Terms of Reference
*"Assess the capacities of national administrations, RECs’ secretariats (SADC, COMESA and IOC) and skills’ systems to facilitate the recognition and verification of migrant workers' skills and qualifications at various levels"**
May 2021
1. Background
The Southern Africa Migration Management (SAMM) project is a model of a ONE-UN approach collaborative effort between 4 UN development and humanitarian agencies: the ILO, the IOM, UNODC and UNHCR. The (SAMM) project forms part of the European Union Regional Indicative Programme (11th EDF RIP) for Eastern Africa, Southern Africa and the Indian Ocean (2014–2020) which includes among its objectives the facilitation of safe, orderly and regular migration and the prevention of irregular migration. It focuses on South-South migration flows, identifying positive spill-over effects of international migration on regional integration and regional economic development.
Its overall objective is to improve migration management in the Southern Africa and Indian Ocean region guided by, and contributing to, the realisation of the 2030 Development Agenda (goals 8 and 10).
It is comprised of two main project components: 1. Labour Migration; and 2. Mixed Migration. The first component supports the implementation of the UN Global Compact on Safe, Orderly and Regular Migration (GCM) and the second one the application of the UN Global Compact on Refugees (GCR), as well as of the GCM.
Regional Economic Communities (RECs) are key stakeholders in SAMM's implementation. One of SAMM’s key project priorities is to support the formulation and realisation of International Labour Migration and Mixed Migration Frameworks of: i) the Common Market for Eastern and Southern Africa (COMESA), ii) the Southern African Development Community (SADC) and; iii) the Indian Ocean Commission (IOC).
The project focuses on the Southern African Region, and targets the following 16 SADC countries: Angola, Botswana, Comoros, Democratic Republic of the Congo (DRC), Eswatini, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Tanzania, Zambia and Zimbabwe.
Work under this consultancy is linked to SAMM’s Workplan as follows:
Result/output 1.4. RECs and Member States have enhanced the portability of skills of migrant workers, including through alignment of qualifications with existing Regional Qualifications Frameworks and/or the implementation of other recognition mechanisms.**
Activity 1.4.1.3 Assess the capacities of national administrations, RECs secretariats and skills systems to facilitate the recognition and verification of migrant workers' skills and qualifications at various levels.
2. Technical Context (Global and at the SADC level)
The low capacity of national recognition bodies and processes in both sending and receiving countries has been one of the major barriers of skills portability and recognition of migrant workers’ skills. Migrant workers are over-represented in jobs and tasks that require fewer and lower level skills, are lower paid and offer restricted career prospects. Migrant workers, especially women migrant workers, are subjected to “deskilling[1]” and “brain waste[2]”, through the migration corridors.
Recommendation No. 195 concerning human resources development: education, training and lifelong learning, 2004, defines portability of skills along the following two dimensions:
(a) employable skills which can be used productively in different jobs, occupations, industries; and;
(b) certification and recognition of skills within national and international labour markets.
Thus, workers need to have relevant and verifiable skills in order to gain access to job opportunities and to adjust to changing labour markets. This means skills need to be transferable between jobs and easily recognized by employers – i.e. portable.
Policies to develop portable skills have the potential to benefit individual workers, enterprises, the economy and society, as:
ü With more widely relevant and recognized skills, individual workers improve their employability and adaptability, as well as their ability to receive wages commensurate to their level of competencies;
ü Portable skills contribute to human development as they empower people, increase individual worker’ choices and capabilities, and help workers make full use of their talents and skills. In international migration women are more likely to be affected by “brain waste” and therefore have a high potential to gain from enhanced portability of their skills;
ü Enterprises and organizations in the public and private sectors benefit from more effective matching of skills demand with supply and from easier adaptability of the workforce to changes in technologies;
ü Labour market efficiency improves due to lower transaction costs in job search and recruitment;
ü The economy benefits from decreased frictional unemployment, smoother adjustment to external or policy-induced shocks (macroeconomic shifts, technological changes, trade liberalization) and more sustainable economic growth and employment and,
ü The recognition of skills of vulnerable groups and women who tend to face discrimination in the labour market, promotes economic and social inclusion, decent work and fair globalization.
In order to gain access to employment migrant workers not only need to possess relevant skills, but also need to be able to signal and validate these skills to potential employers. This means skills need to be transferrable and recognized, i.e. portable. The portability of skills ultimately depends on a trusted source of information. Therefore, recognition tends to be most successful when established through social dialogue involving governments, employers’ and workers’ organizations and education and training institutions. This is true for both formally certified qualifications and informally acquired skills. In addition to mutual or multilateral skills recognition established between countries, most skills recognition happens unilaterally, i.e. the country itself decides whether skills or qualifications are recognized on the national labour market. This is particularly important for regulated occupations where access is barred if people do not possess the required qualifications. Countries can:
· Recognize formally certified foreign qualifications: Countries have established a wide range of institutions and mechanisms for recognizing formal qualifications. While unilateral recognition by a single destination country is still the most common form, complex certification procedures and competency tests in countries of destination may impose financial and time-related costs on migrants and tend to create an uneven playing field for migrant workers or refugees. Moreover, information on skills shortages in countries of origin is rarely taken into account and hence risks contributing to brain drain.
