Researcher for ‘Malaysia: Remediation in the Medical and Safety Equipment Industry’

As a key regional development partner, Malaysia plays a central role in promoting the implementation of the United Nations Guiding Principles on Business and Human Rights (UNGPs) in Asia. With support from civil society, business, SUHAKAM and UNDP Malaysia, the government of Malaysia is well-positioned to develop a National Action Plan on Business and Human Rights (NAP BHR).

The UNGPs is the world’s most authoritative and normative framework guiding efforts to address the adverse impacts of business operations on human rights. The UNGPs consist of three pillars. The first pillar concerns the well-established State duty to protect human rights under international human rights law. The second pillar addresses the responsibility of business enterprises to respect human rights and the third pillar outlines the role of both State and non-State actors to promote access to effective remedies for rights holders who have experienced business-related abuses through judicial and non-judicial grievance mechanisms.

While there is increased awareness of the BHR agenda and visible uptake is observed, serious challenges remain in implementation. Indeed, implementation of the UNGPs will require dedicated efforts to create and enforce rights-centred policies and laws, ensure policy coherence and build the capacity of all key stakeholders, from ministries to civil-society organizations (CSOs).

Business and human rights topics in Malaysia involve a large number of actors managing complex and interconnected supply chains, various industries and numerous state and non-state entities. Further, the COVID-19 crisis has exacerbated and widened issues related to human rights in business operations. In 2019 and more recently, United States’ (US) customs had banned imports from two major Malaysian rubber glove companies, including the world’s largest producer of medical gloves, citing cases of forced labour within their operations. This comes at a time where global demand for medical gear and Personal Protective Equipment (PPE) is extremely high due to the pandemic, particularly in hard-hit countries such as the US.

Such companies, in responding to these actions and with improved understanding of their role in upholding human rights, are increasing investments in rights-based operational models which include human rights policy statements and commitments, human rights due diligence (HRDD) and the development of effective access to remedies. Current grievance mechanisms, if available at all, severely fall short of what is prescribed by the UNGPs.

Of recent interest are a number of cases of remediation payments of an estimated total of RM250 million (over USD 60 million) to migrant workers in Malaysia who had paid excessive amounts in recruitment fees, an industry practice that has plagued the region for many years.  

UNDP Malaysia, under the BHR project, intends to hire an International Consultant (Researcher) to conduct a brief research study on access to remedy in the Malaysian medical and safety equipment industry vis-à-vis financial remediation exercises by multinational enterprises and provide industry recommendations that aim at mainstreaming human rights due diligence and access to remedy in business operations and supply chains.  

The eventual knowledge product resulting from the research may comprise four main sections. The first section may contain an introductory chapter on the industry ecosystem, state of human rights in the industry and the role of external pressures such as grievances from rights holders, consumer advocacy and extraterritorial obligations. The second section should present access to remedy and remediation modalities (similarities and differences) using case studies in Malaysia and include implementation challenges faced by these companies. Following this, the third section may include an assessment on the effectiveness of these exercises, detailing the outcomes to rights holders and more generally, how it may have spill over effects and motivate changes in the industry. The final section should contain recommendations to the industry and other relevant stakeholders on how access to remedy can be operationalized and have positive and sustainable business outcomes in the long term. There may be emphasis on the qualitative or lived experiences of right-holders. Note that the contents of these sections and chapters shall be created in consultation with UNDP. Please note that this is the suggested format for the brief, but UNDP will be willing to consider other formats/structures based on preliminary research.

Ultimately, the research study aims at:

1. Presenting the current state of human rights in the medical and safety equipment industry with focus on rubber production;
2. Identifying and assessing cases or examples illustrating remediation frameworks and mechanisms available and the challenges that impede human rights processes;
3. Assessing the effectiveness of remediation models in the market;
4. Providing recommendations to promote access to remedy as a key component of sustainable business operations.

The Researcher will work under the guidance and supervision of the Business and Human Rights National Specialist and in collaboration with support from project team members, including at the regional level. Specific results to be achieved by the IC are listed below.

1. Produce a research plan in consultation with BHR National Specialist. This result comprises the following major tasks:

• Conduct preliminary desk research to identify key data points, themes and references;
• Based on preliminary research, propose the different chapters to be included in the knowledge product and outline their contents, which shall focus on Pillar 3 of the Guiding Principles;
• Create a research approach and structure, and outline the specific activities to be undertaken, suitable to accomplish the deliverables 2 and 3 listed below;
• Draft a synopsis or abstract of expected findings that will be made into a communications product on social media to highlight the research being conducted

2. Issue Brief on ‘Malaysia: Remediation in Medical and Safety Equipment Industry’. This result comprises the following major tasks:

• Presentation and update of the current state of human rights in the medical and safety equipment industry, focusing on rubber production;
• Analysis of existing trends, challenges and strategies;
•  Identify and assess cases including key challenges that impede human rights processes;
• Assess the effectiveness of remediation models in the market;
• Provide recommendations to promote access to remedy as a key component of sustainable business operations to the industry, businesses and other relevant stakeholders.

3. Validate research findings and finalize Issue Brief. This result comprises the following major tasks:

• Validate research findings through peer-review, including by UNDP Business and Human Rights unit at the regional level;
• Finalise Issue Brief.

Expected Outputs and Deliverables

Final Brief in a layout and format ready to be published (printing costs are not expected to be borne in this IC contract).

