CALL FOR EXPRESSIONS OF INTEREST
For
FINALISATION OF AU GUIDELINES ON DEVELOPMENT OF BILATERAL LABOUR MIGRATION AGREEMENTS (BLMAs)**
Table of Contents
1. BACKGROUND.. 3
2. JUSTIFICATION.. 5
3. OBJECTIVES AND SCOPE OF WORK.. 7
4. EXPECTED RESULTS.. 8
5. ACTIVITIES, METHODOLOGY, DELIVERABLES AND TIMEFRAMES.. 9
6. REQUEST FOR PROPOSALS.. 11
1. BACKGROUND
Migration is a key global challenge today for economic growth, sustainable development, social cohesion and governance[1]. The 2020 World Migration Report by the International Organization for Migration (IOM: 2019), quantifies African migrants as approximately 19 million out of the 258 million international migrants globally. Fifty-three percent of Africans on the move migrate within the continent while the remaining 47 percent migrate outside the continent, with the European Union (EU) and the Gulf Cooperation Council (GCC) Member States among the most popular destinations.[2] Countries of origin, transit and destination face a range of human rights, humanitarian and development issues as they manage increased movements of migrant workers and other migrants through both regular and irregular channels.
Studies show that whether migrant workers enter States in a regular or in an irregular situation, they will generally face discrimination in terms of equality of treatment and opportunities in comparison with nationals of countries of destination[3]. Migrants are vulnerable to human (including labour) rights violations as a result of not being citizens of receiving states and, due to their status, often live and work in abusive and precarious situations. While the rising feminization of migration has led to increased development opportunities, female migrants do not have access to the same opportunities as male migrants and are exposed to distinct risks based on their sex. Some of the gender-specific vulnerabilities include trafficking and forced labour of women for the purpose of sexual and labour exploitation, including moderns form of slavery in the sex industry and domestic work, and deskilling of highly qualified women (IOM Glossary 2019).
Additionally, transnational recruitment processes are often the starting point of a cycle of abuse that traps migrant workers in situations of human trafficking, exploitation and forced labour, presently prevalent in Africa, the GCC countries (IHRB:2018) but also in Europe. Migrant workers pay large recruitment fees to agencies and brokers offering potential jobs by connecting employers to prospective migrant workers, negotiating the terms and conditions of their future employment and helping facilitate the issuance of the relevant travel documents and training programmes, skill tests and medical check-ups by countries of origin state authorities. Complex recruitment practices including illegal charging of exorbitant fees and costs to both migrant workers and employers at destination, common in many labour migration corridors, increases the risk of recruitment-related exploitation in such situations. ILO’s 2016 General Principles and Operational Guidelines for Fair Recruitment serve as an international benchmark and provide effective guidance to governments, enterprises (including labour recruiters and employers) and public employment services on how to improve migrant workers’ and national workers’ protection during the recruitment process.[4].
IOM’s 2020 Montreal Recommendations on Recruitment: A Roadmap towards Better Regulation provides clear guidance to policymakers on how to protect migrant workers during recruitment, migration, and employment. It is designed to help develop comprehensive, multi-faceted approaches to promote ethical recruitment, enhance transparency and accountability, and improve the migration and employment outcomes for all stakeholders.[5]
The African Union (AU) provides an institutional framework for advancing the achievement of protection and promotion of the rights of migrant workers across the continent. The AU legal instruments and policy frameworks provide the normative and legal mechanism, through which Member States can foster greater political and economic integration, while simultaneously enhancing the protection of migrant workers. At its Twenty-Fourth Ordinary Session, held from 30 - 31 January 2015, in Addis Ababa, Ethiopia, the African Union Assembly by decision, Assembly/AU/Decl.6(XXIV) reaffirmed its determination “to step up our regional cooperation for smooth labour migration in the continent, including through effective implementation of our treaties, charters, protocols and other relevant policy instruments in view of free movement of people and workers while combatting its negative impact on human trafficking”. Additionally, the AU Assembly committed to implement the commitments in the Declaration on Employment, Poverty Eradication, Inclusive Development in Africa, its Plan of Action and Follow-Up Mechanisms, as well as to adopt for its implementation, the Joint Labour Migration Governance for Development and Integration Programme (JLMP).
