Historique
India is the world’s second-largest producer of sugar as well as the leading consumer of it. The context in which sugar production in India occurs presents a broad range of challenges, including both historical labour challenges as well as current economic ones. Labour rights violations feature heavily among news items and are exacerbated by the weak implementation of national laws and the growing size of the industry. Furthermore, there are reports of workers in the supply chains subject to bonded labour, denied the national minimum wage, and forced by circumstances to have their children work alongside them. Informal workers are at risk of dangerous working conditions and in some instances, employer abuse. According to statistics, labour rights abuses are increasing, while land, environment and community rights are weakening[1]. Despite the adoption of new legislation in 2013 to mitigate the problems caused by public and private sector land acquisition, the 2017 Universal Period Review process undergone by India[2] highlighted that the number of land rights violations continue to rise. Land rights abuses, by both government and private sector actors, represent a daunting obstacle in the Business and Human Rights agenda in India
[1] See India among ‘worst’ countries for workers’ rights, Hindu Times, updated on January 20, 2018, accessed at https://www.thehindubusinessline.com/economy/india-among-worst-countries-for-workers-rights/article8756695.ece; see also, Human Rights Watch, World Report 2018, India, accessed at: <https://www.hrw.org/world-report/2018/country-chapters/india>; Amnesty International, India 2017/2018, accessed at: https://www.amnesty.org/en/countries/asia-and-the-pacific/india/report-india/
[2] Third Cycle: Universal Periodic Review – India. Available at https://www.ohchr.org/EN/HRBodies/UPR/Pages/INIndex.aspx
The UN Guiding Principles on Business and Human Rights
The United Nations Guiding Principles on Business and Human Rights (UN Guiding Principles) is widely recognized as the most authoritative, normative framework guiding efforts to reduce or eliminate the adverse impact of business operations on human rights. The UN Guiding Principles do not promulgate new obligations but rather re-state and clarify a set of focused commitments under existing international human rights law. They set out and detail a ‘Protect, Respect, and Remedy’ framework to address human rights risks in the context of business operations. Importantly, the UN Guiding Principles delegate responsibilities for business to share in the overall scope of activities in support of human rights.
The UN Guiding Principles requires businesses to 1) ‘do no harm’ (avoid causing or contributing to adverse human rights impacts); 2) to carry out appropriate human rights due diligence measures, and; 3) to otherwise prevent or mitigate adverse human rights impacts linked to their operations, products or services, among other actions. The UN Guiding Principles framework also requires states to ensure that people impacted by business operations have access to an effective remedy when human rights abuses occur. Businesses also have responsibilities under the remedy pillar to provide for legitimate, accessible, predictable, equitable, and transparent grievance mechanisms, to ensure disputes are addressed early and remediated directly. These mechanisms can serve to identify adverse human rights impacts as a part of an enterprise’s human rights due diligence efforts.
Strengthening human rights in business operations requires committed engagement from business leaders, government authorities and civil society champions. Business is not a passive actor in efforts to implement the UN Guiding Principles. Some businesses in Asia have been pressuring governments to take action to help clean up industries and create a level-playing field for several years now. The voice of the private sector is by some accounts the most valuable advocacy tool at the disposal of champions for human rights in business operations. Furthermore, many business leaders embrace the UN Guiding Principles as providing clarity to what is expected of them and their respective industries.
Human Rights and India’s Sugar Industry
Various studies have provided an in-depth understanding of the labour conditions in India’s sugar supply chain, flagging the most prominent human rights abuses. Many of these reports[1] flag the poor living conditions of workers that live in temporary hutments with no necessary infrastructure, and cases of underpayment and overwork. Concerns on land rights have been stated as alarming, mainly given India’s weak regulatory frameworks and decentralised enforcement.