The consultant will use their equipment and software.

Intellectual Property

All information and production of the knowledge product 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 Arrnagements

The Researcher will work under the overall guidance of the Business and Human Rights Specialist, Governance Team and the UNDP Business and Human Rights regional team.   

Fortnightly reporting will be required, and each deliverable shall be presented to the Business and Human Rights Specialist for review and approval.

The project will not be required to provide any facilities or other support, though the Business and Human Rights Specialist or other team members may provide guidance.

Duration of Assignment, Duty Station and Expected Places of Travel

Duration

The assignment is estimated to commence on 30 October 2020. The assignment will need to be completed by 18 December 2020 at the latest, up to a maximum of 45 working days.

Duty Station

The consultancy will be home-based and consultation and shall set-up a schedule to engage with the project team through video conferencing or other remote communication tools.

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 the 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 – 20% upon submission and approval of Deliverable 1 (“Research Plan and Synopsis”)
• Second Tranche – 50% upon submission and approval of Deliverable 2 (“Draft study”)
• Third Tranche – 30% upon submission and approval of Deliverable 4 (“Final Issue Brief, inclusive of recommendations”)

Corporate Competencies:

• Demonstrates integrity by modelling the UN’s values and ethical standards;
• Promotes the vision, mission, and strategic goals of UNDP;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Treats all people fairly without favouritism.

Management and Leadership:

• Consistently approaches work with energy and a positive, constructive attitude;
• Demonstrates good oral and written communication skills;
• Demonstrates openness to change/comments/suggestions and ability to manage.

Required Skills and Experience

The Researcher should possess the following expertise and qualifications :

Education and Experience

• Advanced university degree (Master’s or equivalent) or PhD in law, governance, anthropology, social science, political science, international development, international affairs, business management, or related discipline(s);
• Minimum 5 years of research experience in documenting human rights or social development themes and issues, 7+ years is desirable;
• 4+ years of work experience related to business and human rights is desirable;
• Demonstrated understanding of socio-political situation and experience in Malaysia, on a wide range of business and human rights issues, with various types of stakeholders (e.g. government, NHRIs, businesses, civil society);
• Demonstrated capacity to conduct multi-discipline, cross-sectoral research;
• Expertise in writing and documenting research reports, issue or policy briefs.

Skills

• 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.

Language

• Proficiency in English and knowledge of Bahasa Malaysia is desirable.

DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS

Interested individual applicants must submit the following documents/information to demonstrate their qualifications:

1. Document 1 :Annex 1:Letter of Confirmation of Interest and Availability at http://www.my.undp.org/content/dam/malaysia/docs/Procurement/Letter%20of%20Interest%20_Annex%201.docx?download
2. Document 2: Technical Proposal: Brief description of why the individual considers themselves as the most suitable for the assignment, and a methodology on how they will approach and complete the assignment. 
3. Document 3:Financial Proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs, as per template provided.  If an Offeror is employed by an organization/company/institution, and 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. The template at https://my.undp.org/content/dam/malaysia/docs/Procurement/Financial%20Proposal1.docx   
4. Document 4: Personal CV or P11 including areas of expertise and past experiences in similar projects and at least three (3) references at http://www.my.undp.org/content/dam/malaysia/docs/Procurement/P11%20for%20SC%20&%20IC.doc?download
5. Document 5: Three (3)  samples of previous publications;
6. Please submit this information in one file as Document 1, 2, 3, 4  and 5.The system will only accept one attachment , please merge all documents and submit as one file.
7. Applicants must reply to the mandatory questions asked by the system when submitting the application.
8. Candidates who fail to submit all the information requested above will be disqualified.

How to Apply:

• Kindly download the Letter of Confirmation of interest and availability, Financial Proposal Template?and General Terms & Conditions mentioned below;
• Read and agree to the General Terms & Conditions (refer to below link);
• Click the ‘apply’ icon and complete what is required;
• Scan all documents into 1 pdf folder and then upload;
• For clarification question, please email to [email protected]. The clarification question deadline is three (3) days before the closing. When emailing for clarification questions, please put “MyIC/2020/050″as the subject matter.

General terms & conditions to be downloaded:

• The General Terms & Conditions?for Individual contract is available at: http://www.my.undp.org/content/dam/malaysia/docs/Procurement/General%20Conditions%20of%20Contract%20for%20IC.pdf?download

Reimbursable Loan Agreement (RLA): A legal instrument between UNDP and a Company/institution, according to which, the latter? ? makes available the services of an individual delivering time-bound and quantifiable outputs that are directly linked to payments

• The General Terms & Conditions for Reimbursement Loan Agreement is available at:http://www.my.undp.org/content/dam/malaysia/docs/Procurement/Reimbursable%20Loan%20Agreement%20_%20Terms%20&%20Conditions.pdf?download? 

Incomplete proposals may not be considered. Only short-listed candidates may be contacted, and successful candidates will be notified.

Criteria for Selection of the Best Offer

Evaluation Method and Criteria

Only candidates which 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]
• A 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 100 points)

• Criteria 1: Education – Max 15 points;
• Criteria 2: Working experience – Max 40 points
• Criteria 3: Analytical, research and writing abilities – Max 35 points
• Criteria 4: 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 the technical evaluation above, offers will be evaluated per the Combined Scoring method:

            a)  Technical evaluation (70%)

            b)  Financial evaluation (30%)

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

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, aboriginal groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.