· *Recognize informally gained skills:* A relatively new area of intervention for national training systems is the recognition of prior learning (RPL). RPL is a process by which regulatory bodies and training institutions assess acquired skills, often gained outside of the classroom, against a given set of standards, competencies or learning outcomes. In addition to supporting the portability of skills of migrant workers, RPL systems can promote social inclusion by recognizing work and other learning experiences. They allow for non-traditional pathways to formal employment, which is especially relevant if women or men, either migrants or nationals, acquired their skills through non-formal or informal learning, or if certificates were lost. Moreover, through the identification of potential skill gaps, RPL can offer a pathway into further training and/or apprenticeships.
The recognition of qualifications and skills covers two main areas: academic and professional recognition. Academic recognition allows for the continuation of studies at the appropriate level. Professional recognition provides the opportunity to access a particular job, and practice professional skills that might have been acquired abroad. Professional recognition covers both regulated and non-regulated professions. Skills recognition may be conducted in a number of ways, usually by measuring skills against agreed labour competency or occupational standards.
Skills recognition at country level and between countries can be promoted by instruments available at international level or negotiated at bilateral, regional, or multilateral levels.
a. At international level the following instruments call for the recognition of migrant workers’ skills and qualifications:
ü ILO Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). Article 14(b) specifically refers to the recognition of occupational qualifications acquired abroad, including certificates and diplomas;
ü ILO Human Resources Development Convention, 1975 (No. 142), which promotes the adoption and development of “comprehensive and coordinated policies and programmes of vocational guidance and vocational training, closely linked with employment, in particular through public employment services”; and,
ü ILO Human Resources Development Recommendation, 2004 (No. 195). Part VI, paragraph 12 indicates that “Special provisions should be designed to ensure recognition and certification of skills and qualifications for migrant workers.”
b. At the continental and sub-regional level:
ü The African Union is working on the development of an African Continental Qualifications Framework (ACQF). The ACQF is a policy instrument that will contribute to enhance comparability and transparency of qualifications; facilitate mutual recognition of certificates; improve mobility of learners and workers across the continent; and promote cooperation and alignment between different qualifications frameworks (national, sub-regional) in Africa, and eventually with other frameworks globally.
ü In 2011, the SADC Ministers of Education established the SADCQF as a Regional Qualification Framework (RQF) to enable easier movement of learners and workers across the SADC region and internationally. It is underpinned by learning outcomes and quality assurance (QA) principles that provide a regional benchmark for qualifications and quality assurance mechanisms in 8 SADC Member States; namely, Botswana, Lesotho, Mauritius, Namibia, Seychelles, South Africa, Swaziland and Zambia. Those countries have started piloting the alignment of the national qualifications frameworks with the SADCQF and to date the relevant authorities in Seychellesand South Africa have reported that their National Qualifications Frameworks are fully aligned. The outcome of aligning the NQFs of Member States with the SADCQF allows for the mutual recognition and transferability of skills and qualifications across the region.
· South Africa has started to implement a digital E-Credentialing system[3] and the SADC E-certificate is being piloted in four countries of the SADC region (Botswana, Namibia, South Africa and Zambia as part of the SADCQF implementation plan "verification cluster”**.
· A Technical Committee on Certification and Accreditation (TCCA) – comprising a group of experts from the 16 SADC member states and supported by the SADC secretariat – was constituted and given the task of implementing the SADCQF. Six implementation areas have been identified and their coordination allocated to different countries as follows:
Ø Governance (TCCA and SADC secretariat)
Ø Quality assurance (Botswana)
Ø Verification (Eswatini)
Ø Recognition of prior learning, credit accumulation, transfer and articulation (Namibia)
Ø Advocacy and communication (Zambia); and
Ø Alignment of NQFs to SADQCF (South Africa).
c. Mutual recognition agreements
ü A mutual recognition agreement (MRA) is an agreement between two or more countries to consider qualifications issued by one country as being valid in the other(s). In the Eastern African Community (EAC) countries, for example, MRAs exist for three professions (accountants, architects and engineers), and there are plans to extend the agreement to other professions such as veterinary services, land surveyors, pharmacists and advocates. As part of a skills partnership on migration between Ghana, Nigeria and Togo, the three countries have started comparing occupational and training standards in selected occupations relevant for labour migration, in order to arrive at joint minimum standards.[4]
d. Bilateral labour migration agreements
ü Bilateral labour migration agreements (BLMAs) are increasingly used to govern the labour migration process, to protect the rights of migrant workers and to ensure adequate skills and job matching through skills portability and skils recognition Some countries decide to formulate specific bilateral or multilateral skills portability and recognition agreements. .