[1] Srishti Agnihotri, LSE, 2015. Available at https://blogs.lse.ac.uk/humanrights/2015/12/16/the-bitter-aftertaste-of-sugar/
The United Nations Development Programme (UNDP), is the lead UN agency on the Sustainable Development Goals and helps to convene stakeholders, such as businesses, government agencies and civil society, and assists in leveraging their energy and assets towards mutual aims, while also designing and delivering project-based solutions able to advance the implementation of the UN Guiding Principles. UNDP is committed to reducing human rights risks and impacts in supply chains in India through its regional programme, “Business and Human Rights in Asia: Promoting Responsible Business through Regional Partnerships (B+HR Asia)”. India is one of the priority countries for the B+HR Programme. UNDP’s Country Office in India has a long-standing engagement with the government, the National Human Rights Commission of India, CSOs and other civil society actors and has provided technical assistance to the Ministry of Corporate Affairs (MCA) in updating the “National
Guidelines on Responsible Business Conduct (NGRBC).” The revised National Guidelines include a specific chapter on Human Rights Promotion and Protection and make strong references to the UN Guiding Principles. Furthermore, UNDP is supporting the government of India with the development of a National Action Plan on Business and Human Rights.
Building on B+HR Asia Programme, this project aims at building industry-wide partnerships to promote sustainable and ethical sugar supply chains in India. This project outlines the first step of a collaboration between the two agencies which has the potential to support human rights compliance in India’s sugar supply chains.
Building on B+HR Asia Programme, this project aims at building industry-wide partnerships to promote sustainable and ethical sugar supply chains in India. This project outlines the first step of a collaboration between the two agencies which has the potential to support human rights compliance in India’s sugar supply chains.
The Project
The “Road Map to Remedy: Protecting human rights in India’s sugar industry” is a project divided into two overlapping parts and has been designed to address the most salient human rights challenges in India’s sugar industry.
Partnership to Protect Human Rights in India’s Sugar Industry
Activities:
Stakeholder Mapping & Prioritization:
UNDP proposes to conduct stakeholder prioritisation to assess the key actors and influencers in India’s sugar supply chain. The stakeholder mapping and prioritisation will enable UNDP and F&B companies to consult and communicate with appropriate stakeholders to understand the critical business and human rights issues, identify challenges and opportunities on the ground and explore mechanisms to access remedy. Active engagement of stakeholders can streamline expectations among stakeholders, help in establishing effective feed-back loops and thus facilitate better outcomes, therefore resulting in increased perceptions of success. The stakeholder mapping will also place UNDP in a more informed position to mitigate strategic risks. Stakeholder mapping will be conducted in three key sugar-growing regions – Uttar Pradesh in the North, Maharashtra in the West and the three Southern states of Karnataka, Andhra Pradesh and Tamil Nadu.
2. Multi-stakeholder consultation:
A Roadmap to Remedy: UNDP proposes to use it’s convening powers to create a multi-stakeholder platform through consultations to map human rights issues in the sugar supply chain and to co-create a remediation framework for India’s sugar industry. This convening will take place in New Delhi, India in the second quarter of 2020 and will bring on board the private sector with interest in the sugar supply chain, suppliers, distributors, the government and civil society organisations to co-create a framework and deliberate on roles and responsibilities of various stakeholders. The outcome of the convening will be the creation of a roadmap for implementation of a wider strategy to promote access to remedy to affected communities where considerable instances of child labour, forced labour exist. Experienced facilitators in co-creation methodologies will be invited to perform this consultation
[1] See India among ‘worst’ countries for workers’ rights, Hindu Times, updated on January 20, 2018, accessed at https://www.thehindubusinessline.com/economy/india-among-worst-countries-for-workers-rights/article8756695.ece; see also, Human Rights Watch, World Report 2018, India, accessed at: <https://www.hrw.org/world-report/2018/country-chapters/india>; Amnesty International, India 2017/2018, accessed at: https://www.amnesty.org/en/countries/asia-and-the-pacific/india/report-india/
[1] Third Cycle: Universal Periodic Review – India. Available at https://www.ohchr.org/EN/HRBodies/UPR/Pages/INIndex.aspx
Srishti Agnihotri, LSE, 2015. Available at https://blogs.lse.ac.uk/humanrights/2015/12/16/the-bitter-aftertaste-of-sugar/
Devoirs et responsabilités
Under the supervision of Head, Strategic Partnerships at UNDP India Country Office and Business and Human Rights Specialist at Bangkok Regional Hub, the Consultant will support the UNDP India Country Office Partnerships team to deliver the project in line with the outcomes detailed below.
