an annual internship in Geneva
for young human rights workers and increasingly seeks to collaborate
with civil society organisations.
Current activities
LDF maintains a close working relationship with Komnas HAM, targeting
key institutional strengthening activities in the national and regional
offices. This program of cooperation is currently being evaluated
and re-designed. Komnas Perempuan is the program coordinator for
a comprehensive set of initiatives seeking to strengthen the work
of law enforcement officers in dealing with cases of violence against
women. Program highlights include:
- Geneva Internship. Staff from the Indonesian
civil society organsiations ELSAM – Institute for Policy
Research and Advocacy – and LBH APIK – a leading women’s
legal aid institute – are currently completing 6 month internships
with the International Service for Human Rights, the International
Commission of Jurists and Association for the Prevention of Torture.
They were identified in a competitive selection round, and have
been involved in an intense round of activities including observing
the activities of UN human rights bodies, and researching specific
human rights issues.
- Strengthening the Work of Law Enforcement Officers in
Solving Cases of Violence Against Women. The components
of this program are coordinated by Komnas Perempuan, with each
managed by specialist organisation. This 1-2 year initiative is
a continuation of a program developed previously with grant funding
from the European Commission. The component programs are:
- Gender sensitive and human rights-based proposals for the
amendment of the Criminal Code – implementing organisation
Komans Perempuan;
- Training curriculum in gender awareness for Religious Courts
judges – implementing organisation Komnas Perempuan;
- Gender-awareness training for trainers at the National Police
Academy – implementing organisation Derap Warapsari
(an organisation formed by retired policewomen);
- Research and publication of Supreme Court decisions with
significant gender implications – implementing organisation
Centre for the Study of Women and Gender, University of Indonesia;
- Regional judicial watch network and publication of findings
– implementing organisation LBH-APIK (a leading women’s
legal aid institute).
Past activities
Highlights among the activities completed to date include:
- Human Rights Training for Lawyers. LDF recently
supported ELSAM in conducting its annual training program for
Indonesian lawyers. Around 30 young lawyers, activists and researchers
from a wide range of regional civil society institutions were
brought to Jakarta for a comprehensive introduction to human rights
advocacy for lawyers. This successful initiative has been conducted
for many years, and is perhaps the only Indonesian national human
rights training program.
- Capacity building initiatives at Komnas HAM.
LDF has provided extensive assistance to Komnas HAM on a range
of institutional development and staff capacity building activities.
Most recently, a comprehensive program of initiatives was delivered
with the assistance of an Indonesian human rights consultant for
Komnas HAM’s regional office network. Staff in the regional
offices were trained in strategic planning, conflict mapping and
resolution, and project management skills, to faciliate the development
of action plans that can respond to local needs. Staff in the
Jakarta office were also provided with support to develop a new
public campaign on the right to education. Previously, LDF supported
the development of the Komnas HAM Strategic Plan, facilitated
the design of a staff competency framework, to underpin human
resource management, and strengthened IT skills in the information
and documentation centre.
- Promotion of National Action Plan on Human Rights
(RANHAM). Since its inception, LDF has provided assistance with
the implementation of the RANHAM, in cooperation with Dit Jen
HAM (Directorate General of Human Rights). The plan, which was
launched in 2004, has been rolled out across Indonesia at different
levels of government. LDF assisted with a national seminar for
300 District officials, and has also funded several regional coordination
workshops.
- Geneva Internship. In 2005, LDF supported
the first of a series of internships for young Indonesian human
rights defenders, in cooperation with the International Service
for Human Rights, and International Commission for Jurists.
- Human Rights Training for Acehnese Police.
LDF funded the engagement of an Australian human rights and police
training expert to contribute to some of the first human rights
training provided to police in Aceh, following the conclusion
of the peace agreement. The activity was an initiative of the
US funded ICITAP program – International Criminal Investigative
Training and Assistance Program.
