Consultant – Oversight Mechanism at International Organization for Migration (IOM)

Duration of Assignment: 10 months

Job family: Core Migration

Organizational unit: Labour Mobility & Human Development and Migrant Protection and Assistance Department

Reporting directly to: Programme Manager - Labour Mobility & Human Development and Migrant Protection and Assistance Department

BACKGROUND AND JUSTIFICATION

Established in 1951, IOM is a Related Organization of the United Nations, and as the leading UN agency in the field of migration, works closely with governmental, intergovernmental and non-governmental partners. IOM is dedicated to promoting humane and orderly migration for the benefit of all. It does so by providing services and advice to governments and migrants.

Kenya has been described as a country of origin, transit and destination for human trafficking by various reports including by the National Crime Research Center in 2015. This report points out the most prevalent forms of trafficking in Kenya as labour and sex trafficking especially along the coastal and major urban cities including Nairobi, and Kisumu. The clandestine and under reported nature of human trafficking, has led to a shortage of data regarding prevalence of the crime. The US Trafficking in Persons Report for 2020 ranked Kenya in the second tier as it does not meet the minimum standards for the elimination of Trafficking in Persons (TIP). Like many countries in the continent and globe, Kenya faces the great challenge of the growing number of unemployed youths, both from rural and urban areas who are increasingly seeking employment and opportunities abroad, and while pursuing their dreams, some fall into the trap of human trafficking/forced labour and exploitation.

In the given context and through this action, IOM Kenya is proposing a multi-stakeholder approach that will contribute to the transformation of the recruitment industry in Kenya towards ethical recruitment practices. This project “Fostering recruitment agencies’ ethical practices and accountability, as well as supporting the Government of Kenya (GoK) to pilot a recruitment oversight mechanism to prevent TIP will support the creation of sustainable business models for recruitment of migrant workers that are consistent with international ethical recruitment standards. The project will address the drivers of vulnerability that aggravates forced labour/human trafficking and exploitation by enhancing ethical recruitment services on the supply side, and also aims to pilot an oversight mechanism with the National Employment Authority (NEA) to monitor and report unscrupulous practices by recruitment agencies. This will be done by supporting the GoK with establishing and piloting an oversight mechanism through which illegal and unethical recruitment practices of recruiters are identified and reported.

OBJECTIVES

The incumbent will lend support on a 10-month consultancy contract to the IOM Kenya Mission by supporting the Project Manager of Labour Mobility and Human Development and Migrant Protection and Assistance Department in supporting NEA to develop and pilot an oversight mechanism that will oversee Private Recruitment Agencies business practice.

SPECIFIC TASKS OF THE CONSULTANCY

Under the overall guidance of the Chief of Mission, of IOM Kenya, the direct supervision of the Project Manager of Labour Mobility and Human Development and Migrant Protection and Assistance Department, the Consultant will undertake the below responsibilities: -

1. Participate in an inception meeting with IOM & NEA and prepare an inception report, detailing the general understanding of the assignment, work plan and deliverables.
2. Finalize a jointly agreed work plan with timelines for sharing drafts.
3. Undertake desk review of the existing monitoring mechanism as well as migrant feedback mechanism at NEA and review best practices that can be replicated in Kenya.
4. Work closely with the GoK/NEA/IOM to establish a multi-stakeholder technical advisory committee. This committee will advise and guide the oversight board how to set up the mechanism. The technical advisory committee is expected to comprise vast range of industry stakeholders including trade unions, NGOs, human rights CSOs.
5. Draft detailed terms of reference for the technical advisory committee with deliverables and timelines.
6. Liaise closely with IOM & NEA in the official launch of the technical advisory committee to introduce the team and begin awareness raising for the general public, Private Recruitment Agencies (PRAs) that an oversight mechanism is in the process of being developed.
7. Coordinate and convene meetings with the technical advisory committee to assist/support NEA in setting up structures and framework for the piloting of an oversight mechanism.
8. Draft a road map to setting up the oversight mechanism and structures, the community feedback mechanism and through consultations include feedback received and embedded within the road-map discussions.
9. Select and pilot oversight mechanism and the community feedback mechanism roadmaps across selected regions within the country.
10. Map out existing community feedback mechanism in select counties, develop/strengthen the feedback mechanisms.
11. Work closely with the GoK/IOM in linking the Ethical Recruitment component, Oversight Mechanism and existing government mechanisms e.g., the National Referral Mechanism for Victims of Trafficking.
12. Launch and train the GoK, Advisory Committees and selected Training of Trainers (TOT) focal persons on the Oversight Mechanism and Community Feedback Mechanism.
13. Develop sustainability plan or institutional framework that can be adopted by GoK. This sustainability plan or institutional framework will include inputs from the training participants to increase feasibility of the sustainability plan or institutional framework.
14. Any other duties as assigned.

