February 29, 2024

Call for proposal: Consultancy to develop TERMS OF REFERENCE TO CONDUCT LABOUR RIGHTS AND MAPPING STUDY, INTEGRATING CONFLICTS’ RESOLUTION

Call for proposal: Consultancy to develop TERMS OF REFERENCE TO CONDUCT LABOUR RIGHTS AND MAPPING STUDY, INTEGRATING CONFLICTS’ RESOLUTION

I. ABOUT CESTRAR

1. Introduction

CESTRAR (Rwanda Workers’ Trade Union Confederation) is the most influential National Centre in Rwanda with 17 affiliated Rwandan Trade Unions, with a progressive membership of more than 300,000 workers in different working sectors across the country.

By its own nature and constitution, CESTRAR is an inclusive and non-political organization that only represents and organizes members according to their professions and believes that they should be given the same rights and opportunities regardless of political affiliation, gender, age, disability, religion, etc.

CESTRAR is governed by the National Trade Union Congress, the National Trade Union Council and the National Executive Committee. The National Executive Committee is responsible of the implementation of the decisions taken by the Congress and the General Trade Union Council as well as the representation of CESTRAR at all levels.

1. CESTRAR main objectives:

1.1. Improving socio-economic conditions of workers in Rwanda.
1.2 Promoting solidarity among workers and involving them in trade union activities.

2. Vision

CESTRAR, as a professional organization of workers, fights for social justice and an equitable redistribution of the national wealth without discrimination.

3. Mission

Our mission is to strengthen unions and provide a unified voice for all workers. We are committed to defending human and trade union rights, creating a healthy and safe working environment, fighting against exploitation and discrimination, promoting decent work and social protection for all.

4. Values

Solidarity: Workers and trade unionists in particular should work in solidarity and be able to constitute a strong force to achieve vision and mission of CESTRAR.
Commitment: unionists must be committed and engaged to the mission, vision, values, culture and principles of CESTRAR.

Loyalty: Unionist must remain faithful to their commitments, rules, and regulations of CESTRAR

Transparency: CESTRAR and affiliated unions are accountable to their members

II. CONTEXT

The basic insight in the ILO Constitution is that it is through institutions and rules that nations, societies and communities organize themselves, and that labour and employment are fundamental to human economic activity and development. National policies, both for employment and in other areas, depend on these institutions and on the sets of rules developed for their implementation. Institutions complement policies, and economic growth and development are essential to protect and promote human rights, including rights at work and the right to work.

Labour laws aim to protect workers from arbitrary, unfair, or discriminatory actions by their employers (their monopsony power) while addressing potential market failures stemming from insufficient information and inadequate insurance against risk.

In the aftermath of the global economic crisis, the achievement of full, productive and freely chosen employment and decent work remains an elusive goal for many countries. Growing levels of international economic integration in the context of economic and financial globalization have given rise to increased economic volatility, job insecurity, labour market vulnerability and inequality in both developing and industrialized countries. The level of precarious employment remains high in many developing countries.

Ensuring access to productive employment, income opportunities and decent work for all those who are seeking employment remains the most effective pathway out of poverty. However, this is yet to be achieved in many countries in the continuing context of ‘job-poor’ economic growth.

III. RATIONALE
Rwanda has ratified 34 ILO Conventions, which include all the eight (8) fundamental Conventions, two (2) of the four (4) governance Conventions and (22) Technical conventions. Rwanda labour relations are governed and regulated by the Law N° 66/2018 of 30/08/2018 regulating labour in Rwanda and its Application orders.

The Labour law provides fundamental rights, contract of employment, conditions of work, employment duration, works prohibited for children, pregnant and breastfeeding women, remuneration, health and safety at workplace, professional redeployment and employment of the disabled people, employers’ and workers’ professional organizations, labour conventions and internal rules and regulations governing workers, labour disputes, administrative organs, means of control and penalties.