Anti-Corruption
Our
objective in this theme is to reduce the incidence of corruption,
supporting Government of Indonesia institutions and civil society
organisations. We strive to combat corruption, support efforts aimed
at law reform and enforcement, at understanding the causes of corruption,
and, also, in administrative reform.
Under the Anti-Corruption theme, LDF provides technical advice
and institutional strengthening assistance to the Corruption Eradication
Commission (KPK). LDF is specifically targeting assistance in enhancing
investigative skills in the Commission and in developing internal
training capacity, through developing training staff and providing
specific training courses. There has also been extensive cooperation
with other programs at the Commission, including those delivered
by the Australian Federal Police at the Jakarta Centre for Law Enforcement
Cooperation, JCLEC, Semarang.
LDF has collaborated with civil society organsiations in several
anti-corruption initiatives, and continues to seek opportunities
to work with the non-government sector in this area.
Current activities
We continue to work closely with the KPK through high level technical
and policy advice, and staff development training and development
of training plans and programs. Program highlights include:
- Training for KPK staff. LDF’s Lead Adviser
Anti-Corruption continues to provide training to KPK recruits
both in the form of orientation training (on topics such as the
nature of corruption), and more specialised subjects. These include
introduction to investigations, surveillance and informant handling
and interview techniques.
- KPK Training Needs Analysis. LDF is providing
follow-on assistance to the Commission following the successful
development of a comprehensive analysis and training plan, orientated
at facilitating the development of an appropriately skilled workforce.
Further areas of assistance include assistance to training staff
with skills development and training modules. The TNA exercise,
conducted over two phases, provided the KPK with a rationale and
structure for personnel management, training and career development.
- Provision of Technical Advice. LDF’s
Lead Adviser provides ongoing assistance to the KPK on matters
such as mutual legal cooperation and asset tracing.
Past activities
Highlights among the activities completed to date include:
- Transparency International Indonesia Corruption Perceptions
Survey. LDF supported TI-Indonesia to conduct its 2006
Indonesian corruption perceptions survey. This survey follows
its first such survey, in 2004, providing detailed information
on the problems faced by Indonesian businesses in over 30 provincial
cities and towns, and identifying the frequency and nature of
corrupt transactions with particular agencies and service providers.
- Surveillance, Undercover Work and Informant Handling.
Following earlier assistance to the KPK in basic investigation
techniques, LDF provided 2 week-long introductory courses to approximately
50 staff at the Commission. This training gave them the necessary
skills that would then allow them to begin to put into practice
learned techniques, gathering sensitive information to help build
investigations.
- Investigation Skills, Management of Exhibits, Search
and Seizure Training. LDF’s Lead Adviser has delivered
a large number of training courses to KPK staff, providing them
with the basic skills necessary to conduct effective investigations.
The KPK now possess best-practice competencies in: 1) gathering
evidence to support its corruption cases, 2) understand how to
plan, and 3) execute more complex investigative operations, as
well as having learnt how to structure and conduct interviews
of suspects. As part of this series of activities, LDF also cooperated
with Australian Federal Police forensic experts, who delivered
two workshops introducing KPK staff to document examination and
fingerprinting.
- Presentation Skills for KPK Trainers. In cooperation
with the Jakarta Centre for Law Enforcement Cooperation (JCLEC)
Semarang, LDF arranged for a week-long introduction to training
skills for the KPK’s in-house training team.
- Capacity Building for Evidence Handling in Corruption
Cases. LDF was requested by the Attorney-General’s
Office to provide training and advice on enhancing systems and
procedures for gathering and managing evidence in corruption cases.
A study was conducted, along with two training workshops, for
both the AGO and the KPK. This initiative lead to longer term
engagement with the KPK in the field of investigative skills.
- Sub-Regional Anti-Corruption Seminar. In conjunction
with a local think-tank, LDF sponsored a two day seminar, conducted
by the KPK, at which a sub-regional Memorandum of Understanding
was signed by the anti-corruption bodies of Indonesian, Malaysia,
Brunei and Singapore. This agreement provided the first basis
for institutional links between the Indonesian Commission and
its regional counterparts. LDF supported the involvement in the
seminar of Mr Nick Cowdery QC, NSW Director of Public Prosecutions,
then head of the International Association of Prosecutors.
