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TERMS OF REFERENCE (ToR)To produce a report that outlines best practice for effective access to remedy in the global supply chain. The report will be developed using evidence-based learning on effective remedy for migrant workers in the Mauritian supply chain.September 20201. Context Background on Anti-Slavery International Founded in 1839, we are the oldest international human rights organisation in the world. Today, we draw on our experience to work to eliminate all forms of slavery and slavery like practices throughout the world. We are not interested in easy solutions. Instead, we deal with the root causes of slavery and its consequences to achieve sustainable change.We work to end slavery throughout the world. As the oldest human rights organisation in the world, we have over 175 years of experience in successfully combating slavery. Since 1839, we have developed a strong reputation in advancing the political agenda on slavery through cutting-edge research, advocacy, campaigns and work with local communities.We were involved in ending various manifestations of slavery in many corners of the world, including slavery in British colonies, abuses in Belgian Congo, Indian and Chinese ‘coolie’ systems and slavery in Peruvian Amazon.We have projects in the UK and Europe, Africa, Asia and South America, but our campaigning work covers the whole world. Together with local organisations we work to secure the freedom of those affected by slavery and press for effective implementation of laws against slavery.Background of the ProgrammeAnti-Slavery International is implementing a two-year programme under the UK Government’s Modern Slavery Innovation Fund (MSIF). Working with business, trade unions and civil society the programme is developing mechanisms that support and enhance the rights of migrant workers in Mauritius (destination). The programme also advocates for safer migration pathways to Mauritius, from Madagascar and Bangladesh (origin countries).The MSIF programme aims to: Reduce the vulnerability of migrant workers to exploitation throughout the employment cycle, with special focus on ethical recruitment at source and decent work practices at destinationEffectively remedy the grievances of migrant workers through strong industrial relations and a trade union-based mechanism at destination Increase the awareness and engagement of relevant stakeholders (government and business) with regards to the protection of migrant workers’ rights at source and destination. The programme is implementing the following activities to achieve the above objectives: i) Setting up and managing a migrant resource centre (MRC) in Mauritius. Since June 2019, we have been building a MRC in Mauritius in collaboration with a local trade union, Confédération des Travailleurs des Secteurs Publique et Privé (CTSP). The MRC is currently operating with a focus on providing effective remedial solutions to migrant workers. The MRC supports migrant workers by 1) providing accurate information and advice to workers; 2) facilitating access to remedy to workers who report grievances against their employers; 3) providing a safe space for migrant workers to interact freely and openly with one another. The MRC aims to generate better relations between employers and trade unions. It also interacts with the national government, primarily the Ministry of Labour, Industrial Relations and Employment. The MRC is located in Rose Hill, Mauritius, within the CTSP premises.Note that safeguarding training and governance structures are in place to ensure receipt of grievances follow strict due diligence protocols to mitigate further risk to migrant workers and applies to point 2, below. ii) Developing and launching a tech mechanism (the app). The app serves as a tool to provide workers with accurate information on safe migration procedures, international workers’ rights and national labour laws. It offers additional information about how to contact an industrial relations expert via a hotline, in case of inquiry or need to submit a grievance. It is being launched in October 2020.iii) Developing and delivering bespoke pre-departure orientation (PDO) training in Bangladesh and Madagascar for Mauritian bound migrant workers. The training provides workers with information on safe migration practices and procedures, their rights at work and cultural information about Mauritius. In Bangladesh, this component of the programme is being delivered in collaboration with local partner Ovibashi Karmi Unnayan Program (OKUP). In Madagascar, this component is being delivered in collaboration with by Etudes Conseils FORMation Entrepreneuriat (ECFORME). iv) Advocating for increased awareness and engagement from government and business stakeholders. In particular, the programme promotes and encourages relevant stakeholders to commit to the implementation of safe migration mechanisms developed under the programme in their supply chains or labour migration governing processes. 2. ScopeWe are inviting applications from suitable consultants/consultancy teams interested to apply individually or as a team for the below-mentioned focus area 1 and/or 2. The selected consultant/consultancy team will work closely with the editor, Advisory group set up for the assignment including Anti-Slavery International project team and where relevant, the project partners to achieve the wider aim (see below). The successful consultants will draw on their professional expertise, desk-based research, the project learning to date, and the perspectives of current project partners and other key stakeholders in Mauritius and across the globe according, as well as those of migrant workers. The assignment will run from late October – March 2021. More specific to the task, the consultants will: -Agree the ToR, research methodology including agreeing a set report structure and work plan according to each focus area in collaboration with Anti-Slavery International. Ethical considerations will be taken throughout. Review and / or collect available desk-based information* as per the agreed work plan and methodology.Conduct interviews* as per the agreed methodology, ethical considerations and agreed with the relevant project partners. This will include gathering anonymous case studies as per the agreed workplan and methodology. Analyse collected data and present the data to the wider consultancy team, the editor and Anti-Slavery project staff. Provide and present practical and clear recommendations related to the focus area and make suggestions supporting or providing feedback on the other focus area (if applicable).