International Consultant for Assessing Mechanisms for Collaboration and cooperation among African countries of origin to advance labour migration and

Background

In today’s globalized economy, workers are increasingly looking for job opportunities beyond their home country in search of decent work and better livelihoods. In 2020, the United Nations Department of Economic and Social Affairs (UNDESA) estimated that there were 281 million international migrants globally. The International Labour Organization (ILO) estimated that the number of migrant workers totalled 169 million out in 2019 of which 41.5 per cent are women[1]. According to the ILO global estimates on international migrant workers, out of the world’s 169 million migrant workers, 14.3 per cent are found in the Arab States[2], making it is the third biggest region to host migrant workers[3]. In the Arab States, migrant workers make up 41.4 per cent of the labour force on average, the highest share observed globally and has high labour force participation rates of migrants compared to nationals, especially for women although women migrant workers only comprise 6.0 per cent of migrant workers[4]. Migrant workers play a key role in the Arab States, primarily by filling in labour market gaps which are driven by economic growth as well as changing demographics[5].

Although the actual number of migrant workers from Africa in the Arab States is not well captured either in the UNDESA[6] data on international migration or in administrative data of countries of origin or destinations, a significant number of workers from sub-Saharan Africa are working in Arab States, particularly women migrant workers. African migrant workers are predominantly concentrated in construction, manufacturing, food services, retail, hospitality and care economy (including domestic work)[7]. Despite the slowdown in migration flows caused by the COVID-19 pandemic, labour migration from Africa to the Arab States is projected to continue and grow.

While labour migration, if well governed, can offer benefits, concerns regarding the myriad of labour and human rights violations of workers – particularly those working in low-skilled occupations have remained. Migrant workers, particularly women migrant workers and migrants in an irregular situation, are also increasingly prone to such problems in countries of transit and destination. Promoting and protecting the rights of migrant workers requires a wide range of measures and effective coordination between countries of origin and destination.

The African Union Commission (AUC) has spearheaded several regional initiatives to strengthen the protection of migrant workers, especially for countries of origin. For example, in 2019, the AUC facilitated engagement and consultations among crucial African countries of origin and Middle Eastern-GCC destination countries, in line with the objectives of the First Ten-Year Implementation Plan (2014-2023) of its Agenda 2063. Among other initiatives, in 2019, the AUC organized a High-Level meeting of African Ambassadors in the Middle East and GCC, which was preceded by study visits to Kuwait and the United Arab Emirates under the auspices of the AUC-ILO-IOM-UNECA Joint Labour Migration Programme (JLMP). Furthermore, working with ILO under the FAIRWAY Programme, The AUC organised the Africa – Arab States Tripartite Interregional Meeting on Labour Migration Virtual event, 15-16 November 2021.

Diplomatic missions, defined by the 1961 Vienna Convention on Diplomatic Relations (United Nations, 1961) and Article 5 of the Vienna Convention on Consular Relations (United Nations, 1963), represent their State in the receiving or host state. Diplomatic missions have become an increasingly recognized important stakeholder in labour migration governance and protection of migrant workers in destination countries.

While the institution of diplomatic mission/consular service, mainly through labour attachés has a long history originating in developed countries, their role under labour migration processes now primarily focus on the welfare and protection, and decent working and living conditions of their nationals in the countries of destination, including assistance in situation of distress and labour rights abuses, as well as identifying new employment opportunities for their citizens in the countries of destination. This role of diplomatic and consular services in protecting migrant workers is recognized in many international and regional regulatory and policy instruments, including: (i) the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW), 1990; (ii) the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) General recommendation No. 26 on women migrant workers 2008); (iii) the Guideline 12.8 of the ILO Multilateral Framework on Labour Migration (ILO 2006); (iv) The Global Compact for Safe, Orderly and Regular Migration (GCM); (v) the AU Migration Policy Framework for Africa (MPFA) (2018-2030); (vi) the AU Declaration on the Protection and Promotion of the Rights of Migrant Workers (2022);(vii) the Nairobi Process on “Harmonizing Labour Migration Policies in East and Horn of Africa (January 2020); and (viii) The Djibouti Declaration on Labour, Employment and Labour Migration (October 2021).

Several African countries have diplomatic missions in countries of destination, including in the Arab States, primarily the Gulf Cooperation Council (GCC)[8] and have assigned labour attaches to improve the protection of their nationals in the countries of destination. However, challenges have remained in terms of the limited presence of diplomatic missions in countries of destination and the limited human and financial resources to respond to the increasing needs of citizens in the countries of destination[9]. Several further identified challenges include a lack of gender-responsive approaches, limited coordination with organizations in countries of destination, such as diaspora organizations, to enhance outreach, as well as limited capacities in supporting migrants during and after repatriation or forced returns[10]. During a visit by the African Union to Kuwait in 2019, the Dean of the Diplomatic Corps highlighted an increase in female domestic migrant workers and the limited number of representations as a critical factor in the difficulty of assisting, especially during emergencies. The situation is worse for irregular migrants, given that they are vulnerable and often excluded from services provided by diplomatic missions. Considering the limited presence of diplomatic missions of African countries in countries of destination, including the Arab States, one of the possible measures to enhance the protection of migrant workers would be to establish a mechanism and/or platform for collaboration and cooperation among themselves, including sharing of consular services in countries of destination. This concept is articulated in the 2021 AU Declaration on the Protection and Promotion of the Rights of Migrant Workers, in which AU Member States committed to “promote regional cooperation and joint responsibility of Member States for migrant workers from particular RECs or Africa in general through arrangements that allow migrants from African Union Member States that do not have a diplomatic presence in their country of destination to access assistance via the diplomatic representatives of other African Union Member States that are present in that country”. In addition, African Union Member States have designated Deans of African Diplomatic Corps to maximize economies of scale and to harmonize the provision of services to African migrant workers.

