Individual Consultant to Undertake a Legal Gap Analysis on Business and Human Rights - Sri Lankans only

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Application deadline 3 years ago: Wednesday 9 Sep 2020 at 23:59 UTC

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Contract

This is a National Consultant contract. More about National Consultant contracts.

Background

The United Nations Development Programme (UNDP) envisages supporting the Government of Sri Lanka to promote the implementation of the UN Guiding Principles on Business & Human Rights in Sri Lanka. As part of its commitment towards strengthening the implementation of the Guiding Principles in the Asia-Pacific region, the UNDP Regional Hub UNDP is implementing from January 2020, the project, Business and Human Rights in Asia: Enabling Sustainable Economic Growth through the Protect, Respect and Remedy Framework.

While Business & Human Rights will be a new initiative undertaken by the UNDP Sri Lanka country office, it’s Access to Justice Programme has supported the GoSL on the development and implementation of policy, law reform and strengthen the capacities of stakeholders within the Justice Sector. Through its flagship portfolio on SDG 16 on Peace, Justice and Strong Institutions 2019 – 2022, UNDP has expanded its programme of support by adopting an all- encompassing/holistic approach to its programme of support on Governance.

The B & HR agenda that is premised on the notion of ‘responsible development’ lends itself well to the pursuit of the developmental priorities for the country by reiterating its commitment to being recognised as a compliance driven competitor in the global market.

A dialogue around business and human rights is gradually evolving in Sri Lanka, with stakeholders including consumers, manufactures, business leaders and civil society becoming increasingly aware of the risks associated with economic growth, and progressively raising concerns and highlighting the need to mitigate such risks. Governments across the region too acknowledge that a rights-oriented approach can in fact enable new levels of trade and foreign direct investment (FDI) required to achieve sustainable development.

Despite the potential for investment, Sri Lanka is grappling with the difficult task of attracting new investors, given a drop-in investor confidence. This may be attributed to the Easter Sunday attacks, political instability, and on-going concerns pertaining to human rights and labour rights issues, which remain largely unaddressed.

Therefore, the country must align itself with internationally accepted standards and human rights frameworks such as the UN Guiding Principles on Business and Human Rights. If this is successfully implemented, the country will have a strategic advantage and will be able to achieve the vision of the government to ‘make Sri Lanka the most preferred destination for sustainable investment in Asia’.

SCOPE AND OBJECTIVES

The aim of the study is to develop a baseline assessment of the human rights related risks in the context of business operations in Sri Lanka, and the corresponding human rights protections – or gaps in protection – within the jurisdiction of the different state actors (including relevant Ministries) and other actors as relevant. Further, the study hopes to shed light on, whether Sri Lanka has the adequate legal measures in place to protect against human rights abuses in the context of business operations.

A main objective the study is to contribute to the evolving policy dialogue on the role of B&HR by defining the levels of accountability across different actors who are mandated to protect and respect human rights. The study will look at determining the levels of ownership among state and non-state actors which will have a direct impact on upholding the rights of citizens when faced with a violation, within the framework of their mandate.

Against this backdrop, the need to review relevant laws, policies and regulations in the country to protect Sri Lankans from the adverse human rights impacts of business activities, whilst also identifying both judicial and non-judicial mechanisms in place is imperative. Therefore the consultant will undertake this review whilst also identifying any legal reforms required. Consultations with key stakeholders will be necessary to a thorough review.

For this purpose, UNDP is looking to hire a consultant to achieve the below objectives,

  1. Review the existing legislative framework namely, laws, policies and regulations in Sri lanka related to the negative impact of business activities on human rights and the role of the UN Guiding Principles, and;
  2. Consult with stakeholders, including rights holders, on the utility of these laws and the ability or willingness of duty-bearers to enforce them;
  3. Identify judicial and non-judicial remedies and legal reforms needed to address the negative impact of business activities on human rights and the role of the UN Guiding Principles.

Duties and Responsibilities

Expected Outputs/Deliverables

  1. Submission of inception report including a plan of activities with timeline and tools for the review;
  2. Submission of first draft, capturing the review and assessment of Sri Lanka’s existing legislative, judicial and non-judicial mechanisms available for access to remedy for victims of corporate human rights abuses and violations;
  3. A follow up validation workshop, upon incorporation of feedback and submission of final report.

