Irish Coalition of Business and Human Rights seeks experts for development of two papers (two tenders)

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1. Business and Human Rights Legal Expert: Mandatory Human Rights and Environmental Due Diligence

Terms of Reference

Introduction

The Irish Coalition for Business and Human Rights (ICBHR) is a grouping of civil society organisations, focused on progressing corporate accountability and Irish leadership in promoting business and human rights, both at home and abroad. The key purpose of the coalition is to collaborate and advocate strategically to achieve legally binding regulations for corporations in relation to human rights in Ireland, while supporting the ongoing international business and human rights treaty discussions. Specifically, to achieve:

  • Ireland’s support for the development of a UN binding treaty on business and human rights to regulate, in international law, the activities of transnational corporations and other business enterprises – with a gender and human rights defender perspective;
  • Mandatory gender responsive human rights and environmental due diligence legislation in Ireland and the EU –and ensuring inclusion of a robust HR&EDD accountability framework in the next Irish National Plan on Business and Human Rights.

Comprised of Trócaire, Trinity Centre for Social Innovation, Trinity Business School, Comhlámh, Front Line Defenders, Fairtrade Ireland, GLAN, Centre for Business and Society (CeBaS) UCD, Oxfam, LASC, Christian Aid, ICTU, Friends of the Earth, NWCI Academics: Rachel Widdis Observers: ESCR-NET, Shift, Action Aid Ireland. The ICBHR has become the Irish representation within the European Coalition for Corporate Justice (ECCJ).
The ICBHR has secured funding from Friends of the Earth Europe for a two year programme of work to support the coalition’s aims.

Aim

ICBHR would like to appoint a Business and Human Rights legal expert to develop a paper on mandatory Human Rights and Environmental Due Diligence in Ireland. The document will be used by the coalition for lobbying efforts with government.

Scope

The consultant will:

  • Develop a short political brief on the rationale for mandatory human rights and environmental diligence legislation in Ireland;
  • Liaise with coalition members to provide examples/case studies from their work that outline the need for gender responsive human rights and environmental due diligence legislation in Ireland, including the experiences of human rights defenders. May need to liaise with CSO experts outside Ireland to learn from their respective initiatives (France, Netherlands, Australia..);
  • Reference existing resources such as the EU ‘Study on due diligence requirements through the supply chain’[1], and existing legislation and on-going processes in other countries (France, Netherlands, Switzerland..)
  • Set out the key elements of potential draft legislation for the Irish context, enabling civil society articulate key requests to, and expectations of, the Irish Government; (taking into account the guidance of the UN Working Group on applying a gender and conflict lens).
  • Present political brief and draft legislation at the Irish Coalition for Business and Human Rights national consultation workshop (timeline dependant COVID-19 developments), with key experts, including affected communities, and incorporate the outcomes of the consultations into revised drafts.
  • If feasible, and depending on respective timelines, link this work to the ‘Access to Remedy’ study under development by the Business and Human Rights Implementation Group.
  • Take into account results of the Irish Business and Human Rights Coalition planned consultation in September 2020.

Method

The paper will mainly involve desk-based research, and may be strengthened by some interviews with key experts. No travel is required.

The ICBHR will support the Consultant through ongoing progress and feedback on two drafts, including the final version of the paper.

Final Outputs

The ICBHR would like to receive:

(1) a short political brief outlining the rationale for mandatory human rights and environmental due diligence legislation in Ireland; and
(2) an outline of the potential elements of draft legislation, in the form of a head of bill or skeleton bill, formed around the key headings of scope, general obligations, enforcement and sanctions, liability, gender dimension and constitutionality hurdles.

Both outputs should place a particular emphasis on access to remedy.

Timeframe

The ICBHR would like to engage the consultant to begin work on the paper in June 2020. The final version of the paper – following feedback at the national consultation workshop in September – is expected in late September 2020.

Expressions of interest

  • Expressions of interest should be submitted and contain the following information:
  • Name, address, telephone number and email address of consultant(s);
  • Brief CV;
  • A brief description of the tendering academic institution/ independent consultant including previous projects undertaken relating to IHRL, gender and/or business and human rights; and a short outline of the proposed approach to the project (max 2 pages);
  • Proposed timeframe for the project;
  • Proposed fee for the project (indicating VAT), inclusive of expenses, costs, taxes or duties that may be incurred;
  • Details of two relevant referees.

Deadline

Expressions of interest to be submitted to icbhrtenders@ictu.ie, with the subject line Legal Analysis: Human Rights and Environmental Due Diligence Legislation in Ireland, by close of business 5th June 2020.