THE AU-ILO-IOM-ECA JOINT PROGRAMME ON LABOUR MIGRATION GOVERNANCE FOR DEVELOPMENT AND INTEGRATION **
The AU-ILO-IOM-ECA Joint Programme on Labour Migration Governance for Development and Integration (better known as the Joint Labour Migration Programme, or JLMP) in Africa is a long-term joint undertaking among the four organizations in coordination with other relevant partners operating in Africa, development cooperation actors, private sector organizations and civil society representatives. It is an instrument dedicated to the implementation of the 5th Key Priority Area of the Declaration and Plan of Action on Employment, Poverty Eradication and Inclusive Development, which was adopted by the Assembly of Heads of States and Governments in January 2015 in Addis Ababa, Ethiopia. Its strategy focuses on intra-African labour migration and supports achievements of the First 2023 Ten Year Plan of the African Union (AU) Agenda 2063 and of the UN Sustainable Development Goals (SDGs). In addition, the JLMP is a critical instrument for implementing the AU Migration Policy Framework for Africa (MPFA) and Plan of Action (2018-2030) adopted by the AU Assembly in January 2018 in Addis Ababa, Ethiopia.
In order to ensure a strong take-off, a three-year project - JLMP Priority Project (2018-2021) was developed with the overall objective to improve the governance of labour migration in order to achieve safe, orderly and regular migration in Africa as committed in relevant frameworks of the AU and RECs, as well as relevant international human rights and labour standards and other cooperation processes. The JLMP Priority Project is implemented by the AUC, ILO and IOM and prioritizes four specific objectives closely drawn from the JLMP:
Outcome 1: Enhanced effectiveness and transparency of operations of labour migration stakeholders, such as labour market actors and institutions, migration authorities, in consultation and cooperation with workers and employers’ organizations, the private sector, recruitment industry and relevant civil society organizations, in delivering improved labour migration governance services.
Outcome 2: Improved policy and regulatory systems on labour migration at Member State and REC levels, considering its gender dimension and the relevant international human rights and labour standards.
Outcome 3: Multi-stakeholder policy consultation and practical coordination on labour migration and mobility to provide advisory support to MS, AU and REC decision makers.
Outcome 4: Continental and regional operational leadership and capacity to spearhead/steer the implementation of the JLMP at all levels.
2. JUSTIFICATION
Under the auspices of the JLMP, the AUC with the technical support of ILO and IOM intends to develop Guidelines on Development of Bilateral Labour Migration Agreements in line with Outcome 2 of the JLMP which inter alia calls for improved policy and regulatory systems on labour migration at Member State and REC levels, considering its gender dimension and the relevant international human rights and labour standards, the AU wishes to develop guidelines that will assist the Member States and the RECs in concluding bilateral labour migration agreements (BLMAs).
Convention No. 97 promotes the conclusion of bilateral labour migration agreements between States where there is a considerable flow of migrant workers. In this regard, Article 10 stipulates that “in cases where the number of migrants going from the territory of one Member to that of another is sufficiently large, the competent authorities of the territories concerned shall, whenever necessary or desirable, enter into agreements for the purpose of regulating matters of common concern arising”. Accompanying ILO Recommendation No. 86 contains a model bilateral agreement in its Annex. It includes specific provisions to combat abusive migrant recruitment practices, promote sound skills and jobs matching, portability of social security entitlements, and reduce the incidence of trafficking in persons and forced labour.