The law was elaborated in the framework of contributing to the creation of favorable labour conditions and protecting the rights and interests of the employees and employers. In order to operationalize this protection, the Ministry of Public Service and Labour in collaboration with various Stakeholders employ various measures in order to enhance the enforcement of labour rights and attainment of Decent Work which include, among others:

• Establishment of labour inspection services
• Enforcement of labour standards through labour inspection services
• Social partners and stakeholders’ engagement through regional compliance forums, sectoral forums and media
• Etc.

Despite all the ratification of international labour standards, establishments of National labour laws and employment of various measures to ensure their enforcement, Rwanda’s labour market still experience labour rights deficits which must be addressed if we are to live up to Global and National aspirations of ensuring decent work for all.

It is worth recalling that right at work is one of four complementing pillars of decent work and failure to achieve any of them, we are definitely failing to achieve decent work as a whole.

It is also important to note that, despite administrative data that would provide some information, so far there is no specific and comprehensive survey or study that can serve as a baseline to inform policymaking and future research.

It is against this background that, through the support of ENABEL under Decent Work and Social Protection Portfolio, CESTRAR has secured funds to conduct Labour Rights and Mapping Study, Integrating Conflicts’ Resolution and is looking to hiring a competent and experienced consultancy firm to perform this assignment.

IV. OBJECTIVES OF THE ASSIGNMENT
The mapping study has the following objectives:
1. Identify possible gaps, challenges, and areas of non-compliance of national labour laws with international labour standards and conventions.
2. Assess the implementation and enforcement of labour rights protections across different economic sectors within the country.
3. Provide evidence-based recommendations for policymakers, employees’ and employers’ organizations as well as other stakeholders to strengthen labour rights protections and improve working conditions.

V. SCOPE OF WORK
Under this assignment, the consulting firm will respond to the following questions in the framework of conducting a comprehensive study to assess labour rights status in Rwanda:
1. What is the current legal framework governing labour rights?
2. How is the status of implementation and enforcement of labour rights protections across different economic sectors within the country?
3. What are the prevailing working conditions for employees?
4. What mechanisms exist for addressing grievances related to labour rights violations?
5. To what extent are workers aware of their rights and protections under labour laws?
6. What are the primary barriers hindering the realization of labour rights for vulnerable groups within the workforce?
7. How do labour rights practices vary between formal and informal sectors within the economy?
8. What is the impact of globalization and international trade agreements on labour rights protections?
9. How do national labour standards and practices compare to the international benchmarks and conventions?
10. What role do social partners play in ensuring that labour rights are promoted and respected?

VI. GEOGRAPHICAL SCOPE

The assignment will be performed Countrywide. However, the specific geographical scope will be determined by the inception report, which will be validated by the stakeholders.

VII. METHODOLOGICAL APPROACH
The assignment is expected to employ both qualitative and quantitative approaches. On the quantitative aspect, the consultant will collect relevant primary data from the sampled companies and members of tripartite constituents. The consultant will further be expected to collect and analyze other secondary sources of relevant information.

The qualitative component will draw on the understanding and perception of the key stakeholders which will also include sampled companies, employers’ and employees’ organizations as well as Government institutions relevant to the subject matter.

VIII. DELIVERABLES
The Consultant will deliver the following:

1. Inception Report: with clear methodological framework and reflecting the understanding of the assignment.
2. Draft study report: the draft study report shall be developed with adherence to the ToRs
3. Final study report: will be produced after stakeholder’s validation meeting.

The table below indicates key deliverables to be approved at each stage:

Phase Deliverables Estimated Man-Days DURATION WEEKS
1. Upon Approval of the inception report 10-man days
2 Weeks
2. Upon approval of the draft report 60-man days 12Weeks
3. Upon approval of the final report 10-man days 2Weeks
Total Duration 80-Man days 16 Weeks

IX. DURATION
The assignment is scheduled to take a maximum duration of 4 months equal to one hundred and twenty (120) calendar days, commencing from the date of signing of the contract, with maximum 80 Person days distributed to Key experts’ and Enumerators contribution.

