National Consultant - Labour Migration Policy and Labour Management bill drafting for Kenya at International Organization for Migration (IOM)

Program Summary

IOM Kenya in partnership with the Ministry of Labour and other key stakeholders such as National Coordination Mechanism on Migration (NCM) in Kenya is implementing capacity building support for the government of Kenya to develop a Labour Migration Policy (LMP) and Labour Migration Management Bill (LMMB) to enhance protection of Kenyans working abroad. The project is funded by IOM Development Fund (IDF) and based on a request from the Government of Kenya (GoK), through the Ministry of Labour and Social Protection, to provide technical and financial support to develop a national Labour Migration Policy. A draft National Labour Migration Policy was developed in 2010 but it was not adopted. Therefore, the project is to build upon this policy, contextualizing and updating its components to reflect current labour migration trends and stakeholders’ needs.

Through consultations with the National Employment Authority (NEA) and technical working group meetings, IOM will work closely with relevant stakeholders to develop the LMP and LMMB in such a way that ensures streamlining of government approach to labour migration. The policy and bill will align with international instruments including the 1990 UN International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families; the ILO Multilateral Framework on Labour Migration (ILO, 2006); the ILO Domestic Workers Convention, 2011 (No. 189), ILO Convention 97 on Migration for Employment, ILO Convention 143 on Migrant Workers, etc.

To align with gender mainstreaming policies, the LMP and bill will incorporate gender considerations, taking into account gender components and addressing them to respond to the needs of both men and women migrant workers. Key partners in the development of the policy and the bill will include Ministries of Labour and Social Protection, Immigration, NCM, Foreign Affairs, the National Employment Authority, the National Industrial Institute of Training Authority (NITA), the Federation of Kenya Employers, Workers Unions, the Association of Skilled Migrants Agencies of Kenya (ASMAK), Kenya Association of Private Employment Agencies (KAPEA) and civil society organizations to be engaged in developing the policy and the bill.

Objective

The objective of the consultancy is to provide guidance the review process of draft National Labour Migration Policy developed in 2010 and to build upon this policy, contextualizing and updating its components to reflect current labour migration trends and stakeholders’ needs. Further the consultancy will guide the process of drafting the Labour Migration Management Bill.

Responsibilities and Accountabilities

Under the overall guidance of the Chief of Mission, of IOM Kenya,, the direct supervision of the Immigration and Border Management (IBM) Programme Manager, the Consultant will be responsible for providing oversight in the completion of Labour Migration Policy and Labour Management Bill drafting.

In particular he/she will:

• Provide expert support for labour policy and labour bill drafting sessions;
• Conduct inception planning meeting;
• Undertake situational analysis and needs assessment in conjunction with the key stakeholders;
• Perform a comparative analysis of best practices in labour migration management in identified counties;
• Examine policy, institutional and legal challenges affecting labour migration management
• Facilitate regular technical working group meetings;
• Facilitate workshops with the key stakeholders to outline policy content and determine the format of the LMP;
• Facilitate workshops with the key stakeholders to outline labour bill;
• Provide recommendations and technical expertise to the GoK while developing the LMP and labour migration management bill;
• Facilitate the stakeholder consultation and validation meeting;
• Provide technical assistance for the development, review and validation of the LMP;
• Provide proposal on the policy priorities highlighting the milestones to be achieved in the short, medium and long term.

Core deliverables

1^st -2^nd month

• Inception brief inclusive of proposed methodology and proposed work plan.
• Recommendations for chapters/sections to be reviewed.
• An inception planning meeting with the Technical Working Group (TWG).
• Undertake situational analysis and needs assessment in conjunction with the GoK
• Facilitate regular technical working group meetings.
• Facilitate a workshop with the stakeholders to outline policy content and determine the format of the LMP.
• Report on consultation with the key stakeholders.

3^rd - 4^th month

• Provide recommendations and technical expertise to the GoK while developing the LMP and LMMB.
• Facilitate one-day validation workshop.
• Workshop report.

5^th month

• Incorporate inputs from validation meeting and finalize the LMP and LMMB

Desirable Competencies

Behavioral

• Takes responsibility and manages constructive criticism;
• works effectively with all clients and stakeholders;
• promotes continuous learning; communicates clearly;
• takes initiative and drives high levels of performance management;
• plans work, anticipates risks, and sets goals within area of responsibility;
• displays mastery of subject matter;
• contributes to a collegial team environment;
• creates a respectful office environment free of harassment and retaliation, and promotes the prevention of sexual exploitation and abuse (PSEA);
• incorporates gender-related needs, perspectives, and concerns, and promotes equal gender participation; 
• displays awareness of relevant technological solutions;
• works with internal and external stakeholders to meet resource needs of IOM.

Technical

• Delivers on set objectives in adequate short time of two months;
• effectively coordinates actions with other government department;
• works effectively with National Employment Authority and authorities, stakeholders, and wider consultation to advance IOM office and regional objectives.

Desirable Qualifications and Experience

• Completed Master's degree from an accredited academic institution preferably in Law, Political or Social Sciences, International Affairs, or related fields;
• Fluency in both written and spoken English;
• Knowledge of labour migration is desirable;
• Excellent drafting ability and analytical skills, in particular the ability to draft papers of high quality primarily in English;
• Proven experience as a trainer, facilitator, and presenter on the topics of labour migration;
• At least seven years of knowledge and experience in practical in research or in migration governance and previous experience in migration-related research is an advantage;
• Experience with raising awareness in the public domain and working with governmental institution is required.
• Experience in data management, including good knowledge on databases and electronic tools.