Appropriate regulatory frameworks and inclusive labour migration policies at the continental level are essential to improve the development potential of labour migration and strengthen the protection of migrant workers’ rights in Africa, based on international standards[6],. Anchored on the principles of human and labour rights, bilateral labour migration agreements (BLMAs)[7] are flexible tools for governing migratory flows, and improving the protection of labour and human rights, recruitment needs and labour shortages in various socio-economic contexts and labour market conditions. Well implemented BLMAs represent one of the most important instruments in the protection of migrant workers. **
Rights-based bilateral labour migration agreements contribute to the labour migration governance objectives and targets embodied in the Global Compact on Safe, Orderly and Regular Migration (Objective 6), the Sustainable Development Goals (Targets 8.7 & 8.8), the African Union’s Agenda 2063, and the African Union Revised Migration Policy Framework for Africa. Additionally, bilateral labour migration agreements create legally binding rights and obligations; they describe in detail the specific responsibilities of, and actions to be taken by each of the parties, in order to accomplish the objectives and the goals set out by the agreements. They are also key tools in promoting regional integration, enhancing regular pathways facilitating labour migration; and promoting linkages between migration and development.
Bilateral labour agreements are not new in Africa. Researchers have highlighted that they have experienced a resurgence since the 1990s. These agreements vary widely in their objectives, scope, and level of formality with some binding while others are drafted as Memorandum of Understanding which are non-binding. The topics of cooperation range from labour migration to international trade agreements. In 2016, IOM supported the development of Regional Guidelines for the Development of Bilateral Labour Agreements in the Southern African Development Community. Studies highlight 42 known agreements on labour mobility of low skilled workers in Africa. ILO is currently supporting the IGAD secretariat in developing guidelines on developing and implementing Rights- based bilateral labour agreements expected to be finalized in December 2020.
Also, the UN Network’s thematic Working Group (TWG) on Bilateral Labour Migration Agreements is currently developing global guidance on BLMAs, based on an agreed set of core elements, existing and emerging good practices, due to be finalized in December 2020. Various studies have highlighted shortcomings in the existing BLMAs and have called for action by Member States, the RECs, the AU and all relevant stakeholders. For example, a study by IOM and ILO[8] has proposed that recent agreements can be broadly categorized such as broad framework cooperation agreements covering a range of issues in addition to labour migration, including return, technical cooperation and development and BLMAs that are able to cover the demand in low-skilled sectors such as domestic work and construction in areas such as the Arab countries. Additionally, the study proposed for enhancement of the BLMAs between African countries to fill specific skills gaps, such as in education and health, as well as in labour intensive sectors such as mining sector.
Challenges of violation of human rights and labour rights have been noted with countries resorting to putting bans on sending migrant workers to the countries of destination in some of the existing BLMAs. Additionally, the ILO Study on Bilateral Agreements has recommended the review of existing agreements and to propose the best mechanisms for incorporation of gender concerns in bilateral agreements including domestic worker agreements which concept is lacking in most Bilateral Labour Agreements that are in existence[9].
Moreover, the ILO and IOM developed an assessment tool[10] to support governments, regional economic communities, and associated Member States and partners, including workers’ and employers’ organizations, in improving the effectiveness of BLMAs, to the benefit of both countries of origin and destination, and migrant workers themselves.
The African Union Commission (AUC) participated in the Regional Ministerial Forum on Harmonizing Labour Migration Policies in East and Horn of Africa in Nairobi Kenya from 20-21 January 2020. During this meeting, the AUC and the region agreed to strengthen regional cooperation to explore joint coordinated approaches to BLMAs development, essential elements and provisions for inclusion for the countries of destination bearing in mind the facilitation role of REC Secretariats and AU. Objective 1 of the Call to Action priorities 2020 – 2023 from this meeting, committed the AUC to support MS and the RECs to develop, adopt and implement BLMAs with destination countries (within and from Africa), investing in institutional mechanisms and arrangements by establishing appropriate institutional, inter-institutional, and cross-border institutional mechanisms and arrangements to support and facilitate labour mobility agreements which incorporate reference to health and wellbeing of migrants during all phases of migration.
