Profile: The People's Advocate Office (PAO) is a National Institution for the Protection of Human Rights which operates on the basis of Law no. 52/2014 on the People's Advocate (Ombudsman)^[1]. According to the aforementioned law, the Ombudsman contributes to the protection of human rights and freedoms by preventing their violation, monitoring and reporting on the observance of fundamental human rights and freedoms at the national level, improving the legislation related to the field of human rights and freedoms, international cooperation in this field, promoting human rights and freedoms and mechanisms for their defense, applying the procedures regulated by this law.

General context: In 2024, the People's Advocate Office (PAO) and the Danish Institute for Human Rights (DIHR) signed a Memorandum of Understanding for the development of a framework for collaboration in the field of human rights implementation in the Republic of Moldova. Among the areas of cooperation is a component on Business and Human Rights - in the context of which PAO will strengthen its role as a leading actor in Moldova in the business and human rights field.

In the same context, this initiative is aligned with priority No. 10 of the Strategic Development Program of PAO for the years 2023-2030.^[2] Based on this priority, PAO aims to ensure social and economic efforts are anchored in the human rights standards and principles and ensure business respect for human rights.

The necessity of implementing these actions is driven by the current international and national situation regarding business and human rights.

Businesses have a key role in contributing to economic development, poverty reduction and technological innovation and can impact positively on human rights. However, business not

conducted responsibly can have profound and long-lasting negative impacts on human rights and the environment. This particularly affects the most vulnerable in society: marginalized groups and people living in poverty often lack the power and voice to participate in decision making processes impacting them, and do not have access to redress when their rights have been impacted. Businesses should first and foremost do no harm by identifying and addressing the negative impacts they might be involved with along their global value chains and provide victims with access to effective remedy.

The UN Guiding Principles on Business and Human Rights (UNGPs), endorsed by the United Nations Human Rights Council (UNHRC) in June 2011, were a significant milestone in the evolution of normative standards on the responsibility and accountability of business actors. The three-pillar framework of the UNGPs articulates the respective duties and responsibilities of states and businesses vis-à-vis human rights, reiterating the state duty to protect, outlining the business responsibility to respect, and articulating the roles of both states and businesses in ensuring access to effective remedy for business-related human rights harms. The UNGPs have been widely disseminated and adopted as the authoritative framework for addressing business and human rights issues across a broad spectrum of actors, including businesses, states, inter-governmental organisations (IGOs), international financial institutions, trade unions and civil society organisations. They are now reflected in all other important frameworks addressing RBC, including the OECD Guidelines for Multinational Enterprises (updated 2023) the UN Global Compact Principles, the 2030 Agenda for Sustainable Development as well as regional policies, national level legislations as well as financial institutions’, business or multistakeholder initiatives policies and standards.

More recently, there is an increasing hardening of measures to implement the UNGPs through mandatory human rights due diligence (mHRDD) laws. The French Duty of Vigilance law (which entered into force in March 2017) and the German Supply Chain Due Diligence Act (which entered into force in January 2023) paved the way for discussions at EU level around a common approach to mHRDD. An EU Directive on Corporate Sustainability Due Diligence Directive (CSDDD) was adopted in 2024 which will require large businesses operating in the EU to conduct human rights due diligence.

These legal developments carry both risks and opportunities for the Republic of Moldova. On the one hand, not creating an enabling environment for RBC and preparing businesses within a country for the expectations from European business partners to conduct and demonstrate human rights due diligence may negatively impact their ability to be competitive. On the other hand, it means that there will be heightened interest and opportunity to work with state actors and businesses at national level, even in countries where uptake of the UNGPs has been slow or lacking in the past.

Currently, it is not possible to assess to what extent the Republic of Moldova has implemented the UNGPs, nor assess the scope and effectiveness of laws which articulate responsible business conduct.

The importance of such an assessment on business and human rights is emerging even more strongly against the background of the Growth Plan for the Republic of Moldova approved by the European Parliament. The plan is based on three pillars, which aim to support socio-economic progress, access to the European single market and financial support for the realisation of investment projects. Thus, the construction of new roads, bridges and railway infrastructure will be supported, two new hospitals will be built in Cahul and Balti and new power lines will be completed. Access to finance and support for 25,000 businesses will also be improved and Moldova will be integrated into the EU roaming area at national tariffs. ^[1]

Obviously, the large-scale development of the business field involves no less numerous human resources, which increases the risks of human rights violations (in their capacity as employees), especially in the construction sector.

