Researcher on the Status of the Implementation of the UNGPs on Business and Human Rights in Eastern Europe and Central Asia

The United Nations Guiding Principles on Business and Human Rights (UNGPs), adopted by the UN Human Rights Council in 2011, are the most authoritative guidelines on how to “prevent and address human rights abuses in business operations.” As part of its overall work on human rights, UNDP has supported the implementation of UNGPs by countries and corporations worldwide. The B+HR program was first piloted in Asia in 2016, where UNDP was soon recognized as the convener on B+HR discourse through its peer learning activities, including its annual regional B+HR forums for Asia. This experience and the current COVID-19 crisis prompted UNDP to facilitate the broader dialogue on businesses’ responsibility in addressing the health and economic impacts of the crisis worldwide. UNDP is currently aiming to scale up its work in B+HR to a global level through a centrally coordinated initiative that will cover Africa, Europe, Central Asia, the Middle East, Latin America, and the Caribbean.

Preliminary research demonstrated the extensive range of business-related human rights abuses occurring in Eastern Europe and Central Asia (ECIS). The lack of decent jobs, respecting labor rights, and widespread discrimination in the workplace are the fundamental causes of the depopulation crisis and massive outward migration from the region. Migrant workers and women remain among the most vulnerable groups when it comes to labor violations. Fossil fuel industry and agriculture are the most affected sectors, where numerous violations, including forced labor, are widely practiced. Besides, the social contracts and existing workers and companies’ relationships, which are the center of B+HR, are challenged by the current COVID-19 crisis. COVID-19 pandemic has led to further weakening of democratic practices and respect to the rule of law in ECIS countries, heightening risks for widening inequality and systemic corruption in public and private sectors, resulting in a lower level of people’s trust in institutions. 

Although the implementation of non-binding UNGPs in the region remains somewhat a one-shot rather than a continuous practice, some positive developments have been taking place. As an alternative to a National Action Plan (NAP), Georgia and Ukraine incorporated separate chapters on B+HR within their National Human Rights Strategies. National Human Rights Institutions (NHRIs) have increasingly been doing their part, with NHRIs in Albania, Armenia, Georgia, and Ukraine, addressing individual complaints and monitoring businesses’ human rights impacts, and holding public hearings on the topic. In other parts of the region, civil society has taken up the issue. The Belgrade Center for Human Rights developed a National Baseline Assessment (NBA) for Serbia, and NGOs from Belarus and North Macedonia are issuing country guides on business and human rights. In Turkey, civil society was instrumental in convening the first-ever national dialogue on business and human rights. In contrast, companies have piloted UNDP’s Self-Assessment for Business on Human Rights Due Diligence and Covid-19 in the country.

Yet, there is a hope that the latest global developments will provoke major interest towards wider implementation of the UNGPs in the region. The UN Working Group on B+HR (UNWG) launched a new project “UNGPs10+/NextDecadeBHR”, aiming to assess the efficiency of the existing regulatory mechanisms and to chart a course for the following decade of action on B+HR. It is expected that the project will focus on the reinforcement of the role of more effective regulatory drivers, namely the mandatory dimension of the so-called?”smart mix”?of measures provided by the UNGPs. Notably, this objective is already gaining momentum in Europe, where the European Commission is about to?adopt?mandatory legislation?requiring companies to carry out human rights and environmental due diligence. Besides, some of the EU member states, including Germany and the Netherlands, are introducing relevant domestic legislation on this subject. The expected adoption of an EU directive on mandatory human rights due diligence will have a spillover effect on the region, especially country members of the EU enlargement process and the neighbourhood policy.

Following the outcomes of the 1st Regional Forum on Business and Human Rights in Eastern Europe and Central Asia, co-organized in partnership with UNDP Bangkok Regional Hub and UN Working Group on B+HR (UNWG) in 2020, UNDP Istanbul Regional Hub (IRH) is currently aiming to undertake more in-depth analysis and research of B+HR regional and national challenges and trends to better formulate the future programming on B+HR. Following the above, UNDP IRH intends to hire an International Consultant (IC) to conduct a scoping study to assess and document the status of B+HR in the ECIS region and provide concrete recommendations on how to advance the B+HR agenda and engage with affected rights holders and communities, and other stakeholders, including governments and businesses. The study will provide a baseline against which UNDP can assess progress and strategies in the region in the future. 