Transnational Crime
Our
objective in this theme is to strengthen the ability of legal agencies,
to combat transnational crime by increasing their capacity to investigate
and prosecute offences, particularly in the areas of money-laundering
and counter-terrorism.
In Transnational Crime, LDF’s principal partner is the Attorney-General’s
Office. While LDF pursues a range of specific transnational crime
activities with the cooperation of the Task Force on Transnational
Crime, assistance is also given in managing the reform agenda at
the AGO, in a broader sense. In this context, LDF supports the AGO
in managing the AGO Agenda for Reform, supporting the work of the
Deputy Attorney-General and a reform team at the AGO. LDF has provided
assistance in the past with strengthening prosecution skills in
a range of transnational crime topics and will continue to assist
in this area.
Current activities
LDF continues to focus in the longer term - assisting the AGO
to deliver on its internal reform agenda. We are also developing
a program of capacity building initiatives aimed at strengthening
core investigative and prosecutorial competencies in the complex
field of transnational crime. Program highlights include:
- Support for the AGO Reform Program Office.
Since mid-2006, LDF has supported the AGO develop and implement
a wide-ranging institutional reform agenda. A team of external
consultants helps the AGO to coordinate this program, with the
assistance of advice and commentary from a reform team composed
of representatives of the AGO and external advisers. The Attorney-General
has approved a number of concrete reform initiatives which will
be rolled-out during 2007.
- Training and Workshops on Transnational Crime.
Under the coordination of LDF’s Lead Adviser, a series of
in-house activities are being conducted in Kalimantan, Sumatra
and Papua. This initiative is being conducted in collaboration
with the regional chief prosecutors, the Task Force on Transnational
Crime and the AGO Training Centre. The objective is to strengthen
the capacity of key AGO staff to investigate and prosecute those
cases which frequently involve complex financial transactions
and require a high level of cooperation, both inside and outside
the AGO.
- Legal Resources for Transnational Crime. LDF
is assisting the AGO to develop a range of legal information resources
on topics relevant to the management and investigation of complex
crimes. We will initially focus on anti money laundering, assisting
with the finalisation of a manual for prosecutors, and also with
a CD rom tool kit that will provide prosecutors with the necessary
information to help conduct their work - including strengthening
their capacity to liaise with international counterparts.
Past activities
Highlights among the activities completed to date include:
- High Level Delegation to Australia. In collaboration
with Australian government agencies, LDF arranged a visit by a
delegation led by the Junior Attorney-General for General Crimes.
The group met with Australian counterparts to exchange information
on their laws, procedures and experiences with counter-terror
prosecutions, along with matters such as mutual legal assistance.
- Specialised Training for Indonesian Prosecutors.
LDF has delivered a number of specialised courses tailored to
the needs of prosecutors working on counter-terror prosecutions,
addressing key competency areas for prosecutors. Most of the courses
were conducted at the Jakarta Centre for Law Enforcement Cooperation
(JCLEC) and included participants from the Indonesian National
Police, and judiciary. The specialised courses included:
- Witness examination;
- Counter-terror laws;
- Presentation of evidence;
- Indictment preparation;
- Criminal prosecution.
Immediate and Emerging Issues
LDF has also supported other initiatives aimed at sustainable
legal sector reform more broadly including training at the national
level in legislative drafting. We will provide further support in
the area of legal information systems. LDF also supports seminar
and other similar initiatives that relate to its primary themes
or that generally promote legal reform.
Highlights among the activities completed to date include:
- Assistance to SekKab (Secretariat for Cabinet) with development
of database of laws and regulations;
- A national seminar on legal issues in Aceh post tsunami;
- A legislative drafting skills enhancement program -delivered
by Pusat Studi Hukum dan Kebijakan – PSHKI (Centre for Law
Studies & Public Policy); and
- Community consultations in Aceh regarding the Draft Law on the
Governing of Aceh.