* Primary and secondary data collection relating to migrant workers in Mauritius will be carried out in close coordination with the project partner CTSP based in Mauritius. Furthermore, where necessary, translation will be available to effectively communicate with migrant workers accordingly. 3. Why is access to remedy important? The UN Guiding Principles on Business and Human Rights, the widely-endorsed guidelines defining the responsibility of corporations to respect human rights, include access to effective remedy as a core component.Pillar III of the UNGPs is focused on the access to judicial and non-judicial remedy and grievance mechanisms. Guiding Principle 25 states "States must take appropriate steps to ensure, through judicial, administrative, legislative or other appropriate means, that when such abuses occur within their territory and/or jurisdiction those affected have access to effective remedy.”Guiding Principle 22, in Pillar II, states that where "business enterprises identify that they have caused or contributed to adverse impacts, they should provide for or cooperate in their remediation through legitimate processes". Guiding Principle 31 in Pillar III outlines the core criteria to ensure the effectiveness for non-judicial grievance mechanisms, including operational-level grievance mechanisms.Guiding Principle 25, in Pillar III on access to remedy, reminds States to "take appropriate steps to ensure" that those affected by business-related human rights abuses within their territory and/or jurisdiction “have access to effective remedy”.However, many migrant workers who experience workplace abuse face barriers when it comes to accessing effective remedial action. Migrant workers are vulnerable to modern slavery and other forms of labour exploitation. They may be vulnerable for a number of reasons, including, but not limited to: A lack of fluency in the local language which can make training and integration difficult A poor understanding of employment legislation which can lead to Migrant Workers not being aware of their rightsOwing fees which were paid to recruitment agencies, leaving them at risk of debt bondage and in a situation where they are obliged to continue working to repay a recruitment feeA lack of full legal employment status which heightens the risk of exploitation at the hands of employers who may take advantage of the precarious status A lack of access to welfare and health facilities in the host countryHaving inferior employment terms, often migrant workers are more vulnerable to discrimination than domestic/local workersNot understanding fully their contract and terms of employment Not having suitable accommodation provided by their employer Fear of reprisal for disclosing exploitative practices by the employerMoreover, workers may not be allowed to join a trade union, and even if they are, they may be fearful of the repercussions on behalf of the employer, such as being forcefully repatriated to their home county. 4. Needs and objectives of the learning report The aim of the learning report is to outline global best practice regarding effective access to remedy in the global supply chain. The report will be developed using evidence-based learning on effective remedy for migrant workers in the Mauritian supply chain. The report will be capable of influencing governments, businesses, employers and trade unions to improve migrant workers’ access to rights and remedy in Mauritius and in the global supply chains of international businesses. To achieve this the report will have two distinct focuses: Focus area 1 – global perspective on best practice for migrant workers’ access to remedy a. Undertake a rapid analysis (desk based) of models of remedy for migrant workers in the global supply chains of international businesses. b. Make recommendations to deepen Anti-Slavery’s messaging on best practice for operational-level/ non judicial mechanisms and access to remedy for migrant workers in international business’ supply chains that will influence future business and human rights advocacy in this area. Focus area 2 – national perspective on overcoming barriers for migrant workers’ access to remedy a. With a rights-based approach, review and present the state and non-state protection mechanisms that exist for migrant workers in Mauritius. b. Present evidence and data collected from the MRC to showcase learning and best practice regarding access to remedy in Mauritius. C. Making recommendations for improved national cooperation and collaboration between and with the Government of Mauritius, employers, brands and other sectors, trade unions and non-governmental agencies operating in Mauritius that would increase fair and responsive access to remedy for migrant workers working in Mauritius.Data and information about worker grievances and the related course of remedial action is being collected and will make up a significant portion of the learning regarding access to remedy and trends in issues faced by migrant workers in Mauritius. The report should present the following key learnings: Focus area 1 -On a global scale, what are the barriers that prevent access to grievance mechanisms and remedy at an operational, state level (non-judicial based) for migrant workers? Consider the specific vulnerabilities faced by