International Consultant to Develop Labour Migration strategy and action plan for the Republic of Djibouti

Djibouti has a population of less than one million[1]. With a hot and arid climate, three quarter of the country’s population live in Djibouti City and the rest are mainly herders. However, internal migration is largely limited to nomadic herders in search of food and very few Djiboutians migrate[2] to France for education and choose to reside there after the completion of their studies and some migrate to Canada to work as teachers and nurses – this trend is viewed by some Government stakeholders as contributing to brain drain. Migrating to neighbouring countries for employment seems challenging due to neighbouring countries using English as a working language along with relatively low salary [3].

Djibouti is a host for approximately 150,000 undocumented migrants and is a transit hub for thousands of others from the Horn of Africa heading to the Gulf States.[4]. Most migrants following this route are mostly Ethiopians and Somalians. They go through Djibouti to reach the coastal area of Obock. Djibouti is also an important destination for asylum seekers and refugees from IGAD countries, as well as for Yemenis who are fleeing war in their country. UNHCR mission monitoring the Yemen passage have reported more than 365,000 migrants following this route between 2008 and mid-2016[5]. Moreover, Djibouti is increasingly becoming a country of destination as well. The country attracts migrant workers from the region, Europe and Asia given its relative stability and strategic location as the gateway for Suez Canal. Although statistics on labour migration are not harmonized, reports have indicated that Ethiopian and Somali female migrants engage in domestic work, while their male counterpart engage in masons, mechanics, and guards. Moreover, Chinese, Eritreans, Ethiopians, and Somalis work in construction; while Indians work in the IT sector and Yemenis tend to own or work in small businesses and shops[6].

Labour migration to the Middle East and Gulf countries also takes place to limited extent and is facilitated by private employment agencies (PEAs). The Government of Djibouti has initiated agreements and programmes to facilitate outbound labour migration for Djiboutians. For instance, Djiboutian bus and truck drivers work in Qatar, following the signing of a bilateral labour agreement (BLA); with a BLA with Kingdom of Saudi Arabia domestic workers have been deployed, but currently banned due to poor working conditions; and through a pilot circular migration project the National Agency for Employment, Training and Professional Integration (ANEFIP) and the International Organization for Migration (IOM) facilitated the deployment of approximately 50 Djiboutians to work in food processing in Canada with the company called Olymel[7]. As per World Bank estimates, the annual remittance inflow to Djibouti was US$54.6 million for 2022, accounting for 1.6 per cent of Gross Domestic Product (GDP)[8]. Further in 2019, Djibouti reported that the irregular migrant stock stood at 115,341 persons, constituting 12 per cent of the total population[9].

At regional level, Djibouti is a member of Common Market for East and Southern Africa (COMESA) and Inter-Government Agency for Development (IGAD) both of which have adopted Protocols to allow free movement of persons amongst its members. At the national level, Djibouti has developed a migration strategy in 2021, but the country’s development framework (Vision 2035) as well as National Employment Policy do not address labour migration. However, there are a number of laws and regulatory frameworks that address labour migration management. For instance, the legal framework to protect human rights and labour rights in Djibouti such as the Refugee Law (2017), Constitution, Labour Code (2006) and social protection also apply to migrant workers. Currently, the Government of Djibouti is planning to develop a labour migration strategy. IOM had initiated the support to the Government of Djibouti with the development of a draft National Labour Migration Strategy. Upon development of the outline, the Ministry of Labour in charge of Formalization and Social Protection officially requested ILO to support in the development of the national labour migration strategy and action plan, due to ILO’s comparative advantage.

Despite these developments, Djibouti still does not have a labour migration policy. The assessment of labour migration and mobility governance for Djibouti conducted by the ILO in 2020 clearly indicated the need to develop rights-based labour migration policy through a whole-of-government approach, that considers policy coherence and protection of migrant workers.

To this end, the Ministry of Labour in charge of Formalization and Social Protection in partnership with the ILO through the Better Regional Migration Management (BRMM) funded by the Foreign Commonwealth and Development Office of United Kingdom (FCDO) and Joint Labour Migration Programme (JLMP)- LEAD funded by the Swedish International Development Cooperation Agency (SIDA), is seeking to engage an international consultant to develop a labour migration strategy and action plan.

