National Gender Consultant, Safe and Fair Project

The 1998 ILO Declaration on Fundamental Principles and Rights at Work commits Member States, including Malaysia, to respect and promote principles and rights on freedom of association and the effective recognition of the right to collective bargaining, the elimination of forced or compulsory labour, the abolition of child labour and the elimination of discrimination in respect of employment and occupation.

Malaysia is signatory to 6 out of 8 ILO fundamental conventions, namely: Forced Labour Convention (C29), Rights to Organize and Collective Bargaining Convention (C098), Equal Remuneration Convention (C100), Minimum Age Convention (C138), Worst Forms of Child Labour Convention (C182) and Abolition of Forced Labour Convention (C105, which it denounced in 1990). 

The former Malaysian Human Resources Minister YB Kulasegaran publicly announced on 21st January 2020 the government’s intention to ratify both the Forced Labour Protocol (P29) that supplements C29, Violence and Harassment Convention (C190) directly linked with Discrimination (Employment and Occupation) Convention (C111). This shows Malaysia’s commitment to comply with international standards, including strengthening its enforcement capacity through labour inspection under the Ministry of Human Resources (MOHR) Department of Labour (DOL).

Malaysia has also ratified the Labour Inspection Convention (C81), which specifies the function of the labour inspectorate on enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. Article 7(3) of said Convention provides that “labour inspectors shall be adequately trained for the performance of their duties”.

The ILO, through the Labour Law Reform and Industrial Relations (LLR-IR) project is supporting the MOHR in developing a Labour Inspection Strategic Compliance Plan and has conducted the 2018 Assessment of Malaysia’s Labour Inspection System. The 2018 Assessment noted the need to ensure that newly hired inspection staff have the requisite knowledge and skills to perform their tasks in a professionally competent manner, as well as for existing staff to continue to upgrade their capacity and keep abreast of developments in law and administrative practice. Further, it is important to ensure that in the execution of their roles and responsibilities and in enforcement of relevant laws in Malaysia, labour inspectors are aware of the specific needs of women workers. This among others should include understanding and adopting a gender responsive, women friendly approach, understanding specificities of migrant workers, especially women migrant workers, identifying victims of trafficking, violence and sexual exploitation.

To complement the LLR-IR support to labour inspection, the ILO projects - From Protocol to Practice: A Bridge to Global Action on Forced Labour (Bridge) and Safe and Fair: Realizing women migrant workers’ rights and opportunities in the Association of Southeast Asian Nations (ASEAN) region (SAF) - are working collaboratively to support the development of a training programme for labour inspectors on fundamental principles and rights at work (FPRW), with specific focus on women workers and women migrant workers. The training programme is in line with the Safe and Fair programme’s Output 1.2 to build capacity of regional, national and local government, social partners, human rights institutions and civil society to implement gender responsive services for women migrant workers.

The training programme is anchored on FPRW but with highlights on forced labour, child labour and gender equality and the protection of women migrant workers’ rights in the workplace. This training programme will also ensure Malaysia’s commitments under core ILO conventions and the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) are met in the execution of the duties by labour inspectors. The training will contribute to implementing the concerns expressed by constituents in the stages of development of the latest ILO Convention 190 on Violence and Harassment in the World of Work.

Building the capacity of the labour inspectorate in these areas will improve the Government’s ability to respond to some of the most urgent needs for the protection of workers’ rights. The ILO CEACR noted in its 2016 observations for Malaysia the “vulnerable situation of migrant workers with regard to the exaction of forced labour, including trafficking in persons.” Women and men migrant workers encounter forced labour at the hands of employers and informal labour recruiters carrying out abusive practices. Women migrant workers, however, are disproportionately impacted by risks of forced labour, trafficking in persons and violence due to structural inequalities, including those based on sex and gender. These inequalities are grounded in attitudes and behaviours that undervalue women and their work.   For example, women migrant workers dominate in the domestic work sector, reflecting familial and service functions of women in gendered of notions of appropriate work for women. Work and living conditions of domestic workers are unregulated and violations of their rights often go undetected due to the isolated nature of workplaces.

