TERMS OF REFERENCE (TOR) Consultancy: Moderation and Facilitation of a Consultative Forum for Stakeholders in Labour Migration – November 2022

Centre for Domestic Training and Development (CDTD)

TERMS OF REFERENCE (TOR)

Consultancy: Moderation and Facilitation of a Consultative Forum for Stakeholders in Labour Migration – November 2022

1.0 Organizational background:

Centre for Domestic Training and Development is a National, Non-Governmental Women Rights Organization that works towards better human rights and employment outcomes for Domestic Workers, especially girls and women in Kenya, through advocacy, skills training, job placement, education and protection. Established in 2001, CDTD’s mandate is to equip unskilled women and prospective local and migrant domestic workers from vulnerable and disadvantaged backgrounds with transitional skills for survival and employment. CDTD implements numerous programs to mitigate the vulnerabilities faced by girls and young women at risk of abuse and exploitation, while creating opportunities for them to recover and reintegrate into society. Over the years, CDTD’s holistic programming has benefitted child and adult victims and survivors drawn from: Abusive Domestic Work, Worst forms of child labor (WFCL), SGBV – Sexual and Gender Based Violence; illegal migration; refugees and asylum seekers; forced migration, local and cross-border trafficking settings among others.

CDTD offers training in homecare management and pre-departure, labour relations and rights, literacy and continuing education, and HIV/AIDS education. CDTD has endeavoured to dignify domestic work using a five-pronged approach of Protection, Skills Training, Economic Empowerment, Mobilization, and Advocacy. Owing to their vulnerability, occasioned by poverty and lack of education, most program beneficiaries have suffered untold abuse and human rights injustices in the hands of employers. To counter the gross abuse of human rights in the Domestic Labour Sub-sector, CDTD equips the youths and young women not only with skills but also empowers them with information on their rights and obligations so that they can negotiate fair terms and conditions of employment.

2.0 Project background:

The problems being experienced in the Middle East by Kenyan migrants workers signal the tip of an iceberg in labour migration in Kenya. Kenya reopened the official export of labour to the Middle East in 2019 after the government lifted a 5-year ban imposed in 2014 following complaints by the international community on the mistreatment of Kenyan migrant workers and unethical labour recruitment practices akin to human trafficking within its borders. The Gulf Cooperation Council (GCC) countries are the largest hosts to Kenyan migrant domestic workers with the Kingdom of Saudi Arabia taking the largest share of Low skilled Laborers migrating under a Bilateral Labour Agreement signed in 2019. This has not been seen to be bearing the much-required outcome as the situation of mistreatment of migrant domestic workers prompted the government through the Parliamentary Committee on Labour to conduct a public inquiry into the issues of migrant women domestic workers in Saudi Arabia last year. CDTD was among the WROs working with domestic workers that participated in this process by submitting recommendations. The past couple of months have been the worst for Kenyan migrant domestic workers as reported by our media, both print and electronic which has been awash with sad tales of Kenyan domestic workers returning home from the gulf in tears to the chagrin of their relatives and Kenyans from all walks of life. Recently, the Ombudsman’s Office released its own report on the Plight of Kenya Migrant Workers in the Kingdom of Saudi Arabia with key recommendations that if implemented could salvage the Migrant Workers Program that has the potential to fight poverty, provide decent work and economic growth as well as contribute to reduced inequalities as envisioned in the UN Sustainable Development Goals {SDGs)} and Kenya’s Vision 2030.

CDTD has entered into partnership with the Urgent Action Fund-Africa (UAF-A) and the International Labour Organization in the implementation of a project on bringing together key stakeholders to deliberate on the crisis and harmonize recommendations of both the parliamentary committee, as well as those of the ombudsman and any other inputs from stakeholders. The project seeks to heighten accountability within the Migrant Domestic Workers program and forge ways to act on the recommendations from the parliamentary committee and the ombudsman reports on the crisis in Saudi Arabia through holding a one-day physical consultative forum for stakeholders in the migrant domestic workers’ sector and to unpack the reports’ recommendations and harmonize stakeholders’ input into actionable recommendations to be acted upon by the relevant stakeholders.

3.0 Assignment Objectives:

It is on this background that CDTD is seeking the services of a qualified Labour Migration Consultant or individual to support in harmonizing all stakeholders’ inputs and package them into a report with actionable recommendations to be shared with the Ministry of Labour and social protection to help streamline labour migration. In addition, CDTD intends to work with present stakeholders to form a Technical Working Group that will play a supportive role to the Ministry of Labour and Social Protection, NEA and NITA to address the issues currently bedeviling labour migration in a holistic manner.

4.0 Project deliverables:

In a bid to heighten accountability within the Migrant Domestic Workers the Labour Migration program and forge ways to act on the recommendations from the parliamentary committee and the ombudsman reports on the crisis in Saudi Arabia, the consultant will be expected to;

1. Familiarize and analyze the report and the recommendations of the ombudsman on the crisis of migrant domestic workers in Saudi Arabia and the report from the parliamentary labour committee on the inquiry of the mistreatment of domestic workers in Saudi Arabia as they form the basis and direction of the discussions.
2. Prepare a program for the one-day stakeholders’ forum, moderate the forum by leading and guiding the arranged discussions, maintaining order during the event, collating the views expressed and taking notes of all deliberations.
3. Guide the process of forming a technical working group comprising a representation of different stakeholders in the forum.
4. Prepare a comprehensive report on the forum harmonizing stakeholders’ input and recommendations and submit it to CDTD within 7 days after the forum.

5.0 Duration and timelines:

A draft program of the forum should be shared with CDTD for input three days before the forum date while the report of the consultative forum should be submitted to CDTD seven days after the date of the forum.

6.0 Qualifications and competencies:

· Master’s degree or higher in Migration Studies, Gender Studies, Public Policy, International Affairs, Development, Economics, or other fields of Social Science. A first-level university degree in combination with two additional years of qualifying experience may be accepted in lieu of the advanced university degree.

· At least 5 years’ work experience relevant to labor migration and gender and development in the Kenyan Context.

· Previous work with UN agencies or other international organizations an advantage;

· Ability to communicate fluently and write in English.

· Strong report writing skills (please submit 2-3 writing samples); and

· Proven experience in conducting facilitation and moderation of workshops within an NGO and or Civil Society Setting in Kenya.

7.0 Payment and submissions:

The amount to be paid will be negotiated with the consultant based on their proposed budgets.

A payment of 60% of the total agreed sum shall be made upon contracting while the remaining balance shall be settled after the successful submission and approval of the forum report.