2. Objectives of the assignment

The overall objective of this consultancy is to develop a gender-responsive, rights-based labour migration strategy and action plan for Djibouti that is in line with international labour standards, global and regional commitments as well as emerging/promising practices to promote safe, orderly, and regular labour migration and protect the rights of migrant workers, with a focus on women and persons with disabilities.

More Specifically,

• Conduct a situational analysis on labour migration context and dynamics in Djibouti through desk review of relevant documentation including, but not limited to, policies, laws, institutional structures, actors, and coordination mechanisms pertaining to labour migration and provide recommendations in line with international good practices. This will build on the pre-existing assessment of labour migration and mobility in Djibouti and add any recent legislative and institutional development that has taken place since 2020.
• Develop the National Labour Migration Strategy in line with relevant ILS for migrant workers under the principle that all ILS apply to all workers unless the standard says different. It should also consider the ILO Guidance tool on Labour migration policy[10], the Revised Migration Policy Framework for Africa and Plan of Action (2018-2030)[11] and the IGAD Regional migration policy framework[12]. The development should also take into account and promote different instances for social dialogue as part of the process to decision making on policy action regarding migrant workers and in particular, regarding the processes for designing, signing, implementing, monitoring and evaluating BLMAs with other countries. It should also consider the formats of relevant national labour migration policies from other countries and draw on Djibouti relevant national policies to ensure policy coherence. The strategy will refer to the draft document prepared by IOM. The labour migration strategy should promote the enforcement of labour standards, reduce recourse to irregular migration and contribute to the social and economic development of the country. It should further address aspects related to the supply, demand and efficiency and challenges of the labour market.
• Develop a draft action plan to operationalize the labour migration strategy in Djibouti with short term (one to three years) and mid-term (four to ten years) perspective.
• Develop a monitoring and evaluation framework to enable the Ministry of Labour in charge of Formalization and Social Protection to track progress towards achieving the objectives of the labour migration strategy and action plan, identify challenges, and make necessary adjustments.

3. Scope of the Work

• Review existing national, sub-regional and international instruments on labour migration.
• Benchmark good practices with the view of developing the outline for the National Labour Migration strategy and action plan.
• Develop a situational analysis report of not more than 10,000 words to ensure improved understanding on the context of migration in Djibouti to form the baseline of the strategy. The report will build on the pre-existing assessment of labour migration and mobility in Djibouti and add any recent legislative and institutional development that has taken place since 2020. The report should include at least key labour migration trends, overview of governance structure (polices and institutions), related relevant policies and key issues concerning labour migration in Djibouti.
• Develop national labour migration strategy and action plan that will address the challenges identified in the situational analysis and protection concerns of inbound and outbound migrant workers and lay out the steps needed to put in place the necessary protection mechanisms.
• Conduct consultations with all relevant stakeholders in Djibouti, including, but not limited to, the Ministry of Labour in charge of Formalization and Social Protection, Ministry of Interior, National Bureau of Coordination for Migration, Ministry of Foreign Affairs and International Cooperation, Ministry of Women and Family, Ministry of Justice, Ministry of Decentralisation (regional councils), Ministry of Social Affairs and Solidarity, Ministry of Health, Ministry of the Economy, National Institute of Statistics (INSTAD), National Agency for Employment, Training and Professional Integration (ANEFIP), National Office for Assistance to Refugees and Disaster Victims (ONARS), social partners, civil society organizations (UNFD), the National Human Rights Commission, academia, and international partners (ILO, IOM and UNHCR), intergovernmental partners (IGAD) to agree on the strategy priorities, target groups, and main elements of the strategy and action plan, through the establishment of working groups per pillar to define content.
• Develop an action plan that includes outlining the necessary steps, timelines, and resources (human and financial resources) required, and needs in terms of coordination to implement the strategy effectively. The action plan will also identify key government and non-government partners mandated in labour migration and detail their roles and responsibilities for the effective implementation of the strategy. The action plan will also include a detailed monitoring and evaluation frameworks to track progress towards achieving the objectives of the labour migration strategy.