The resulting study, to be developed in consultation with UNDP IRH, will provide a summary of the status of B+HR in the ECIS region, outlining general developments and emerging issues and trends, including reflections on government and private sector responses to COVID-19, and the potential effect of the upcoming directive by the European Union introducing mandatory human rights and environmental due diligence on the promotion of B+HR regionally. The study will focus on the specific themes outlined by the Guiding Principles under each of the three UNGPs pillars (“protect, respect, remedy”). It will identify legislative, social and cultural and political factors that have or have the potential to progress a B+HR agenda, and the main barriers at a sub-regional level, thus recognizing and reflecting the diverse nature of the region. It will conclude with recommendations for UNDP regarding opportunities and potential strategic entry points for advancing the B+HR agenda in the ECIS. It is anticipated that research will be undertaken through a mix of desk research and (remote) key informant interviews, including with UNDP country offices and regional experts. 

Ultimately, the scoping study aims at: 

1. Assessing the current status of the UNGPs in the ECIS region and identifying emerging trends and issues, challenges and opportunities for implementation of the UNGPs;
2. Providing recommendations to promote the B+HR agenda effectively in the ECIS region, including strategic entry points and opportunities;
3. Informing a strategic framework and pilot interventions for UNDPs B+HR work in the region.

SCOPE OF WORK

The IC will work under the guidance and supervision of Rule of Law, Security and Human Rights (ROLSHR) Policy Specialist at UNDP Istanbul Regional Hub with support from the IRH Governance and Peacebuilding team. Specific results to be achieved by the IC are listed below. 

Produce a research plan in consultation with the ROLSHR Policy Specialist:

• Conduct preliminary desk research to identify gaps in data and analysis concerning the status of B+HR in the ECIS region; 
• Based on preliminary research, propose the different chapters to be included in the knowledge product and outline their contents, which shall be structured along the three pillars (“protect, respect, remedy”) of the UNGPs and all their respective Guiding Principles and themes;
• Create a research methodology and structure, and outline the specific activities to be undertaken, suitable to accomplish the deliverables 2 and 3 listed below, including a list of potential interviewees.

Report on the ‘Status of BH+R in the ECIS’:

• Research and outline the main developments on BH+R progress and the implementation of the UNGPs, following the structure outlined under deliverable 1 listed above;
• Report on the specific themes outlined by the Guiding Principles under each of the three UNGPs pillars (“protect, respect, remedy”), including legislative, social and cultural and political factors that have or have the potential to progress a B+HR agenda, and the main barriers at a sub-regional level;
• Report on lived experiences of vulnerable rights holders, including women, migrant workers, and internally displaced people in the context of human rights impacts of businesses generally and within the specific context of COVID-19. 
• Analyze current trends, challenges and potential entry points for B+HR work;
• Articulate concrete and practical recommendations on how to progress the B+HR agenda in the ECIS region.

Validate research findings and produce final report

• Validate research findings and recommendations through peer-review, including by the UNDP ROLSHR cluster at IRH, UNDP business and human rights unit, and through online consultation sessions with UNDP ECIS country office staff, regional experts and others to be defined in coordination with UNDP;
• Produce the final report, in English, in a format and layout suitable for publishing (publication costs are not expected to be borne in this IC contract)

OUTPUT AND DELIVERABLES

The consultant will use his/her own equipment and software. 

INTELLECTUAL PROPERTY 

All information and production of report to the assignments as well as outputs produced under this contract shall remain the property of the UNDP who shall have exclusive rights over their use. The products shall not be disclosed to the public nor used in whatever format without written permission of UNDP in line with the national and International Copyright Laws applicable. 

INSTITUTIONAL ARRANGEMENTS

The IC will work under the overall guidance of the ROLSHR Policy Specialist, Governance and Peacebuilding Team, UNDP IRH. Each deliverable shall be presented to the ROLSHR Policy Specialist for review and approval.  