The need for enhancing collaboration and cooperation among diplomatic missions of African countries in the Arab States, including the possibility of sharing embassy and consular services amongst African countries of origin in destination countries, has been frequently raised as an option in various platforms, including the capacity- building training for labour attaches of IGAD Member States in the Middle East jointly conducted by IGAD and ILO in 2022, and the Africa Labour Migration Conference that took place in 2023.

Against this backdrop, the ILO, through the Labour, Employment and Mobility Actions of the AU-ILO-IOM Programme on Labour Migration Governance for Development and Integration in Africa (JLMP-Lead) project will conduct an assessment to explore the feasibility of the idea, examine opportunities, challenges, existing good practices and come up with solid recommendations to advance collaboration and cooperation among African countries of origin in the Arab States.

The Swedish International Development Cooperation Agency (SIDA) funded Joint Labour Migration Programme (JLMP)-LEAD project aims to contribute to the JLMP Strategic Framework (2020-2030) vision of strengthening the effective governance and regulation of labour migration and mobility under the rule of law, international migration law principles, and international labour standards, towards increased equitable, full-employment economic growth and sustainable development of the African Continent.

Objective of the assignment

The overall objective of the assignment is to examine possibilities for advancing collaboration and cooperation among diplomatic missions of African countries of origin in the Arab States to strengthen labour migration governance and enhance protection of migrant workers. More specifically, the assessment is expected to:

• Assess the capacity, services, gaps, and challenges of African diplomatic missions in the protection of migrant workers, including during emergencies
• Examine opportunities and challenges, , particularly political and financial implications, for advancing collaboration and cooperation among diplomatic missions of African countries of origin in the Arab States, partnership including sharing consular services.
• Review existing practices and lessons learned in advancing cooperation and collaboration among diplomatic missions of countries of origin in the context of labour migration in the GCC and/or beyond. This would include the review of the current and potential role of Regional Deans of African Diplomatic Corps.
• Provide recommendations and propose multiple possible scenarios for advancing collaboration and cooperation among African countries of origin, including sharing consular services in countries of destination.
• Examine and recommend the potential role of continental and regional stakeholders, particularly Regional Economic Communities (RECs) and the African Union, in advancing collaboration and cooperation among countries of origin in the Arab States.

Scope of Work

The ILO is seeking the services of a consultant to examine possibilities for sharing consular services among African diplomatic representatives in the Arab States[11], mainly where African countries of origin[12] have limited diplomatic representation and consular officials. In particular, the consultant will be required to conduct desk research and key informant interviews to produce a brief assessment report which, among other things, provides:

1. An overview of the critical migration trends, primarily labour migration, between African and Arab States, mainly gender-disaggregated information on migration flows.
2. An overview of the status/presence of African diplomatic missions and consular services in the Arab states and the types of services currently being provided and identify gaps in terms of service provision and groups of nationals that lack support in countries of destination.
3. An overview and analysis of opportunities, challenges, good practices and lessons learned in sharing consular services among countries on the issue of labour migration and protection of migrant workers and necessary pre-conditions to share services.
4. Provide recommendations and propose multiple possible scenarios for advancing collaboration and cooperation among African countries of origin to provide enhanced consular assistance to migrant workers in countries in the Arab States.

Key Deliverables

The key deliverables under the assignment would be:

1. Inception report: This can be in the form of a detailed outline of methodology including the number of target countries of origin and destination, key informant interviewees (for example, including but not limited to Ministries of Labour, Ministries of Foreign Affairs, Labour Attaches), research tools (ex: key informant interview questions), research questions, list of relevant literature and the proposed outline of the report, not exceeding 2500 words, based on initial review and analysis of relevant literature to submitted within 10 days of signing of the agreement for review and comments by ILO. The consultant is expected to submit a revised inception report addressing the comments of the ILO within 5 days to the satisfaction of the ILO.
2. Draft report: The draft report needed to respond to the objective of the assignment and comprehensively address the issues and concerns as specified in this ToR and the agreed inception report for review and comments to the ILO. The draft should not exceed 15 000 words and follow the ILO referencing guide.
3. Revised draft report: The consultant will submit a revised draft report incorporating comments and inputs from the ILO for dissemination with key project stakeholders such as the African Union, regional economic communities, and other partners. The consultant will also present the report to key stakeholders for their comments and/or validation of the key findings, conclusions and recommendations.
4. Final draft report: The consultant will submit a final report addressing comments from the ILO, project partners, proofreader, and editors to the satisfaction of the ILO.