The Regional Ministerial Forum also shared that recently there has been an increasing number of countries from the region that are negotiating bilateral labour agreements with Middle East countries such as Jordan, Qatar and Saudi Arabia, mainly for the provision of domestic workers and other categories of medium-skilled workers in the construction and service industries. There are other AU Member States that wish to expand the scope of their bilateral labour migration agreements with the Middle East and the GCC and other regions countries to cover other skills levels beyond domestic workers.
The guidelines will, therefore, provide a harmonised approach for Member States and the RECs in concluding bilateral labour migration agreements in Africa.
3. OBJECTIVES AND SCOPE OF WORK
The overall objective of the intervention is to finalise the AU Guidelines on Development of Bilateral Labour Migration Agreements.
Specific areas wherein the NGO will be providing technical assistance include the following:
a. Finalizing the Model AUC BLA based on the contents of the ILO Recommendation No. 86, the draft model BLA and related substantial comments received from ILO & IOM.
b. Consult with experts (AU Departments, Member States, RECs, Intergovernmental organizations, academia, LMAC and other relevant bodies) to develop comprehensive AU Guidelines on the Development of the Bilateral Labour Migration Agreements.
c. Work with the JLMP Legal Officer to draft and facilitate the validation of the AU Guidelines on the Development of the Bilateral Labour Migration Agreements by the stakeholders, including organisation of validation meetings
d. Produce a finalised draft AU Guidelines on the Development of the Bilateral Labour Migration Agreements for adoption by the STC on Social Development, Labour and Employment. The draft AU Guidelines needs to take into consideration and ensure coherence with the global guidance on BLMAs, currently being developed by the UN Network’s thematic Working Group (TWG) on Bilateral Labour Migration Agreements.
The specific objectives include the following:
1) Analysis of existing international legal instruments on human and labour rights, existing labour migration policy frameworks and protocols of free mobility, as well as relevant BLMA tools and good practices to draw on for the development of the AU Guidelines on the Development of the Bilateral Labour Migration Agreements.
) Identification of gaps in migrant protection and labour migration governance, and opportunities for enhanced international cooperation on labour migration.
3) Drafting of AU Guidelines on the Development of the Bilateral Labour Migration Agreements that will enhance the promotion and protection of migrant workers’ rights.
4) Organise a virtual validation workshop
4. EXPECTED RESULTS
It is expected that the intervention will contribute to enhanced labour migration governance in the continent and increased protection of migrant workers in and from Africa.
Expected Deliverables:
The following deliverables are expected:
1) An inception report that provides the consultant’s understanding of the assignment, its scope, and the activities and respective methodologies that will be pursued, accompanied by a financial proposal. The inception report will provide AUC, IOM and ILO the opportunity to verify that they share the same understanding about the project objectives, and how it will be achieved.
2) A draft AU Guidelines on the Development of the Bilateral Labour Migration Agreements (BLMAs) with input from the key stakeholders including: the AUC, ILO, IOM LMAC, the RECs, Member States and other relevant experts and stakeholders such as Private Recruitment Agencies, Organization of African Trade Union Unity (OATUU), ITUC-AFRICA and other organisations dealing with the rights of migrant workers and the employers.
3) Organisation and reports of all virtual meetings
4) The Final version of the draft AU Guidelines on the Development of the Bilateral Labour Migration Agreements (BLMAs) that is ready to be submitted to the Specialized Technical Committee on Social Development, Labour and Employment in 2021.
5. ACTIVITIES, METHODOLOGY, DELIVERABLES AND TIMEFRAMES
In view of the Scope of Work as presented in 3 above, the following activities (and attendant deliverables) are envisaged. It is expected that the process will be participatory, involving all relevant stakeholders during the various phases.
