Procurement Summary
Country: Hong Kong
Summary: Implementing Partner to Develop Operational Guidelines on Remediation of Labour Rights Violations of Migrant Workers in International Supply Chains - for Business
Deadline: 31 Mar 2020
Posting Date: 19 Mar 2020
Other Information
Notice Type: Tender
TOT Ref.No.: 41677406
Document Ref. No.:
Financier: United Nations Secretariat
Purchaser Ownership: -
Tender Value: Refer Document
Purchaser's Detail
Name: Login to see tender_details
Address: Login to see tender_details
Email: Login to see tender_details
Login to see detailsTender Details
Request for proposals are invited for Implementing Partner to Develop Operational Guidelines on Remediation of Labour Rights Violations of Migrant Workers in International Supply Chains - for Business.
Request for Proposals
The International Organization for Migration (IOM) is looking for an Implementing Partner to develop Operational Guidelines on Remediation of Labour Rights Violations of Migrant Workers in International Supply Chains - For Business
1 BACKGROUND AND RATIONALE
Established in 1951, IOM is the leading inter-governmental organization in the field of migration and works closely with governmental, intergovernmental and non-governmental partners. IOM is dedicated to promoting humane and orderly migration for the benefit of all. It does so by providing services and advice to governments and migrants.
The UN Guiding Principles on Business and Human Rights specify that in parallel with governmental obligations, private sector companies also have a responsibility to remedy. They state that where a company has caused or contributed to adverse human rights impacts, it should ensure remediation. This means that businesses not only have a responsibility to prevent human rights abuses, but also to ensure remedies are available to victims where harm has occurred.
In the context of global production networks, many brands are often linked to rights violations that have not been caused by them directly, but by their business partners along their supply chain. These include suppliers and recruitment agencies, and it would become the responsibility of these business partners within the global supply chain to ensure that remediation occurs. Brands can, and have, successfully used their leverage in their supply chains to require remediation when violations are detected in their supply chains through audit processes and incorporated access to grievance mechanisms into codes of conduct to be implemented by their suppliers.
Despite these efforts, remediation remains a considerable gap within business practice. According to KnowTheChain benchmarking reports1, remediation is in the lowest scoring areas across all sectors examined by the Benchmark. Very few companies currently disclose actions taken to remediate harm in their operations and supply chains.
As more businesses incorporate the employer-pays principle of recruitment into social standards, reimbursement of recruitment fees, either to workers who are already employed or to recently hired workers where systems to prevent payment of fees may have failed, will become necessary. Therefore, remediation guidelines which incorporate violations occurring during recruitment and also take into account gender-specific vulnerabilities will become increasingly necessary.
In 2018 IOM developed and published the “Remediation Guidelines for Victims of Human Trafficking in Mineral Supply Chains”. The guidelines set forth a Six-Step Operational Remediation Process for downstream companies to consider when a victim has suffered harm linked to the company-s operations,
products or services. It helps downstream companies and their business partners identify the steps to
follow, the stakeholders with whom to engage, and the different factors to consider for responding to
substantiated incidents of exploitation in their supply chain so that, ultimately, victims, being men,
women or transgender, are provided with an effective remedy. Importantly, the guidelines do not require
companies to set up new mechanisms to provide remediation. Wherever possible, they encourage
businesses to get to know and rely on existing mechanisms and actors that already support remediation
in a particular context. These can include State and non-State actors, as well as international
organizations, such as IOM.
2 ORGANIZATIONAL CONTEXT AND SCOPE
As part of IOM-s effort to support businesses in implementing international standards on ethical
recruitment and fair labour practices, building on the “Remediation Guidelines for Victims of Human
Trafficking in Mineral Supply Chains” and a Six-Step Operational Remediation Process, IOM seeks to
develop Operational guidelines for businesses on remediation of labour rights violations of migrant
workers in international supply chains. The scope of work will include two components:
1. Conduct a comprehensive mapping of existing approaches related to the remediation of migrant
worker rights abuses, including on grievance mechanism, access to justice / remedy, worker voice
and freedom of association
2. Based on component 1 and 2, development of a practical set of guidelines/ SOPs and/ or tools for
buyers, employers, labour recruiters and migrants to provide effective access to remedy for
migrant workers in their operations and supply chain
To implement the above, IOM seeks a project partner, who will work under the direct supervision of the
IOM Hong Kong SAR, China Head of Sub-Office, with overall supervision from the Regional Project
Manager, Corporate Responsibility in Eliminating Slavery and Trafficking (CREST) at the IOM Ho Chi Minh
Sub-office. Project implementation will also be conducted in close coordination with the IOM Malaysia
CREST Project Officer.
