CONSULTANCY ON SCOPING OF LABOUR MIGRATION POLICIES AND STRATEGIES IN SADC MEMBER STATES
1. Background
The Regional Indicative Strategic Development Plan (RISDP) (2020-2030) recognizes the need for concerted action by key actors across the world to harness the opportunities brought about by migration, while addressing the evolving challenges in a sustainable manner. It is underscored that both countries of origin and destination stand to benefit from well-managed migration as migrants can be a source of critically needed skills as workers and entrepreneurs, while at the same time contributing to socio-economic development in their home countries through remittances, among other means. However, these results are not automatic as poorly managed migration processes can result in “resentment, discrimination, human rights violations, illicit criminal activity, exploitation and social unrest.”[1] The Covid-19 pandemic and its far-reaching impacts, including lockdowns, restrictions on general movement and international travel in particular, added to the complexity of migration management, thus putting a greater demand on Member States to enhance migration management in line with Sustainable Development Goal Target 10.7. Target 10.7 seeks to facilitate orderly, safe, regular and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies.
As pointed out in RISDP (2020-2030), the total migrant stock in SADC is estimated at 3% of the region’s population (around 8 million people).[2] Available data also shows that intra-SADC migration accounts for about 45% of the migrant stock, with South Africa hosting about 58% of migrants from the region although emerging patterns suggest increasingly more diverse flows involving more countries.[3] [4] There is also evidence to suggest that labour migrants are increasingly being involved in other sectors and higher skilled occupations beyond the traditional mining and agricultural sectors. It is also notable that according to 2019 UNDESA data, South Africa is host to the highest number of international migrants in Africa (more than 4 million).
It is in light of the above that SADC is implementing a number of measures to strengthen migration management and to remove obstacles to the free movement of capital and labour, and that of the people, in line with SADC Treaty objectives. A lot has been achieved on the policy front, including the adoption of the Protocol on Facilitation of Movement of Persons (2005), which has recently received additional ratifications towards entry into force.[5] Article 18 of the Protocol addresses the right to establishment. In the specific area of labour, the Member States adopted the SADC Labour Migration Action Plan (2020-2025) and SADC Guidelines on Portability of Social Security Benefits in March 2020. To add further impetus, the Member States have embarked on the development of a regional migration policy framework to enhance coordination across relevant sectors.
2. SADC Labour Migration Action Plan (2020-2025)
The SADC Labour Migration Action Plan (LMAP) (2020-2025) is a new initiative by Member States to promote safe and regular movement of workers in the region as an integral component towards realisation of SADC Vision 2050, the SADC Industrialisation Strategy and Roadmap (2015-2063), as well as the medium term RISDP (2020-2030).[6] SADC Ministers of Employment and Labour and Social Partners adopted the Action Plan at their meeting of 2-6 March 2020 in Dar es Salaam, United Republic of Tanzania. The SADC Guidelines on Portability of Social Security Benefits were also adopted at the same meeting.
The LMAP is amplified in RISDP (2020-2030) as one of the explicit key intervention areas to enhance labour mobility within the framework of Social and Human Capital Development (Pillar 3), under the strategic objective on decent work opportunities for full and productive employment. More specifically, the Action Plan reaffirms that well managed labour migration is mutually beneficial and can facilitate greater development and economic stability for all countries. The Action Plan highlights the need for interventions to protect and safeguard the rights and welfare of migrant workers, and thus give them better opportunities to contribute to countries of origin and destination. These interventions remain important in the Covid-19 context as Member States seek to address the welfare needs of migrant workers and members of their families. The following are the three strategic objectives to be implemented, through an inclusive and gender-responsive approach:
i) To strengthen labour migration policies and regulatory systems for better labour migration governance;
ii) To protect migrant workers’ rights and improve advocacy and awareness of their contribution to development and regional integration; and
iii) To enhance the participation of migrant workers in socio-economic development processes in countries of origin and destination.
In renewing their commitment to enhance labour migration through the new Action Plan, Member States and social partners appreciated that significant challenges still have to be overcome. They noted that previous efforts had been hampered by, among other factors, resource constraints for implementation at Member States level and coordination at regional level; multiplicity of planned outcomes and interventions; and weak inter-sectoral coordination. The new Action Plan seeks to overcome these challenges through improved capacity building, focused activities and better coordination, in the context of an all of government/society approach. A dedicated technical committee of labour migration experts from the Member States and social partners has been mandated to enhance implementation and coordination.
[1] RISDP (2020-2030)
[2] https://www.un.org/en/development/desa/population/migration/data/estimat…
[3] UNCTAD, 2018
[4] SADC Labour Migration Action Plan (2020-2025)
[5] Ratified by 7 Member States as at August 2020
[6] SADC Vision 2050: A peaceful, inclusive, competitive, middle to high income industrialised region, where all citizens enjoy sustainable economic well-being, justice and freedom
3. Consultancy Objectives and Problem Statement
Effective implementation of LMAP (2020-2025) will require the strengthening of regional-national linkages whereby interventions at regional, bilateral and national levels are integrated and mutually reinforcing. This means that programming at all levels will need to be informed by an understanding of the most viable means of implementation depending on the progress and priorities of Member States throughout the plan period. In other words, efforts should be made to focus on programmes and activities that will result in maximum impact at both regional and national levels.
