International Consultancy – Addressing Fraud in Online Recruitment of Migrant Workers

Position Title: International Consultancy – Addressing Fraud in Online Recruitment of Migrant Workers
Organization: International Organization for Migration (IOM)
Work Modality: Remote/Home Based with Travel to Geneva on 10 – 11 June, 2024
Duration: The consultancy will be for a period of 2 months, commencing on 1 March 2024 and
concluding on 30 April 2024
Geographical Scope: Global

Project Background:
The rise in fraud in online recruitment of migrant workers has become a pressing global concern that presents a formidable barrier to the establishment of safe and efficient labor mobility pathways from countries of origin to destination globally. The increasing prevalence of fraudulent activities within online recruitment platforms including in relation to visa facilitation, has adversely impacted the global workforce as a whole and especially migrant populations creating significant challenges for both sending and receiving countries. Unscrupulous actors exploit the digital landscape to engage in deceptive practices, including false promises, misrepresentation of job opportunities, visa scams, and illicit financial transactions. While fraud related to visa and online recruitment may encompass distinct areas, such malpractices may also be linked and extend to another, potentially even under the same fraudulent scheme. As a result, countless migrant workers fall victim to exploitation, labor rights abuses, and the risks related to irregular migration journeys and status.

This hindrance to labor mobility not only impacts the aspirations and well-being of individual workers but also disrupts the dynamics of labor markets, limiting the exchange of skills and knowledge on a global scale, affecting the credibility of labour migration systems. Similarly, unscrupulous (online) visa brokers undermine the credibility of migration schemes and hinder access to regular pathways for migrants through false information or misrepresentation. Labour inspection authorities play a pivotal role in addressing the escalating issue of fraud in online recruitment of migrant workers and allied deceptive practices involving, inter alia, visa fraud. These authorities, entrusted with enforcing and overseeing compliance with labor laws and regulations, are well-positioned to be key actors in combating fraudulent practices. By proactively engaging in the monitoring and assessment of online recruitment platforms, labour inspection authorities can contribute significantly to the identification of irregularities and illicit activities. Their involvement can extend to the verification of job offers, scrutiny of recruitment agencies’ compliance with ethical standards, and investigation of complaints related to fraudulent practices. Moreover, labour inspection authorities are crucial in coordinating efforts with other law enforcement agencies, fostering collaboration between national and international entities, and ensuring a cohesive response to the challenges posed by online recruitment fraud. Strengthening the capacity of these authorities and enhancing their digital literacy will empower them to adapt to the evolving landscape of online recruitment and allied services such as visa facilitation, thereby reinforcing the protection of migrant workers and promoting fair and ethical labor practices.

Recognizing the growing concern related to fraud in online recruitment of migrant workers in their day-to day work, members of the Thematic Working Group on Inspection and Enforcement, under the Global Policy Network, have requested IOM to launch a rapid assessment on the needs of inspectorates with the objective of developing technical guidance and programmatic responses to this rising global concern. The Global Policy Network is an IOM Member State-led platform that creates a space for governments to discuss and address the challenges they encounter in regulating cross-border labour mobility and protecting migrant workers. It is a vehicle for dialogue and exchange with the objective of co-developing solutions and policy responses. The TWG on Inspections and Enforcement serves as a clearing house of information for regulators and allows them to prioritize the creation of tools, resources, and guidance to support the strengthening of inspection and enforcement action.

This Rapid Assessment aims to provide valuable insights that can guide labour inspection authorities in developing strategies and mechanisms to effectively address and mitigate the adverse impacts of fraud in online recruitment targeted especially toward migrant workers. The Assessment will shed light on the evolving landscape of fraud in online recruitment and allied processes such as visa facilitation, offering insights to strengthen regulatory frameworks and enforcement measures within the ambit of labour inspection authorities and other related actors to safeguard the rights and well-being of migrant workers. The primary objective is to assess the existing challenges, consolidate promising practices and propose recommendations for the development of comprehensive guidance and programmatic responses. The assessment will focus on key areas such as legislation, policies, and practices associated with online recruitment that is targeted toward migrant workers.

The overall objective of the assessment is to contribute to unraveling the complexities of fraud in online recruitment, providing insights to fortify regulatory frameworks and enforcement measures. Ultimately, it seeks to facilitate the creation of secure and transparent labor mobility channels, fostering a climate conducive to the responsible and mutually beneficial movement of workers.

Tasks and Responsibilities:
1. Literature Review:

• Conduct a comprehensive review of existing literature and relevant reports on prevailing deceptive practices in the realm of online recruitment of, and visa facilitation for, migrant workers.
• Analyze and synthesize key findings to inform the assessment process.

2. Key Informant Interviews and Identification of Case Studies and Examples:

• Identify and engage key stakeholders, including public authorities that are members of the Global Policy Network, international organizations, non-governmental organizations (NGOs), and private sector entities involved in migrant worker recruitment.
• Conduct structured interviews with key informants to gather insights into the current regulatory and enforcement landscape, challenges faced, and potential solutions.

3. Data Collection, Analysis and Development of the Report:

• Collect and analyze data from various sources, including official documents, legal instruments, and case studies, to identify gaps and weaknesses in the existing regulatory framework.
• Utilize a systematic approach to analyze the information gathered and draw conclusions regarding the prevalence of fraud in online recruitment.

4. Drafting of Findings and Generation of Good Practices

• Prepare a comprehensive report outlining the key findings from the literature review and key informant interviews.
• Clearly articulate identified regulatory and enforcement gaps and provide evidence-based recommendations for addressing these gaps.

Deliverables:

1. Inception Report: Provide a one-page document outlining the approach, methodologies, and tools to be used for the rapid assessment within the first week of the consultancy.
2. Draft Report: Present a draft report, including a thorough analysis of regulatory and enforcement gaps, recommendations, and the developed guidance document.
3. Present the Draft Report at the All-Members Meeting of the GPN (10, 11 June, Geneva)
4. Final Report: Incorporate feedback from the GPN TWG members into the report and share a final version.

Qualifications and Experience of the Individual Consultant:
a. Experience:

• At least 10 years of experience in working with a national or local government in a regulatory or enforcement capacity on issues related to migration, forced labour, cybercrime, or other relevant areas, with at least 5 years of proven experience in providing capacity building interventions to public administration agencies in the same subject areas;

  OR

• At least 5 years of proven experience in execution of assessment reports on migration policies, legislation and good practices, development of migration strategies/policy papers/legislation, action plans with at least a proportion of this work focused on the intersection of migration, forced labour, cyber-crime, and other relevant areas;

• Experience of collaborating/working with international organizations and IOM and/or UN agencies will be an asset.

b. Education:

• Advanced degree (PhD or Masters) in law, public affairs and/or other social science related areas relevant for the assignment; or an additional 5 years of in lieu of an advanced degree;
• Familiarity with issues related to fraud in online recruitment and protection of migrant workers desired;
• Other formal education relevant for the assignment will be an asset.

c. Competencies, skills and other requirements:

• Strong analytical, writing, and communication skills;
• Strong knowledge of migration regulatory and legal framework at the international level required;
• Familiarity with IOM’s mandate;
• Excellent knowledge of English is a must and working knowledge of Spanish or French would be an asset;
• Availability for the envisaged period.