Background
The United Nations Development Programme (UNDP) is the UN's global development network, advocating for change and connecting countries to knowledge, experience and resources to help people build a better life. We are on the ground in 170 countries and territories, working with governments and people on their own solutions to global and national development challenges to help empower lives and build resilient nations.
The UNDP Asia-Pacific, Governance and Peacebuilding Team, Business and Human Rights Unit, is currently engaged in promoting the implementation of the United Nations Guiding Principles on Business and Human Rights (UNGP) with an initial focus on Southeast Asia. The UNGP clarifies the duty of states and the responsibility of businesses to uphold international norms and treaties on human rights. These Guiding Principles rest on three pillars: 1) the State’s duty to protect human rights; 2) the corporate responsibility to respect human rights and; 3) the joint-responsibility of both the State and businesses sector to provide access to remedy for victims of business-related abuses.
Momentum supporting the implementation of the UNGP through National Action Plans (NAPs) is developing quickly in the Southeast Asian region. In May 2017, the Prime Minister of Thailand affirmed the government's intention to implement the UNGP, starting with the development of a NAP on Business and Human Rights, by signing a declaration of commitment with the Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of Commerce, Federation of Thai Industries, the Thai Bankers Association, the Thai Chamber of Commerce, the National Human Rights Committee of Thailand and the Global Compact Network of Thailand.
Preparations for the drafting of a Thailand NAP on Business and Human Rights are now underway, coordinated by the Ministry of Justice with the support of a multi-stakeholder committee. UNDP has been asked to provide technical assistance and capacity building support to this process. In this context, UNDP seeks a consultant to examine the business impact on the environment in Thailand through a human rights lens, and to make recommendations related to environmental issues for the drafting of the Thailand NAP.
Duties and Responsibilities
Scope of work:
The Human Rights Council recognizes that climate change, unsustainable management and use of natural resources and the unsound management of chemicals and wastes represent threats to the enjoyment of a safe, clean, healthy and sustainable environment, and that environmental degradation has negative implications for the effective enjoyment of human rights. Elsewhere, it has been recognized that certain human rights, especially access to information, participation in decision-making, and access to justice in environmental matters, are essential to good environmental decision-making.
In Thailand, environmental challenges have grown in tandem with economic development. The country faces significant air and water pollution, deforestation, soil erosion, water scarcity, and waste issues, impacting on livelihoods and the enjoyment of basic human rights. These problems are compounded by shrinking civic space and increasing misuse of the judiciary by private interests to harass human rights defenders.
In this context, the Thai Ministry of Justice, Department of Rights and Liberties has requested that UNDP support the drafting of a study on the impact of business on human rights in relation to the environment in Thailand, and on this basis, to craft recommendations for inclusion in the NAP on Business and Human Rights.
The proposed research will be focused on Thailand and Thailand-based businesses, and be drafted in two parts. First, the study will explore how Thai business operations impact on human rights in areas related to land use, natural resource extraction, energy production, water management, and forestry. The study may also include a review of the effect of transboundary environmental challenges on human rights as they relate to pollutants, water management, and trade in environmental resources, and as necessary, an analysis on extra-territorial obligations. The study should consider the ways in which women and indigenous groups have been specifically impacted. It will also be important to examine the extent that Environmental Impact Assessments (EIA), polluter-pay policies, public-private partnerships, precaution, public disclosure, and beneficiary pays and internal grievance mechanisms of the Office of National Resources and Environmental Policy and Planning, have been functioning as a tool for human rights and environmental promotion. Access to environmental information should also be reviewed and considered.
The second part of the study will focus on opportunities to include environmental rights into the National Action Plan on Business and Human Rights to positively impact on environmental rights and promote them through the implementation of the UNGP, for example with the introduction of specific sections in the NAP focused on environmental rights. Well-supported recommendations to the Royal Thai government will be a central part of the study.
Expected Outputs and Deliverables
Specific tasks and responsibilities of the consultant include:
1. Initial plan on proposed steps to develop the research
2. Written report on the proposed methodology
3. Draft research paper
4. Final research product
Institutional Arrangement
A Subject Expert/Institution is expected to conduct the work, who, will be under the direct supervision of the UNDP Bangkok Regional Hub, Business and Human Rights Unit. The methodology and final product will be reviewed by UNDP (Business and Human Rights Unit), UN Environment, and the Thailand Ministry of Justice.
