*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.
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