The assignment will be structured around the following two (2) deliverables:
Lead on the stakeholder identification and prioritisation in five Indian sugar-producing states for developing solutions and roadmap to remedy;
Provide inputs to the larger project design aimed at developing a roadmap to remedy human rights issues in Indian supply chains.
Scope of Work
The Consultant shall focus on two main workstreams:
Lead on the stakeholder identification and prioritization for developing solutions and roadmap to remedy
- Identify key stakeholders essential to developing the roadmap to remediation
- Conduct fieldwork in 5 states (Andhra Pradesh, Karnataka, Maharashtra, Tamil Nadu and Uttar Pradesh) to map the key stakeholders in the sugar supply chain to identify the current situation and mitigation processes to address human rights issues in sugar supply chains.
- Prioritise stakeholders to develop partnerhsips to support the ethical sugar supply chain.
- Develop a PowerPoint and a narrative report basis stakeholder identification and prioritisation to report on the findings from the study.
2.Provide inputs to the larger project design aimed at developing a roadmap to remediation of human rights issues in the Indian sugar supply chains.
- Provide inputs and insights into the larger project design for creating the remediation framework for human rights issues in sugar supply chains in India.
The Consultant should possess the following expertise and qualifications:
Compétences
Technical Competencies
Must have proven experience in social/development sector and the private sector engagements;
Must have demonstrable experience in consumer research;
Analytical capacity and the ability to process, analyse big data and collate complex, technical information;
Proven ability to support the development of high-quality research instruments
Multi cultural exposure as a part of consulting experience;
Proven ability to 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 organisational skills.
Qualifications et expériences requises
Required Skills and Experience
The Consultant should possess the following expertise and qualifications:
Essential
Postgraduate Diploma or Master’s degree or equivalent in Anthropology/Sociology/Management;
At least 12 years of total work experience, with at least seven years of managing clients from commercial and development sector;
Demonstrable experience in researching to inform programmatic interventions;
Experience leading research teams across different locations;
Excellent command of research tools and techniques.
The consultant should be able to develop and lead a team of researchers to support data collection and analysis in 5 targeted states.
Desirable
Excellent communication and moderation skills;
Familiarity with Human Rights issues, Sustainable Development Goals,and the UN Guiding Principles on Business and Human Rights
Ability to complete tasks independently and take the initiative, but also work well as part of a team;
Previous relevant experience with international development organisations would be an asset.
Language Requirements: Fluency in written and oral English. Knowledge of other Indian languages is desirable
Payment Terms:
The signing of Contract – 50%
Stakeholder Prioritization report with inputs on larger project design – 50%
Technical Evaluation Criteria: 70%
Financial Evaluation Criteria: 30%
Annexes to the TOR
Annex 1: Offerors Letter to UNDP Confirming Interest and Availability for the Individual Contractor Assignment/Agency
Annex 2: General Terms and Conditions for ICs (in separate document)
Annex 3: P-11 form (in a separate document)
Annex 4: Banking Detail form (in separate document),
General Conditions for Individual Contract-
http://www.in.undp.org/content/dam/india/docs/procurement/UNDP%20General%20Conditions%20for%20Individual%20Contracts.pdf
Offerors Letter to UNDP Confirming Interest and Availability for the Individual Contractor (IC) Assignment, including Financial Proposal template-
For any clarifications, please write to: ic.india@undp.org
Documents to be submitted by Consultant:
1. Offerors Letter to UNDP Confirming Interest and Availability for the Individual Contractor Assignment, kindly quote per day all-inclusive consultancy fee.
2. Updated and signed P-11 form and detailed CV;
3. Filled in and signed Banking details Form with a copy of a cancelled cheque