Women and men migrant workers are exposed to high recruitment fees, wage arrears and contract substitution, long working hours without additional remuneration, denial of rest days and leave, housed in unsanitary accommodation, and have their personal identification documents taken from them, exposing them to harassment and arrest by authorities. On the other hand, while evidence on the existence of child labour is limited, it is a concern in certain pockets and sectors such as plantations and services, and affect both migrant and local children. There is lack of knowledge, even among labour inspectors about what child labour is, how to conduct inspection on these issues and what to do when such cases are identified.

This capacity building support aims to contribute to the achievement of the Decent Work Country Programme indicators 1.1.2 and 1.2.5 on “number of initiatives to strengthen impartial and transparent enforcement of labour laws and regulations in line with international labour standards and FPRW” and “number of capacity building programmes on forced labour institutionalized for MAPO, its Special Committee on Labour Exploitation, Special Enforcement Task Force and prosecutors.” It will also contribute to the achievement of DWCP indicator 3.2.3 on “number of capacity building workshops conducted related to protection of women migrant workers, including organizing, networking and gender mainstreaming”.
At the end of this capacity building activity, the labour inspectors would have improved their knowledge, skills and tools in conducting labour inspection covering the different FPRW areas, with stronger victim protection. Labour inspectors would also have strengthened capacity to implement gender responsive labour inspection. To accomplish this, case studies, good practices and tips on conducting inspection on the issues of forced labour, child labour, violence and harassment at the workplace, with special consideration for women migrant workers, and high-risk sectors of plantations and domestic work.
 

The ILO is seeking a consultant, with a proven background in developing training materials on gender equality programming to (i) provide support in the development of a facilitator’s manual: labour inspection training on FPRW to be led by a labour inspection consultant engaged by the ILO;  (ii) together with the labour inspection consultant, jointly conduct the training of trainers; and (iii) provide mentoring support to selected trainers to conduct multiplier trainings using the facilitator’s manual. The training is targeted at labour inspection officers from MOHR’s Department of Labour and Department of Occupational Safety and Health.

Existing training modules on labour inspection and FPRW should be used and adapted to fit the local context. The training manual should contain core and sector-specific modules. The core modules will include international and national legal frameworks, key concepts and definitions, principles of labour inspection, emerging examples of good practices on labour inspection, including on dealing with child labour, migrant workers’ and gender issues. Case studies, good practices and tips on conducting inspection on the issues of forced labour, child labour, violence and harassment at the workplace, with special consideration for women migrant workers, and high-risk sectors of plantations and domestic work shall be included.

The following is the tentative outline for the training manual and will be finalized by the Consultants in consultation with ILO and MOHR. The gender consultant’s output is expected to be a report containing the sections in italics below:

I. Core modules
a. Introduction on the training manual
b. Labour inspection roles in promoting the Fundamental Principles and Rights at Work
c. The Strategic Compliance Plan and the FPRW
d. Specific sub-modules on each FPRW
    i. Child labour
       1. International legal frameworks
       2. National legal framework
       3. Situation analysis on child labour in Malaysia
       4. Challenges of doing labour inspection on child labour
       5. Child protection guidelines in inspections
       6. Interventions/referrals
       7. Working with relevant organizations

   ii. Forced labour and human trafficking
      1. International legal frameworks
      2. National legal framework
      3. Key concepts and definitions on forced labour and human trafficking
      4. Situation analysis on forced labour and human trafficking in Malaysia including gender-related issues and women migrant workers
      5. Challenges of doing labour inspection on forced labour and human trafficking, including on dealing with gender-specific issues and  women migrant workers. Sectors where women migrant workers are employed, including domestic work, plantations and manufacturing, will be focused on. 
      6. Interventions/referrals
      7. Working with relevant organizations

   iii. Gender-based discrimination, violence and harassment at work
     1. International legal frameworks
     2. National legal framework
     3. Key concepts and definitions on violence, harassment and discrimination, including on ILO Convention 100 on equal remuneration and the other FPRWs
    4. Situation analysis on violence, harassment and discrimination (including gender-based). Sectors where women migrant workers are employed, including domestic work, plantations and manufacturing, will be focused on.
    5. Challenges of doing labour inspection on violence, harassment and discrimination (including gender-based)
    6. Interventions/referrals
    7. Working with relevant organizations including women’s rights and migrant workers’ rights organizations
e. Labour inspection tools and processes (including good practices from other countries)