DUTY STATION AND EXPECTED PLACES OF TRAVEL  

Duty Station 

The consultancy will be home-based. Interviews and consultations will take place through video conference or other remote communication tools.

• Demonstrable research skills; 
• Results-driven, initiative-taking, ability to work under pressure and meet tight deadlines; 
• Ability to work independently or with very limited guidance. 
• Highly motivated with a positive attitude and problem-solving approach; 
• Good interpersonal and communication skills. 

Education and Experience 

• Advanced university degree (Master’s or equivalent) or PhD in law, governance, anthropology, social science, political science, business management, or related discipline(s);  
• 5+ years of research on documentation on human rights/social and development issues; 
• 3+ years of work experience related to business and human rights; 
• Demonstrated understanding of geo-political situation and experience in Eastern Europe and Central Asia on a range of business and human rights issues, and with various types of stakeholders (e.g. government, NHRIs, businesses, civil society); 
• Demonstrated capacity to conduct multi-discipline, cross-sector and cross-country research; 
• Expertise in writing and documenting research reports. 

Language 

• Proficiency in English. Working-level Russian or another local language is desirable. 

REQUIRED DOCUMENTS  

Interested candidates must submit the following documents/information to demonstrate their qualifications.  (All documents should be combined under one file including financial offer.)

a. Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP. It shall include the Financial Proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs, as per the template provided.  If an Offeror is employed by an organisation/company/institution, and he/she expects his/her employer to charge a management fee in the process of releasing him/her to UNDP under Reimbursable Loan Agreement (RLA), the Offeror must indicate at this point and ensure that all such costs are duly incorporated in the financial proposal submitted to UNDP. The consultant should also indicate any travel and related costs for meetings etc; 

b. Curriculum Vitae; 

c. One example of a previous publication; 

d. Brief description of why the individual considers him/herself as the most suitable for the assignment.  

 CRITERIA FOR SELECTION OF THE BEST OFFER 

Evaluation Method and Criteria 

Only candidates who are responsive and compliant will be evaluated. Individual consultants will be evaluated based on the following methodology:

Combined Scoring method: 

The award of the contract shall be made to the candidate whose offer has been evaluated and determined as a) responsive/compliant/acceptable; and b) having received the highest score out of set of weighted technical criteria (70%) and financial criteria (30%).  

• The technical criteria consist of qualification review (education, experience, language) [max. 100 points]  

• Financial score shall be computed as a ratio of the proposal being evaluated as the lowest priced qualified proposal received by UNDP for the assignment will be based on a maximum 30 points. 

Technical Criteria for Evaluation (Maximum 70 points) 

• Criteria 1: Education – Max 10 points; 

• Criteria 2: Working experience – Max 20 points 

• Criteria 3: Analytical, research and writing abilities – Max 20 points 

• Criteria 4: Interview – Max 10 points

• Criteria 5: Excellent command of English – Max 10 points

Only candidates obtaining a minimum of 70 points for technical criteria (approx. 70% of the total technical points) would be considered for the Financial Evaluation. 

For those passing technical evaluation above, offers will be evaluated per the Combined Scoring method: 

a) Technical evaluation and interview (70%)  

b) Financial evaluation (30%) 

The application receiving the Highest Combined Score will be awarded the contract.  

PAYMENT TERMS 

Candidates shall quote a lump-sum “all-inclusive” fee for the completion of each deliverable. The term “all-inclusive” implies that all costs (professional fees, communications, consumables, etc.) that could be incurred by the IC in completing the assignment are already factored into the lump-sum submitted in the proposal. Payments shall be done upon verification of completion of deliverables and approval by the IC’s supervisor. 

The lump-sum price is fixed regardless of changes in the cost components.  

• First Tranche – 10% upon submission and approval of Deliverable 1 (“Research Plan”) 
• Second Tranche – 40% upon submission and approval of Deliverable 2 (“Draft study for evaluation’”) 
• Third Tranche – 20% upon submission and approval of Deliverable 3 (“Validation through peer-review”) 
• Fourth Tranche – 30% upon submission and approval of Deliverable 4 (“Final report inclusive of recommendations”) 

Annexes