The impact also reflects on the environment, and the development of sustainable practices for environmental protection will allow it to be preserved for future generations and will ensure the country a prosperous economy, but also a human rights-compliant one.

The national framework contains business sector regulations and their evaluation from the perspective of implementing UN guiding principles, will provide a thorough analysis of what is good and what needs to be improved.

Objective:

The Ombudsman’s Office (PAO) and the Danish Institute for Human Rights (DIHR) aim to conduct a National Baseline Assessment (NBA) on business and human rights in Moldova to:

1. Analyse the status of implementation of the UN Guiding Principles on Business and Human Rights in Moldova
2. Identify further research and data collection needs on business and human rights
3. Make recommendations for legal, policy and institutional changes
4. Support reporting to regional and international human rights bodies on business and human rights

Inform the formulation and prioritisation of actions in any future national action plan on 

1. business and human rights.

Specific Activities:

1. Organise a kick-off meeting to present the approved workplan to the DIHR and PAO;
2. Conduct the NBA based on desk research;
3. Consult with relevant authorities and key stakeholders as necessary to ensure information is gathered to effectively complete the baseline;
4. Based on the completed baseline tool, draft an analytical report. The report will summarise the findings and will be concise and easy to read. The structure is expected to be:

a.       Executive Summary

b.       Introduction

c.       Methodology and process

d.       Overall results

e.       Results by indicator theme

f.        Conclusion and recommendations

5. Organise and lead regular meetings with the DIHR and PAO to provide updates on progress;
6. Provide drafts of these reports to the DIHR and PAO for feedback and incorporate feedback;
7. Participate in a workshop to agree recommendations and next steps;
8. Participate in the launch event of the analytical report.

Methodology

The National Baseline Assessment should be conducted utilizing the DIHR’s national baseline assessment methodology. The National Baseline Assessment should utilize the questionnaire to address the following 10 areas:

• Laws and regulations on business and human rights

• Policies and guidance on business and human rights
• State-business nexus
• Conflict affected areas
• Policy coherence
• Access to remedy
• Labour rights
• Land
• Environmental protection
• Consumer protection

The recommendations should address the identified gaps and should be divided by theme and also be formulated for:

• relevant public institutions
• the private sector, including technology companies, businesses, and investors.

A targeted approach will enable solutions tailored to the specific roles and responsibilities of each group.

Study period development: April 2025 - October 2025.

In preparing the study, the consultant(s) shall consider the following elements:

1. Active involvement in carrying out the tasks set out in the terms of reference.
2. Cooperation with the employees of PAO and DIHR in the preparation of the study.
3. Accuracy in carrying out the tasks.
4. Adherence to the deadlines for completion of the activities set out in the terms of reference and submission of the final deliverable

Specific tasks/Expected results

One or more consultants (team) may be employed to carry out the following tasks:

Requirements for the Consultant(s):

• Educational background in human rights, law, political science, sociology, or other relevant fields.
• Postgraduate studies are an advantage. Specialized courses will be considered an asset.
• Demonstrable understanding of human rights in Moldova
• Demonstrable understanding of business and human rights (including UNGPs).
• Relevant experience and expertise in developing studies, reports, public policies, and methodologies in the field of human rights and digitalization.
• Advanced proficiency in Romanian and English.
• Digital skills necessary for carrying out the tasks.

Personal Skills:

• Responsibility
• Advanced analytical and synthesis skills
• Teamwork

Contents of the application file (in English and Romanian):

2. Cover letter.
3. Short concept of the methodology for the elaboration of the NBA (1 page).
4. Financial offer per day in MDL and EUR and indication of the total amount for all tasks. The amount will include all fees and taxes according to national legislation.
5. Documents/links confirming professional experience in providing similar services (can be mentioned in the CV).

Institutional Arrangements

A service contract will be signed with the consultant(s) in accordance with the conditions outlined in the Terms of Reference.

During the provision of services, the expert will communicate directly with the responsible individuals coordinating the processes outlined in the Terms of Reference.

Submission of the Application

The application should be submitted electronically to the following address: liudmila.zarisneac@ombudsman.md  attaching a scanned set of documents, with the subject line of the email indicating: "National Baseline Assessment on Business and Human Rights in the Republic of Moldova," or physically to the Secretariat of the Ombudsman’s Office at the following address: Chișinău, Calea Ieșilor 11/3.

Contact Person: Liudmila Zarișneac, main consultant Public Policies and Legislation Department, tel.: 060002681, email: liudmila.zarisneac@ombudsman.md.

The deadline for submitting applications is 10 April 2025, at 17:00.