Terms of Reference

Applicable law analysis for Indonesia

The Rainforest Alliance is creating a more sustainable world by using social and market forces to protect nature and improve the lives of farmers and forest communities. The Rainforest Alliance Sustainable Agriculture Standard, along with its assurance and technology systems, are designed to deliver more value to the two million farmers and thousands of businesses that use Rainforest Alliance certification to drive more sustainable agricultural production and responsible supply chains.

A. Background

In July 2020 Rainforest Alliance has released its new Certification Program with a complete set of new documents to increase the sustainability of agriculture and livelihoods all over the world. The Rainforest Alliance (RA) 2020 Certification Program defines our long-term vision for the future, and the path required to get us there.

After 02 years of implementation, we have just published version 1.3 of the Rainforest Alliance Sustainable Agriculture Standard in February 2023, which consists of the farm requirements and the supply chain requirements. Considering the feedback from farmers and other stakeholders, we have made adaptations in the standard for easier implementation and clarified and shortened requirements.

To strengthen our assurance monitoring activities and maintain relevance & respect for local regulations, Rainforest Alliance is looking for a professional or a company to conduct an analysis of the local regulations which are relevant to the RA 2020 Sustainable Agriculture Standard requirements.

Certification Bodies authorized for RA Standard 2020 will provide a law analysis of the countries within their scope. Theses analyses will be shared as input for this assignment.

B. Objectives

1.     Provide contextualization of the Sustainable Agriculture Standard to the local applicable law enforcement systems in Indonesia

C. Tasks

1.     Based on the  farm and supply chain requirements, also observing the relevant Assurance documents, identify and relate all relevant each requirements of the RA Standard 2020 to the applicable local laws, regulations, ordinances and other legal instruments in Indonesia.

2.     Indicate, for each core requirement which has a relation with the applicable local law in Indonesia, and whether the law is stricter or less strict than what the given requirement prescribes. This should also be complemented by providing practical examples of what this would mean in terms of the auditing of those requirements.

3.     Prepare a 2-hour webinar to approved Certification Bodies (CBs) in Indonesia to present the highlights of the analysis. This should be done in coordination with the Rainforest Alliance’s team responsible for ensuring the message being delivered is correct.

D. Deliverables

1.     Excel worksheet with 8 columns respectively describing:

·       Requirement number as listed in the RA 2020 Sustainable Agriculture Standard

·       The code of the applicable law and number of relevant article/clauses

·       Link to the referred law (from official website)

·       Reason why such law is applicable.

·       Interpretation when the law applies and not the RA Standard 2020 requirement and why

·       Indication when the law is stricter than the RA Standard 2020 requirement and why

·       Indication when the requirements of the RA Standard 2020 won’t be applicable in the context of Indonesia and why

·       Implication for the auditing process of such requirement(s).

A format of the excel worksheet will be provided by Rainforest Alliance.

2.     A PowerPoint presentation for a 2h webinar explaining the highlights of the analysis, critical requirements which the local law is stricter and links to the relevant laws.

A PPT template of the presentation will be provided by Rainforest Alliance.

E. Requirements

·       Organization or individual with at least 6 years of experience implementing and/or auditing the Rainforest Alliance Standard in the Indonesia context; or similar years of experience in legal advisory focused in the agriculture sector in Indonesia.

·       Strong knowledge of the legal documents system of Indonesia, especially those related to agriculture, forestry, environment, labour, health and safety.

·       Excellent writing proficiency in English.

·       Strong organizing and prioritization skills to meet agreed deadlines.

·       Previous experience in conducting law analysis, especially for other sustainability standards.

F. APPLICATION PROCESS

Applicants are requested to submit their application through [S&A Applicable Law Analysis for Indonesia | Rainforest Alliance Consultants & Internships | Flexible (hirehive.com)] until September 10, 2023. The following documentation should be attached:

·       A cover letter providing a summary of the consultant’s relevant experience, expertise and contacts;

·       Updated CV(s) of the consultant or consultant team;

·       Technical proposal indicating a draft work plan, methodology, timelines, etc;

·       Financial proposal, which details hour/daily rates and time investment per deliverable and expenses;

·       Company profile & portfolio if applicable.