The labour migration situation analysis should include the following elements:

1. Data Collection and Analysis
2. Identify and take stock of existing data sources available on labour migration from internal sources in Djibouti. All relevant data must be provided by relevant stakeholders who play a role or have interest in labour migration.
3. Analyse data collected to gauge the coherence and compatibility of data collection mechanisms to give a better overview of the current situation of labour migration into and from Djibouti.
4. Assess the availability of data and data sources as well as the credibility of existing data to be able to ascertain the means and feasibility of bilateral agreements for the placement and matching of Djiboutian workers into labour markets.
5. Institutional Structures and Inter-institutional Collaboration
6. Analyse the roles and responsibilities of existing institutional structures responsible for managing labour migration in Djibouti, including the scope and functioning of inter-ministerial and inter-institutional collaboration.
7. Provide recommendations on how to improve these structures and coordination mechanisms.
8. National legal, legislative and policy frameworks basis and International Norms
9. Building on the assessment conducted in 2020, analyse current national legislation regarding the departure of national workers for employment opportunities abroad as well as protection mechanisms of migrant workers in Djibouti to identify potential gaps.
10. Examine existing bilateral and multilateral labour agreements involving Djibouti and to what extent such agreements are being implemented in an effective manner.
11. Ascertain the extent to which legal provisions prescribed in international conventions are in place and functioning, and where ratification has not taken place, assesses the obstacles and requirements for ratification. In particular, focus on any obstacles in the national legislation preventing access to employment.
12. Regional Context
13. Examine good practices and lessons learned vis-à-vis labour migration in other countries that have draft labour migration policies and assess their applicability to the specific context in Djibouti.
14. Explore the extent to which labour migration policies, practices, structures, and legislation in Djibouti are in line with AU, IGAD and COMESA policy frameworks (e.g. AU and IGAD Migration Policy Frameworks, Djibouti declaration on labour, employment and labour migration in the IGAD region and COMESA Protocol on the Free Movement of Persons, Labour, Services, the Right of Establishment and Residence) and make recommendations accordingly.

4. Methodology

The consultant will work closely with the members of the TWG, in particular the Ministry of Labour in charge of Formalization and Social Protection, Social partners and the ILO.

The methodology for the assignment includes, but not limited to the following elements:

• Desk review of national and international documentation relevant to the development

of the strategy and action plan

• Analysis of stocks and flows of (labour) migrants based on national and international sources.
• Key informant interviews and/or consultations (virtual or face to face) with stakeholders in Djibouti, and in particular the members of the TWG.

5. Deliverables

• An inception report detailing the methodology, work plan, stakeholder interview guide and timeline for the consultancy.
• A situational analysis report with a view to developing a detailed understanding of the context and dynamics of migration/labour migration movements, examining the political and economic aspects of labour migration and its impact on key development indicators in Djibouti, and ensuring that the strategy is founded on a solid evidence base.
• A draft gender responsive and rights-based labour migration strategy for Djibouti, inclusive of a draft action plan short term (one to three years) and mid-term (four to ten years) perspective and a detailed monitoring and evaluation framework as stated in the scope of work.
• The draft action plan should include the following components:
• Executive Summary
• Introduction
• Strategic Objectives
• Gaps and Challenges
• Priority Areas of Intervention
• Stakeholder Roles and Responsibilities
• Timeframe
• Required Resources
• Conclusion
• Annexes should be attached to the final documents, including:
  1. All notes from meetings with stakeholders, including a list of all respondents in consultations, interviews, and other meetings.
  2. All available statistics gathered in the course of the data/information collection and assessment process.
  3. All references and sources consulted as per ILO guidelines (to be provided to the consultant).
  4. Any other material relevant to the assignment
• A presentation on the draft Labour migration strategy and participate in the national consultations to gather feedback on the draft strategy.
• A finalized labour migration strategy and draft action plan considering the comments provided by ILO, Ministry of Labour in charge of Formalization and Social Protection and the feedback from the validation workshop.

6. Reporting

The consultant will report to the Ministry of Labour in charge of Formalization and Social Protection, ILO Chief Technical Advisor (CTA) of the BRMM and Labour Migration Specialist. The Ministry of Labour in charge of Formalization and Social Protection will ensure leadership and coordination of the strategy’s design process to ensure compliance with the wider national development agenda. This will involve consultations with other ministries as well as social partners, and international partners.

All data collected for the duration of the assignment is to be kept confidential. All information relating to this consultancy, including any copyright or ownership of documents generated during the process, is owned by the ILO and its project partners.