2. Business and Human Rights Legal Consultant: UN Treaty to Regulate Transnational Corporations and Other Business Enterprises

Introduction

The Irish Coalition for Business and Human Rights (ICBHR) is a grouping of civil society organisations, focused on progressing corporate accountability and Irish leadership in promoting business and human rights, both at home and abroad. The key purpose of the coalition is to collaborate and advocate strategically to achieve legally binding regulations for corporations in relation to human rights in Ireland, while supporting the ongoing international business and human rights treaty discussions. Specifically, to achieve:

  • Ireland’s support for the development of a UN binding treaty on business and human rights to regulate, in international law, the activities of transnational corporations and other business enterprises – with a gender and human rights defender perspective;
  • Mandatory gender responsive human rights and environmental due diligence legislation in Ireland and the EU –and ensuring inclusion of a robust HR&EDD accountability framework in the next Irish National Plan on Business and Human Rights.

Comprised of Trócaire, Trinity Centre for Social Innovation, Trinity Business School, Comhlámh, Front Line Defenders, Fairtrade Ireland, GLAN, Centre for Business and Society (CeBaS) UCD, Oxfam, LASC, Christian Aid, ICTU, Friends of the Earth, NWCI Academics: Rachel Widdis Observers: ESCR-NET, Shift, Action Aid Ireland. The ICBHR has become the Irish representation within the European Coalition for Corporate Justice (ECCJ).

The ICBHR has secured funding from Friends of the Earth Europe for a two year programme of work to support the coalition’s aims.

Aim

ICBHR would like to appoint a Business and Human Rights expert legal consultant to develop a paper on the UN Treaty to Regulate Transnational Corporations and Other Business Enterprises. This paper will be used by the coalition for joint lobbying efforts and to advocate on Ireland’s position and the negotiations at the 6th intergovernmental session to negotiate a Treaty.

Background

In June 2014, the Human Rights Council established an open-ended intergovernmental working group (OEIGWG) on transnational corporations and other business enterprises with respect to human rights, to elaborate a legally binding instrument to regulate the activities of transnational corporations and other business enterprises in international human rights law. The open-ended intergovernmental working group (OEIGWG) has had five sessions so far. Ahead of the fifth session, the Permanent Mission of Ecuador, on behalf of the Chairmanship of the OEIGWG, released a revised draft legally binding instrument on business activities and human rights. The revised draft served as the basis for direct substantive intergovernmental negotiations during the fifth session of the OEIGWG, which was held from 14 to 18 October 2019, in Geneva. The Chair-Rapporteur will prepare a second revised draft legally binding instrument on the basis of the discussions held during the fifth session of the working group, further submissions and informal consultations, and will present the second revised text by the end of June 2020, for consideration for the sixth session of the OEIGWG.

Scope

The Business and Human Rights consultant will draw on the existing critical work by a range of international and European organisations and experts, and overlay it with an Irish contextual lens. The document should:

  • Explain the international business and human rights context within which the UN Treaty discussions are situated;
  • Examine latest developments in this discussion, particularly the protections that would apply to global supply chains, along with an overview of key international and European actors within the Treaty talks;
  • Analyse the revised draft and the report of the 5th OEIGWG session in relation to key issues of scope, jurisdiction, prevention, liability, applicable law, access to remedy, enforcement, FPIC, environment, trade and investment, conflict, violence, human rights defenders, climate and environment, layering on a gender perspective.
  • Liaise with coalition members to provide examples/case studies from their work that outline the need for a UN Treaty;
  • Frame the Irish Government’s position and participation to-date, identifying obstacles to, and enablers for, their support of a mandatory human rights due diligence instrument;
  • Outline recommendations from a gender and human rights perspective for an improved draft – that can be used by the Coalition to advocate on Ireland’s position and the negotiations at the 6th OEIGWG session.
  • Outline the potential implications of such recommendations in the Irish legal context – for the Irish Government and Irish businesses.

Method

The paper will mainly involve desk-based research, and may be strengthened by some interviews with key experts. No travel is required.

The ICBHR will support the Consultant through ongoing progress and feedback on two drafts, including the final version of the paper.

Final Outputs

The ICBHR envisages a document of approximately 15 – 20pages, and would like to receive the final paper in both a word and pdf format.

Timeframe

The ICBHR would like to engage the consultant to begin work on the paper mid-June 2020. The final version of the paper – following feedback by the Irish coalition and taking into account the newly published second revised draft legally binding instrument, anticipated during Summer 2020 – is expected in early September 2020.

Expressions of interest

  • Expressions of interest should be submitted and contain the following information:
  • Name, address, telephone number and email address of consultant(s);
  • Brief CV;
  • A brief description of the tendering academic institution/ independent consultant including previous projects undertaken relating to IHRL, gender and/or business and human rights; and a short outline of the proposed approach to the project (max 2 pages);
  • Proposed timeframe for the project;
  • Proposed fee for the project (indicating VAT), inclusive of expenses, costs, taxes or duties that may be incurred;
  • Details of two relevant referees.

Deadline

Expressions of interest to be submitted to icbhrtenders@ictu.ie, with the subject line Legal Analysis: UN Treaty on BHR, by close of business 5th June 2020.

General Info

Date Entered/Updated
20th May, 2020
Region
Nationwide
Expiry Date
5th Jun, 2020