Time Frame

The duration of the assignment is a total of 26 days of work spread across four months tentatively between 20 March 2024 – 20 July 2024 within the following timeframe:

Deliverables No. of Days

Drafting and finalization of the inception report 2

Research and drafting of the first draft report 15

Revision of draft report – revised draft and final draft 5

Proof reading, editing, cleaning and drafting and presentation of the report 4

Total 26

Eligibility and Competencies of the Applicant

• Minimum of post graduate university degree (Masters or equivalent) in Law International Relations, Social Science disciplines such as Development Studies, Sociology, Political Science, or related fields
• Understanding of political and labour migration dynamics in Africa as well as understanding of labour migration between Africa and the Arab States
• At least five years of prior experience in conducting research assignments, particularly those targeted towards policy development would be preferred.
• Proven experience in conducting remote multi country assessments and studies of similar nature.
• Excellent command and knowledge of English, which is the main medium of communication and language to be used for the report write up. Working knowledge of Arabic would be added advantage.
• Good computer application skills including use zoom, skype and other teleconferencing applications, managing and administering online meetings as well as extracting and analysing data using appropriate tools and methods.

Evaluation Criteria

Evaluation of the suitability of the Consultant to work on this assignment will be made against the following technical criteria:

Evaluation Criteria Maximum Mark

Educational Background: Advanced university degree in Law International

Relations, Social Science disciplines such as Development Studies, Sociology,

Political Science, or related fields 10

Research Experience: Prior experience in conducting and managing multi-country

research activities and providing consultancy services in the field of labour migration,

diplomacy and bilateral and multilateral cooperation for international organizations

particularly Arab states. Established professional networks with African missions,

diplomatic community and migrant worker associations in the Arab states will be

advantageous. 25

Technical Knowledge and Experience in the specific area of work: prior experience

in the field of labour migration, diplomacy, bilateral and multi-lateral cooperation,

protection of migrant workers. 25

Overall quality and flow of the proposal 10

Maximum Score 70

Minimum Acceptable Score to be considered for financial evaluation. 50

Management Arrangement:

The consultant will work under the direct supervision of the Project Manager and Technical Officer of JLMP Lead based in Addis Ababa. S/He will also get support from the AU JLMP team as well as ILO specialists in the Africa region, Arab states and Headquarters.

Payment Schedule:

Payment will be effected on two instalments as follows

• First payment: 30% of the contract value will be paid to the consultant up on submission of the inception report to the satisfaction of the ILO.
• Second Payment: 70% of the contract value will be paid up on submission of the final report to the satisfaction of the ILO.

[1] ILO Global Estimates on International Migrant Workers – Results and Methodology – Third edition (2021)

[2] 12 Arab States including Bahrain, Iraq, Jordan, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia, Occupied Palestinian Territory, Syrian Arab Republic, United Arab Emirates, and Yemen)

[3] ILO Global Estimates on International Migrant Workers – Results and Methodology – Third edition (ILO, 2021)

[4] ILO Global Estimates on International Migrant Workers – Results and Methodology – Third edition (ILO, 2021)

[5] Africa-Arab States Tripartite Interregional Meeting on Labour Migration: Concept Note (2021)

[6] According to UN DESA’s International Migration Report 2020 (Highlights), the stock of African migrants in Western Asia (including the Arab states) is 4.1 million, of which 3.4 million are from North Africa

[7] Kennedy, A., et al. (2018). Africa Labour Migration to the GCC States: the Case of Ghana, Kenya, Nigeria and Uganda, ITUC Africa

[8] The Gulf Cooperation Council (GCC) brings together six Arab countries – Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates – to further political and economic integration amongst them

[9] Mapping of Consular Representations and Services Assessment: Key Migrant Worker Corridors For East And Horn Of Africa (EHoA) Member States(IOM, 2022)

[10] Mapping of Consular Representations and Services Assessment: Key Migrant Worker Corridors For East And Horn Of Africa (EHoA) Member States(IOM, 2022)

[11] This would include countries of GCC with addition of Lebanon and Jordan

[12] The countries of origin should be determined based on an assessment of relevance as per migration flows.

How to apply

All interested Consultants can send questions if any to the ILO’s Procurement Unit in Addis Ababa, Ethiopia ([email protected] until 21 February 2024. Questions will be answered and shared by Close of Business on 23 February 2024.

Completed technical proposal not exceeding 1500 words with CV highlighting relevant experience as corresponding to criteria indicated above as well as other supporting documents and financial proposals with an all-inclusive fee per day are to be submitted to [email protected] on 01 March 2024 before 23:30hrs EAT.

Please indicate “JLMP- Assessment of diplomatic missions of African Countries of origin” in your email subject line. Applications received after the deadline will not be considered.