X. REQUIRED QUALIFICATION AND EXPERIENCE
1. Minimum requirements for the consulting firm

The assignment is open to either national or regional firm and joint venture is encouraged with the following minimum requirements:
• For national firms, at least 5 years of operating in Rwanda or in the region in the field of labour or related fields or performing assignments in that field, in Rwanda.
• For regional firms, at least 3 years working in Rwanda (for the purpose of local context) and 2 years in the region in the field of labour or related fields or performing assignments in that field
• For national or regional firm, at least two (2) similar assignments related to labour rights or standards proven by related certificates of good completion.

2. Composition, qualification and experience of team

The consultancy firm shall have a multidisciplinary team of at least 3 key experts and enumerators as follows:
i. The lead consultant (Team Leader)
ii. Legal expert
iii. Statistician
iv. Enumerators.

i. The Lead consultant (Team Leader)

• At least a master’s degree in one of the following fields: Industrial Relations, Law, Labour Psychology, Occupational Psychology, Occupational safety and health, human resource management, labour relations, labour economics;
• At least 5 years of consulting experience in one or more of the following fields: labour rights or standards, social dialogue, labour productivity, industrial relations and other labour related fields.
• Conducted at least one (1) national assessment related labour rights or standards proven by a certificate of good completion.
• Conducted at least two (2) consultancy assignments in in labour related fields proven by certificates of good completion.

ii. Legal expert

• Not less than a Master’s degree in law or equivalent fields.
• At least 5 years of working experience in labour related fields. This includes both employment records and consulting experience’
• Conducted at least two (2) consultancy assignments in labour related fields proven by a certificate of good completion.
• Proven working experience in the field of labour rights or standards with at least 1 relevant assignment successfully implemented (at least 1 related certificate of good completion or employment record).

iii. Statistician
• At least a master’s degree in statistics.
• At least 2 years of experience in statistics or data management.

iv. At least 8 Enumerators where each should have not less than Bachelor’s degree in any field.

XI. ADEQUACY OF THE UNDERSTANDING OF THE TERMS OF REFERENCE, PROPOSED METHODOLOGY AND WORK PLAN IN RESPONDING TO THE TERMS OF REFERENCE

1. The understanding of the Terms of Reference

The consultancy firm will interpret the Terms of Reference and indicate the proposed structure and content for each deliverable. This will serve as skeleton and an anticipation of how the consultant envisages the final report to look like. The consultant will also anticipate the expected outputs and activities to accomplish each deliverable.

2. Proposed methodological approach for each deliverable and work plan

The deliverables of the assignment complement each other to make the overall objective expected to be achieved. However, each deliverable has its specificity that needs to be addressed specifically. Therefore, the consultancy firm will be required to practically demonstrate specific approaches it will employ to accomplish each deliverable. This must indicate step by step approaches towards effective accomplishment of each deliverable.

For each deliverable, the consultancy firm methods will include but not limited to the following:
• Design tailored to each deliverable
• Practical steps to accomplish each deliverable
• Data collection methods and tools
• Data analysis methods and tools
• Quality assurance
• Ethical considerations
• Confidentiality.
3. Work Plan
The work plan will include the following components:
• Expected deliverables
• Detailed steps to accomplish each deliverable
• Timeframe to accomplish each deliverable.
XII. SUBMISSION OF OFFER
The Expression of Interest should contain the following:
1. Technical Proposal:
• A cover letter expressing your interest in this assignment
• Technical proposal with a brief description of why you would be considered as the most suitable for the assignment, relevant expertise, and a detailed, clear methodology, your approach to complete the assignment
• CV of the Consultants proposed
• Company registration certificate (RDB)
• VAT-Registration certificate
• Latest tax clearance certificate
• Proof of successful completion of related assignments.
2. Financial Proposal: indicates the all-inclusive daily rate, supported by a breakdown of all costs. The costs must be in RWF and VAT inclusive.
Please submit electronically your proposal (technical & financial offer) in two separated emails and should be in PDF files to this email ONLY: cestrartender@gmail.com until latest 30th March 2024.

Done at Kigali, on 28/02/2024

BIRABONEYE Africain
General Secretary

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