Individual National Consultant for Business & Human Rights and ADR Assessment
Description of the Assignment:
The main objective of the assignment is to generate preliminary data to inform the development of a national Business and Human Rights Programme for Eswatini. This will be done through a mapping of the national BHR landscape and a rapid assessment of grievance and access-to-remedy mechanisms, including judicial, administrative, operational, community-based and ADR systems. The assessment will help UNDP and national stakeholders identify priority entry points for strengthening responsible business conduct, ESG alignment, access to remedy and efficient dispute resolution. The key issues to be examined are consolidated into three areas.
- Mapping the national Business and Human Rights landscape, including the legal, policy and institutional framework, alignment with the UNGPs, key stakeholders, priority sectors, business-related human rights risks, levels of awareness and implementation capacity among relevant actors.
- Rapidly assessing grievance and access-to-remedy mechanisms for business-related human rights impacts, including judicial, quasi-judicial, administrative, operational, community-based and ADR mechanisms, with attention to effectiveness, accessibility, inclusiveness, credibility, linkages between customary and formal systems, and barriers affecting women, youth, persons with disabilities and other vulnerable groups.
- Identifying practical opportunities and recommendations to strengthen responsible business conduct, corporate human rights due diligence, ESG integration, stakeholder coordination, gender equality and inclusion, investor confidence, enterprise competitiveness and future BHR programming, including a practical implementation roadmap.
Map the national Business and Human Rights landscape in Eswatini
- Assess the legal, policy and institutional framework relevant to Business and Human Rights, including alignment with the UNGPs and regional frameworks.
- Map key stakeholders, including government institutions, judiciary and quasi-judicial bodies, regulatory and administrative bodies, private sector actors, business associations, labor organizations, civil society, development partners, academia, financial institutions, media and affected communities.
- Identify priority sectors, business-related human rights risks, awareness levels and implementation capacity among key actors.
- Map judicial, quasi-judicial, administrative, operational, community-based and non-judicial grievance mechanisms, including ADR mechanisms such as mediation, arbitration and conciliation.
- Assess the effectiveness, accessibility, inclusiveness, responsiveness and credibility of existing mechanisms, including linkages between customary and formal justice systems.
- Identify gaps, barriers affecting women, youth, persons with disabilities and other vulnerable groups, and opportunities to improve efficiency, reduce unnecessary litigation and strengthen public confidence in dispute resolution.
- Identify priority interventions to strengthen responsible business conduct, corporate human rights due diligence, ESG integration and stakeholder coordination.
- Provide recommendations for integrating gender equality, non-discrimination and inclusion into future BHR programming, grievance mechanisms, ADR reforms and access-to-justice interventions.
- Develop practical entry points and an implementation roadmap for a future national Business and Human Rights Programme.
- Have an advanced university degree in Law, Human Rights, Governance, Public Policy, Development Studies or a related field.
- Have at least 10 years of relevant experience in human rights, governance, access to justice, dispute resolution or related fields.
- Demonstrated experience conducting legal, institutional, governance or human rights assessments.
- Knowledge of the United Nations Guiding Principles on Business and Human Rights and ESG frameworks.
- Demonstrated experience working directly with private sector actors on responsible business conduct and with community-level ADR institutions is a significant advantage.
- Experience in access to justice, ADR systems and judicial reform initiatives.
- Previous work in Eswatini or Southern Africa is an advantage.
- Excellent analytical, research, facilitation and report-writing skills.
Proposal should be submitted directly in the portal no later than indicated deadline.
Any request for clarification must be sent in writing via messaging functionality in the portal. UNDP will respond in writing including an explanation of the query without identifying the source of inquiry.
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