Invitation Letter RFP-AFG- 0012 Provision of Consultancy Services

Terms of Reference for Danish Refugee Council (DRC), An analysis of Protection risks of deportees in Afghanistan

The research seeks to gain further insights on the protection risks faced by Afghans forcibly deported from Iran and Pakistan, the reasons behind the deportation decision, vulnerabilities of the people that are being deported, and challenges and opportunities for local re-integration in the areas of return.

Country Office

DRC Afghanistan

Project Area

Afghanistan, including border crossings and selected areas of return

Consultancy timeline

All deliverables should be completed by the 31st of March 2023

Introduction

1. Project

The research seeks to gain further insights on the protection risks faced by Afghans forcibly deported from Iran and Pakistan, the reasons behind the deportation decision and vulnerabilities of the people that are being deported. Findings from inter-agency protection monitoring and DRC research have evidenced how irregular migration is an increasingly widespread negative coping mechanism resulting from lack of opportunities to survive in particularly shock-affected communities in Afghanistan. However, often Afghans who undertake irregular migration journeys are either being deported back from authorities of destination countries or pushed to undertake a risky journey back to Afghanistan, due to their inability to integrate and find decent work.

Preliminary observations from protection monitoring and anonymised case management of protection actors are also indicating that these groups face significant protection threats once they are back in Afghanistan.[1] From past reports, these may include: risk of secondary displacement if returnees receive inadequate support in areas of return; limits to absorption capacities in areas of return until security/economic situations improves; specific legal, physical risks on returning to areas of origin; lack of community support networks; lack of access to land.[2]

Overall, there is a paucity of studies on the risks and conditions of forcibly returned Afghans. The present research seeks to gain further information on emerging patterns and trends with regards to the deportation of Afghans. This remains a largely under-studied area whereby existing information is scant and largely based on anecdotal information, particularly since the takeover by the Islamic Emirate of Afghanistan (IEA) in August 2021. The purpose of this study will therefore be to gain additional evidence to complement existing information on this issue from other sources.

The main audience for this research is donors and humanitarian actors operating in Afghanistan including relevant inter-agency clusters and regional policy and coordination mechanisms. The research is conducted primarily to understand emerging trends in the legal/political context and emerging protection risks for deportees, both at the point of return into Afghanistan and upon re-integration within the community. The findings will be used to inform DRC internal programming as well as provide information for advocacy purposes.

The findings will be used to produce a briefing paper of 10-20 pages, split into sections aligning with the main research questions, with the aim to be easily readable and digestible. The final briefing paper will be shared with relevant partners, including donors, UN Agencies, NGOs, and other relevant stakeholders. In particular, it will be presented at the Protection cluster at country and sub-national levels and other relevant sub working groups and forums both in Afghanistan and at the regional level.

2. Context

Afghanistan has experienced waves of returns from surrounding neighbouring countries throughout the years. Most notably in 2002, when 1.8 million refugees returned[3] and then in 2016-2017 when 1.2 million undocumented Afghans returned from the Islamic Republic of Iran and Pakistan. Of these, 39% were forcibly deported back (494,328).[4] Although complete statistics are difficult to come by, forced returns have continued to occur since the takeover of the IEA in August 2021. According to a IOM- DTM report[5], a year since the takeover of the IEA, a total of 4.6 million movements over land into Afghanistan were documented. Almost three quarters (72%) of all the inflows into Afghanistan were reported from Pakistan. On average, 62% of returns during this period were involuntary. Significantly, from January to July 2021, 54% of all returns were deportees. The proportion of involuntary returns/deportees increased to 72% in the August to December 2021 period. An HRW report, Turkey’s deportations of Afghan national dramatically increased from 2021 to 2022. Turkey deported 44,768 Afghan national back to Afghanistan in the first 8 months of 2022, representing a 150 percent increase over the number of Afghan nationals deported in the first 8 months of 2021. [6] Although Afghanistan’s forced displacement legal and policy framework has been evolving over the years, it has reflected significant shortcomings. Most notably, the 2013 National Policy on Internally Displaced Persons (IDP Policy); the 2017 National Policy Framework on Returnees and IDPs (National Policy Framework), and 2005 Presidential Decree Number 104 on Land Distribution for Shelter to Eligible IDPs and Returnees (PD 104) constitute the basics of Afghanistan’s forced displacement legal and policy framework.[7]

However, an assessment conducted by the World Bank has shown that these frameworks do not provide full protection for asylum seekers, refugees and stateless persons. Due to the lack of a national refugee legislation, people in need of international protection fall outside this protective umbrella. The existing legal and policy instruments contain potential gaps and inconsistencies such as trouble accessing civil documentation, failure to establish effective land distribution scheme for IDP and returnees due to strict eligibility criteria.[8] With the takeover of the IEA, many of these shortcomings have likely been exacerbated and are conflating with a general collapse of the country’s economic and judicial sectors.