II. Sector-specific modules (sectors to be finalized based on stakeholder consultation)
a. Domestic work
    i. Challenges in doing labour inspection in the sector
    ii. Means to address the challenges
    iii. Areas of critical importance for labour inspection in this sector, including gender issues
    iv. Experiences of other countries on doing labour inspection in this sector
b. Plantation
    i. Challenges in doing labour inspection in the sector
    ii. Means to address the challenges
    iii. Areas of critical importance for labour inspection in this sector, including gender issues
    iv. Experiences of other countries on doing labour inspection in this sector
c. Agro processing and manufacturing
    i. Challenges in doing labour inspection in the sector
    ii. Means to address the challenges
    iii. Areas of critical importance for labour inspection in this sector, including gender issues
    iv. Experiences of other countries on doing labour inspection in this sector
d. [Other sector as identified by stakeholders]
    i. Challenges in doing labour inspection in the sector
    ii. Means to address the challenges
    iii. Areas of critical importance for labour inspection in this sector, including gender issues
    iv. Experiences of other countries on doing labour inspection in this sector

The tentative timeline will be reviewed once the Labour Inspection and Gender consultants are on board.

Expected outputs (total: 50 working days)

Output 1:  Report on 1-day scoping meeting with stakeholders on the content and elments of the training, incorporating the proposed outline of the Facilitators' Manual

Tasks: 

- Meet and discuss with both consultants on the scope of work and develop an integrated workplan (working day: 1)

- 1-day scoping meeting with the stakeholders on the content and elements for the training (activity to be jointly facilated by both LI and gender consultant)

- Collect relevant materials, including other training modules, manuals and inspection tools used in past trainings for labour inspection on forced labour, child labour, concerning men and women migrant workers and gender issues.  The consultant will work closely with the LI consultant to ensure that the training manual will be gender-responsive. (working days: 9)

- Interview relevant stakeholders to consult on the key learning gaps and areas to be addressed in the training.(working days: 5)

Tentative timeline:  May-June 2020

Output 2: Draft Facilitators' Manual and validation workshop

Tasks:

- Support the drafting of the Facilitators' Manual: Labour inspection training on FRRW incorporating inputs from the desk review and interviews to ensure that it is gender responsive (Working days: 5)

- Validate the draft Facilators' Manual through a Workshop with potential trainers and trainees (working days: 4 - including travel)

Tentative timeline:  June - July 2020

Output 3:  Final Facilitators' Manual incorporating comments from the validation workshop and to the satisfaction of the ILO

Tasks:

- Revise the manual, together with the LI consultant, incorporating the inputs of stakeholders from the Workshop and submit to the ILO (ILO will then share with MOHR for their comments) (Working days: 4)

- 2nd revision: Revise and finalise the training modules incorporating comments from ILO and MOHR (Working days: 2)

Tentative timeline:  July 2020

Output 4:  Training of trainers conducted and submission of ToT report

- Conduct the Training of Trainers (ToT) using the manual, along with the LI consultant (Working days: 4)

- Submit ToT report and recommendations for MOHR on considerations in the updating and use of the module, ie.changes in Laws. (Working days: 1)

Tentative timeline:  August 2020

Output 5:  Mentoring support during ultiplier trainings and report on the multiplier trainings conducted by trained trainers

Tasks: (working days: 9)

- Provide mentoring support for three multiplier trainings using Facilitators' Manual to be conducted by selected trainers

- Submit report onmultiplier trainings conducted by selected trainers

Tentative timeline:  September 2020

The payment terms for this assignment are as follows:
• First payment: 20% will be paid upon the delivery of Output 1
• Second payment: 20% will be paid upon the delivery of Output 2
• Third payment: 20% will be paid upon the delivery of Output 3
• Fourth payment: 40% will be paid upon the delivery of Output 4 and Output 5

Key qualifications

- Has at least 10 years of experience working on gender and labour migration, gender equality, violence against women and issues related to women migrant workers, including forced labour.
- At least 6 years of demonstrated experience in developing training material on gender and labour migration and gender equality.
- Demonstrated experience in conducting training and related capacity building on gender equality and gender and labour migration.
- Strong written and communication skills
- Completion of Master’s degree or related experience in sociology, gender studies, law, economics, migration management, international development or other relevant subject