**
ACTIVITY: 1: Draft Inception Report
METHODOLOGY: Desk Review
DELIVERABLES: Draft Inception Report
TIMEFRAME / NO OF DAYS: 7 days
PARTNER AGENCY: AUC, IOM, ILO
SOURCE OF FUNDING: ILO
ACTIVITY: 2: Review and adoption of the Inception Report
METHODOLOGY: Virtual Meetings
DELIVERABLES: Inception Report
TIMEFRAME / NO OF DAYS: 7 days
PARTNER AGENCY: AUC, IOM, ILO
SOURCE OF FUNDING: ILO
ACTIVITY: 3: Review of the Draft
METHODOLOGY:
i) Desk review of relevant reports/literature on the subject matter and consideration of the inputs on the Zero Draft Guidelines
ii) Organization of Virtual Consultative meetings with relevant stakeholders:
a) Member States
b) RECs
c) LMAC
d) PAP
e) Partners; IOM, ILO, WHO etc
f) Social Partners and other levant stakeholders such as diaspora and migrants’ associations; Private Recruitment Agencies, Organization of African Trade Union Unity (OATUU), ITUC-AFRICA and other organisations dealing with the rights of migrant workers and the employers.
DELIVERABLES:
I) Updated 1st Draft Guidelines document
II) Stakeholders Consultative Report.
III) 2nd Draft of the Guidelines docume
TIMEFRAME / NO OF DAYS: 45 days
PARTNER AGENCY: AUC, IOM, ILO
SOURCE OF FUNDING: ILO
ACTIVITY: 4: Consultative Meetings with AUC, IOM, ILO on the Draft Guidelines
METHODOLOGY: Dissemination of the Draft Guidelines within AUC and to IOM and ILO and other UN Agencies for consultation on the developed Draft Guidelines
DELIVERABLES: 3rd Updated Draft of the Guidelines document
TIMEFRAME / NO OF DAYS: 2 weeks
PARTNER AGENCY: AUC, IOM, ILO
SOURCE OF FUNDING: ILO
ACTIVITY: 5: Validation meeting
METHODOLOGY:
i) Virtual validation meetings
a) Member States
b) RECS
c) PAP
d) Social Partners
e) AUC, ILO, IOM
DELIVERABLES: Stakeholder validation workshop report
TIMEFRAME / NO OF DAYS: 2 weeks
PARTNER AGENCY: AUC, IOM, ILO
SOURCE OF FUNDING: ILO
ACTIVITY: Consolidation of all the inputs from the validation meetings
METHODOLOGY: Consolidation of all the inputs from the validation meetings
DELIVERABLES:
i) Final Draft Guidelines document ready to be sent to the STC
ii) Guidelines Translated into French and Arabic
TIMEFRAME / NO OF DAYS: 3 weeks (February 2021)
PARTNER AGENCY: AUC, IOM, ILO
SOURCE OF FUNDING: ILO
ACTIVITY: 7: Presentation of the Guidelines before the STC on Social Development, Labour and Employment in April 2021 by the AUC
METHODOLOGY: Incorporation of the comments and updating of the final Guidelines once adopted.
DELIVERABLES: Finalised Guidelines
TIMEFRAME / NO OF DAYS: 2 weeks March 2021)
PARTNER AGENCY: AUC, IOM, ILO
SOURCE OF FUNDING: ILO
6. REQUEST FOR PROPOSALS
Within the context of the above, the ILO invites interested and qualified NGOs to submit expressions of interest for the provision of services to the Finalization of the Draft AU Guidelines on the Development of the Bilateral Labour Migration Agreements.
Proposals should include a technical and a financial proposal.
The Technical Proposal should include the following information:
i) Understanding of the assignment.
ii) A conceptual framework, detailed methodology and work-plan (with timeframes) for all activities.
iii) Capability Statement of the NGO and CVs of the experts.
Two writing samples of the experts on similar assignments.
The Financial Proposal should include:
i) Budget with a detailed breakdown of costs for the implementation of activities.
Proposals should be addressed to:
Silvia Cormaci, ILO JLMP Project Manager, cormaci@ilo.org and Oumar Diop – JLMP Coordinator; DiopO@africa-union.org; and Mariette Sabatier (sabatier@ilo.org). The closing date for submission of proposals is January 8th, 2021.