3. DRC in Afghanistan

DRC has worked in Afghanistan since the 1990s, through Humanitarian Mine Action, and expanded its scope and reach of programming in 2011 to provide multi-sector and holistic packages of assistance. We currently work in four regions of the country (West, East, South and Central), focusing on the most vulnerable and at-risk of conflict and natural disaster-affected populations, including IDPs, host communities and documented/undocumented returnees.

Under the Strategy 2025, DRC Afghanistan will implement a comprehensive programme aimed at increasing protection and enhancing inclusion across Emergency, Protection, Economic Recovery, Shelter & Settlements, Camp Coordination and Camp Management, and Humanitarian Disarmament & Peacebuilding sectors. Due to the unpredictability of the Afghan context, DRC will maintain capacity to respond to sudden and large-scale emergencies, while also promoting the transition to long-term recovery programming.

DRC is a lead Protection actor in Afghanistan where it is implementing a range of general protection services. These include psychosocial support, legal counselling and awareness as well as support to obtaining civil documentation, protection monitoring. DRC is also co-leading the protection cluster in two provinces (south and west) and has a growing presence at the main border crossings between Afghanistan and neighbouring countries, where teams provide Explosive Ordinance Risk Education (EORE) as well as limited protection support in terms of operating a call center for the reunification of families of individuals arriving at the border and supporting in referrals as needed.

DRC mission in Afghanistan currently operates across 18 provinces from four Area Offices and one Country Office. The mission includes more than 1,000 staff, for a projected portfolio of approximately 50 million USD for 2022.

the consultancy

The objectives of the consultancy are the following:

1. Develop a relevant and appropriate data collection framework for routinely gathering protection monitoring data on Afghan deportees at the border crossing and in locations of return
2. Acquire a better understanding of the different profiles and risks faced by Afghans who migrated to Pakistan and Iran before deportation, at the point of entry into Afghanistan and during the process of local re-integration
3. Gather relevant information to inform Protection programmes targeting at-risk Afghan deportees at the border crossing and at the community-level, in areas of return
4. Promote evidence-based national and regional-level advocacy on this topic within the Afghan displacement axis

Key research questions to be addressed by the CONSULTANT

Preliminary research questions for this study are outlined below. It is important to note, however, that these will be reviewed and finalised by the consultant who will be leading on the research as part of the development of the inception report:

1. What are the circumstances that lead to Afghans being deported?
2. What are the reasons for which people are being deported back to Afghanistan?
3. From where are people being deported from and which locations are they heading to in Afghanistan?
4. What are the profiles (including specific vulnerabilities) of people that are being deported back to Afghanistan?
5. What are the protection risks faced by forcibly returned Afghans once they return (at the point of return Afghanistan)?
6. How do these groups cope with these risks- what support networks are available to them?
7. Among deportees, are there certain profiles (including ethnic, religious groups, political affiliation, work/public history, etc.) that are more exposed to protection risks once forcibly returned to Afghanistan?
8. What are the risks and challenges faced during local re-integration?
9. What are the perceptions of local community members of newly arrived deportees?
10. Do deported Afghans feel a heightened sense of insecurity?
11. How have Afghan deportees changed their behaviours to address/cope with the potential risks/ threats upon their return?
12. What the challenges of international organizations dealing with deportation cases? (legal issues, bureaucratic issues, lack of knowledge etc).

In order to answer the research questions, the consultant should adopt, at minimum, the following research methodologies:

1. Survey administered at border crossings to deportees/undocumented returnees
2. Profiling of deportees with more at-risk profiles in areas of return, to understand risks, challenges and opportunities faced during local re-integration

consultancy deliverables

The ultimate deliverables of this consultancy will be:

1. An in-depth report (10-12 pages) covering the research questions detailed above and including executive summary and clear recommendations for programming and advocacy
2. One internal (to DRC staff only) and one external presentation of the findings, as agreed during inception phase
3. Development of a relevant protection monitoring survey to be administered by DRC Protection staff to deportees at border crossings; this shall be piloted during the consultancy with the purpose of data collection for this study and with the intention to develop a tool that can be used during routine DRC Protection programme beyond the scope of the study
4. Training to DRC protection staff on the survey tool, sampling and general data collection methodology

