Business and Human Rights Consultants (National Experts)

Up to 2 persons.

Background

Through its Democratic Governance Programme, UNDP Ukraine assists the Government of Ukraine (GoU), civil society and people of Ukraine in advancing democratic policies and practices needed to accelerate progress on sustainable human development and human rights promotion. This includes advocating for human rights and gender equality, supporting anti-corruption efforts, ensuring that all Ukrainian citizens can protect their rights, strengthening parliament, and empowering civil society and youth activists.

In addition to that, since the very beginning of the COVID-19 outbreak, UNDP Ukraine has been providing support to the Government to prepare, respond and recover from the pandemic. This support focuses mainly on strengthening capacities of the crisis management governance structure supporting key government institutions to transition to working online, strengthening the crisis communications and outreach capacities of the government institutions by using UNDP’s broad-based partner network in the country, both at the national and regional/local level. UNDP is also providing technical expertise to the leadership of the Office of the President on the alignment of national government strategies and programmes with the Agenda 2030 with gender equality as critical to delivering on all the SDGs.

UNDP Ukraine is also involved in economic recovery, private sector development and climate change adaption through other portfolio and through various projects. It is key that the B+HR interventions ensure linkages to these projects and explore synergies.

The lack of decent and well-paid job opportunities is one of the biggest challenges in Ukraine resulting in out-migration, and Ukrainians being “forced” to take up jobs that are better paid in the massive informal sector without any social protection instead of working in their field of expertise. There is a significant risk of wasted talents and skills that can hamper the sustainable development of Ukraine. According to official statistics in Ukraine, in 2019 3,46 million people in Ukraine were employed in the informal sector which equals 20,87 per cent of the total number of population in employment, 16,6 million. The State Statistics Service reported that the level of the “shadow” economy in Ukraine in recent years is in the range of 16-19 per cent of the GDP. Persons who are employed in the informal sector are particularly vulnerable to forced labour and human rights exploitation. Many Ukrainians decide to migrate for various reasons including lack of decent job opportunities. Ukraine thus continues to face a significant depopulation as millions of citizens migrate in search of decent jobs and improved living conditions. Because of these dynamics, the population of Ukraine is projected to drop from 43.7 million in 2020 to 35.2 million in 2050, a 19.5 per cent decline.

As EU legislators, EU investors and clients are furthering the implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) and moving towards mandatory human rights due diligence procedures in 2021, it is of utmost important for Ukraine to be in step up with this effort. Stepping up the UNGPs implementation and “responsible business conduct” could bring massive benefits for Ukraine in the form of decent job creation, addressing outward-migration, economic sustainable and equitable growth, improved livelihoods, women’s economic empowerment and reduced inequalities and progress in all SDG indicators. Ignoring this opportunity which will change the EU foreign investment climate and trade significantly could produce the opposite effects, and further worsening the situation for Ukraine and Ukrainians.

Duties and Responsibilities

2. DESCRIPTION OF RESPONSIBILITIES / SCOPE OF WORK

With this pre-inception phase UNDP wants to properly inform and design the implementation of a larger new 3-5-year project aiming stepping up the implementation of the UNGPs. The research will provide the necessary evidence-based qualitative baselines, key findings, recommendations and options to consider, to tailor the design and intervention logic of a long-term business and human rights project. Data will be gathered through desk review, stakeholder consultations, key-informant interviews and focus group discussions. Desk research of legislation, policies and practices, as well as capacity assessments, sector and market analyses will be carried out, thus establishing up-to-date baselines for monitoring and evaluation. UNDP will apply a multi-stakeholder approach to ensure a strong local ownership, relevance and sustainability of future interventions leaving no one behind.

The study’s aim is two-fold:

? To identify gaps/needs for enterprises adhering to “responsible business conduct” and assess where there may be particular prospects for decent jobs and sustainable growth. Based on the proposal of the consultant(s) and economic experts at UNDP Ukraine, the study will analyse sectors, such as the ICT sector, the energy and/or the agricultural sectors and present options on how they may be able to scale up their business operations while respecting human rights (and environmental protection), due diligence, and implementing the UNGPs. The data will inform the design of a long-term B+HR project and suggest possible pilot sectors / markets to target and interventions needed.

? To identify market and investment opportunities for business enterprises that are ready to adhere to “responsible business conduct.” This part of the assessment will explore an international trade dimension and explore further export and trade with e.g. the EU and EU investors in light of rapidly changing legislative framework in the EU and EU Member States towards mandatory human rights and environmental protection due diligence. This data will also inform the design of a long-term B+HR intervention and will be useful for businesses to stimulate and accelerate their growth whilst at the same time adhering to the UNGPs, and the future requirements from EU investors.

The following tentative outline presents an indicative workplan and deliverables of the consultant(s):

a. Inception phase (August 2021)

At the kick-off meeting the consultant(s) will present his/her / their suggested approach and methods incl. for the potential key sector, market and trade analyses to be discussed and agreed upon with UNDP Ukraine. Following the kick-off meeting, the consultant(s) will conduct a background desk research, map and analyse already existing sector, market and trade analyses from a B+HR lens, the gaps, needs and opportunities. It will be key that the consultant(s) seek to explore how s/he / they can provide up-to-date accurate qualitative data and complement the National Baseline Assessment on B+HR of 2019 (NBA).

The background / desk research and possible first round of key informant interviews will help the consultant(s) in their further planning of key-informants to interview. S/He / They will draw out a detailed workplan which will include a possible field trip and further finetune the approach and methods. This will be discussed with UNDP under the supervision of the Senior Democracy and Human Rights Advisor and the PM. The Senior Democracy and Human Rights Advisor and the PM will ensure, that all relevant UNDP Ukraine staff from other portfolios (incl. economic recovery experts) and possible key experts from other key UN agencies also provide technical advise and peer inputs as deemed relevant, and ensure synergies to other projects are fully explored. In addition, the IRH will be invited to provide peer review to the inception report and the suggested approach and methods.