e. Unilateral measures
Recognition systems at country level still vary widely (e.g. linked to labour competency standards, etc), despite a number of multilateral frameworks for the recognition of qualifications implemented in recent years. Within a single country, different methods may apply for the validation and recognition of, respectively, academic education, vocational education and work experience. Different recognition paths may apply according to the country in which the migrant worker obtained his or her qualifications:
ü Definition of regulated and non-regulated professions, and type of recognition procedures applying in each case: In most countries, there are professions which require authorization from competent authorities in order to be practiced – these are defined as regulated professions. The definition of what constitutes regulated and non-regulated professions differ. Binding recognition procedures generally apply to regulated professions. With respect to non-regulated professions, the recognition of qualifications is not a general requirement. There is a plethora of methods that have been developed for both regulated and non-regulated professions. Systems include regulation by national and/or provincial professional bodies, employer-based recognition processes, coordination by one public authority in charge of regulated professions or automatic recognition. Further stakeholders are universities and colleges, credential assessment organizations and provincial, federal and municipal governments.
ü Methods for assessment and recognition of formal learning: Different methods apply across countries. Some approaches are based on the length of education/training (quantitative), and others on content (qualitative**)**. Concerning the latter, learning outcomes are playing an increasingly important role in the development of national and overarching qualifications systems and frameworks. Where learning outcomes are taken into account for the evaluation of a foreign qualification, the recognition procedure may focus more on results reached and competences obtained, rather than only on input criteria such as the programme workload and content. However, documentation on the qualification does not always contain clear listings of learning outcomes and recognition bodies may have to deduce the output of a qualification from contextual information such as its place in the national education system or qualifications framework, its subject matter content and duration.
ü Partial recognition of formal learning and bridging courses: When full recognition is not granted, forms for alternative, partial or conditional recognition may apply. Alternative recognition can include bridging courses offered by the competent authority to make up for differences with the required qualification. While partial recognition would grant the applicant the possibility to enroll in specific programmes in order to earn missing credits, conditional recognition may allow the applicant to commence the desired activity on the condition that certain goals are successfully met during a specific time period.
ü Development of practices for the recognition of informal and non-formal learning (RPL): The recognition of learning that is either related to daily life activities such as work, family or leisure and of learning that has not been provided by an education or training institution is of particular significance for migrants. In many cases, it is via methods such as biographical interviews that the personal strengths and potentials of migrants can be identified. This is particularly important where possibilities to prove formal qualifications acquired abroad do not exist, or where major discrepancies occur between formal learning in countries of origin and destination. The benefits of validation are closely connected to the individual – a fact recognized by several initiatives.
3. Objectives and Outputs
The objective of the consultancy is to carry out an assessment of the capacities of RECs secretariats (SADC, COMESA and IOC), and SADC countries’ national administrations and skills systems, to facilitate the recognition and verification of migrant workers' skills and qualifications at various levels and through different types of recognition systems (e.g. labour competency standards, national qualification frameworks, etc.)
The report will cover the following information:
Ø What existing recognition and portability mechanisms exist in SADC countries in addition to the uptake of the SADC Qualifications Framework mentioned in the AU/EU Mapping Reports?
Ø A brief summary of the implementation of the SADC Qualifications Framework and mention how it applies to and benefit non-SADC migrant workers and their family members?
Ø What is the legal and policy framework supporting SADC countries at the national level on the portability and recognition of migrant workers’ skills?
Ø What practices exist on the recognition of migrant workers' qualifications and to what extent they are benefitting migrant workers?
Ø What initiatives, at both national and regional level, are in place to support the portability and recognition of skills of migrant workers and their family members?
Ø What are the weaknesses in capacity and gaps of portability of skills and skills recognition systems at the RECs (SADC, COMESA and IOC), and national level?
Ø What institutions are currently involved at country level in the portability of skills and recognition of migrant workers qualifications? What are the opportunities and recommendations to enhance their capacities?