Accordingly, the Consultant is required to undertake a scoping of the labour migration policies and strategies of Member States to collect baseline information and determine the interventions to be prioritised for implementation. This entails a review of relevant literature, encompassing existing policy and legislative documents on labour migration, as well as engagement of Member States, social partners and other relevant actors through appropriate methods taking into account challenges posed by Covid-19. The Consultant will also be required to develop an indicative costed implementation plan for inception activities that will facilitate the LMAP’s take-off.
4. Scope of the Consultancy
In relation to the above-stated objectives, the Consultant is expected to undertake the following tasks:
i) Document the progress being made by Member States in enhancing labour migration management through policy development, legislative and programmatic measures, highlighting the key priorities and actions being pursued. This includes an analysis of the possible impacts of these measures on employment, growth and poverty eradication;
ii) Analyse the opportunities and threats to effective implementation of LMAP, including the Covid-19 pandemic and its diverse impacts on mobility, labour markets and economies in general, as well as other factors such as technological, demographic and climatic changes;
iii) Evaluate the capacity of Member States, social partners and other key actors to implement the LMAP in relation to their key priorities and action plans, identifying the needs for capacity building in relevant competence areas at both regional and national levels;
iv) Provide concrete recommendations and strategic approach towards strengthening the capacity of SADC and MS on the implementation of LMAP and overall labour migration governance;
v) Identify opportunities for synergies and coordinated implementation of activities taking into account Member States’ various commitments at global, continental, regional and national levels. This includes an approach to foster greater cooperation across different sectors that have a bearing on the LMAP’s targeted outputs; and
vi) Identify and cost catalytic interventions and activities to facilitate sustained implementation of the LMAP, taking into account gender dimensions and the need to mainstream responses to Covid-19 and its impact.
5. Expected Outputs
i) Report on scoping of labour migration policies and strategies in SADC Member States; and
ii) Costed implementation plan for priority/catalytic interventions and activities, taking into account the scoping report.
6. Deliverables and Timeframe
The Consultant will require 45 days, delivering the outputs by no later than 28 February 2021. The expected main activities and deliverables are as follows:
I. Phase – Inception
Main Activity – Prepare and submit inception report detailing methodology
Deliverables – Inception Document with detailed methodology, and work plan with detailed time schedule for the assignment. (2 days)
II. Phase – Literature review and development of tools
Main Activity – Conduct detailed literature review and develop tools to guide interviews
Deliverables – Literature review, research protocol and tools (5 days)
III. Phase – Field work
Main Activity – Collect and analyze data from Member States
Deliverables – Data collection and analysis; preliminary report of findings (30 days)
IV. Phase – Report writing
Main Activity – Draft and submit report with proposed recommendations
Deliverables – Final draft report (5 days)
V. Phase – Validation
Main Activity – Present draft report and recommendations to stakeholders for validation
Deliverables – Final report (3 days)
7. Qualifications and Competences
i) Education: Advanced university degree in Social Sciences, Development Studies, Anthropology, or Demography;
ii) Experience: A minimum of 10 years’ experience in migration management, international development, development policy and/or research and analysis, preferably with a focus on migration or migration related subjects. Demonstrated knowledge of SADC policies and strategies, as well as familiarity with the institutional landscape and political economy in the SADC region;
iii) General skills: Demonstrated analytical skills and excellent communication and report writing skills; and
iv) Language: Written and spoken English. Knowledge of French and Portuguese is an advantage.
8. Evaluation Criteria
Prospective consultants will be evaluated for suitability to undertake the task based on the following criteria:
· Education and Training (refer 7.i) – 20 points
· Specific skills (refer 7.ii) – 60 points
· General skills (refer 7.iii) – 20 points
9. Management Arrangements and Conduct of Work
i) The Director of Social and Human Development at the SADC Secretariat will be responsible for overall execution of the consultancy, with technical support from IOM and ILO. The consultant shall be under a joint contract with ILO and IOM.
ii) The consultant will be expected to work from his or her own offices and to use their own facilities.
10. Monitoring and Evaluation
The consultant will be required to ensure reporting against measurable indicators. These indicators should reflect the consultant’s commitment to delivering quality outputs in a timely manner, aligned to the agreed methodology as proposed in the inception report. The final set of indicators should be provided in the inception report along with progress to be monitored.
11. Remuneration and Payment Schedule
This assignment will be implemented over 45 days, at remuneration scales commensurate with demonstrated experience, education and skills levels. The fees will be paid in accordance with deliverables in the following proportions:
i) 30% upon submission and acceptance of Inception Report;
ii) 50% upon submission and acceptance of the final draft Report
iii) 20% upon validation and submission of final validated Report