Recruitment Policy Consultant

BACKGROUND INFORMATION

Over the past two decades, Tajikistan has witnessed a large-scale outflow of labour migration; approximately one-tenth of the country’s population is employed abroad. Outbound labour migration from Tajikistan is a key livelihood strategy and contributor to the country’s development with official remittances amounting to roughly USD 3.2 billion in 2022 according to the World Bank, over 30 per cent of the country’s GDP. Despite the importance of labour migration, it remains largely under-regulated. Most migration to the Russian Federation occurs in an unstructured manner with prospective migrants using informal social networks to plan their migration strategies and seeking employment upon arrival in countries of destination. New regular migration pathways are emerging, for example to the UK through the UK’s Seasonal Worker Scheme, Turkiye, Qatar, South Korea, Kazakhstan and Japan.

To establish a transparent, organized and reliable recruitment programme of Tajik migrant workers, the Ministry of Labour, Migration and Employment of the Population in Tajikistan has established two State Recruitment Agencies (SRAs) (the State Agency for Employment Abroad and the Center for Consultation and Preparing Migrants before Migration) and regulates the activities of 46 Private Recruitment Agencies (PRAs) (although only 24 are currently active in the market) to regulate out-migration and ensure it is regular, safe, and orderly.

However, due to the absence of a robust regulatory framework governing the provision of recruitment-related services (of both SRAs and PRAs), more than half of the PRAs remain inactive and those that are active are only able to serve several hundred prospective migrants annually. This does not match the government-outlined indicators and targets. In addition, the use of SRAs and PRAs by the Tajik public remains low. A recent IOM study showed that this is, in part, due to i.) limited knowledge among Russian Federation employers on how to access these recruitment services in Tajikistan, ii.) limited interest or knowledge among prospective migrants on how to access these recruitment services, and iii.) a lack of institutional capacity among SRAs/PRAs to effectively respond to the needs of employers and migrant workers in terms of job-matching.

The prevalence of informal or ineffective recruitment mechanisms has negative consequences for both employers and labour migrants, particularly in lower skilled occupations and limits the regulation of safe, orderly and regular mobility pathways. The absence of formalized recognition of credentials or competency-based assessments often results in a mismatch between occupational demands and available workers which can lead to lowered workplace productivity and suboptimal use of human resources. For workers, poorly managed recruitment can lead to greater risks of abuse and exploitation, underemployment and informal employment, and risks of irregularity stemming from overstaying as a means of meeting migration-related goals, including the elimination of debt. Further to this, there are concerns that Tajiks who migrate without assistance from SRAs are often less prepared in terms of understanding the terms and conditions of the employment contract and their rights and responsibilities living abroad, including how to access available grievance and protection mechanisms in case of dispute or harm as they do not access pre-departure orientation information.

It should be noted that the current law on migration (established in 1998 with several amendments over the past two decades) does not clearly describe the functions, roles and responsibilities of either SRAs or PRAs.

OBJECTIVE OF THE CONSULTANCY

The overall objective of the consultancy is support the Government of Tajikistan in reviewing and developing a comprehensive policy on recruitment agencies (public and private) providing services for employment abroad, aligning it with international standards and ethical recruitment principles, including the IRIS principles.

The specific objectives of the assignment include:

• To conduct a desk review of existing legislation, policies, institutional structures and coordination mechanisms (national and international) as well as international practices and guidance related to regulation of the operations of the private and public recruitment agencies providing services for employment abroad.
• To conduct in-depth interviews, consultations and group discussions with relevant government agencies, private sector partners, recruitment agencies, international organizations and other relevant stakeholders working in the area of foreign employment to discuss existing regulations and practices of providing services for employment abroad and identify main proposals for the improvement of current regulations.
• Based on the review and consultations, develop the on the draft proposal of the legislation n regulating the work of private and public recruitment agencies providing services for foreign employment of the citizens of Tajikistan.

TASKS TO BE PERFORMED WITHIN THE CONSULTANCY

Under this assignment an International Consultant will be closely collaborating with the National Consultant and the Working Group established by the Ministry of Labour, Migration and Employment of the Population. In particular, he/she will be leading on the design of the methodology of the review and consultations, desk review of the international policies and practices and drafting a proposal of the legislation. Two Consultants will be working under this assignment, one International Consultant and one National Consultant. Both Consultants will be working in close coordination with each other and contributing to all steps of the process. International Consultant shall perform the below tasks:

Part 1. Review the current legislation of recruitment agencies providing services for employment abroad based in Tajikistan (SRAs and PRAs)

• Develop a detailed work plan for the assignment and submit to IOM for approval;
• Develop a methodology for conducting review in coordination with the National Consultant and coordinate with engaged parties for review. The methodology should include:
  • the list of proposed methods for the study;
  • the scope of review and its limitations;
  • main areas of the regulatory environment to be studied (licensing and registration of labour recruiters; scope of duties and responsibilities of private and public recruitment agencies, recruitment fees, inspections and enforcement; access to grievance mechanisms and dispute resolution; cooperation modalities, bilateral and multilateral mechanisms; migrant welfare and assistance, voluntary certifications and code of conducts);
  • proposed list of stakeholders for consultations and interviews;
  • proposed list of countries for studying international experience and practices.
  • Conduct a desk review which should include:

1. Current national legislation ,practices and existing bilateral agreements to identify major gaps, challenges and priorities in regulating the work of foreign employment agencies;
2. Review legislation and implementation mechanisms of at least 3 countries from the Eastern Europe, Caucasus and Central Asia region (E.g. Azerbaijan, Armenia, Moldova) with best practices and propose a model for Tajikistan based on the findings;
3. Review of existing international practices on regulating the work of private and public recruitment agencies outside Eastern Europe and Central Asia region to inform the development of the model for Tajikistan.
   • Conduct a series of meetings, consultations and key informant interviews with relevant Government counterparts, International Organizations, SRAs and PRAs, CSOs to identify gaps, challenges and priorities to be considered while developing a new policy document;
   • Present the findings at the validation workshop.

Part 2. Draft legislation on the recruitment of Tajik nationals in Tajikistan by foreign recruitment agencies based in countries of destination and make it available for Working group for feedback and comments;

• Prepare a work plan for the development of the legislation and submit to IOM for approval;
• In coordination with the National Consultant and based on the results of the desk review and previous consultations with the stakeholders and partners, develop the draft proposal for legislation on recruitment of Tajik nationals by public and private recruitment agencies;
• Present the document to the Working group established by the Ministry of Labour and IOM and discuss it;
• Analyze and incorporate feedback collected by the members of the WG in the draft proposal of the legislation;
• Present the final version of the legislation to the Ministry of Labour, Migration and Employment and IOM.
• Attend meetings with the Ministry of Labour, Migration and Employment and IOM to discuss the expectations and discuss any support or potential challenges;

TIMELINE OF DELIVERABLES

By 30th April 2024

Part 1. Review and develop the legislation on recruitment agencies based in Tajikistan (SRAs and PRAs)

Inception meetings, workplan and methodology (inception report) – by 15th March

• Develop a work plan and submit to IOM for approval;
• Develop a methodology for the review in coordination with the National Consultant and coordinate with engaged parties;

Desk research, interviews and consultations – by 15th April

• Conduct desk review;
• National legislation to identify gaps, challenges;
• Review legislation and implementation mechanism of 3 countries with the best practices and propose a model for Tajikistan based on the findings;
• Conduct series of meetings and key informant interviews with relevant Government counterparts, International Organizations, SRAs and PRAs, CSOs to identify gaps to be considered while developing a new policy document;
  • Present the finding at validation workshop;

Validation workshop and report on results of desk review – by 30th April

By 31st August 2024

Part 2. Draft legislation on the recruitment of Tajik nationals in Tajikistan by foreign recruitment agencies based in countries of destination and make it available for Working group for feedback and comments;

Consultations and development of the draft legislation proposal – by 30th June

• Develop a work plan for the development of the legislation and coordinate with engaged bodies;
• In coordination with the National Consultant develop a law on recruitment abroad;

Presenting the draft proposal to the Working Group – by 31st July

• Present the document to the Working group established by the Ministry of Labour and IOM, and incorporate feedback and comments.
• Analyze and incorporate feedback collected by the members of the WG;

Final legislative proposal – by 31st August

• Present the final version of the legislation to the Ministry of Labour, Migration and Employment and IOM.

MANAGEMENT ARRANGEMENTS

The selected International Consultant shall sign a contract with IOM for stipulated assignments. The Consultant will work under the direct supervision and guidance of the IOM assigned staff. The submitted deliverables, which should be provided in Tajik/Russian language, shall be endorsed by the IOM Tajikistan and the Ministry of Labour, Migration and Employment of the Republic of Tajikistan assigned staff.

QUALIFICATIONS AND COMPETENCIES FOR THE CONSULTANCY:

a. Education:

• Advanced degree (PhD or MA) in law, public affairs and/or other social science related areas relevant for the assignment;
• Complementary studies in economics and/or international development will be an advantage;
• Other formal education relevant for the assignment;

b. Experience:

• 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;
• At least 5 years of proven experience in providing capacity building interventions to public administration agencies on migration policy issues;
• At least 5 years of proven experience in developing analytical work in migration-related fields;
• Experience in working with public administration agencies, international organizations and IOM and/or UN agencies in particular.

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;
• Knowledge of the Tajik migration regulatory, legal and institutional framework would be an asset;
• Familiarity with IOM’s mandate;
• Excellent knowledge of Russian is a must and English will be an asset;
• Availability for the envisaged period and high mobility and flexibility.

d. Diversity:

IOM adheres to the core values of the United Nations; in particular, is respectful of differences of culture, gender, religion, ethnicity, nationality, language, age, HIV status, disability, and sexual orientation, or other status.