Duration of the Assignment
The research should start by 20 October 2017 and the first cycle of the Work should be completed by 31 December 2017 with possibility of extension; applicants are expected to indicate in the proposal the number of days it will take to complete the assignment. The final report shall be presented in Thai with a summary, including the recommendations, in English.
Duty Station
The duty station is home-based with no travel required. The consultancy will be managed by Crisis Prevention and Rule of Law Specialist at the UNDP Bangkok Regional Hub.
Competencies
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.
Technical Competencies:
- Analytic capacity and demonstrated ability to process, analyse and synthesise complex, technical information;
- Proven ability to support the development of high quality knowledge and training materials, and to train technical teams;
- Proven experience in the developing country context and working in different cultural settings.
Communication:
- Communicate effectively in writing to a varied and broad audience in a simple and concise manner.
Professionalism:
- Capable of working in a high pressure environment with sharp and frequent deadlines, managing many tasks simultaneously;
- Excellent analytical and organizational skills.
Teamwork:
- Projects a positive image and is ready to take on a wide range of tasks;
- Focuses on results for the client;
- Welcomes constructive feedback.
Required Skills and Experience
Educational Qualifications:
The assignment will be contracted to a consultant with experience in the substantive area. The contractor should have the following competencies:
Competencies
- Contractor should have prior experience in doing similar projects;
- Contractor should have experience in editing complex reports and publications;
- Contractor should be familiar with UN writing standards and terminology; and
- Contractor must guarantee timely delivery of output
Qualifications
- Degree in Development, International Relations, Human Rights or related fields;
- At least 2 years’ experience in related work;
- Native-speaker level of written Thai;
- Working-level knowledge of English is a strong advantage;
- Working knowledge on Business and Human Rights is an asset.
Price Proposal and Schedule of Payment :
Consultant must send a financial proposal based on Lump Sum Amount. The total amount quoted shall be all-inclusive and include all costs components required to perform the deliverables identified in the TOR, including professional fee, travel costs, living allowance (if any work is to be done outside the IC´s duty station) and any other applicable cost to be incurred by the IC in completing the assignment. The contract price will be fixed output-based price regardless of extension of the herein specified duration. Payments will be done upon completion of the deliverables/outputs and as per below percentages:
- First instalment: upon satisfactory completion of the 1st and 2nd deliverable (See Section D above) – 50%
- Second instalment: upon satisfactory completion of the 3rd and 4th deliverable (See Section D above) – 50%
In general, UNDP shall not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so using their own resources
In the event of unforeseeable travel not anticipated in this TOR, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and the Individual Consultant, prior to travel and will be reimbursed.
Travel costs shall be reimbursed at actual but not exceeding the quotation from UNDP approved travel agent. The provided living allowance will not be exceeding UNDP DSA rates. Repatriation travel cost from home to duty station in Bangkok and return shall not be covered by UNDP.
Criteria for Selection of the Best Offer
Individual consultants will be evaluated based on the following methodology:
Cumulative analysis
The award of the contract shall be made to the individual consultant 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%). Financial score shall be computed as a ratio of the proposal being evaluated and the lowest priced proposal received by UNDP for the assignment.
Technical Criteria for Evaluation (Maximum 70 points)
- Criteria 1: Relevance of educational background (20 points)
- Criteria 2: possess at least 2 years of experience in related work (20 points)
- Criteria 3: Native speaker level of written Thai (10 points)
- Criteria 4: Have a working level knowledge of English (10 points)
- Criteria 5: Have a working knowledge on Business and Human Rights (10 points)
Only candidates obtaining a minimum of 49 points (70% of the total technical points) would be considered for the Financial Evaluation.
Documents to be included when submitting the proposals:
Candidates wishing to be considered for this assignment are required to submit the following documents to demonstrate their qualifications. Please group them into one (1) single PDF document/ or one ZIP File as the application only allows to upload maximum one document:
- Personal CV or P11, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Candidate and at least three (3) professional references;
- Letter of Confirmation of Interest and Availability with Financial Proposal that indicates the daily rate/fee of the candidate, in US dollars.
Incomplete proposals may not be considered.
Annexes:
Annex I - TOR_ Research Consultant - Environmental Dimensions of Business and Human Rights in Thailand
Annex II- General Condition of Contract
Annex III - Offeror’s Letter to UNDP Confirming Interest and Availability for the Individual IC, including Financial Proposal Template
All documents can be downloaded at : http://procurement-notices.undp.org/view_notice.cfm?notice_id=41340