This output deliverable will be an inception report (on maximum 15 pages, excluding annexes).

b. Data collection and analyses phase (September 2021)

Based on the initial desk research, the consultant(s) will continue gathering qualititave data from key informant interviews and focus group discussions. It will be key that the consultant(s) reach out to UN Global Compact, the business associations, and the various stakeholders (GoU, the corporate sector, academia, CSOs, and international development partners) to collect and analyse the sectors, the gaps, the needs and market / investment opportunities. If possible, the consultant(s) will field a mission to meet with companies and stakeholders in and outside Kyiv.

The data collection and analyses phase will qualify the National Baseline Assessment (NBA) of 2019 to gather accurate and up-to-date data on sector and market barriers and opportunities.

The observations of the data collection and analyses phase will be presented by the consultant(s) at an (online) valididation workshop before the UNDP Ukraine team and the IRH. This may also include possible other stakeholders, such as the GoU, business representatives/associations, CSOs, international development partners and other key stakeholders.

The oral feedback to the observations or preliminary findings and possible recommendations presented at the validation workshop together with peer reviews of the Senior Democracy and Human Rights Advisor, the PM and the IRH will feed into the reporting phase of the consultant(s).

This output deliverable will be a presentation of the preliminary findings and recommendations at the validation workshop.

c. Reporting phase: Write up of draft report, final report and presentention of key findings and recommendations at multi-stakeholder event (October and primo November 2021)

The phase will be devoted to the further write-up of the analyses and reporting on the key findings and recommendations into a draft and final report. It is als expected that the team will debrief UNDP Ukraine and present the key findings and recommendations of the study at a multistakeholder meeting, which is likely to be online.

The final report should include no more than 10-15 recommendations, which should be operational for future interventions. The draft and final report will be subject to a peer review by UNDP Ukraine and the IRH, before final approval from UNDP Ukraine.

The output deliverables will be a draft and final report and a PPt presentation of the key findings and recommendations at a multi-stakeholder meeting.

3. DELIVERABLES AND IMPLEMENTATION SCHEDULE

The deliverables are expected within a period of August to December, 2021.

Deliverable #

Task description

Deadline

Deliverable 1

Conduct a kick-off meeting with UNDP to present his/her / their suggested approach and methods incl. for the potential key sector, market and trade analyses;
Conduct background desk research, map and analyse already existing sector, market and trade analyses from a B+HR lens, the gaps, needs and opportunities;
Draw out a detailed workplan whith a possible field trip and further finetune the approach and methods of key-informants to interview;
Prepare an inception report.

31 August, 2021

Deliverable 2

Based on the initial desk research continue gathering qualititave data from key informant interviews and focus group discussions;
Collect and analyse the sectors, the gaps, the needs and market / investment opportunities. If possible field a mission to meet with companies and stakeholders in and outside Kyiv;
Present observations of the data collected to the UNDP Ukraine team and the IRH at an (online) valididation workshop .

30 September, 2021

Deliverable 3

Write up a draft of final report on the key findings and recommendations, get it approved and accepted by UNDP.

10 November, 2021

Deliverable 4

Presentent key findings and recommendations at multi-stakeholder event .

30 November, 2021

4. MONITORING/REPORTING REQUIREMENTS

The consultant(s) will be responsible for the entire work. The consultant(s) shall present written monthly 1-2 pages summaries on the status of the work to the Senior Democracy and Human Rights Advisor and the Project Manager of the Business and Human Rights (BHR) in Ukraine Project.

The payments shall be arranged upon completion, presentation and acceptance ofwritten reports by UNDP as listed in the table above.

All documents should be transmitted to UNDP electronically (formats of * .docx, * .xlsx, * .pptx, * .pdf or other commonly used formats) in the English language. UNDP will provide payments upon provision of deliverables duly certified by UNDP per the table above.

The payment shall be arranged in stages in accordance with the proposed payment scheme below and upon acceptance of the deliverables based on quality control and acceptance of recommendations. The Contractor shall comply with the quality assurance system of UNDP, and provide the necessary information, reports and statistics according to a preliminary determined schedule or as soon as possible (within a reasonable period of time).

In particular, the payment schedule will be as follows:

Deliverable 1 – 25%
Deliverable 2 – 25%
Deliverable 3 – 25%
Deliverable 4 – 25%

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, ethnic, nationality and age sensitivity and adaptability;
Treats all people fairly without favouritism;
Fulfills all obligations to gender sensitivity and zero tolerance for sexual harassment.

Required Skills and Experience

5. EXPERIENCE AND QUALIFICATIONS REQUIREMENTS

An advanced university degree in Economics, Political science, Sociologoly or relevant social sciences field;
Expert knowledge of private sector development, sustainable economic development, economic growth, economic recovery, sector and market analyses; At least 5-10 years of experience with conducting relevant research, analysing and presenting data and providing writeups and/or research studies for international organizations, INGOs, or other relevant entities;
Knowledge of trade and export with the EU would be an asset;
Knowledge of business and human right and private sector environmental protection will be an asset;
Knowledge of the political, economic and social developments trends in Ukraine, and some experience in working with the international community and the UN in Ukraine will be an asset.
Proven track record of analytical capacity, as evidenced by at least 2 relevant examples including reports, analytical memos, background notes and other knowledge products (Ukrainian or English);
Fluency in English and Ukrainian at native language proficiency.