For the purpose of managing the research process, the following interim deliverables are expected from the consultant:

1. Consultancy kick-off meeting;
2. Bi-monthly in-person/Skype meetings;
3. Inception report and draft of tools used for primary data collection for review and approval by DRC;
4. Draft assessment report presenting the findings for comments;
5. Final report in English incorporating comments from DRC. The report should include the following sections as minimum requirements:
   1. Executive Summary
   2. Methodology
   3. Presentation of findings
   4. Recommendations for programmes and organizational processes and policies
   5. Annexes: ToR, workplan, tools, bibliography, infographics

The final assessment report will be reviewed for quality and final payment will be made upon submission of a satisfactory report, completion of all planned trainings and transfer of all raw data and training material files. DRC has sole ownership of all the final data and any findings shall not be reproduced or shared without the expresses written permission of DRC.

Methodology

The report will be qualitative and relying on a mixed method approach as follows:

1. First, a literature review of secondary sources will be conducted.
2. Primary qualitative data will be collected from mid-January – end of February 2023. Primary data will comprise:
   1. Protection monitoring at the border crossing, including quick (10 minutes max) survey administered to deportees/undocumented returnees to better understand their intention and risk profile;
   2. In-depth interviews with various deportees with different risk profiles in their locations of return to better understand opportunities and challenges related to their re-integration as well as protection concerns;
   3. Key informant (expert) interviews with (I)NGOs, UN staff, civil society.

Data collection will respect the principles of anonymity and informed consent. All interviewees will be able to withdraw their permission to continue at any time during the interview. All information will be fully anonymized and will only be used where people have consented to usage. No information which could potentially be used to identify specific people will be used during research.

Timeline

The proposed timeline for data collection is included below:

• 15/01: Selection of the consultant and contracting process
• 15/01 – 31/01: finalization of inception report and data collection methodology
• 01/02 – 28/02: data collection
• 01/03 – 31/03 (hard deadline with no possibility of extension): development of report and presentation to DRC and other stakeholders as agreed during inception stage

DRC contribution

DRC will allocate a focal point (DRC Protection Coordinator) that will support the selected consultant throughout the duration of the project, who will provide overall guidance on the research methodology and data collection, as well as linkages with relevant stakeholders for consultations and key informant interviews. Additionally, DRC will be able to provide the selected consultant with enumerators for data collection at the border crossings. These are DRC staff currently stationed in these locations who can be trained in the administration of the survey and data collection methods.

Following the kick-off meeting, DRC will provide selected consultant with available literature for review, as well as any other available documentary materials required.

During the field visits to selected locations for data collection and trainings, accommodation can be provided by DRC in DRC standard accommodation, if needed. Training halls, stationery, and refreshment for training participants can also be provided by DRC.

The cost of travel and other expenses should be included in the overall quotation for the service.

Consultant Profile

1. The successful applicant will be a reputable local or international firm with demonstrable experience and access to Afghanistan, and expertise in conducting large-scale field assessments. Some of the key requirements are An advanced degree (Master of PhD) in migration studies or the social sciences with expertise in research methods.
2. At least 10 years of experience in designing, undertaking and leading on research projects focusing on migration issues or other humanitarian topics. Proven experience in conducting primary data collection including in fragile/developing contexts;
3. Experience in conducting research and studies focusing population movements, migration and protection risks. Prior knowledge of the Afghanistan context and particularly of mixed migration dynamics, is highly desirable;
4. Excellent analytical and reporting skills. Familiarity both quantitative and qualitative data analyses methodologies. Excellent command of written and spoken English.
5. Experience of coordinating with a diverse set of stakeholders, including NGO staff, government institutes and officials, community members, private sector actors, and local and international NGOs;
6. Experience in developing and delivering training to field teams on data collection and research methods;

Documents to be submitted

1. DRC Annexes: Supplier Registration form, Supplier Code of Conduct, and General Condition of Contract.
2. Detailed proposal, outlining the proposed methodology for the work
3. A detailed work plan for the consultancy (see timeline above)
4. A CV demonstrating relevant experience to the project, including two referees (with phone number and email address)
5. Sample of comparable work (both research and training materials)
6. Detailed budget covering all fees and expenses, which details costs required for each component of the assessment and deliverables
7. At least 3 references related to relevant work previously conducted