cross-border migrant workers in supply chains, for e.g. language or lack of full employment status. This should be disaggregated by: 1) barriers faced by migrant workers themselves, 2) barriers in the structure of operational/ non-judicial based local grievance mechanisms, 3) barriers posed by employers, 4) barriers posed by governmentsHow do the above points create practical barriers to collective bargaining and freedom of association specifically for cross-border migrant workers in international business supply chains?What are best practice solutions to overcoming the afore-identified challenges, in order to promote freedom of association and enable access to remedy for migrant workers?a. What practical measures should be taken by i) the government, ii) employers, iii) brands and iv) other sectors to provide and/or improve access to remedy for migrant workers? b. What practical measures should be taken by trade unions and civil society actors to promote and improve access to remedy for cross-border migrant workers?What constitutes effective remedy? Based on the outcomes of other mechanisms developed and implemented to generate access to remedy what has proved effective? Consider the needs, interests and cultural sensitivities of the workers seeking and requiring remedy. What are the risks and unintended consequences of providing and improving access to remedy that need to be considered and addressed? Focus area 2 - What are the nature of grievances and emerging trends being dealt with through the MRC? Consider the trends prior, during and coming out of the covid-19 pandemic. How effective is the worker hotline (telephone and in person) in handling worker grievances? What practices have resulted in a positive resolution by the government or employer and what practices have not been so effective and why? How effective has the dissemination of information and provision of advice to workers been? How do workers view the awareness raising sessions and provision of information? From a worker perspective, what change in work conditions has been experienced as a result of engaging with the MRC, if any? What learning has been generated as a result of project intervention in Mauritius to conclude if there has been a reduced risk of slavery and worker exploitation in supply chains in Mauritius through improved cooperation and collaboration between and with relevant statutory authorities, employers, recruitment agencies, businesses, trade unions and civil society organisations?What assumptions were made in the remedy of grievances at project design and set up that have been tested, validated and acted upon. What learning has been generated from these stated and unstated assumptions? Has Covid-19 led to any new needs and new findings on measures needed to advance access to rights and remedy for migrant workers in Mauritius/ [this context]? Were there factors (contextual, institutional or others) that contributed to or constrained the full implementation of the MRC? To what extent should the MRC be adapted to take advantage of or overcome these factors?Sustainability of the MRC - What needs to happen next by whom for the worker to have continued access to remedy?Methodology: The methodology will be co-created between Anti-Slavery International and the consultant/s, based on the below. Focus area 1 - 1. Secondary source of dataPreliminary rapid assessment of the potential size, scope and types of relevant literature available on current examples of access to remedy mechanisms for migrant workers in private sector supply chains. This should include relevant academic literature and reports from relevant NGO/academic/government body/media reportsSynthesis and analysis of the identified most pertinent public sources of information to identify commonalities in approaches and learnings in order to respond to the key learning queries outlined above2. Primary source of dataThe consultant will be responsible for identifying relevant informants and developing interview frameworks, in consultation with an advisory group made up of agreed project stakeholders. The informants should relate to case studies/ examples of access to remedy models identified in the secondary literature review.Interviews will be carried out with: Key institutions and organisations (international institutions, academia, CSO practitioners, trade unions) working on the labour rights of migrant workers. This should include: i) Minimum 5 key participants from global organisations working in the field of migrant workers’ rights, ii)Minimum 7 key participants from various national and in country local organisations, with global spread of the participants Focus area 2 - To be conducted in Mauritius, where the garment and other industry factories are situated, where workers migrate to for work in the factories and where the MRC operates. Grievances, their status, and the remedial process will be shared. A sample number of interviewees will be selected dependent on current MRC operation. 1. Secondary data collectionReview of public source of information, relevant NGO/academic/government body/media reports and other relevant publically available reports. Review relevant domestic legisltaion (ie. anti-slavery law, labour laws, case law): identify gaps in legislation that exacerbate existing vulnerabilites for migrant workers and/or exacerbate lack of access to remedyidentify gaps in implementation Review and analysis of releated factory complaints or grievance mechanism policy or other relevant HR policies. Review of information collected from migrant workers via project implemented surveys, where possible. Review of the nature of grievances submitted to the MRC. 2. Primary data collectionSemi structured interview templates will be used to guide focus group discussions and interviews of various categories of respondents. Interviews will primarily be individual interviews; however focus groups and / or small group interviews may also be used. A number of detailed