LDF provides assistance from time to time with academic seminars
and conferences that enhance understanding in areas of relevance
either to LDF's thematic priorities, or, more broadly, to the legal
and human rights sector.
LDF Gender Strategy
The rationale for this document is to provide guidance to the
Indonesia-Australia Legal Development Facility (LDF) management
team and to technical consultants working in the field. The document
provides:
- a brief overview of AusAID’s gender policies which affect
the LDF;
- an overview of gender equity issues in the legal system;
- an overview of gender issues in the Indonesian legal system,
and finally
- a series of recommendations to assist and ‘guide’
implementation to further strengthen best practice in applying
gender analysis to the overall goals and objectives of the facility.
AusAID Policy
Recognising that the equality of men and women is an important
development goal, as sustainable development can only be achieved
with the active participation of all members of the community; Australia’s
aid program aims to promote equal opportunities for women and men
as participants and beneficiaries of development. The policy acknowledges
that the goals and priorities for tackling gender equity will vary
from country to country and should be sensitive to the specific
needs and priorities of developing country partners.
The gender and development policy has several objectives, namely:
- To improve women’s access to education and health care
- To improve women’s access to economic resources
- To promote women’s participation and leadership in decision
making at all levels
- To promote the human rights of women and assist efforts in eliminating
discrimination against women.
Achieving gender equity requires a focus on both men's and women’s
roles, as they impact their ability and incentive to participate
in development activities. Consequently project impacts may be different
for men and women. Achieving a gender perspective into aid activities
involves applying gender analysis throughout the project cycle
Meeting policy objectives requires close attention to the formulation
of activity objectives. It means identifying their relationship
to women’s practical needs, such as basic services and income
generating capacity, as well as their strategic interests, including:
legal rights, protection from domestic violence, and increased decision
making, particularly about matters that affect their personal lives.
Gender and Legal Systems
Legal systems reflect society’s underlying cultural attitudes
towards women and men. In particular, they reflect how those attitudes
influence codes and practices that regulate access and control to
resources such as work, land, and credit. Laws and the legal system
can be used purposefully to pursue gender equality in these matters.
However, it should be noted that gender based discrimination is
less often 'de jure' and, more often, de facto. Social
change is a slow process and the law is only one of many tools that
are needed to improve womens' status. At the same time, it should
be noted that entrenched cultural biases often affect the ways in
which laws are drafted and applied, even where the intention is
to be gender neutral.
Following the typology identified in the 2001 ADB Study on the
Sociolegal Status of Women in Indonesia, Malaysia, Thailand and
Philippines, LDF may categorise the issues as: 1) substantive constraints,
2) structural and institutional constraints, and 3) social/cultural
constraints. In designing and implementing activities in support
of the blueprint for reform IALDF will be concerned with:
Substantive constraints that may include the following:
- Gender biased and conflicting laws and regulations, and gender
biased administrative and judicial interpretations and rulings;
- Gender biases in religious laws and customs;
- Biases in customary and adat law and/or customary
rights favourable to women that have been eroded by state law
and policies; and
- Failures of legal reform to deal with gender issues resulting
from globalization and changes in social patterns and values.
Major structural and institutional constraints that might include:
- Gender biases and insensitivity in administrative agencies
including law enforcement agencies, the judiciary and the legal
profession;
- Lack of gender equity in the administration of existing laws
and inadequate resourcing of agencies dedicated to the protection
of women’s interests;
- Limited access to justice and affordable legal services; and
- Lack of political and bureaucratic will to pursue gender sensitive
reform of policies and laws and to improve their implementation
and enforcement.
In implementing activities and in the conduct of its office, IALDF
will also be concerned with social and cultural issues that define
roles and work practices based on gender differences.