TIMEFRAME

The envisaged timeframe of the consultancy is 3 months.

Competencies

The prospective consultant should have:

1) Technical Competencies

  • A good understanding of the governance structure and the legal frameworks and systems in the country;
  • Strong background in research. Demonstrated knowledge of human rights issues, business & human rights and workers’ rights;
  • Excellent writing, IT and communication skills;
  • Strong analytical skills.

2) Partnerships

  • Proven networking, team building, organizational and communications skills;
  • Ability to engage effectively with relevant partners and other implementing agencies.

3) Behavioural Competencies

  • Ability to plan, organize, implement and report on work;
  • Positive & constructive attitude to work, effective problem solving, self-improvement, analysis and synthesis;
  • Openness to change and ability to responds positively to feedback and differing points of view and integrates & updates accordingly; adaptability, creativity;
  • Demonstrates integrity and ethical standards & maintains confidentiality;
  • Displays cultural, gender, religion, race, nationality, age sensitivity and adaptability.

Required Skills and Experience

Education:

  • Minimum Master’s Degree in law/human rights/international relations/development studies/ business studies/social science or any other related field in social science.

Experience:

  • Minimum 10 years of experience in research on law, human rights or workers’ rights; experience working with CSOs, NGOs, INGOs or any UN agencies;
  • Experience in human rights research, data collection, analysis and report writing;
  • Familiarity and prior experience in working in accordance with policies and guidelines of UNDP or a similar development agency is an asset.

Language Proficiency:

Fluency in written and spoken English and Sinhala language and ability to writing report as required

HOW TO APPLY

The application should contain:

  • Cover letter explaining why you are the most suitable candidate for the advertised position and a brief methodology on how you will approach and conduct the work.
  • Updated CV to include qualifications/competencies and relevant past experience in similar projects and contact details of 3 professional referees who can certify your competencies, professionalism, quality of writing, presentation and overall suitability to this TOR
  • Individual consultants will be evaluated based on a combimation of factors including cover letter, the credentials on offer and brief interview (optional) and the offer which gives the best value for money for the UNDP.
  • Please send the Financial Proposal separately to the following e-mail address: consultants.lk@undp.org stating the vacancy number/position in the subject line.

FINANCIAL PROPOSAL

All Inclusive Lump Sum Fee: LKR (_______________________________________)

Or

All Inclusive Daily Fee: LKR (_____________________________________)

Amount in words: (Rs.___________________________________________________________)

Note: Payments will be based on invoices on achievement of agreed milestones i.e. upon delivery of the services specified in the TOR and certification of acceptance by the UNDP. The applicant must factor in all possible costs in his/her “All Inclusive Lump Sum Fee” including his/her consultancy and professional fee, travel (economy class flights is required to and from the Duty Station) honorarium, board and lodging, and any other foreseeable costs in this exercise. No costs other than what has been indicated in the financial proposal will be paid or reimbursed to the consultant. UNDP will only pay for any unplanned travel outside of this TOR and Duty Station on actual basis and on submission of original bills/invoices and on prior agreement with UNDP officials. Daily perdiums and costs for accommodation/meals/incidental expenses for such travel shall not exceed established local UNDP DSA rates.

For an Individual Contractor who is 65 years of age or older, and on an assignment requiring travel, be it for the purpose of arriving at the duty station or as an integral duty required travel under the TOR, a full medical examination and statement of fitness to work must be provided. Such medical examination costs must be factored in to the financial proposal above. Medical examination is not a requirement for individuals on RLA contracts.

PAYMENT FOR SERVICES

Payments will be based on milestones certified by the Team leader,

Payment Milestones will be as follows:

  • Deliverable 1: Upon the acceptance and approval of the Inception Report by UNDP Business and Human Rights specialist – 30% of the payment;

  • Deliverable 2: Upon the acceptance and approval of the 1st Report, as described under section C, by UNDP Business and Human Rights specialist – 50% of the payment ;

  • Deliverable 3: Upon the acceptance and approval of the Final Report, as described under section C, by UNDP Business and Human Rights specialist – 20% of the payment.UNDP is committed to achieving diversity within its workplace, and encourages all qualified applicants, irrespective of gender, nationality, disabilities, sexual orientation, culture, religious and ethnic backgrounds to apply. All applications will be treated in the strictest confidence.

Added 3 years ago - Updated 3 years ago - Source: jobs.undp.org