Rapid Assessment: Legislative Frameworks on Complaints And Remedy Procedures For Migrant Workers at International Labour Organization

Assignment

• An international consultant is required to conduct a rapid assessment of the legislative or regulatory frameworks for complaints and remedy procedures in Kenya and Uganda, and develop recommendations for improving legal protection, access and outcomes for migrant workers.

The rapid assessment should address the following for each country:

Background

• Brief labour migration context
• Brief legal framework outline
• Most common rights violations faced by migrant workers

International best practices on complaint and remedy procedures

• Identify 2 to 3 best practice cases
• Review of functioning of legislative and regulatory framework,
• Assess accessibility and enforcement methods/mechanisms

Legislative and regulatory framework for complaints and remedy covering inbound and outbound migrant workers

• Outline the different mechanisms available e.g. in recruitment regulation, anti-trafficking legislation, bilateral labour migration agreements (BLAs), mechanisms available through consular support in the countries of destination etc.; and the responsible authorities
• A mapping/outline of SOPs for access to the complaints’ mechanisms
• Roles and responsibilities of the key line ministries involved in complaints and remedy procedures and mechanisms (for example Ministry of Labour, Ministry of Justice, Labour Administration (labour inspection), National Human Rights institutions, Ombudsmen etc.) (related to the above)
• Any mechanisms that are in place to facilitate cross-border access to justice.

Accessibility

• Key challenges in accessibility for migrant workers
• Measures that are in place to improve access, e.g. pre-departure orientation training, translation support services etc.
• Mapping of support services for accessing complaints and remedies, for example, legal aid services, CSOs, trade unions, migrant worker resource centres (MRCs) etc.

Outcomes and enforcement

• Review of key weaknesses in outcomes for migrant workers, and enforcement of outcomes (both compensation for workers and sanctions and penalties for violators)
• Data on the number of complaints and their outcomes
• Documentation of illustrative case studies in each country

Recommendations

• For improving legal coverage, accessibility and outcomes and enforcement for migrant workers, covering all relevant stakeholders (including social partners). The recommendations should draw on international best practice.

Methodology

• Desk review, including mapping of relevant stakeholders and their roles and responsibilities
• Key informant interviews (KIIs) with relevant stakeholders, to be agreed with ILO and the Ministry of Labour

Scope

• Departing and returning Kenyan and Uganda migrant workers – including potential migrant workers/ jobseekers (those who have not yet departed)
• Potential and returned migrant workers in Kenya and Uganda
• Limited to labour migration-related abuses
• Including state-based judicial (courts and tribunals) and non-judicial mechanisms (those operated by state institutions outside a judicial process, such as government-run complaints offices, national human rights institutions etc.)
• Including non-state-based mechanisms, such as those offered by industry associations or business enterprises

Deliverables and timeframe

The consultancy work will take 30 days within a period of three months. Below are major deliverables.

• Inception report including his/her understanding of the assignment, detailed methodology notes, research and analysis tools and a realistic and detailed workplan
• First draft of the report
• Delivery of presentation in 2-hour online workshop in Kenya and Uganda with ILO staff and key constituents to validate research findings
• 4-6 page of policy briefs summarizing major finding and recommendations for each country
• Final full report, and incorporating feedback

Payment schedule

• 30% upon submission of inception report including his/her understanding of the assignment, detailed methodology notes, research and analysis tools and a realistic and detailed workplan
• 30% upon submission of first draft of the report
• 20% upon delivery of presentation in 2-hour online workshop in Kenya and Uganda with ILO staff and key constituents to validate research findings
• 20% upon submission of final full report, and incorporating feedback and a 4-6 page of policy briefs summarizing major finding and recommendations for each country

Assignment supervision

• The international consultant will work under the overall supervision of the ILO BRMM phase II project Chief Technical Advisor

Selection criteria and expressions of interest

• Advanced University in law or social science or related disciplines
• Proven expertise in labour migration, labour law and justice. Proven experience in conducting similar assignments
• At least 5 years of proven experience in conducting legal and policy research in the Africa region
• Demonstrated understanding of the labour migration context and protection issues in East Africa, with a focus on Uganda and Kenya
• Demonstrated understanding of the different experiences of men and women in labour migration, and how to formulate gender-responsive policy recommendations
• Experience in working with the ILO and its constituents, or other United Nations agencies is an asset
• Proven ability to deliver high quality outputs in line with agreed budget and deadlines
• Excellent command of English

Evaluation criteria

Expertise and qualification

• Applicant has the necessary advanced degree at stated in the ToR

Maximum score - 10

• Applicant has proven expertise in labour migration, labour law and justice. Applincat has proven experience in conducting similar assignments

Maximum score - 10

• Applicant has at least 5 years of proven experience in conducting legal and policy research in the Africa region

Maximum score - 10

• Applicant has proven understanding of the labour migration context and protection issues in East Africa, with a focus on Uganda and Kenya
• Maximum score - 10

Proposed approach to deliver the ToR’s scope of work

• Based on the submitted technical proposal, the applicant demonstrates its ability in conducting similar research and formulating gender-responsive policy recommendations. It has demonstrated its understanding of the different experiences of men and women in labour migration. The technical proposal also includes a realistic action/work plan.

Maximum score - 30

• Based on the submitted proposal, applicant demonstrates appropriate approach/methodology to be used to deliver on the objectives of the assignment including any innovation/new idea proposed.

Maximum score - 30