3 SPECIFIC RESPONSIBILITIES AND ACCOUNTABILITIES
With the aim of ensuring that the governments of Hong Kong SAR, Philippines, and Bangladesh and their
The service provider will have the following duties and responsibilities:
Component 1: Develop country specific operational level remediation guidelines, initially based on
existing best practices in the migration corridor Malaysia (as Country of Destination) - related countries
of origin. Recommendation to prioritize business related to the manufacturing sector in Malaysia, but the
scope may be expanded to include other industries/ actors where relevant.
3
Carry out a comprehensive desk review and mapping of existing approaches related to the remediation
of migrant worker rights abuses and develop country-level operational processes to help business connect
with local government and other protection actors to comprehensively support victims of exploitation
and abuse in supply chains. In terms of scope,
Specific tasks:
1. Submit a research plan detailing information needs and proposed methods for collection.
While the emphasis of this mapping exercise will be heavily reliant on secondary research, some activities
for primary data collection will also be necessary;
Carry out consultations in select labour migration corridor(s) to Malaysia, as the priority country of
destination to map service providers, existing grievance channels and referral systems, and relevant
stakeholders and actors providing remedy to victims of rights abuse;
Some considerations of which to be mindful: good to prioritize buyers/ employers who have at least a
five-year commitment to remaining in Malaysia; while members of existing business associations known
for promoting fair labour should be included, researchers should also try to engage businesses - i.e. Small
and Medium-sized Enterprises (SMEs) as well as Multi-National Enterprises (MNEs) - that have had less
exposure to assess current practice; good to build in opportunities to validate initial findings with migrant
workers and business where possible;
2. Develop country-specific operational processes and best practices for the referral, protection and
assistance for victims of abuse and exploitation identified in business operations and supply
chains.
Utilizing the outcomes of the above desk review and mapping, the operational processes will determine
entry points to the local service delivery system, so that companies are able to refer victims to local State
or CSO actors or, where necessary, to IOM for onward referral (as identified under component 1);
To the extent feasible, the operational processes will make use of existing systems such as National
Referral Mechanisms, Information, Counselling and Referral Services offices, Migrant Response and
Resource Mechanisms and/ or, existing informal referral networks;
3. Based on the above, draft an external report and register of available support mechanisms and
organizations in identified countries of interest (e.g. Malaysia and related countries of origin);
4. Support the design of pilot remediation action through case management, in consultation with
local stakeholders to be potentially taken forward as a subsequent second phase.
Component 2: Development of practical guidance materials for buyers, employers and recruiters. Due to
that activities under this component will be highly informed by activities under component 1, IOM
requires some flexibility as to the development of a practical set of guidelines / SOPs and/or tools primarily
for buyers and employers (with secondary considerations for labour recruiters and migrant workers) to
provide effective access to remedy for migrant workers in their operations and supply chain.
4
Specific tasks:
1. Develop a remediation toolkit, which facilitates MNE companies to link their internal labour
supply chain mapping with country mapping of referral systems. The toolkit will include:
a. Remediation principles, guidelines;
b. Due Diligence guidelines for selecting third party (i.e. NGO) service providers and SOPs
for the identified actors;
c. Best practices for messaging, which may include, but not be limited to: formulating
modern slavery statements; recommendations for standard provisons for commercial
contract, codes of conduct, etc.
d. Case studies for selected corridors and/or companies;
2. Develop a 2-day modular training programme on the toolkit, that can be later tailored to the
needs of suppliers and stakeholders relevant to participating MNEs
[Optional] Testing of the toolkit with a private sector partner.
4 PRINCIPLES AND APPROACH
• Accessibility: Ensuring that all workers, issues and operations are covered by the grievance a
Documents
Tender Notice