V. TANGIBLE AND MEASURABLE OUTPUT

Tangible and Measurable Output

1. Mapping out the monitoring gaps and structures in place at the Ministry of Labour/National Employment Authority.
2. Development and finalization of the Terms of Reference (ToR) of the Multi – Stakeholder Technical Working Committee.
3. Establishment and launch of the Multi – Stakeholder Technical Working Committee.
4. Orientation to the committee members about the ToR and produce a report.
5. Develop, finalize, and pilot the Oversight mechanism and community feedback mechanism road map along with the M&E tools.
6. Map the existing community feedback mechanism and submit a report.
7. Launch and train the stakeholders and submit a report which includes sustainability plan or institutional framework.

Deliverable Dates

Inception Meeting (March)

1. Meeting with GoK and Introduction to the Oversight & Feedback Mechanism component
2. Consultations with GoK to map out monitoring gaps and structures in place
3. Map out existing community feedback mechanism in select counties

Month 1 – 3 (April – June)

1. Organize Multi stakeholders consultation meetings to set up structures and a framework for the pilot oversight mechanism and community feedback mechanism
2. ToR development workshop and finalization of the ToR
3. Establishment and orientation validation of technical committee
4. Training of Technical committee on ToR

Month 4 – 6 (July - September)

1. Launch of Technical committee
2. Initial consultation on roadmap for oversight mechanism and feedback mechanism
3. Development of first draft of roadmap

Month 7 – 9 (October – December)

1. Validation and adoption of oversight mechanism roadmap
2. Establish/ strengthen existing feedback mechanism
3. Select and pilot oversight mechanism roadmap
4. Launch of feedback mechanism
5. Conduct ToT feedback mechanism workshops in 4 regions in Kenya ie Eastern, Western, Nairobi & Coastal on the Oversight Mechanism and Community Feedback Mechanism
6. Establish/ strengthen existing feedback mechanism

VI. QUALIFICATION AND COMPETENCIES REQUIRED

Education and experience

1. Master’s degree in Monitoring and Evaluation, International Development, International Relations, Social Sciences or related fields.
2. At least 8 – 10 years of experience in the design and implementation of M&E/MIS in development projects implemented by national/international NGOs/UN bodies/ Government.
3. Minimum of eight (8) years of relevant experience working with setting up monitoring and evaluation structures/mechanism/tools; Develop and strengthen monitoring, inspection and evaluation procedures.
4. Minimum of five (5) years of relevant experience in protection and or migration.
5. Preferred: work experience in Kenya and familiarity with the existing National Employment Authority (NEA) Policies, Regulations and Vetting systems for the Private Recruitment Agencies.

Additionally, the consultant must have the ability to:

1. Produce high quality outputs in a timely manner, while understanding and anticipating the evolving needs on the ground.
2. Assess situations or circumstances, and to draw sound conclusions.
3. Think strategically, manage competing priorities and be highly organized.
4. Work independently and produce high quality outputs.
5. Display sensitivity towards culture, gender, religion, race and nationality.
6. Willingness and ability to travel within the Country for an extended period of time.
7. Strong communication and presentation skills and attention to detail.
8. Advanced knowledge in the usage of computers and office software packages.

Behavioral Competencies

• 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; k) works with internal and external stakeholders to meet resource needs of IOM.

Technical Competencies

1. Delivers on set objectives on hardship situations;
2. Effectively coordinates actions with other implementing partners;
3. Works effectively with local authorities, stakeholders, beneficiaries and the broader community to advance country office or regional objectives.

LANGUAGE

Fluency in written and spoken English.