COMMITMENT to principled service delivery

In light of the current context in Afghanistan and the sensitivity of the matter treated under this consultancy, the selected consultant shall commit to the following the following principles throughout the entire duration of the engagement with DRC and with regards to the use of the materials collected during the service after the end of the work:

1. Do no harm
2. Free prior informed consent
3. Informant confidentiality
4. Protection of information
5. Non-discrimination and respect
6. Ethical data collection
7. Holistic participation
8. Collaborative learning
9. Cultural sensitivity

Evaluation of consultants

• Administrative Evaluation

A bid shall pass the administrative evaluation stage before being considered for technical and financial evaluation. Bids that are deemed administratively non-compliant may be rejected. Documents listed above shall be submitted with your bid

• Technical/financial Evaluation

Technical/Finance proportion: 75/25

Minimum passing technical score 50

The technical criteria for this consultancy and their weighting in the technical evaluation are:

Technical criteria #

Technical criteria

Weighting in technical evaluation

1

Technical quality of the research proposal

15%

1.2

Demonstrated understanding of the methodology and requested deliverables, all important components of the ToR are sufficiently addressed and considered

10%

1.3

Style, language, sophistication, and presentation

5%

2

Expertise and access

40%

2.1

Demonstrated previous experience of working in Afganistan

10%

2.2

Demonstrated experience in conducting research on protection topics

15%

2.3

Must have access to or presence of a field team for data collection in Afghanistan and a team of researchers available in country of assignment with English language and Dari/Pashto language skills;

15%

3

Personal Qualifications (of staff involved in the project)

20%

3.1

A Master’s degree in economics; economic and political development; political sciences or other relevant subjects

10%

3.2

Must have a minimum of 10 years of experience with assessments or monitoring and evaluation and experience in undertaking assessments in an fragile context

10%

Financial Evaluation*

25%

Total Maximum Score

100%

*Financial Evaluation: the total amount of points allocated for the financial scoring component is 25. The maximum number of points will be allotted to the lowest priced proposal that is opened and compared among those firms/institutions, which obtain the threshold points in the evaluation of the technical component. All other price proposals will receive points in proportion to the lowest financial proposal using the inverse proportion principle: (lower_bid price) *(fin_weighting_proportion) / (next bid price).

[1] UNHCR. (March 2004). Afghanistan: Challenges to return. Available at: https://www.refworld.org/pdfid/4231bc0d4.pdf

[2] OXFAM (January 2018). Returning to Fragility: Exploring the link between conflict and returnees in Afghanistan. Available at: https://oxfamilibrary.openrepository.com/bitstream/handle/10546/620399/rr-returning-fragility-afghanistan-310118-en.pdf?sequence=4

[3] UNHCR (2003). UNHCR returnee monitoring report Afghanistan repatriation January-March 2003. Available at: https://reliefweb.int/report/afghanistan/unhcr-returnee-monitoring-report-afghanistan-repatriation-jan-2002-mar-2003

[4] Ministry of Refugee and Repatriation. (2018). Return and Reintegration Response Plan. Available at: https://www.refworld.org/pdfid/5b2a46f74.pdf

[5] IOM-DTM. (22 August 2022). Mobility dynamics: Afghanistan one year after August 15th. Available at: https://displacement.iom.int/sites/g/files/tmzbdl1461/files/reports/Afghanistan_Mobility_Dynamics_One_Year_FINAL.pdf

[6] HRW. (18 November 2022). “No one asked me why I left Afghanistan”: Pushbacks and deportations of Afghans from Turkey. Available at: https://www.hrw.org/report/2022/11/18/no-one-asked-me-why-i-left-afghanistan/pushbacks-and-deportations-afghans-turkey

[7] World Bank- UNHCR. (September 2017). Afghanistan’s Forced Displacement Legal and Policy Framework Assessment. Available at: https://documents1.worldbank.org/curated/en/117261515563099980/pdf/122556-WP-AfghanistanForcedDisplacementLegalandPolicyFrameworKAssessmentF-PUBLIC.pdf

[8] World Bank- UNHCR. (September 2017). Afghanistan’s Forced Displacement Legal and Policy Framework Assessment. Available at: https://documents1.worldbank.org/curated/en/117261515563099980/pdf/122556-WP-AfghanistanForcedDisplacementLegalandPolicyFrameworKAssessmentF-PUBLIC.pdf

How to apply

Interested bidders are requested to visit below link and apply as per the Requirements of the RFP

please reach out to below email for any questions

Afghanistan Procurement [email protected]