Government of Indonesia’s Gender Policy
LDF’s cross-cutting gender strategy will support Indonesia’s
own strategy for incorporating gender issues into the law and justice
sector.
In recent years, the Government of Indonesia has shown support
for gender equality and equity in legislation and policy. This includes
the 1990 State Guidelines, Law No. 22/1999 on Regional Autonomy,
and Law No. 25/2000 on the National Development Plan. The Presidential
Instruction 9/2000 on Gender Mainstreaming takes this commitment
one step further, providing for gender mainstreaming in all government
policies, legislation and programs. The government has also introduced
a Zero Tolerance Policy in relation to violence against women and
adopted a National Plan of Action for the Elimination of Violence
Against Women.
However a study by the ADB in 2001 notes six areas that could be
improved through the agency of the legal sector:
- Reform of labour laws to bring about equal remuneration, anti
discrimination, and overcome work related harassment,;
- Reform of laws affecting married women’s access to credit;
- Promotion of legal aid centres and legal literacy programs
for women to promote awareness of rights and improved access to
justice;
- Greater gender awareness in Indonesia’s law schools particularly
in training for professional skills;
- Gender sensitization training for all legal policy makers, the
judiciary and members of the legislative body; and
- More consistent application of the many laws and regulations
that subscribe to gender equity.
Gender Analysis of Participation in the Legal Sector
Participation in the legal sector can occur in one of three ways:
as a means of implemention of laws and regulations, as a victim
or as an offender. A gender analysis of participation in the Indonesian
legal sector (2001), indicates that, as implementers, women are
under represented, comprising only about 16% of judges, mediators
and legislators. With some very notable exceptions, women do not
occupy decision making positions. Their low levels of participation
can be attributed both to general discrimination, encountered from
training through to selection, as well as the multiple social and
economic burdens faced by women in their personal and professional
lives.
As there is little available data on women as victims; analysis
may be needed of the efforts made by the executive, legislature
and judiciary to 1) prevent crimes against women, 2) to
evaluate the way in which their complaints are processed
examining how they, personally, are supported as victims.
Finally, gender analysis may highlight inequalities in the treatment
of offenders, both in a physical sense (which may involve human
rights issues), but also in the values applied by prison officials,
prosecutors and judges in their treatment of offenders.
IALDF and Targeted Gender Activities
Activities in the LDF portfolio are designed to be inclusive and
seek to address gender imbalances in the legal system, whether they
are of a professional, technical or of a more fundamental nature.
Areas of engagement that will directly address gender equity include:
- Work with the Religious Courts regarding family law;
- Support for human rights including women’s rights; and
- Supporting better access to justice, e.g. through court annexed
mediation and the legal aid handbook.
LDF will also consider other specific opportunities that exist
to improve gender equity by meeting practical gender needs and strategic
gender interests. This may include working with major institutions
and NGOs which are dedicated to addressing sociolegal gender issues
and whose approach is consistent with the policies of the government
of Indonesia and of AusAID.
Incorporating a gender perspective into all LDF activities:
- Identification of key constraints to gender participation,
identified during activity preparation for all facility components;
- Strategies to overcome these identified constraints including
the setting of quantitative and qualitative targets, against which
progress can be monitored and the dedication of project resources
to ensure that strategies will be implemented;
- Gender sensitive monitoring indicators and processes are devised
to evaluate the impact of the project on women and men and their
relationships between them; and
- Counterpart institutional capacity for implementing gender sensitive
projects is assessed, and appropriate actions are taken to strengthen
this capacity.
This means that project documents must demonstrate gender considerations
and, as far as possible, use sex disaggregated data to demonstrate
needs, participation and outcomes of any activity. Further, strategies
to involve and benefit women must be resourced and budgeted into
activity design and implementation. Finally, there should be equity
in the participation of both women and men in the planning, implementation,
and monitoring of projects, as well as in the benefits of each activity.
In this case, equity of participation is not merely a quantitative
issue, but also a qualitative issue.
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