INTERNATIONAL CONSULTANT TO DEVELOP LABOUR INSPECTION TOOLS AND TRAINING MODULES ON FORCED LABOUR FOR MONGOLIAN LABOUR INSPECTORS

1. Background and rationale
The Constitution of Mongolia (1992) states that no one shall be illegally subjected to forced labor (article 16, section 4). In 2005, Mongolia renewed its commitment to prohibit and eliminate forced labour by ratifying the two fundamental ILO Conventions on Forced labour (C29 and C105). Since then, the country has taken concrete measures to bring national laws towards greater conformity with these Conventions. Forced labour and human trafficking for forced labour exploitation have been criminalized under the Criminal Code (2015). The Law on Combatting Human Trafficking (2012) also includes forced labour as a form of exploitation. The Labour law, revised in 2021, prohibits forced labour in all sectors of the economy while extending labour protection to specific vulnerable groups of workers and enhancing power of labour inspectors, including the conduct of unannounced inspections. The Law on Labour Migration, revised in 2021, has extended protection of migrant workers against unfair recruitment practices. The challenge is now effective enforcement and implementation of these legal provisions.
Prevalence data on forced labour in Mongolia is not yet available. Findings of the first pilot modular survey on forced labour in Mongolia are pending. Despite no convictions or low levels of investigations and prosecutions of forced labour and labour trafficking, anecdotal evidence and several studies suggest the existence of these unacceptable forms of work among Mongolian nationals and migrant workers in various sectors. Financial vulnerability and resulting poverty were identified as key factors that increased the vulnerability of individuals to fall into hands of traffickers. The common labour abuse that may point to forced labour risks in Mongolia include withholding payments or benefits, the absence of contracts, retention of personal documents by employers, overtime without additional pay and imposition of tasks or work that are not previously agreed or reflected in the job description. In its successive comments on Mongolia’s application of C 29 since 2019, the ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) urged the Government to take the necessary measures to ensure that migrant workers are fully protected from abusive practices and conditions amounting to the exaction of forced labour.
In 2023, the Mongolian Labour Inspectorate was re-integrated into the Ministry of Labour and Social Protection (MLSP) with 162 labour inspectors. Legislative loopholes and lack of human, financial and technical capacities of the labor inspectorate prevent inspectors perform their functions effectively. According to an ILO supported training needs assessment of labour inspectors (2021), capacity building is needed in dealing with forced labor situations and monitoring employment and working conditions of migrant workers in Mongolia. Various national studies and reports including the USDOS TIP reports for Mongolia repeatedly emphasized the need of specialized training for law enforcement officers to deal with forced labour and trafficking for labour exploitation. With the revised Labour law (2021), labour inspectors are expected to reach out to workplaces in the informal economy and new categories of workers including domestic workers.
Against this background, the the USDOL funded Bridge -II project that aims to improve the national capacity to eliminate forced labour in Mongolia will provide the government, in particular MLSP with technical support to develop labour inspection tools on forced labour and related training modules for labour inspectors.

2. Objectives The objectives of this assignment are, through the engagement of a team of consultants (one international consultant and one national consultant), to: • develop labour inspection tools including specific checklists and guides to effectively detect and prevent forced labour risks and human trafficking for forced labour exploitation and identify and protect actual or potential victims. • develop related training modules for labour inspectors that would be delivered in a sustainable manner as part of the envisioned training programme for labour inspection.

3. Scope of Work
In close collaboration with the Ministry of Labour and Social Protection (MLSP), especially its Sectoral (Labour) Inspection Department and a multipartite advisory working group to be established at the MLSP and the national consultant to be hired by the ILO for the same assignment, the international consultant is expected perform the following tasks:

3.1 Scoping and needs assessment
• Consult with and provide guidance to the national consultant how to proceed with desk reviews and required data collection;
• Review relevant surveys, studies and documents on forced labour and human trafficking in Mongolia;
• Review existing training materials on human trafficking and related topics for Mongolia;
• Review existing relevant global or country specific tools developed by the ILO, and assess if any of them, fully or partially can be used/adapted to the Mongolian context;
• Review and analyze relevant laws, policies, regulations and labour inspection tools;
• Conduct interviews and focus group discussions with relevant stakeholders;
• Prepare a report, in English, outlining knowledge gaps and training needs, proposed training strategies to address the identified needs considering specific features of the Mongolian Labour Inspection, and proposed tools and training modules with annotated outlines.

3.2 Labour Inspection Tools Development
• Work closely with the MLSP and the advisory group to develop inspection tools and supplementary guides.
• Ensure that tools are aligned with national legislation and international standards.
• Ensure that tools address specific risks or vulnerabilities of certain categories of workers, especially those at high risk of forced labour including domestic workers and migrant workers.
• Ensure that relevant tools be compatible, to the extent possible, with the existing data collection mechanisms of MLSP and beyond.
• Ensure that ILO comments on draft tools are addressed.
• Provide advice to MLSP on pilot testing the tools.

3.3 Training Module Development
• Work closely with the MLSP and the advisory working group to develop training modules.
• Design training modules for mainly trainers/facilitators in training labour inspectors while ensuring main and supporting resource materials can be used as handouts for trainees.
• Ensure that training modules are aligned with national legislation and international standards.
• Ensure that training modules are interactive, well localized and contextualized, and gender and culturally sensitive and inclusive.
• Ensure that training modules respond to emerging or specific needs of labour inspectors to deal with vulnerable groups of workers including domestic workers and migrant workers, and situations in high-risk sectors.
• Ensure that ILO comments on draft training modules are addressed.

3.4 Pilot Training
• Work closely with the MLSP and the advisory working group to pilot test training modules.
• Undertake a mission to Ulaanbaatar, Mongolia to conduct pilot training sessions.
• Prepare for and lead pilot training sessions involving labour inspectors with diverse backgrounds and relevant stakeholders.
• Design appropriate tools to collect feedback from trainees and other relevant stakeholders.

3.5 Training Module Finalization
• Revise training modules incorporating inputs, comments, and recommendations from the pilot testing exercise.
• Incorporate comments from ILO.
• Finalize training modules in English validating with the advisory working group at MLSP.
An additional field mission for Section 3.1 above may be considered when contracting.

4. Expected outputs
1.Report outlining knowledge gaps and training needs, proposed training strategies to address the identified needs considering specific features of the Mongolian Labour Inspection, and proposed tools and training modules with annotated outlines
2. Draft inspection tools with associated guides in English for validation by the MLSP working group and ILO
3. Validated inspection tools with guidance on pilot testing in English
4. Draft training modules in English for pilot testing
5. Finalized training modules in English, validated by the MLSP working group and ILO

5. Contract duration
The assignment is expected to be completed within four months from the date of contract signing.

6. Reporting and Coordination
The international consultant will report to the National Project Coordinator, the ILO Bridge-II project in Mongolia. Regular progress updates and coordination meetings will be required throughout the consultancy.

7. Qualifications
The international consultant should possess at least the following qualifications:
• Advanced degree in law, human rights, or related fields
• At least 10 years of professional experience in labour law, labour inspection, forced labour, human trafficking or related issues
• Sound knowledge of relevant international labour standards
• Good knowledge of relevant ILO tools
• Demonstrated records in developing training manuals on forced labour, human trafficking, labour inspection or labour issues, and conducting training for labour inspectors or other law enforcement officers
• Excellent writing, communication and presentation skills
• Familiarity with the Mongolian contexts or previous experience working with the relevant authorities in Mongolia would be an advantage.