To Support Development of a Business and Human Rights National Policy

Contract

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

Background

Sierra Leone is a party to seven of the nine core international human rights treaties and key regional human rights treaties. The country has made significant progress in domesticating international human rights norms and developing the policy environment for the protection of fundamental human rights. The Human Rights Commission of Sierra Leone (HRCSL) has the statutory mandate for ensuring the protection and promotion of fundamental human rights in Sierra Leone in collaboration with relevant partners. Through the Capacity Strengthening of the HRCSL Project, which is jointly funded by the Embassy of Ireland and UNDP, the Commission has undertaken several initiatives to deliver on its mandate.

The issue of business and human rights (BHR) is gaining currency in Sierra Leone, like elsewhere in contemporary sub-Saharan Africa. In the aftermath of the civil conflict, national reconstruction strategy placed considerable emphasis on the search for investors to support development and economy growth. Successive governments have embarked upon several development initiatives with the objective of creating an enabling climate to attract foreign direct investment (FDI). Consequently, multinational companies secured operational licenses, especially those in the extractive sector where the country has a comparative advantage because of its natural resource endowment in minerals and agriculture due to the vast track of fertile lands. However, ample evidence exist to illustrate that the combined operations of companies in the mining and agricultural sectors have had serious implications for the enjoyment of human rights in the country.

Cognizant of this state of affairs regarding violations of human rights by big businesses, and in view of its mandate, the HRCSL sought assistance of international partners to develop its own capacity on issues of BHR to enable it to monitor and hold businesses and other actors accountable for violations. Further, the Commission has trained selected MDAs, CSOs, and engaged some big businesses on how to address issues of protection of rights in the context of business. In 2012, with funding from UNDP, the HRCSL conducted a public inquiry on alleged human rights violations by big businesses and other state actor[1]. In 2017, HRCSL carried out a baseline studies on Business and Human Rights practices in the country[2] followed by first national conference on BHR and the setting up of the steering committee.

A second survey of informal businesses in 2021 revealed the negative impact of informal businesses on human rights and the need for sustained outreach and training of stakeholders on the United Nations Guiding Principles on BHR and related documents. Some of the findings revealed that, about 45% of 17 companies were paying salaries below the statutory minimum wage, 10 companies do not provide leave with pay, about 95% of workers interviewed show that they do overtime without pay and 95% of workers are not guaranteed retirement or end of term benefit while only 30% of companies pay NASSIT contribution together with workers’ salary. The key recommendations, among others, stated the need for government to monitor the activities (contracts, work hours etc.) of small businesses especially in the informal sector and ensure they abide by basic human resources rules. It further recommended the active involvement of Ministries Departments and Agencies (MDAs) by ensuring citizens’ rights are promoted, protected and respected by business operatives in the country. During a training on BHR in June 2022, participants from various Ministries, Departments and Agencies (MDAs), shared the view that there is need to ensure the BHR sector is effectively regulated through a comprehensive national policy as well as the need for the development of a National Action Plan on Business and Human Rights (BHR).

Accordingly, UNDP seeks to recruit and utilise the services of a National Consultant (IC) who will work with a wide network of national stakeholders to lead and support the development of a Business and Human Rights National Policy.

Purpose of the Consultancy

The purpose of the consultancy is to support the development of a gender sensitive national policy on BHR to regulate the operations of both largescale businesses and informal businesses impacting on human rights in Sierra Leone.

Application Process

Applicants are requested to apply online at http://jobs.undp.org by 8th September 2022. The application document can be accessed on https://procurement-notices.undp.org. Candidates are invited to submit applications together with their CV for these positions. UNDP applies a fair and transparent selection process that will consider the competencies/skills of the applicants as well as their financial proposals. Qualified women and members of social minorities are encouraged to apply. Interested applicants should send an email to: [email protected] for any inquiries

Duties and Responsibilities

In collaboration with relevant partners, the Consultant will perform the following functions:

1. Conduct a comprehensive review of existing domestic legal and regulatory frameworks which have bearing on BHR, inter alia, on land and the environment, as well as international best practices.
2. Carry out a comprehensive stakeholders’ consultation and engagements to elicit vital information and ensure their unique perspectives are reflected into the national policy on BHR.
3. Organise and facilitate a one-day stakeholders’ validation session of the national policy on BHR.

S****/N

Deliverable

Timelines

Payments

1

An inception report developed detailing a well-thought-out methodology, strategies and work plan of the consultancy.

4 days

20%

2

A comprehensive review of BHR-related legal and regulatory frameworks as well as stakeholders’ consultation carried out and a draft national policy on BHR submitted.

25 days

50%

3

Organise one-day stakeholders’ validation session of the draft national policy on BHR and submission of final report

6 days

30%

Total

35 Days

100%

Competencies

Corporate Competencies

Displays cultural, gender, religion, race, nationality, and age sensitivity and adaptability; Demonstrates diplomacy and tact in dealing with sensitive and complex situations; Strong communication, team building, interpersonal, analysis, and planning skills.

Professionalism

Effective communication Problem Solving skills Demonstrated ability to negotiate and apply good judgment; Shows pride in work and in achievements; Is conscientious and efficient in meeting commitments, observing deadlines and achieving results.

Planning & Organizing

Organizes and accurately completes multiple tasks by establishing priorities while taking into consideration special assignments, frequent interruptions, deadlines, available resources and multiple reporting relationships; Plans, coordinates and organizes workload while remaining aware of changing priorities and competing deadlines;

Establishes, builds and maintains effective working relationships with staff, partners and beneficiaries to achieve the planned results.

Required Skills and Experience

• Advanced university degree in Public Policy, Development Studies, Political Science, International Human Rights or Law.
• Minimum seven (7) years of relevant experience in supporting reviews and development of national or institutional policies, laws and strategic documents relating to human rights protection and promotion, rule of law and gender empowerment.
• Demonstrate mastery of international and regional normative frameworks and mechanisms on BHR, in particular the UN Guiding Principles on BHR, etc.
• Demonstrate knowledge of contemporary issues confronting environmental protection and the BHR sector.
• Experience in developing training methodologies and facilitation of large and small group
• Demonstrate experience in working with a variety of stakeholders;
• Basic gender understanding, skills, experience and commitment;
• Excellent writing and oral communications skills;
• Strong analytical skills, and experience of presenting complex technical information in an easily comprehensible way.