anonymous grievances and where consent is sought will also be provided that have been submitted to the MRC.Develop interview [and survey] question framework, in consultation with an advisory group made up of agreed project stakeholders.Interviews (and FGD’s accordingly) will be carried out with: -an agreed sample size of workers, based on agreed interview templates, including: workers from a number of origin countries, including Bangladeshi, Malagasy and Indian workers. Interviews will ensure a cross-section of these workers are represented (nationality, age, gender, caste/minority group etc). For example, based on a # of grievances submitted, interview a total of % of workers. This could be broken down further to place emphasis on discussions with workers from different nationalities and workers on various contracts (if applicable) (i.e. # Bangladeshi, # Malagasy, # India workers, % female/male and other). Interviews with an agreed sample size of employers of which an agreed number will be garment and other industry suppliers, where feasible, appropriate, and in agreement with partners. Interviews with Industrial Relations Experts (CTPS) and MRC staff. Interviews with a number of Ministry of Labour, Industrial Relations and Employment staff. Including interviews with the workers operating the Ministry Special Migrant Unit. Interviews with experts/NGOs that have worked in this field including the relevant High Commissions. Table SEQ Table \* ARABIC 1 Primary data collection: types of respondents and sample size ReferenceRespondent category Number 1Factory workers To de determined (TBD)2Industrial Relations Experts and MRC staffUp to 63Suppliers (i.e. HR managers)TBD4Ministry of Labour, Industrial Relations and EmploymentTBD5Experts/Hgh Commissions/NGOs working in this fieldTBDTotal TBDThe final report, drafted by an editor with information provided by the consultancy team and Anti-Slavery International project team, will include: Executive SummaryBackground Information on the context of the project and partnersPurpose of the learningMethodology appliedResults and analysisConclusions and recommendations, including details as to how they might be implemented.Agreed number of case studies Appendices (including all technical details, a list of interviewees and schedule) 5. Timeframe The research will be carried out over a period of 6 months. The timeframe is dependent on decision made at recruitment as to how the research proceeds with a consultancy team. However, it is anticipated the consultancy (focus area 1 and 2) will take no longer than 50 days combined over a 6-month period. There may be flexibility, dependent on the approach that is agreed. 6. Who we are looking forWe wish to hear from candidates who have experience and expertise in conducting global research in one or more of the following fields: - Business and Human Rights, access to remedy solutions in global supply chains, safer migration, workers’ rights in particular migrant rights and with proven capacity to explore:Focus area 1 -How the relevant stakeholders including the government, employers, brands and other sectors can provide and/or improve access to remedy Collective bargaining and freedom of association specifically for cross-border migrant workers in international business supply chainsStrategies and avenues for developing, implementing and advocating access to remedy in international business’ supply chains Best practice for operational, state level (non- judicial) mechanisms and access to remedy for migrant workers in international business’ supply chains.Focus area 2 -Solutions to improving access to remedy for migrant workers at destination, including knowledge of Migrant Resource CentresWhat is required beyond providing information on worker rights, to actively protect workers from exploitation Facilitating migrant worker voices and wider stakeholders within policy making and influencing access to remedy processesEffective steps to empower workers and improve industrial relations. 6. Payment and budgetAnti-Slavery will manage all necessary costs required for implementation of the study. There is a budget in the region of ?18,000 excluding expenses and related costs to the use photography or other as a means of eliciting case studies. However, there is some flexibility dependent on the applications and decisions made with how we will proceed.Payment will be made in three instalments:1/3 of the agreed amount to be paid within one week of signing the contract 1/3 of the agreed amount to be paid following the submission and agreeance of the draft report 1/3 of the agreed amount to be paid after submission and acceptance of the final report It is expected that the Consultant team will produce this work over a period of 6 months. This includes the days to finalise the report and present it to the project team and relevant stakeholders, as necessary. For applications from team based consultants, at least one team member needs to be based in Mauritius to carry out interviews with workers and key stakeholders. For applicants applying for focus area 2, they should be based in Mauritius. 7. Application and deadlines Applicants should prepare and email the following to be considered for this opportunity: CVCover letter An approach paper (no more than 4 pages) outlining a methodology for conducting the study, estimated time-frame, activity workplan outlining numbers of days allocated per activity, and fees (excluding travel costs and other expenses). At least two examples of recent and relevant pieces of work (preferably published) authored by yourselfThe successful candidate will need to submit two references (preferable one academic and one professional).The successful candidate will require the relevant safeguarding checks.The deadline for applications is Monday 12 October 2020 with interviews to be held via Skype/Zoom around the 16 October 2020 (+/- days either side). ................
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