7. Timeframe

The consultant will carry out the activities listed below within 25 weeks following the date of the agreement took effect.

• Advanced degree (Master's or higher) in public administration, international relations, political science, economics, law, social science, or other related fields.
• Sound knowledge of policy and legislative frameworks relevant to developing a labour migration policy.
• At least 10 years of professional experience in policy development of which 5 years of relevant experience is in labour migration policy and strategy design, implementation, monitoring, and evaluation, with a focus on developing countries.
• Extensive knowledge on migration issues, including legal frameworks, labour market trends, and socio-economic factors affecting migration.
• Substantive knowledge on gender mainstreaming and a human rights-based approach
• Excellent knowledge of written and spoken English and French
• Producing high quality reports in English and French
• Solid experience with ILO process, tripartism and working context/modalities.

10. Evaluation Criteria

The successful international consultant will have a mix of expertise and qualifications in the focus areas related to this assignment. Evaluation of the suitability of the consultant to work on this assignment will be made against the following technical criteria:

Evaluation Criteria

Maximum mark

1. Expertise/Qualification

The consultant needs to have a minimum of Advanced University degree in law, social science or a relevant discipline.

10

Knowledge and familiarity on designing labour migration policy and strategy is critical. Experience with migrant contexts, ideally with familiarity of the context in Djibouti will be an advantage. 10

Proven experience in carrying policy/strategy development assignment (at least 10 years.) 10

Experience in producing high quality reports in English and French 10

Maximum Points 40

1. Proposed approach to deliver the ToR’s scope of work

Applicant demonstrates (via submitted technical proposal) their expertise working on developing labour migration policy/strategy. The technical proposal includes a realistic work plan. 30

Applicant, demonstrates the appropriate approach/methodology to be used to deliver on the objectives of the assignment including any innovation/new idea proposed. 30

Maximum Points 60

Total for Both Section A (30 Points) and Section B (70 Points) 100

Minimum Acceptable Score for the Proposals to be considered for financial evaluation. 70

11. Recommended presentation of proposal

Interested consultant must submit the following documents:

• Technical proposal, specifying the understanding of the assignment, methodology, approach, proposed work, and work plan, qualifications of key personnel, and relevant experiences of the consultant, samples of reports of similar work done previously. Personal CV indicating all experience from similar assignments, as well as the contact details (email and telephone number) of the candidate and at least three (3) professional references.
• Financial proposal, the interested consultant is requested to provide a financial offer in USD and includes separately professional fees related to the activity and costs for field mission dates and days, travel cost and daily allowance if need be.

[1] An assessment of labour migration and mobility governance in the IGAD region - country report for Djibouti.pdf

[2] Djibouti-Migration-Profile.pdf (unu.edu)

[3] An assessment of labour migration and mobility governance in the IGAD region - country report for Djibouti.pdf

[4] IOM 2021.

[5] Djibouti-Migration-Profile.pdf (unu.edu)

[6] An assessment of labour migration and mobility governance in IGAD region: Country report for Djibouti (2020)

[7] An assessment of labour migration and mobility governance in the IGAR region - country report for Djibouti.pdf

[8] Personal remittances, received (current US$) - Djibouti | Data (worldbank.org)

[9] IGAD Migration Statistics Report (2021)

[10] See ILO (2021) Practical Guide on Developing Labour Migration Policies. https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwikiPzg04j_AhWHSfEDHfDcDncQFnoECAkQAQ&url=https%3A%2F%2Fwww.ilo.org%2Fwcmsp5%2Fgroups%2Fpublic%2F---ed_protect%2F---protrav%2F---migrant%2Fdocuments%2Fpublication%2Fwcms_832194.pdf&usg=AOvVaw35BjnS_v6nHXjVmpRCljKC

[11] AFRICAN UNION (au.int)

[12] igad-regional-migration-policy-framework1.pdf (iom.int)

Interested consultant can send questions if any to the ILO’s Procurement Unit in Addis Ababa, Ethiopia ([email protected]) until 19 April 2024. Questions will be answered and shared with the interested organizations by Close of Business 23 April 2024.

Completed technical and financial proposals are to be submitted to [email protected] by Close of Business on 02 May 2024.

Note:-

This is not a job post. Only individual consultant who submits a technical and financial proposal will be considered. Offers from a firm and a group of individual consultants will not be considered.