The consultant will cover all SADC countries, but particularly review on-going practices in the eight SADC countries (Botswana, Lesotho, Mauritius, Namibia, Seychelles, South Africa, Eswatini and Zambia) piloting the SADCQF. More specifically, he/she will analyse:
(a) if, and how, the existing recognition and portabilty mechanisms are benefiting migrant workers in practice
(b) If and which capacities of national administrations, RECs’ secretariats (SADC, COMESA and IOC) and skills’ systems need to be enhanced in this particular area
4. Methodology
The methodology for the assessment, to be developed by the consultant as part of his/her inception report and will include:
desk review (covering existing policies, strategies and institutional frameworks on the link between skills, employment and migration);,
key informant interviews and/or consultations (virtual or face to face) with relevant stakeholders
preparation and undertaking of short surveys to specific target audiences in the Southern Africa and IOC region. They should be comprised of a sample of beneficiaries, even if through intermediary organisations.
The face-to-face meeting and gathering will depend on the lifting of COVID-19 imposed travel restrictions and physical gatherings.
The report should not be longer than 80 pages.
5. Qualifications and Experience Required
Education: Advanced university degree in Skills, Development Studies, Economics, Migration studies, Public Policy, Management, or other relevant Social Sciences degree.
Experience: At least 5 years of demonstrated experience with Public Employment Services and/or labour migration governance particularly in SADC countries as well as working with COMESA, IOC. Country level experience in at least some of the SADC countries is an asset.
Languages: Excellent command of English. Working knowledge of French and/or Portuguese is an advantage.
6. Terms of Contract for Consultant
The service provider will be responsible for all expected outputs mentioned in the terms of reference.
Daily fees will range between 200 to 450 USD.
Fees will be determined depending on the knowledge and experience by the consultant(s) and in SADC countries on the technical area under study: skills recognition of migrant workers and labour migration governance.
7. Timeline and payment breakdown
The consultant will work for a total of 60 working days.
Starting date: 1 July 2021_**
End date: __ 30 September 2021___
Total agreed consultant(s)’ fees represent**amount** US dollars based on a daily fee of _**$/day for 60 days.
Payments will be disbursed as follows:
ü 30% of the total or amount US dollars upon the completion of the inception report including proof of undertaking key informant interviews (at least one per SADC country) and preparation and undertaking of survey (at least one respondant per SADC country) no later than date _ to the satisfaction of the ILO.
ü 30% of the total or _amount**US dollars** upon the completion of the first draft of the report no later than date __ to the satisfaction of the ILO**.
ü 40% of the total or amount**_** US dollars **upon the completion of the final version of the report no later than ** date _ to the satisfaction of the ILO**.
8. Supervision and Reporting
The service provider will report to Ms. Gloria Moreno-Fontes, Chief Technical Advisor of the Southern Africa Migration Management (SAMM) project, who will coordinate with MIGRANT in HQ and share it broadly with other ILO Departments.
The ILO will liaise with the IOM, UNHCR and UNODC (if pertinent) and be in charge of the overall supervision for incorporating inputs and comments and validation of the work.
[1] Labour market-related term that describes the phenomenon experienced by skilled or highly-skilled workers who enter the labour market and obtain a job below their skills or qualification level (compared to their acquired qualifications) and are considered to be “overqualified” for the job they occupy. This means that workers end up working in lower-skilled jobs, and are often badly paid. If they stay (which is often the case) in that same job, they can never climb the occupational ladder. The longer they stay in that lower-skilled job, the harder it is for these foreign workers to obtain a job in accordance with his/her qualifications, since unused skills might be lost or use value after time – and workers suffer deskilling. The end result is an unfair loss of the time and money that the worker spent in obtaining (eventually unused) qualifications and the waste of funds that his/her family and country spent on human resources.
[2] A term commonly used in migration terminology in relation to other terms such as brain drain and brain gain. It determines the lack or bad utilization of potential foreign human resources available in the labour market. It relates to migrant workers’ skills, qualifications and job experience acquired in the country of origin that are not properly utilised in the labour market of the country of destination. The main causes include the lack of recognition of skills and qualifications and hence underutilization of people’s skills, and/or difficulties to obtain work permits, also driving migrant workers to work in the informal economy and often in jobs below their skills level. This results in a loss-loss situation for workers, countries of origin and countries of destination.
[3] The ILO/SIFA Skills anticipation project is working with AUDA (NEPAD) to develop a Continental Guidance document to support Member States in implementing a digital E-Credentialing system by studying the process that has already started in South Africa.
How to apply:
Application
Interested candidates are invited to submit their applications by 13th June 2021 midnight South African Standard Time to the International Labour Organization (samm-project@ilo.org) and copying: ngoveni@ilo.org. Applicants should include the following documentation:
· CV/resume;
· Cover letter;
· A short note providing a brief overview of how the assignment will be approached and giving an indication of the consultant’s capacity to undertake the assignment;
· 3 weblinks to latest labour migration articles/ reports or attach 3 writing samples on subjects directly related to the scope of this consultancy;
· 3 references;
· A half a page financial proposal indicating the consultant’s daily professional fees in USD and (if necessary) a breakdown of costs.