7. NGO’S EXPERTS’ PROFILE
It is expected that the assignment will be conducted by an NGO. The criteria for selecting the NGO’s experts are as follows
Academic Qualifications
Master’s degree in the field of law, international migration law, human rights, international relations, migration or related field.
Technical experience/competencies
i) Minimum international work experience of 7– 10 years;
ii) Demonstrable technical experience in legal research and legal drafting in the area of labour migration, mixed migration and human mobility;
iii) In-depth knowledge of contemporary migration dynamics / migration and development, labour migration issues in Africa;
iv) Proven previous working experience consisting of substantial involvement in assessments, evaluations, policy and/or treaty formulation and/or reviews in related areas;
v) In-depth knowledge of migration governance as well as issues of labour migration;
vi) Knowledge of global, continental and regional policies and initiatives regarding labour migration, migration and mobility;
vii) Demonstrable experience in legal research in/on Africa will be an advantage;
viii) Possession of strong drafting skills; and
ix) Previous working experience with the AUC, the UN (in general) and the IOM and ILO in particular.
Language: Fluency in English and French is required, and knowledge of other AU languages would be a strong asset.
Other skills/competencies
i) Experience in similar assignments would be an added advantage;
ii) Experience and ability to interact with the AUC, ILO, IOM, Member States, the RECs governments, social partners and other related stakeholders;
iii) Experience and ability to navigate political processes in highly sensitive settings;
iv) Excellent drafting/writing and analytical skills;
v) Strong interpersonal, networking and presentation skills.
Foot Notes:
[1] ILO, Report of the Director Geneva, Empowering Africa’s people with decent work, – 12th African Regional Meeting, Johannesburg, October 2011
[2] International Migration Report 2017, United Nations Department of Economic and Social Affairs (UNDESA), p. 2
[3] International Commission of Jurists (2011), p. 29
[4] https://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---mig...
[5] IOM (2020) Montreal Recommendations on Recruitment: A Roadmap Towards Better Regulation
[6] Private Employment Agencies Convention 1997 (No.181), the Domestic Workers Convention (No.189), Migrant
Workers Supplementary Provisions Convention 1975 (No.143) and the Migration for Employment revised Convention (No.197)
[7]ILO (2017): Addressing governance challenges in a changing labour migration landscape: https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents...
[8] https://www.ilo.org/: Bilateral Labour Migration Agreements in African Union Member States: taking stock and the way forward.
[9] Ibid.
[1] ILO, Report of the Director Geneva, Empowering Africa’s people with decent work, – 12th African Regional Meeting, Johannesburg, October 2011
[2] International Migration Report 2017, United Nations Department of Economic and Social Affairs (UNDESA), p. 2
[3] International Commission of Jurists (2011), p. 29
[5] IOM (2020) Montreal Recommendations on Recruitment: A Roadmap Towards Better Regulation
[6] Private Employment Agencies Convention 1997 (No.181), the Domestic Workers Convention (No.189), Migrant
Workers Supplementary Provisions Convention 1975 (No.143) and the Migration for Employment revised Convention (No.197)
[7]ILO (2017): Addressing governance challenges in a changing labour migration landscape: https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms_550269.pdf
[8] https://www.ilo.org/: Bilateral Labour Migration Agreements in African Union Member States: taking stock and the way forward.
[9] Ibid.
[10] The tool was piloted in the Egypt-Italy migration corridor and has also been partially tested in the Southern African Development Community (SADC) region to assess labour migration agreements from Zimbabwe and Lesotho to South Africa, see: https://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---migrant/documents/publication/wcms_722208.pdf
How to apply:
Silvia Cormaci, ILO JLMP Project Manager, cormaci@ilo.org and Oumar Diop – JLMP Coordinator; DiopO@africa-union.org; and Mariette Sabatier (sabatier@ilo.org). The closing date for submission of proposals is January 8th, 2021.